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HomeMy WebLinkAboutPDS-10-027 - Savanna Club - SB 1752 Extension~. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2a 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 PDS NO. 10-027 (File No. BCC 1120104174) AN ORDER GRANTING A TWO-YEAR STATUTORY EXTENSION PROVIDED BY SENATE BILL 1752 TO THE SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY APPROVED AMENDMENT TO THE DEVELOPMENT OF REGIONAL IMPACT KNOWN AS SAVANNA CLUB. 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 Senate Bill 1752 on behalf of Savanna Eagles's Retreat, LLC, and has made the following determinations: 1. On, March 4, 2008, the St. Lucie County Board of County Commissioners granted approval, through Resolution No. 08-002, to the petition of Community Savanna Club Joint Venture, for the seventh amendment to the amended development order to the Development of Regional Impact known as Savanna Club to re-designate the land use from residential to commercial on three lots of land located on the east side of Crabapple Drive, directly north of the Savanna Club golf pro shop and maintenance facility, and more particularly described in Part D below. 2. On, May 28, 2010, Florida Governor Charlie Crist, signed into law, Chapter 2010-147, Laws of Florida, more commonly known as the "Jobs for Florida" Bill (the "Bill"). 3. The Bill provides that in recognition of the 2009 real estate market conditions, any local government issued development order or permit that has an expiration date of September 1, 2008 through January 1, 2012, may be eligible to be extended and renewed for a period of two (2) years following its date of expiration. 4. The Bill further provides that the request for statutory extension must be timely made in writing by December 31, 2010; 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. 5. 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. 6. This extension is granted pursuant to Chapter 2010-147, and St. Lucie County Board of County Commissioners' good faith interpretation of SB 1752. 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 File No.: BCC 1020104147 PDS Order No. 10-027 December 3, 2010 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1 SAINT LUCIE COUNTY FILE # 3541818 12/10/2010 at 11:05 AM OR BOOK 3252 PAGE 2461 - 2463 Doc Type: ORD RECORDING: $27.00 1 2 3 4 5 6 7 a 9 to 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 2a 29 30 31 32 33 34 35 36 37 38 39 40 41 not legally granted or in the event that the extension is subsequently revoked based on a constitutional challenge. 7. 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 for County Commissioners of St. Lucie County, Florida: A. Pursuant to the provisions of the "Jobs for Florida" Bill of 2010, the seventh amendment to the amended development order to the Development of Regional Impact known as Savanna Club has been found to be eligible for and consistent with the provisions contained in Section 46 of SB 1752 such that the approval granted under Resolution No. 08-002 is extended for two years and shall now expire March 4, 2013. B. All terms and conditions of Resolution No. 08-002, shall continue to remain in full force and effect unless otherwise amended. C. In the event that 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: Being all of Lots 1, 2, & 3, Block 67, according to the Plat of Fairways at Savanna Club, as recorded in Plat Book 48, Page 39 of the public records of St. Lucie County, Florida. Amended as block 77 as Recorded in O. R. Book 2354, Page 2599. Parcel ID# 3424-800-0200-000/9, 3424-800-0199-000/8 & 3424-800-0198-000/1 (Location: east side of Crabapple Drive, directly north of the Golf Pro Shop and Maintenance Facility.) E. The conditions set forth in Part B are an integral non severable part of the site plan approval granted by Resolution No. 08-002. 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. File No.: BCC 1020104147 December 3, 2010 PDS Order No. 10-027 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 F. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 3~d day of December, 2010. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY ;/!~~ Mark Satt rlee, AICP Lap G:\Planning\PROJECT FILES\Savanna Club\BCC 1 1 201 041 74 Savanna Club Sale Center File No.: BCC 1020104147 December 3, 2010 PDS Order No. 10-027 Page 3 APPROVED AS TO FORM AND CORRECTNESS: