HomeMy WebLinkAboutPDS-10-021 - Valencia Country Estates - SB 1752 Extension 1 P D S N O. 10-021
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5 AN ORDER GRANTING A TWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY SENATE BILL 1752 TO THE
~ SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY
a APPROVED MAJOR SITE PLAN FOR THE PROJECT
9 KNOWN AS VALENCIA COUNTRY ESTATES.
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1z WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
13 the request for development order extension timely submitted and in accordance with the
14 provisions of Senate Bill 1752 on behalf of Gulfstream Developers, LLC and has made the
15 following determinations:
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1~ 1. On, June 19, 2007 the St. Lucie County Board of County Commissioners granted
1s approval, through Resolution No. 07-128, to the petition of Gulfstream Developers, LLC,
19 for the Major Site Plan approval for the project known as Valencia Country Estates, on
2 o property located on the north side of Orange Avenue, approximately 1 mile west of the
21 Florida Turnpike, and more particularly described in Part D below.
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23 2. On, May 28, 2010, Florida Governor Charlie Crist, signed into law, Chapter 2010-147,
24 Laws of Florida, more commonly known as the "Jobs for Florida" Bill (the "Bill").
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26 3. The Bill provides that in recognition of the 2009 real estate market conditions, any local
2~ government issued development order or permit that has an expiration date of
z a September 1, 2008 through January 1, 2012, may be eligible to be extended and
29 renewed for a period of two (2) years following its date of expiration.
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31 4. The Bill further provides that the request for statutory extension must be timely made in
3z writing by December 31, 2010; identify the specific authorization for which the extension
33 is requested, the intended use of the extension and the anticipated time frame for acting
34 on the authorization.
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36 5. Further, pursuant to the Bill, the request for statutory extension must be reviewed by
3~ Planning and Development Services staff and found not to be in significant
3 s noncompliance with the original St. Lucie County development order granting approval.
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40 6. This extension is granted pursuant to Chapter 2010-147, and St. Lucie County Board of
41 County Commissioners' good faith interpretation of SB 1752. By accepting this
42 extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
43 competent jurisdiction determines that the extension granted by St. Lucie County were
44 not legally granted or in the event that the extension is subsequently revoked based on a
45 constitutional challenge.
File No.: BCC 820104139 PDS Order No. 10-021
November 30, 2010 ~OSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1
SAINT LUCIE COUNTY
FILE # 354pq78 12~~~~2~~0 at 08:36 Wy~
OR BOOK 3251 PAGE 1530 - 1532 Doc Type: ORD
RECORDING: $27.p0
1 7. This statutory extension is exclusive of and runs concurrently with any request for
2 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.
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6 NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
~ Services Director for County Commissioners of St. Lucie County, Florida:
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9 A. Pursuant to the provisions of the "Jobs for Florida" Bill of 2010, the Major Site Plan
1o approval for the project known as Valencia Country Estates has been found to be
11 eligible for and consistent with the provisions contained in Section 46 of SB 1752 such
12 that the approval granted under GM-09-026 subsequent to SB 360 is extended for two
13 years and is scheduled to expire on June 19, 2011 shall now expire on June 19, 2013.
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15 B. All terms and conditions of Resolution No. 07-128, shall continue to remain in full force
16 and effect unless otherwise amended.
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1a C. In the event that court determines that the Bill is unconstitutional, the extension granted
19 by this order shall become null and void.
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21 D. The property on which this development order extension is being granted is described as
22 follows:
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24 THE WEST 688.87 FEET OF THE NORTHWEST'/a OF SECTION 9, TOWNSHIP 35 SOUTH,
25 RANGE 39 EAST, ST. LUCIE COUNTY FLORIDA; LESS CANAL RIGHT-OF-WAY; ALSO
26 LESS THE RIGHT-OF-WAY FOR ORANGE AVENUE AS RECORDED IN PLAT BOOK 22,
27 PAGE 16, PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA; AND ALSO LESS THE
28 EAST 150.00 FEET OF THE WEST 192.50 FEET OF THE SOUTH 478.00 FEET OF THE
29 NORTHWEST ~/a OF SAID SECTION 9; ALL LYING AND BEING IN SECTION 9, TOWNSHIP
30 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA
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32 AND
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34 THE WEST'/~ OF THE NORTHWEST'/a OF SECTION 9, TOWNSHIP 35 SOUTH, RANGE 39
35 EAST, ST. LUCIE COUNTY, FLORIDA; LESS THE RIGHT-OF-WAY FOR ORANGE
36 AVENUE AS RECORDED IN PLAT BOOK 22, PAGE i6, PUBLIC RECORDS OF ST. LUCIE
37 COUNTY, FLORIDA; AND ALSO LESS THE WEST 688.87 FEET THEREOF; AND ALSO
38 LESS THE EAST 163.67 FEET THEREOF; ALL LYING AND BEING IN SECTION 9,
39 TOWNSHIP 35, SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA
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41 (PROPERTY TAX I.D. NUMBERS: 2309-221-0000-000/3 AND 2309-220-0000-000/0)
42 (Location: North side of Orange Avenue, approximately one (1) mile west of the
43 Florida Turnpike.
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45 E. The conditions set forth in Part B are an integral non severable part of the site plan
46 approval granted by Resolution No.07-128. If any condition set forth in Part B is
4~ determined to be invalid or unenforceable for any reason and the developer declines to
48 comply voluntarily with that condition, this development order extension approval
49 granted by this resolution shall become null and void.
File No.: BCC 820104139 PDS Order No. 10-021
November 30, 2010 Page 2
1 F. This order shall be recorded in the Public Records of St. Lucie County.
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3 ORDER effective the 30th day of November, 2010.
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6 PLANNING & DEVELOPMENT SERVICES DIRECTOR
~ ST. LUCIE COUNTY, FLORIDA
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11 BY
12 Mark Satterl e, A
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15 APPROVED AS TO FORM
16 AND CORRECTNESS:
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z 1 C unty Attor y
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40 G:\Planning\PROJECT FILES\Valencia Country Estates\Valencia Country Estates (SB1752) BCC 82104139\PDS
41 Order
File No.: BCC 820104139 PDS Order No. 10-021
November 30, 2010 Page 3