HomeMy WebLinkAboutGM-10-002 - Tailers' Cove - PUD - SB 360 Extension 1 GM-10-002
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s AN ORDER GRANTING A TWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY THE COMMUNITY RENEWAL
~ ACT TO THE SCHEDULED EXPIRATION DATE TO THE
a PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT
9 SITE PLAN 12 MONTH EXTENSION FOR THE PROJECT TO
to BE KNOWN AS TAILERS' COVE -PUD.
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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 Tailers' Cove Development, LLC and has made the
is following determinations:
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17 1. On, May 19, 2008, the St. Lucie County Board of County Commissioners granted
is approval, through Resolution No. 08-151, to the petition of Tailers' Cove Development,
19 LLC, for the Planned Unit Development Site Plan 12 Month Extension approval for the
20 project to be known as Tailers' Cove -PUD, on property located on the west side of
21 State Road A-1-A, South Hutchinson Island, directly across from the Atlantis and
22 Claridge-by-the-Sea Condominiums, and more particularly described in Part D below.
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24 2. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 2009-96,
25 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
2a 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
3o 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
3s Growth Management staff and found not to be in significant noncompliance with the
39 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.: BCC 420081462 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT GM Order 10-002
January 22, 2010 SAINT LUCIE COUNTY a ORD Page 1
FILE # 3439373 02!08!2010 at 1660 D TYP
OR BOOK 3169 PAGE 1658 -
RECORDING: $27.00
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.
s 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 Planned Unit
17 Development Site Plan 12- Month Extension approval for the project to be known as
is Tailers' Cover - PUD has been found to be eligible for and consistent with the provisions
19 contained in Section 14 of SB 360 such that the approval granted under that Resolution
2 o is extended for two years from its date of scheduled expiration, June 20, 2009 and shall
21 now expire June 20, 2011.
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23 B. All terms and conditions of Resolution No. 08-151, 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 2/11-37-41 FROM NW COR GOV LOT 1SEC 11 RUN N 89 DEG 30 MIN W 57
33 FT TO SE COR TRACT G, TH N 22 DEG26 MIN W ALG ELY LI TRACT G 712.8
34 FT TO N LI TRACT G, TH N 89DEG 53 MIN W TO W RM/ A1A FOR POB, TH
35 CONT W ON SAME BEARING TOIND RIV, TH MEANDER SHORE S ELY TO
36 PT 400 FT DUE S OF N LI OF TRACT G, TH E TO W R/W A1A, TH N WLY ALG
37 W R/W 433.11 FT M/L TO POB (OR 2022-554). (Tax ID#: 4502-801-0008-
3 s 000/8)
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40 (Location: West side of South SR A-1-A, directly across from the Atlantis
41 Condominiums and Claridge-by-the-Sea Condominium)
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43 E. The conditions set forth in Part B are an integral non severable part of the site plan
44 approval granted by Resolution No. 08-151. If any condition set forth in Part B is
45 determined to be invalid or unenforceable for any reason and the developer declines to
File No.: BCC 420081462 GM Order 10-002
January 22, 2010 Page 2
1 comply voluntarily with that condition, this development order extension approval
2 granted by this resolution shall become null. and void.
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4 F. The St. Lucie County Growth Management Director is hereby authorized and directed to
5 cause notation of this Order to be made on the Official Zoning Map of St. Lucie County
6 Florida and to make notation of reference to the date of adoption of this Resolution.
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s G. This order shall be recorded in the Public Records of St. Lucie County.
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to ORDER effective the 22"d day of January, 2010.
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12 GROWTH MANAGEMENT DIRECTOR
13 ST. LUCIE COUNTY, FLORIDA
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17 BY
18 Mark Satt ee, A CP
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2 o APPROVED AS TO FORM
21 AND CORRECTNESS:
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26 County Attor ey
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42 G:\Planning\PROJECT FILES\Tailers' Cove PUD\1st 12 Mth Ext. BCC 420081462\SB 360\GMOrder 01-002.S6360.docX
File No.: BCC 420081462 GM Order 10-002
January 22, 2010 Page 3