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Home My WebLink AboutPDS-10-014 - Indrio Crossings Phase II - SB 360 Extension1 PDS No. 10-014 2 BCC 620104068 3 4 5 AN ORDER GRANTING A TWO-YEAR STATUTORY 6 EXTENSION PROVIDED BY THE COMMUNITY RENEWAL ~ ACT TO THE SCHEDULED EXPIRATION DATE TO THE 8 PREVIOUSLY APPROVED MAJOR SITE PLAN FOR THE 9 PROJECT TO BE KNOWN AS INDRIO CROSSINGS ~.o PHASE II. 11 i2 WHEREAS, the St. Lucie County Planning and Development Services Director t3 has reviewed the request for an Appeal to the denial of a Development Order extension l4 timely submitted in accordance with the provisions of The Community Renewal Act on l5 behalf of Jeffrey Freedman, and has made the following determinations: l6 l7 1. On January 17, 2006, the St. Lucie County Board of County Commissioners l8 granted approval, through Resolution 06-006, to the petition of Jeffrey l9 Freedman, for the Major Site Plan approval for the project to be known as Indrio ?o Crossings Phase II, on property located on the southeast corner of Turnpike 21 Feeder Road and Miramar Avenue, and more particularly described in Part C ?2 below. ?3 ?4 2. On November 30, 2006, South Florida Water Management District General i5 Permit No. 56-00677-S was issued to Dror Tregar and Jeffrey Freeman for the i6 Indrio Crossings Phase II project with a permit expiration date of November 30, ?7 2011. ?g z9 3. On February 19, 2008, the County Commission denied the request for a site plan 3o extension for the Indrio Crossings -Phase II Major Site Plan, as provided for in 31 Section 11.00.04(G) of the County's Land Development Code. 32 33 4. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 34 2009-96, Laws of Florida, more commonly known as the "Community Renewal 35 Act" (the "ACT"). 36 37 5. On April 29, 2010, the Growth Management Director denied a request for an 38 extension for a two year extension provided under Section 14 of the "Community 39 Renewal Act" (the "ACT") based upon the development order approval being 40 outside the statutory timeframe of the ACT. 41 42 6. On May 26, 2010, the applicant appealed the denial of the request for an 43 extension under the ACT. File No.: BCC 620104068 DS Order 10-014 JUI 29, 2O1 O JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Pa e 1 Y SAINT LUCIE COUNTY 9 FILE # 3502455 08!10!2010 at 09:13 AM OR BOOK 3219 PAGE 2237 - 2240 Doc Type: ORD RECORDING: $35.50 7. On May 28, 2010, Florida Governor Charlie Crist, signed into law Chapter 2010-147, Laws of Florida, more commonly known as the "Jobs Bill" provided for an additional two year extension provided under Section 14 of the "Community Renewal AcY' (the "ACT"). 8. The Act provides that in recognition of the 2009 real estate market conditions, any government issued development order or permit that has an expiration date of September 1, 2008 through January 1, 2012, may be eligible to be extended and renewed for a period of two (2) years following its date of expiration. 9. The Act further provides that the request for statutory extension must be timely made in writing by December 31, 2009, identify the specific authorization for which the extension is requested, the intended use of the extension and the anticipated time frame for acting on the authorization. 10. Further, pursuant to of the Act, the request for statutory extension must be reviewed by Planning and Development Services staff and found not to be in significant noncompliance with the original St. Lucie County development order granting approval and that any extension granted pursuant to the Act, is the result of the St. Lucie County Board of County Commissioners' good faith interpretation of the Act. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to the provisions of the "Community Renewal Act" of 2009 and the "Jobs Bill" of 2010, the Major Site Plan approval for the project known as Indrio Crossings Phase II has been found to be eligible for and consistent with the provisions contained in Section 14 of SB 360 such that the approval granted under that Resolution is extended for four years and shall now expire January 17, 2012. B. All terms and conditions of Resolution No. 06-006, shall continue to remain in full force and effect unless otherwise amended. C. In the event that a court determines that the Act is unconstitutional, the extension granted by this order shall become null and void. D. The property on which this development order extension is being granted is described as follows: That part of the Southwest '/a of the Northwest '/a of Section 13, Township 34 South, Range 39 East, St. Lucie County, Florida, lying East of File No.: BCC 620104068 PDS Order 10-014 July 29, 2010 Page 2 i Sunshine State Parkway Feeder Road (S.R. 713) and North of Indrio 2 Road, LESS and excepting there from the East 818 feet of the South 3 228.71 feet. 4 5 Less and except road rights-of-way as described in those certain deeds 6 recorded in O.R. Book 585, Page 1449 through 1451, and O.R. Book 649, 7 Page 027 and 028, of the Public Records of St. Lucie County. 8 9 LESS AND EXCEPT: 10 li That part of the Southwest '/a of the Northwest '/a of Section 13, Township 12 34 South, Range 39 East, St. Lucie County, Florida, lying East of 13 SUNSHINE STATE PARKWAY FEEDER ROAD (S.R. 713) and lying 14 South of the following described line: 15 16 COMMENCING at a point (P.O.C.) being the Southeast corner of the i7 Southwest '/a of the Northwest '/a of said Section 13, run thence North 00 18 degrees 02'3" West along the East line of the Southwest '/a of the 19 Northwest '/a of said Section 13, 708.55 feet to the POINT OF 20 BEGINNING (P.O.B.); thence run South 89 degrees 59'58" West, parallel 21 with the '/4 section line, 760.46 feet; thence run South 44 degrees 59'58" 22 West, 51.71 feet; thence run North 45 degrees 00'02" West, 202.22 feet 23 to the East right-of-way line of SUNSHINE STATE PARKWAY FEEDER 24 ROAD (S.R. 713) and the end of this described line. 25 26 LESS AND EXCEPTING 27 2g The East 20 feet for road right-of-way (now Deleon Avenue, formerly 29 Royal Palm Avenue). 30 31 PARCEL CONTAINS 14.23 ACRE +/- 32 33 (Location: southeast corner of Turnpike Feeder Road and Miramar Avenue) 34 35 E. The conditions set forth in Part B are an integral non severable part of the site 36 plan approval granted by Resolution No. 06-006. If any condition set forth in 37 Part B is determined to be invalid or unenforceable for any reason and the 38 developer declines to comply voluntarily with that condition, this development 39 order extension approval granted by this resolution shall become null and void. 40 41 F. The St. Lucie County Planning and Development Services Director is hereby 42 authorized and directed to cause notation of this Order to be made on the Official 43 Zoning Map of St. Lucie County Florida and to make notation of reference to the 44 date of adoption of this Resolution. File No.: BCC 620104068 PDS Order 10-014 July 29, 2010 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 29th day of July, 2010. PLANNING AND DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mark Satterlee, AICP dw File No.: BCC 620104068 July 29, 2010 PDS Order 10-014 Page 4 APPROVED AS TO FORM AND CORRECTNESS: