HomeMy WebLinkAboutPDS-10-013 - Summer Wind - SB 1752 Extensions
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1 PDS ORDER NO. 10-013
2 (File No. BCC720104079)
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s AN ORDER GRANTING A TWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY SENATE BILL 1752 TO THE
7 SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY
s APPROVED MINOR SITE PLAN FOR THE PROJECT TO BE
9 KNOWN AS SUMMER WIND.
to
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12 WHEREAS, the St. Lucie County Planning and Development Services Director has
13 reviewed the request for development order extension timely submitted and in
14 accordance with the provisions of Senate Bill 1752 on behalf of G and G/Aqua III, LLC,
is and has made the following determinations:
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17 1. On, June 8, 2009, the St. Lucie County Planning and Development Services
18 Director granted approval, through Resolution 09-002, to the petition of G and
19 G/Aqua III, LLC, for the Minor Site Plan approval for the project to be known as
20 Summer Wind, on property located on 6600 North Highway A-1-A, St. Lucie
21 County in the HIRD (Hutchinson Island Residential District) Zoning District, and
22 more particularly described in Part D below.
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24 2. On, May 28, 2010, Florida Governor Charlie Crist, signed into law, Chapter 2010-
25 147, Laws of Florida, more commonly known as the "Jobs for Florida" Bill (the
26 "8111").
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2s 3. The Bill 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.
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34 4. The Bill further provides that the request for statutory extension must be timely
35 made in writing by December 31, 2010; 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.
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39 5. Further, pursuant to the Bill, the request for statutory extension must be reviewed
4o by Planning and Development Services staff and found not to be in significant
41 noncompliance with the original St. Lucie County development order granting
42 approval and that any extension granted pursuant to the Bill, is the result of the
File No.: BCC 720104079 PDS Order No. 10-013
August 30, 2010 Page 1
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3516819 09/21/2010 at 10:30 AM
OR BOOK 3231 PAGE 1495 - 1497 Doc Type: ORD
RECORDING: $27.00
1 I St. Lucie County Board of County Commissioners' good faith interpretation of the
2 Bill.
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4 6. 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
6 Development Code. Any Land Development Code extension must be applied
~ for, reviewed and approved in accordance with the provisions of the Land
8 Development Code.
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to NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and
11 Development Services Director for County Commissioners of St. Lucie County, Florida:
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13 A. Pursuant to the provisions of the "Jobs for Florida" Bill of 2010, the Minor Site
14 Plan approval for the project known as Summer Wind has been found to be
15 eligible for and consistent with the provisions contained in Section 46 of SB 1752
is such that the approval granted under that Resolution is extended for two years
1~ and shall now expire June 8, 2013.
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19 B. All terms and conditions of GM Order No. 09-002, shall continue to remain in full
2 o force and effect unless otherwise amended.
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22 C. In the event that court determines that the Bill is unconstitutional, the extension
23 granted by this order shall become null and void.
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25 D. The property on which this development order extension is being granted is
26 described as follows:
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2g THE SOUTH 150 FEET OF THE NORTH 450 FEET OF GOVERNMENT LOT 4 LYING EAST OF
29 FLORIDA STATE ROAD A-1-A, SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST,
3o TOGETHER WITH ALL LITTORAL RIGHTS THEREUNTO APPEARING.
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3 2 Parcel I D#: 1403-130-0001-000/7
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34 (Location: 6600 North Highway A1A)
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36 E. The conditions set forth in Part 6 are an integral non severable part of the site
3~ plan approval granted by GM Order No. 09-002. If any condition set forth in Part
3s B is determined to be invalid or unenforceable for any reason and the developer
39 declines to comply voluntarily with that condition, this development order
4o extension approval granted by this resolution shall become null and void.
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42 F. The St. Lucie County Planning and Development Services Director is hereby
43 authorized and directed to cause notation of this Order to be made on the Official
44 Zoning Map of St. Lucie County Florida and to make notation of reference to the
File No.: BCC 720104079 PDS Order No. 10-013
August 30, 2010 Page 2
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date of adoption of this Resolution.
G. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 30th day of August, 2010.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Mark Sa rlee, AICP
Lap
G:\Planning\PROJECT FILES\Summervvind BCC 720104079
File No.: BCC 720104079
August 30, 2010
PDS Order No. 10-013
Page 3
APPROVED AS TO FORM
AND CORRECTNESS: