HomeMy WebLinkAboutPDS-10-035 - South Island Plantation - SB 1752 Extension 1 PDS NO. 10-035
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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
s APPROVED MINOR SITE PLAN FOR THE PROJECT
9 KNOWN AS SOUTH ISLAND PLANTATION.
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ii WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
la the request for development order extension timely submitted and in accordance with the
i3 provisions of Senate Bill 1752 on behalf of Repechage Development, Inc. and Preferred
i4 Properties of St. Lucie, LLC and has made the following determinations:
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i6 1. On, November 16, 2007, the Planning and Development Services Director granted
1~ approval, through GM Order No. 07-021, to the petition of Repechage Development, Inc.
ia and Preferred Properties of St. Lucie, LLC, for the Minor Site Plan approval for the
19 project known as South Island Plantation, on property located on the west side of South
ao Ocean Drive, opposite the Islandia l and II Condominiums, and more particularly
z i described in Part D below.
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a3 2. On, May 28, 2010, Florida Governor Charlie Crist, signed into law, Chapter 2010-147,
a4 Laws of Florida, more commonly known as the "Jobs for Florida" Bill (the "Bill").
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a6 3. The Bill provides that in recognition of the 2009 real estate market conditions, any local
2~ government issued development order or permit that has an expiration date of
as September 1, 2008 through January 1, 2012, may be eligible to be extended and
a 9 renewed for a period of two (2) years following its date of expiration.
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3 i 4. The Bill further provides that the request for statutory extension must be timely made in
3a writing by December 31, 2010; identify the specific authorization for which the extension
33 is requested, the intended use of the extension and the anticipated time frame for acting
34 on the authorization.
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36 5. Further, pursuant to the Bill, the request for statutory extension must be reviewed by
3~ Planning and Development Services staff and found not to be in significant
3s noncompliance with the original St. Lucie County development order granting approval.
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40 6. This extension is granted pursuant to Chapter 2010-147, and St. Lucie County Board of
41 County Commissioners' good faith interpretation of SB 1752. By accepting this
42 extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
43 competent jurisdiction determines that the extension granted by St. Lucie County were
44 not legally granted or in the event that the e~ension is subsequently revoked based on a
45 constitutional challenge.
File No.: BCC 1220104207 PDS Order No. 10-035
December 16, 2010 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1
SAINT LUCIE COUNTY
FILE # 3544940 12/22/2010 at 01:35 PM
OR BOOK 3255 PAGE 1466 - 1468 Doc Type: ORD
RECORDING: $27.00
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a 7. This statutory extension is exclusive of and runs concurrently with any request for
3 approval extension that may be provided by the St Lucie County Land Development
4 Code. Any Land Development Code extension must be applied for, reviewed and
s approved in accordance with the provisions of the Land Development Code.
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~ NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
a Services Director for County Commissioners of St. Lucie County, Florida:
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io A. Pursuant to the provisions of the "Jobs for Florida" Bill of 2010, the Minor Site Plan
11 approval for the project known as South Island Plantation has been found to be eligible
ia for and consistent with the provisions contained in Section 46 of SB 1752 such that the
13 approval granted under GM 10-004 subsequent to SB 360 is extended for two years and
14 that was scheduled to expire on October 31, 2011 shall now expire on October 31, 2013.
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i6 B. All terms and conditions of GM Order No. 07-021, shall continue to remain in full force
l~ and effect unless otherwise amended.
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i9 C. In the event that the Bill is determined to be unconstitutional, the extension granted by
a o this order shall become null and void.
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za D. The property on which this development order extension is being granted is described as
23 follows:
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as For a point of reference, Begin at the intersection of the North line of Section 2,
26 Township 37 South, Range 41 East with the West right-of-way line of State Road A-1-A
a ~ (a 100' right-of-way); said point lying on a curve concave to the East, a radial to said
as point bears S70 ° 07' 34"W; From the Point Of Beginning, run Southeasterly along the
a 9 arc of said curve, having a radius of 11,615.78 feet and a central angle of 00°47'34", an
3 o arc distance of 160.75 feet; thence run S68 ° 45' 47"W, a distance of 122.64 feet; thence
31 run S21°14'13"E, a distance of 139.00 feet; thence run S68°45'47"W, a distance of 65.00
3a feet; thence run S21°14'13"E, a distance of 46.00 feet; thence run S68 ° 45' 47"W, a
33 distance of 398.97 feet; thence run N08 °26' 56"W, a distance of 19.21 feet; thence run
34 N17° 46' 49"W, a distance of 105.55 feet; thence run N47°24'36"W, a distance of 109.11
35 feet; thence run N35°33' 27"W, a distance of 144.35 feet; thence run N10°15'10"E, a
36 distance of 142.52 feet; thence run N31°05'38"W, a distance of 103.61 feet to a point on
3~ the North line of Section 2; thence run S89°38'43"E, a distance of 651.55 feet to the
3s Point Of Beginning.
39 Containing 5.96 acres more or less
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41 Property Tax I. D. # 4502-212-0001-010/4, 4502-212-0001-050/6, 4502-212-0001-070/2,
42 4502-212-0001-000/1.
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44 (Location: West side of South Ocean Drive, approximately one-half mile north of Nettles
45 Boulevard, on South Hutchinson Island.)
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File No.: BCC 1220104207 PDS Order No. 10-035
December 16, 2010 Page 2
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a E. The conditions set forth in Part B are an integral non severable part of the site plan
3 approval granted by GM Order No. 07-021. If any condition set forth in Part B is
4 determined to be invalid or unenforceable for any reason and the developer declines to
5 comply voluntarily with that condition, this development order extension approval
6 granted by this development order shall become null and void.
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s F. This order shall be recorded in the Public Records of St. Lucie County.
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io ORDER effective the 16th day of December, 2010.
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12 PLANNING & DEVELOPMENT SERVICES DIRECTOR
13 ST. LUCIE COUNTY, FLORIDA
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17 BY
18 Mark Satt ee, Aa P
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20 A~PROVE AS TO FORM AND CORRECTNESS:
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48 G:\Planning\PROJECT FILES\South Island Plantation BCC 1220104207
File No.: BCC 1220104207 PDS Order No. 10-035
December 16, 2010 Page 3