HomeMy WebLinkAboutPDS-10-030 - Estanca PUD - SB 1752 Extension1
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PDS NO. 10-030
(File No. BCC 1120104197)
AN ORDER GRANTING A TWO-YEAR STATUTORY
EXTENSION PROVIDED BY SENATE BILL 1752 TO THE
SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY
APPROVED PLANNED UNIT DEVELOPMENT SITE PLAN
FOR THE PROJECT KNOWN AS ESTANCA 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 Senate Bill 1752 on behalf of Estancia Fort Pierce, LLC and has made the
following determinations:
1. On, November 20, 2007, the St. Lucie County Board of County Commissioners granted
approval, through Resolution No. 07-129, to the petition of Lotux Investments, LLC, for
the Planned Unit Development Site Plan approval for the project known as Estanca
PUD, on property located on the west side of South 25th Street approximately 0.25 miles
north of Edwards Road and 0.25 miles south of Cortez Boulevard, 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
not legally granted or in the event that the extension is subsequently revoked based on a
File No.: BCC 1 1 201 041 97 PDS Order No. 10-030
December 3, 2010 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1
SAINT LUCIE COUNTY
FILE # 3541820 12/10/2010 at 11:05 AM
OR BOOK 3252 PAGE 2467 - 2469 Doc Type: ORD
RECORDING: $27.00
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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 Planned Unit
Development Site Plan approval for the project known as Estancia PUD 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 GM-09-027 subsequent to SB 360 is extended for
two years and is scheduled to expire on November 20, 2011 shall now expire on
November 20, 2013.
B. All terms and conditions of Resolution No. 07-129, 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:
A PORTION OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE
1/4) OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST, DESCRIBED AS
FOLLOWS:
The SE'/4 of the NE %4 of the SE %4 of Section 20, Township 35 South, Range 40 East.
LESS AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCELS:
PARCEL A
The East 40.00 feet of the NE '/4 of the SE %4 of the SE '/4 of Section 20, Township 35
South, Range 40 East.
PARCEL B
Begin 242.5 feet East of the NW corner of the SE '/4 of the NE %4 of the SE %4 of Section
20, Township 35 South, Range 40 East; thence run East 217.5 feet; thence run South
235 feet; thence run West 435 feet; thence run North 10 feet thence run East 217.5 feet;
thence run North 225 feet to the Point of Beginning.
PARCEL C
Begin at the NW corner of the SE %4 of the NE '/4 of the SE '/4 of Section 20, Township
35 South, Range 40 East; thence run East 242.5 feet; thence run South 225 feet; thence
run West 242.5 feet; thence run North 225 feet to the Point of Beginning.
TOGETHER WITH
PARCEL 1
The West 161.80 feet of the North 269.44 feet of the NE '/4 of the SE '/4 of the SE % of
File No.: BCC 1120104197
December 3, 2010
PDS Order No. 10-030
Page 2
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Section 20, Township 35 South, Range 40 East.
PARCEL 2
Begin 242.5 feet East of the NW corner of the SE %4 of the NE %4 of the SE % of Section
20, Township 35 South, Range 40 East; thence run East 217.5 feet; thence run South
235 feet; thence run West 435 feet; thence run North 10 feet thence run East 217.5 feet;
thence run North 225 feet to the Point of Beginning.
PARCEL 3
Begin at the NW corner of the SE %4 of the NE '/4 of the SE '/4 of Section 20, Township
35 South, Range 40 East; thence run East 242.5 feet; thence run South 225 feet; thence
run West 242.5 feet; thence run North 225 feet to the Point of Beginning.
The above described lands all being situate in St. Lucie County, Florida.
Parcel ID#'s 2420-414-0003-000/8, 2420-414-0002-000/1, 2420-414-0001-000/4
(Location: West side of 25th Street, approximately 0.25 miles north of Edwards Road and
0.25 miles south of Cortez Boulevard)
E. The conditions set forth in Part B are an integral non severable part of the site plan
approval granted by Resolution No. 07-129. 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.
ORDER effective the 3~d day of December, 2010.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
~_~
BY
Mark Satt ee, CP
Lap
G:\Planning\PROJECT FILES\Estancia BCC1120104197
File No.: BCC 1120104197
December 3, 2010
PDS Order No. 10-030
Page 3
APPROVED AS TO FORM
AND CORRECTNESS: