HomeMy WebLinkAboutGM-10-006 - Sunset Beach - PUD - SB 360 Extension 1 GM-10-006
2 (File No. PUD 06-023)
3
4
s AN ORDER GRANTING A TWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY THE COMMUNITY RENEWAL
~ ACT TO THE SCHEDULED EXPIRATION DATE TO THE
s PREVIOUSLY APPROVED PRELIMINARY PLANNED UNIT
9 DEVELOPMENT SITE PLAN FOR THE PROJECT TO BE
io KNOWN AS SUNSET BEACH -PUD.
12 WHEREAS, the St. Lucie County Growth Management Director has reviewed the
13 request for Development Order extension timely submitted and in accordance with the
14 provisions of The Community Renewal Act on behalf of Sunset Beach Investments, LLC
is and has made the following determinations:
16
1~ 1. On, June 2, 2009, the St. Lucie County Board of County Commissioners granted
is approval, through Resolution No. 09-026, to the petition of Sunset Beach
19 Investments, LLC, for the Preliminary Planned Unit Development Site Plan
20 approval for the project to be known as Sunset Beach-PUD, on property located
21 on the east side of South Ocean Drive, approximately 1,700 feet north of the
22 Middle Cove Beach access, and more particularly described in Part D below.
23
24 2. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 2009-
25 96, Laws of Florida, more commonly known as the "Community Renewal Act"
26 (the "ACT").
27
28 3. The Act provides that in recognition of the 2009 real estate market conditions,
29 any local government issued development order or permit that has an expiration
3 o date of September 1, 2008 through January 1, 2012, may be eligible to be
31 extended and renewed for a period of two (2) years following its date of
32 expiration.
33
34 4. The Act further provides that the request for statutory extension must be timely
35 made in writing by December 31, 2009; identify the specific authorization for
36 which the extension is requested, the intended use of the extension and the
37 anticipated time frame for acting on the authorization.
38
39 5. Further, pursuant to the Act, the request for statutory extension must be reviewed
4o by Growth Management staff and found not to be in significant noncompliance
File No.: PUD 06-023 ~OgEPH E. SMITH, CLERK OF THE CIRCUIT COURT GM Order 10-006
January 26, 2010 Page 1
SAINT LUCIE COUNTY
FILE # 3439437 02I08I2010 a1 10'.833 D Type: ORD
RECORDING' $2
ApOE 1782 -
~ with the original St. Lucie County development order granting approval.
z
3 6. Any extension granted pursuant to the Act, is the result of the St. Lucie County
4 Board of County Commissioners' good faith interpretation of the Act. By
5 accepting this extension, the applicant acknowledges that there are portions of
6 the Act that are ambiguous, and that there are contrary interpretations of the Act.
~ The applicant also acknowledges that the constitutionality of the Act has been
8 challenged. Accordingly, by accepting this extension, the applicant agrees to
9 hold St. Lucie County harmless in the event a court of competent jurisdiction
io 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 the
12 constitutional challenge to the Act.
13
~4 7. This statutory extension is exclusive of and runs concurrently with any request for
i5 approval extension that may be provided by the St Lucie County Land
~6 Development Code. Any Land Development Code extension must be applied for,
reviewed and approved in accordance with the provisions of the Land
18 Development Code.
19
20 NOW, THEREFORE, BE IT ORDERED by the St. Lucie county Growth Management
21 Director for County Commissioners of St. Lucie County, Florida:
22
23 A. Pursuant to the provisions of the "Community Renewal Act" of 2009, the
24 Preliminary Planned Unit Development Site Plan approval for the project to be
25 known as Sunset Beach-PUD has been found to be eligible for and consistent
26 with the provisions contained in Section 14 of SB 360 such that the approval
27 granted under that Resolution No. 09-026 is extended for two years from its
28 scheduled expiration date of June 2, 2011 and shall now expire June 2, 2013.
29
3o B. All terms and conditions of Resolution No. 09-026, shall continue to remain in full
3~ force and effect unless otherwise amended.
32
33 C. In the event that a court determines that the Act is unconstitutional, the extension
34 granted by this order shall become null and void.
35
36 D. The property on which this development order extension is being granted is
37 described as follows:
38
39 GOVERNMENT LOT 2, LESS THE NORTH 938.84 FEET AND LESS THE
4o RIGHT OF WAY OF STATE ROAD A-1-A; AND GOVERNMENT LOT 3, LESS
41 THE RIGHT OF WAY OF STATE ROAD A-1-A, SECTION 29, TOWNSHIP 35S,
42 RANGE 41 E, ST. LUCIE COUNTY, FLORIDA.
File No.: PUD 06-023 GM Order 10-006
January 26, 2010 Page 2
7
1 Parcel ID# 2529-233-0002-000/0
2
3 LOCATION: On the east side of South Ocean Drive on South Hutchinson Island,
4 1700 ft north of Middle Cove Beach access.
5
6 E. The conditions set forth in Part B are an integral non severable part of the site
7 plan approval granted by Resolution No. 09-026. If any condition set forth in Part
8 B is determined to be invalid or unenforceable for any reason and the developer
9 declines to comply voluntarily with that condition, this development order
to extension approval granted by this resolution shall become null and void.
11
12 F. The St. Lucie County Growth Management Director is hereby authorized and
13 directed to cause notation of this Order to be made on the Official Zoning Map of
14 St. Lucie County Florida and to make notation of reference to the date of
15 adoption of this Resolution.
16
17 G. This order shall be recorded in the Public Records of St. Lucie County.
18
19 ORDER effective the 26th day of January, 2010..
20
21 GROWTH MANAGEMENT DIRECTOR
22 ST. LUCIE COUNTY, FLORIDA
23
24
25
2 6 BY
27 Mark Satt rlee, P
28
29 APPROVED AS TO FORM
3o AND CORRECTNESS:
31
32
33
34
35 County Att y
36
37
3 8 LAP
3 9 G:\Planning\PROJECT FILES\Sunset Beach\S6360\GMOrder 10-006.SB360.docX
File No.: PUD 06-023 GM Order 10-006
January 26, 2010 Page 3