HomeMy WebLinkAboutGM-10-004 - South Island Plantation - SB 360 Extension 1 GM-10-004
2 (File No. MNSP 720071282)
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s AN ORDER GRANTING ATWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY THE COMMUNITY
~ RENEWAL ACT TO THE SCHEDULED EXPIRATION
s DATE TO THE PREVIOUSLY APPROVED MINOR SITE
9 PLAN FOR THE PROJECT TO BE KNOWN AS SOUTH
to ISLAND PLANTATION.
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12 WHEREAS, the St. Lucie County Growth Management Director has reviewed the request for
13 Development Order extension timely submitted and in accordance with the provisions of The
14 Community Renewal Act on behalf of Repechage Development, Inc. and Preferred Properties of
is St. Lucie, LLC and has made the following determinations:
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17 1. On, November 16, 2007, the Growth Management Director granted approval, through
is GM Order No. 07-021, to the petition of Repechage Development, Inc. and Preferred
19 Properties of St. Lucie, LLC. for the Minor Site Plan approval for the project to be known
2 o as South Island Plantation, on property located on the west side of South Ocean Drive,
21 opposite the Islandia I and II Condominiums, and more particularly described in Part D
22 below.
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24 2. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 2009-96,
2s Laws of Florida, more commonly known as the "Community Renewal Act" (the "ACT").
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27 3. The Act provides that in recognition of the 2009 real estate market conditions, any local
2s government issued development order or permit that has an expiration date of
29 September 1, 2008 through January 1, 2012, may be eligible to be extended and
3 o renewed for a period of two (2) years following its date of expiration.
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32 4. The Act further provides that the request for statutory extension must be timely made in
33 writing by December 31, 2009; identify the specific authorization for which the extension
34 is requested, the intended use of the extension and the anticipated time frame for acting
35 on the authorization.
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37 5. Further, pursuant to the Act, the request for statutory extension must be reviewed by
38 Growth Management staff and found not to be in significant noncompliance with the
3 9 original St. Lucie County development order granting approval.
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41 6. Any extension granted pursuant to the Act, is the result of the St. Lucie County Board of
42 County Commissioners' good faith interpretation of the Act. By accepting this extension,
43 the applicant acknowledges that there are portions of the Act that are ambiguous, and
File No.: MNSP-720071282 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT GM Order 10-004
January 25, 2010 SAINT LUCIE COUNTY Page 1
FILE # 3439439 02/08/2010 at 10:33 AM
OR BOOK 3169 PAGE 1789 - 1791 Doc Type: ORD
RECORDING: $27A0
1 that there are contrary interpretations of the Act. The applicant also acknowledges that
2 the constitutionality of the Act has been challenged. Accordingly, by accepting this
3 extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
4 competent jurisdiction determines that the extension granted by St. Lucie County were
5 not legally granted, or in the event that the extension is subsequently revoked based on
6 the constitutional challenge to the Act.
a 7. This statutory extension is exclusive of and runs concurrently with any request for
9 approval extension that may be provided by the St Lucie County Land Development
to Code. Any Land Development Code extension must be applied for, reviewed and
11 approved in accordance with the provisions of the Land Development Code.
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13 NOW, THEREFORE, BE IT ORDERED by the St. Lucie county Growth Management Director
14 for County Commissioners of St. Lucie County, Florida:
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16 A. Pursuant to the provisions of the "Community Renewal Act" of 2009, the Minor Site Plan
17 approval for the project to be known as South Island Plantation has been found- to be
is eligible for and consistent with the provisions contained in Section 14 of SB 360 such
19 that the approval granted under that Growth Management Order is extended for two
2 o years from its scheduled expiration date of October 31, 2009 and shall now expire
21 October 31, 2011.
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23 B. All terms and conditions of GM Order No. 07-021, shall continue to remain in full force
24 and effect unless otherwise amended.
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26 C. In the event that a court determines that the Act is unconstitutional, the extension
27 granted by this order shall become null and void.
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29 D. The property on which this development order extension is being granted is described as
3 o follows:
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32 A parcel of land lying in Section 2, Township 37 South, Range 41 East, St. Lucie County,
33 Florida being more particularly described as follows:
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35 For a point of reference, Begin at the intersection of the North line of Section 2,
36 Township 37 South, Range 41 East with the West right-of-way line of State Road A-1-A
37 (a 100' right-of-way); said point lying on a curve concave to the East, a radial to said
3a point bears S70 ° 07' 34"W; From the Point Of Beginning, run Southeasterly along the
39 arc of said curve, having a radius of 11,615.78 feet and a central angle of 00°47'34", an
4 o arc distance of 160.75 feet; thence run S68 ° 45' 47"W, a distance of 122.64 feet; thence
41 run S21°14'13"E, a distance of 139.00 feet; thence run S68°45'47"W, a distance of 65.00
42 feet; thence run S21°14'13"E, a distance of 46.00 feet; thence run S68 ° 45' 47"W, a
43 distance of 398.97 feet; thence run N08 °26' 56"W, a distance of 19.21 feet; thence run
44 N17° 46' 49"W, a distance of 105.55 feet; thence run N47°24'36"W, a distance of 109.11
45 feet; thence run N35°33' 27"W, a distance of 144.35 feet; thence run N10°15'10"E, a
File No.: MNSP-720071282 GM Order 10-004
January 25, 2010 Page 2
1 distance of 142.52 feet; thence run N31 °05'38"W, a distance of 103.61 feet to a point on
2 the North line of Section 2; thence run S89°38'43"E, a distance of 651.55 feet to the
3 Point Of Beginning.
4 Containing 5.96 acres more or less
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6 Location: West side of State Route A-1-A, approximately one-half mile north of Nettles
~ Boulevard, on South Hutchinson Island.
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9 Parcel I D Nos.: 4502-212-0001-0104, 4502-212-001-0506, 4502-212-0001-0702 and
l 0 4502-212-0001-0001
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12 E. The conditions set forth in Part B are an integral non severable part of the site plan
13 approval granted by GM Order No. 07-021. If any condition set forth in Part B is
14 determined to be invalid or unenforceable for any reason and the developer declines to
15 comply voluntarily with that condition, this development order extension approval
16 granted by this resolution shall become null and void.
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18 F. The St. Lucie County Growth Management Director is hereby authorized and directed to
19 cause notation of this Order to be made on the Official Zoning Map of St. Lucie County
2 o Florida and to make notation of reference to the date of adoption of this Resolution.
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22 G. This order shall be recorded in the Public Records of St. Lucie County.
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24 ORDER effective the 25th day of January, 2010.
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26 GROWTH MANAGEMENT DIRECTOR
2~ ST. LUCIE COUNTY, FLORIDA
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29
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31 BY
32 Mark Satt lee, AICP
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34 APPROVED AS TO FORM
35 AND CORRECTNESS:
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37 n f
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39
4o County Attorney
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44 LAP
45 G:\Planning\PROJECT FILES\South Island Plantation\South Island Plantation MNSP 720071282\SB 360\GMOrder 10-
46 004.S6360.docX
File No.: MNSP-720071282 GM Order 10-004
January 25, 2010 Page 3