HomeMy WebLinkAboutPDS-12-003 - Shinn Road 251 PUD - Chapter 2011-139 ExtensionJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3664961 01/13/2012 ai 02:11 PM
OR BOOK 3355 PAGE 269 - 274 Doc Type: ORD
RECORDING: $52.50
PDS NO. 12-003
(File No. BCC 1120114367)
AN ORDER GRANTING THE FOLLOWING STATUTORY
EXTENSION PROVIDED BY CHAPTER 2011-139, LAWS OF
FLORIDA AND SECTION 252.363 FLORIDA STATUTES TO
THE SCHEDULED EXPIRATION DATE TO THE
PREVIOUSLY APPROVED PRELIMINARY PLANNED UNIT
DEVELOPMENT SITE PLAN FOR THE PROJECT KNOWN
AS SHINN ROAD 251 PUD.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
the request for development order extension timely submitted and in accordance with the
provisions of Chapter 2011-139, Laws of Florida on behalf of S/Shinn Road Property, Ltd., and
has made the following determinations:
On, February 2, 2010, the St. Lucie County Board of County Commissioners granted
approval through Resolution No. 10-027 to the petition of Dennis O'Shea of Stiles
Development for the Preliminary Planned Unit Development Site Plan approval for the
project known as Shinn Road 251 PUD, on property located on the northeast corner of
Shinn Road and Okeechobee Road and more particularly described in Part D below.
2. On, June 13, 2011, Florida Governor Rick Scott, issued Executive Order (EO) No. 11-
128 (as extended by EO Nos. 11-172 and 11-202) declaring a State of Emergency for
Florida due to significant drought and wildfire conditions.
3. Section 252.363 Florida Statutes provides that any local government issued
development order or permit may be extended from the period remaining for the duration
of the emergency declaration plus six months.
4. The Act requires that a specific written notice be filed with the issuing authority within
ninety days after the termination of the declaration of emergency. The deadline to file
the requisite Notice is February 1, 2012.
5. On, July 1, 2011, Florida Governor Rick Scott, signed into law, Chapter 2011-139, Laws
of Florida, more commonly known as the "Community Planning Act" Bill (the "Bill").
6. The Bill provides that any local government issued development order or permit that was
extended under Section 14 of Chapter 2009-96, Laws of Florida, as reauthorized by
Section 46 of Chapter 2010-147, Laws of Florida, may be eligible to be extended and
renewed for an additional period of two years after its previously scheduled expiration
date and shall not be extended beyond a total of four years.
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7. The Bill provides that in recognition of the 2011 real estate market conditions, any local
government issued development order or permit that has an expiration date of January
1, 2012 through January 1, 2014, may be eligible to be extended and renewed for a
period of two (2) years following its date of expiration.
8. The Bill further provides that the request for statutory extension must be timely made in
writing by December 31, 2011; 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.
9. Further, pursuant to the Bill, 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.
10. The applicant applied for an extension on November 28, 2011.
11. This extension is granted pursuant to Chapter 2011-139, and St. Lucie County Board of
County Commissioners' good faith interpretation of the Bill. By accepting this extension,
the applicant agrees to hold St. Lucie County harmless in the event a court of competent
jurisdiction determines that the extension granted by St. Lucie County were not legally
granted or in the event that the extension is subsequently revoked based on a
constitutional challenge.
12. This statutory extension is exclusive of and runs concurrently with any request for
approval extension that may be provided by the St Lucie County Land Development
Code. Any Land Development Code extension must be applied for, reviewed and
approved in accordance with the provisions of the Land Development Code.
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director:
A. Pursuant to the provisions of the State of Emergency Act and the Community Planning
Act, the Preliminary Planned Unit Development Site Plan approval for the project known
as Shinn Road 251 PUD has been found to be eligible for an additional extension such
that the approval granted under Resolution No.10-027 is extended for two years, ten
months, and twenty-two days and is now scheduled to expire December 24, 2014.
B. All terms and conditions of Resolution No. 10-027, shall continue to remain in full force
and effect unless otherwise amended.
C. In the event that a court determines that the Bill 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:
LEGAL DESCRIPTION:
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PARCEL 1:
FROM THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP
35 SOUTH, RANGE 39 EAST, RUN NORTH ALONG SECTION LINE 1,108 FEET AND THEN
WEST 30 FEET FOR POINT OF BEGINNING; THENCE NORTH 0°17' EAST PARALLEL TO
THE EAST SECTION LINE 903.7 FEET; THENCE NORTH 61°33' WEST 10$.8 FEET;
THENCE NORTH 47°32' WEST 605.4 FEET; THENCE NORTH 64°43' WEST 179.6 FEET;
THENCE SOUTH 89°4T WEST 456.7 FEET TO A POINT WHICH tS 1,478 FEET EAST OF
WEST UNE OF THE NORTHEAST 1/4 OF SECTION 31; THENCE SOUTH 0°09' WEST
PARALLEL WITH AND 1,47$ FEET EAST OF SAID WEST LINE OF THE NORTHEAST 1/4 A
DISTANCE OF 1,443.6 FEET TO A POINT WHICH IS 1,,10$ FEET NORTH OF THE SOUTH
LINE OF SAID NORTHEAST 114 SECTION 31; THENCE NORTH 89°47' EAST 1,160.94 FEET
TO POINT OF BEGINNING; AND EAST 1,448 FEET OF THE WEST 1,478 FEET OF THE
NORTHEAST 1/4 LESS THE NORTH 84 FEET AND LESS THE SOUTH 43 FEET AND LESS
THE WEST 33 FEET, ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA.
PARCEL 2:
THAT PART OF THE EAST 1,103 FEET OF THE EAST ONE-HALF OF THE SOUTHEAST
QUARTER OF SECTION 31, TOWNSHIP 35 SOUTH, RANGE 39 EAST LYING NORTH AND
WEST OF OKEECHOBEE ROAD, LESS AND EXCEPTING THEREFROM THE NORTH 43
FEET FOR CANAL RIGHT-OF-WAY; AND ALSO THE NORTH 1,065 FEET OF THE SOUTH
1,108 FEET OF THE EAST 1,160.94 FEET AND THE WEST 30 FEET OF THE EAST 1,190,94
FEET OF THE NORTH 1,065 FEET OF THE SOUTH 1,108 FEET OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 35 SOUTH,
RANGE 39 EAST, AND ALSO; THE EAST 30 FEET OF THAT PART OF THE NORTHEAST
QUARTER OF SECTION 31, TOWNSHIP 35 SOUTH, RANGE 39 EAST LYING SOUTH OF
CANAL # 71, ALSO KNOWN AS 10 MILE CREEK; ALL LYING AND BEING IN ST. LUCIE
COUNTY, FLORIDA.
PARCEL 3:
THE WEST 1,545.2 FEET OF THE SOUTHEAST 1/4 LYING NORTH AND WEST OF
OKEECHOBEE ROAD OF SECTION 31, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LESS
THE WEST 33 FEET AND LESS THE SOUTH 52.5 FEET, AND LESS THE NORTH 49 FEET,
AND LESS THAT PORTION TAKEN AND DESCRIBED IN OFFICIAL RECORDS BOOK 326,
PAGE 331, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND ALSO LESS THE
PORTION CONVEYED BY WARRANTY DEED TO STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION,RECORDED IN OFFICIAL RECORDS BOOK 1790,PAGE 2797, PUBLIC
RECORDS OF ST.LUCIE COUNTY, FLORIDA.
PARCEL 4:
THAT PART OF THE WEST ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 32,
TOWNSHIP 35 SOUTH, RANGE 39 EAST, LYING WEST AND NORTH OF OKEECHOBEE
ROAD,.--(AS- IT.--NOW-EXISTS}---ALSO--KNOWN-AS--STATE ROAD #- 70, EXCEPTING
THEREFROM THE NORTH 49 FEET FOR CANAL RIGHT-OF-WAY, ALL LYING AND BEING
IN ST. LUCIE COUNTY, FLORIDA.
LESS AND EXCEPTING FROM SAID PARCELS 2 AND 3 THE FOLLOWING DESCRIBED
PROPERTY:
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NOT INCLUDED PARCEL (1 }
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER (1/4)
OF SECTION 31, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA;
THENCE SOUTH 00°07'00" WEST, ALONG THE EAST LINE OF SAID SOUTHEAST ONE-
QUARTER (1/4} OF SECTION 31, A DISTANCE OF 617.75 FEET TO A POINT ON THE
SOUTH LINE OF AFOREMENTIONED PARCEL 2, SAID POINT ALSO BEING ON THE
NORTHWESTERLY RIGHT OF WAY LINE OF STATE ROAD 70 (OKEECHOBEE ROAD) AS
DESCRIBED IN OFFICIAL RECORDS BOOK 1790, PAGE 2797, PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA, AND ALSO BEING A POINT ON THE ARC OF ANON-TANGENT
CURVE, CONCAVE NORTHWESTERLY (SAID POINT BEARS SOUTH 42°34`09"EAST FROM
THE RADIUS POINT OF THE NEXT DESCRIBED CURVE);
THENCE SOUTHWESTERLY ALONG THE SOUTH LINE OF SAID PARCEL 2, SAID
NORTHWESTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE HAVING A
RADIUS OF 7543.44 FEET, A ARC LENGTH OF 32.89 FEET, AND CENTRAL ANGLE OF
00°14'59" TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTHWESTERLY ALONG THE SOUTH LINE OF SAID PARCEL 2,
SAID NORTHWESTERLY RIGHT QF WAY LINE, AND ARC OF SAID CURVE HAVING A
RADIUS OF 7543.44 FEET, AN ARC LENGTH OF 275.91 FEET, AND A CENTRAL ANGLE
OF 02°05'44" TO A POINT OF TANGENCY;
THENCE SOUTH 49°46'35" WEST, ALONG THE SOUTH LINE OF SAID PARCELS 2 AND 3
AND SAID NORTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF ii63.54 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY;
THENCE SOUTHWESTERLY ALONG THE SOUTH LINE OF SAID PARCEL 3, SAIO
NORTHWESTERLY RIGHT OF WAY LINE AND THE ARC QF SAID CURVE HAVING A
RADIUS OF 5869.58 FEET, AN ARC LENGTH OF 503.03 FEET, AND A CENTRAL ANGLE
OF 04°54'37" TO A POINT OF NON-TANGENCY;
THENCE NORTH 48°27'39" EAST, A DISTANCE OF 140.06 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE, HAVING A RADIUS OF 365.00 FEET, A ARC LENGTH OF
213.06 FEET, ANO A CENTRAL ANGLE OF 33°26'39" TO A POINT OF NON-TANGENCY;
THENCE NORTH 46°58'18" EAST, A DISTANCE OF 308.65 FEET;
THENCE NORTH 48°22'30" EAST, A DISTANCE OF 302.95 FEET;
THENCE NORTH 49°46"35" EAST, A DISTANCE OF 1015.02 FEET;
THENCE-NORTM-46°38'07"-EAST; A-DISTANCE OF 410:66 FEET,---_ _ ___ ___.. _. ....
THENCE SOUTH 42°35'06" EAST, A DISTANCE OF 347.75 FEET TO THE POINT OF
BEGINNING;
SAID LANDS SITUATE IN ST. LUCIE COUNTY, FLORIDA.
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AND ALSO LESS AND EXCEPTING FROM SAID PARCELS 2 AND 4 THE FOLLOWING
DESCRIBED PROPERTY:
NOT INCLUDED PARCEL {2}
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER {114)
OF SECT!(ON 31, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA;
THENCE SOUTH 00°07'00" WEST, ALONG THE EAST LINE OF SAID SOUTHEAST ONE-
QUARTER {1/4} OF SECTION 31, A DISTANCE OF 92.90 FEET TO THE POINT OF
BEGINNING;
THENCE NORTH 49°07'10" EAST, A DISTANCE OF 66.80 FEET TO A POINT ON THE
NORTH LINE OF THE AFOREMENTIONED PARCEL 4, SAID POINT ALSO BEING ON THE
SOUTH RIGHT OF WAY OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT
CANAL 82;
THENCE SOUTH 89°47'35" EAST ALONG SAID NORTH LINE OF PARCEL 4 AND SAID
SOUTH RIGHT OF WAY LINE OF CANAL 82, A 13iSTANCE OF 503.75 FEET TO A POINT ON
THE SOUTHERLY LINE OF SAID PARCEL 4, SAID POINT ALSO BEING ON THE
NORTHWESTERLY RIGHT OF WAY LINE OF STATE ROAR 70 {OKEECHOBEE ROAD) AS
DESCRIBED IN OFFICIAL RECORDS BOOK 17~, PAGE 2797, PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA, AND ALSO BEING A POINT ON THE ARC OF ANON-TANGENT
CURVE, CONCAVE NORTHWESTERLY {SAID POINT BEARS SOUTH 48°35'55" EAST
FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE);
THENCE SOUTHWESTERLY ALONG THE SOUTH LINE OF SAID PARCEL 4, SAID
NORTHWESTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, HAVING A
RADIUS OF 7543.44 FEET, AN ARC LENGTH OF 756.71 FEET, AND A CENTRAL ANGLE
OF 05°44'51" TO A POINT OF NON-TANGENCY;
THENCE NORTH 42°35'06" WEST, A DISTANCE OF 395.12 FEET;
THENCE NORTH 49°07`10" EAST, A DISTANCE OF 318.97 FEET TO THE POINT OF
BEGINNING;
SAID LANDS SITUATE IN ST. LUGiE COUNTY, FLORIDA.
ALL SAID LANDS SITUATE IN ST. LUCIE COUNTY, FLORIDA, CONTAINING 231.$2 ACRES,
MORE OR LESS.
{Northeast of the intersection of Shinn Road and Okeechobee Road}
E. The conditions set forth in Part B are an integral non severable part of the site plan
approval granted by Resolution No. 10-027. If any condition set forth in Part B is
determined to be invalid or unenforceable for any reason and the developer declines to
comply voluntarily with that condition, this development order extension approval
granted by this resolution shall become null and void.
F. This order shall be recorded in the Public Records of St. Lucie County.
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This ORDER is effective the 5th day of January, 2012.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Mark Satt rlee, P
APPROVED AS TO FORM
AND CORRECTNESS:
County A
Lap
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