HomeMy WebLinkAboutPDS-10-022 - Hutchinson Sands - SB 1752 Extension 1 PDS NO. 10-022
2 (File No. BCC 820104131)
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5 AN ORDER GRANTING A TWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY SENATE BILL 1752 TO THE
~ SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY
a APPROVED MAJOR SITE PLAN FOR THE PROJECT
9 KNOWN AS HUTCHINSON SANDS.
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11 WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
12 the request for development order extension timely submitted and in accordance with the
13 provisions of Senate Bill 1752 on behalf of Herbert S. Garten, Lynnore Moss, Front Street, LLC,
14 Ute Avenue, LLC, Indiantown Land, Inc. and Aspen, LLC and has made the following
15 determinations:
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1~ 1. On, March 4, 2008 the St. Lucie County Board of County Commissioners granted
Ze approval, through Resolution No. 08-017, to the petition of Herbert S. Garten, Lynnore
19 Moss, Front Street, LLC, Ute Avenue, LLC, Indiantown Land, Inc. and Aspen, LLC, for
2 o the Major Site Plan approval for the project known as Hutchinson Sands, on property
21 located on the east side of South Ocean Drive, approximately 500 feet south of the
22 Anacostia Place access road and .25 mile south of Frederick Douglas Park, and more
23 particularly described in Part D below.
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25 2. On, May 28, 2010, Florida Governor Charlie Crist, signed into law, Chapter 2010-147,
26 Laws of Florida, more commonly known as the "Jobs for Florida" Bill (the "Bill").
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2 s 3. The Bill provides that in recognition of the 2009 real estate market conditions, any local
z9 government issued development order or permit that has an expiration date of
3 o September 1, 2008 through January 1, 2012, may be eligible to be extended and
31 renewed for a period of two (2) years following its date of expiration.
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33 4. The Bill further provides that the request for statutory extension must be timely made in
34 writing by December 31, 2010; identify the specific authorization for which the extension
35 is requested, the intended use of the extension and the anticipated time frame for acting
3 6 on the authorization.
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3 s 5. Further, pursuant to the Bill, the request for statutory extension must be reviewed by
39 Planning and Development Services staff and found not to be in significant
4o noncompliance with the original St. Lucie County development order granting approval.
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42 6. This extension is granted pursuant to Chapter 2010-147, and St. Lucie County Board of
43 County Commissioners' good faith interpretation of SB 1752. By accepting this
44 extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
45 competent jurisdiction determines that the extension granted by St. Lucie County were
File No.: BCC 820 1 04 1 31 PDS Order No. 10-022
November 30, 2010 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COUR Page 1
SAINT LUCIE COUNTY
FILE # 3540477 12/07l2010 af 08:36 AM e ORD
OR BOOK 3251 PAGE 1526 - 1529 Doc Typ :
RECORDING: $35.50
1 not legally granted or in the event that the extension is subsequently revoked based on a
2 constitutional challenge.
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4 7. This statutory extension is exclusive of and runs concurrently with any request for
5 approval extension that may be provided by the St Lucie County Land Development
6 Code. Any Land Development Code extension must be applied for, reviewed and
~ approved in accordance with the provisions of the Land Development Code.
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9 NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Zo Services Director for County Commissioners of St. Lucie County, Florida:
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12 A. Pursuant to the provisions of the "Jobs for Florida" Bill of 2010, the Major Site Plan
13 approval for the project known as Hutchinson Sands has been found to be eligible for
14 and consistent with the provisions contained in Section 46 of SB 1752 such that the
15 approval granted under GM-10-007 subsequent to SB 360 is extended for two years and
16 is scheduled to expire on March 4, 2012 shall now expire on March 4, 2014.
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1a B. All terms and conditions of Resolution No. 08-017, shall continue to remain in full force
19 and effect unless otherwise amended.
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21 C. In the event that court determines that the Bill is unconstitutional, the extension granted
22 by this order shall become null and void.
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24 D. The property on which this development order extension is being granted is described as
25 follows:
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2~ Parcel #1 - Owners - Front Street, LLC & Ute Avenue, LLC.
2 s The South 440 feet of the North 880 feet of Government Lot 1, Section 29, Township
z 9 35 South, Range 41 East, St. Lucie County, Florida
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31 Parcel #2 - Owners - Indiantown Land, Inc. & Aspen LLC
32 The South 440 feet of Government Lot 1, Section 29, Township 35 South, Range 41
33 East, St. Lucie County, Florida, being more particularly described as follows:
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35 Beginning at a point 880 feet South from the Northwesterly corner of Government Lot
36 1, Section 29, Township 35 South, Range 41 East; thence running Easterly and
3~ parallel with the Northerly line of said Lot to the Atlantic Ocean; thence running
38 Southeasterly along the said Atlantic Ocean to the South line of said Lot; thence
39 running Westerly along the South line of said Lot to the Southwesterly corner of said
4o Lot; thence running Northerly along the West line of said Lot to the Point of
41 Beginning. Together with all riparian and littoral rights thereunto appertaining.
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43 Parcel #3 - Owner - Indiantown Land. Inc.
44 The South 2/3 of Government Lots 1& 2, as measured along the common line
45 between Government Lots 1& 2, Section 30, Township 35 South, Range 41 East,
46 St. Lucie County, Florida.
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File No.: BCC 820104131 PDS Order No. 10-022
November 30, 2010 Page 2
1 Parcel #4 - Owner - Canton Cove, LLC and Englemeade, LLC
2 The Northerly 1040.5 feet of Government Lots 3& 4, as measured along the
3 common line between Government Lots 3& 4, Section 30, Township 35 South,
4 Range 41 East, St. Lucie County, Florida.
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6 Parcel #5 - Owner - Canton Cove, LLC and Enqlemeade, LLC
~ Section 30, Township 35 South, Range 41 East, St. Lucie County, Florida: that part
s of Government Lots 3& 4 lying south of the following described line. From the
9 intersection of the east line of Section 30 and the southwesterly road right-of-way line
10 of State Road A-1-A, thence south 00°08'10" along the easterly line of Section 30, 72
11 feet to a point of beginning; thence North 80°24'48" West 655 feet, thence South
12 74°21'36" West 1110 feet more or less to the Indian River and the end of the
13 described line: less that part lying South of the following described line. From the
14 intersection of the east line of Section 30 and southwesterly road right-of-way of
15 State Road A-1-A, thence South 00°08'10" East along the east line of Section 30,
16 725 feet to Government Meander Line, thence North 80°24'48" West along the
1~ Government Lot Meander Line 655 feet, thence South 74°21'36" West 1110 feet
1s more or less to the Indian River and the end of this described line, containing 25.12
19 acres more or less as recorded in OR Book 1997, Page 571.
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21 PARCEL SURVEYED CONTAINING 133.21 ACRES MORE OR LESS.
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23 Location: East side of South Ocean Drive, approximately 500 feet south of Anacostia
24 Place access road and 0.25 mile south of Frederick Douglas Park.
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26 Parcel ID No.: 2530-134-0002-000/0, 2530-131-0001-000/4, 2530-111-0002-000/9,
2 ~ 2529-223-0001-000/2, 2529-222-0002-000/6
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29 E. The conditions set forth in Part B are an integral non severable part of the site plan
3o approval granted by Resolution No.08-017. If any condition set forth in Part B is
31 determined to be invalid or unenforceable for any reason and the developer declines to
32 comply voluntarily with that condition, this development order extension approval
33 granted by this resolution shall become null and void.
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File No.: BCC 820104131 PDS Order No. 10-022
November 30, 2010 Page 3
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z F. This order shall be recorded in the Public Records of St. Lucie County.
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4 ORDER effective the 30th day of November, 2010.
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6 PLANNING & DEVELOPMENT SERVICES DIRECTOR
7 ST. LUCIE COUNTY, FLORIDA
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11 BY
12 Mark Sa erlee, ICP
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14 APPROVED AS TO FORM AND CORRECTNESS:
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19 County Attorne
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File No.: BCC 820104131 PDS Order No. 10-022
November 30, 2010 Page 4