HomeMy WebLinkAboutPDS-10-026 - Noble Oaks Estates Subdivision - SB 1752 Extension 1 PDS NO. 10-026
2 (File No. BCC 1020104150)
3
4
5 AN ORDER GRANTING A TWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY SENATE BILL 1752 TO THE
~ SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY
8 APPROVED MAJOR SITE PLAN FOR THE PROJECT
9 KNOWN AS NOBLE OAKS ESTATES SUBDIVISION.
io
ii WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
ia the request for development order extension timely submitted and in accordance with the
i3 provisions of Senate Bill 1752 on behalf of Aurelio and Maria Pereira and has made the
i4 following determinations:
15
i6 1. On, October 10, 2006, the St. Lucie County Board of County Commissioners granted
i~ approval, through Resolution No. 06-227, to the petition of Aurelio and Maria Pereira, for
is the Major Site Plan approval for the project known as Noble Oaks Estates Subdivision,
i9 on property located on the east side of South 25th Street, approximately 320 feet south
zo of Midway Road, and more particularly described in Part D below.
ai
aa 2. On, May 28, 2010, Florida Governor Charlie Crist, signed into law, Chapter 2010-147,
z3 Laws of Florida, more commonly known as the "Jobs for Florida" Bill (the "Bill").
24
zs 3. The Bill provides that in recognition of the 2009 real estate market conditions, any local
a 6 government issued development order or permit that has an expiration date of
a~ September 1, 2008 through January 1, 2012, may be eligible to be extended and
as renewed for a period of two (2) years following its date of expiration.
29
3 0 4. The Bill further provides that the request for statutory extension must be timely made in
3 i writing by December 31, 2010; identify the specific authorization for which the extension
3a is requested, the intended use of the extension and the anticipated time frame for acting
33 on the authorization.
34
35 5. Further, pursuant to the Bill, the request for statutory extension must be reviewed by
36 Planning and Development Services staff and found not to be in significant
3~ noncompliance with the original St. Lucie County development order granting approval.
38
39 6. This extension is granted pursuant to Chapter 2010-147, and St. Lucie County Board of
4o County Commissioners' good faith interpretation of SB 1752. By accepting this
4i extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
4a competent jurisdiction determines that the extension granted by St. Lucie County were
43 not legally granted or in the event that the extension is subsequently revoked based on a
44 constitutional challenge.
45
File No.: BCC 1020104150 ~OSEPH E. SMITH, CLERK OF THE CIRCUIT COURT PDS Order No. 10-026
December 3, 2010 SAINT LUCIE COUNTY Page 1
FILE # 3541848 12/10/201D at 11:11 AM
OR BOOK 3252 PAGE 2569 - 2571 Doc Type: ORD
RECORDING: $27.00
i 7. This statutory extension is exclusive of and runs concurrently with any request for
a approval extension that may be provided by the St Lucie County Land Development
3 Code. Any Land Development Code extension must be applied for, reviewed and
4 approved in accordance with the provisions of the Land Development Code.
5
6 NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
~ Services Director for County Commissioners of St. Lucie County, Florida:
s
9 A. Pursuant to the provisions of the "Jobs for Florida" Bill of 2010, the Major Site Plan
io approval for the project known as Noble Oaks Estates Subdivision has been found to be
11 eligible for and consistent with the provisions contained in Section 46 of SB 1752 such
la that the approval granted under GM-09-029 subsequent to SB 360 is extended for two
i3 years and that was scheduled to expire on October 10, 2010 shall now expire on
i4 October 10, 2012.
15
16 B. All terms and conditions of Resolution No. 06-227, shall continue to remain in full force
i~ and effect unless otherwise amended.
is
i9 C. In the event that court determines that the Bill is unconstitutional, the extension granted
ao by this order shall become null and void.
ai
aa D. The property on which this development order extension is being granted is described as
23 follows:
24
as 4 36 40 S 340 FT OF N 1/2 OF NW 1/4 OF SW 1/4 LESS S 10 FT AND LESS HAWLEY
z6 RD R/W AND LESS AS IN OR 628-238- AND LAND ABUTTING SAME ON E TO RIV
a ~ (9.43 AC)(OR 1739-1723)
as
a9 Property Tax I.D. # 3404-312-0001-000/4
30
3 i (Location: East side of South 25th Street, approximately 320 feet south of Midway Road)
32
33 E. The conditions set forth in Part B are an integral non severable part of the site plan
34 approval granted by Resolution No. 06-227. If any condition set forth in Part B is
35 determined to be invalid or unenforceable for any reason and the developer declines to
36 comply voluntarily with that condition, this development order extension approval
3~ granted by this resolution shall become null and void.
38
File No.: BCC 1020104150 PDS Order No. 10-026
December 3, 2010 Page 2
1
z F. This order shall be recorded in the Public Records of St. Lucie County.
3
4 ORDER effective the 3~d day of December, 2010.
5
6 PLANNING & DEVELOPMENT SERVICES DIRECTOR
~ ST. LUCIE COUNTY, FLORIDA
s
10
9 ~~~~i~~~~(/~
11 BY
12 Mark Satterlee, AICP
13
14 APPROVED AS TO FORM AND CORRECTNESS:
15 ,r
16 ~ /
17 i
18 ~
19 County Att n
ao
zi ~
aa
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 LAP
44 G:\Planning\PROJECT FILES\Noble Oaks Estates BCC 1020104150
File No.: BCC 1020104150 PDS Order No. 10-026
December 3, 2010 Page 3