HomeMy WebLinkAboutPDS-10-041 - Tailers' Cove PUD - SB 1752 Extension JpgEpH E. $l41?T}i. GLERK OF THE GIRCUiT COURT
SAINT LiJG1E Gfli1NTY
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~ PDS NO. 10-041
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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 PLANNED UNIT DEVELOPMENT SITE PLAN
9 FOR THE PROJECT KNOWN AS TAILERS' COVE - PUD.
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ia WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
i3 the request for development order extension timely submitted and in accordance with the
i4 provisions of Senate Bill 1752 on behalf of Tailers' Cove Development, LLC and has made the
is following determinations:
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i~ 1. On, May 19, 2008, the St. Lucie County Board of County Commissioners granted
is approval, through Resolution No. 08-151, to the petition of Tailers' Cove Development,
i9 LLC for the Planned Unit Development Site Plan approval for the project known as
ao Tailers' Cove - PUD, on property Iocated on the west side of State Road A-1-A, South
ai Hutchinson Island, directly across from the Atlantis and Claridge-by-the-Sea
aa Condominiums, and more particularly described in Part D below.
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a4 2. On, May 28, 2010, Florida Governor Charlie Crist, signed into law, Chapter 2010-147,
as Laws of Florida, more commonly known as the "Jobs for Florida" Bill (the "Bill").
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a~ 3. The Bill provides that in recognition of the 2009 real estate market conditions, any local
as government issued development order or permit that has an expiration date of
z9 September 1, 2008 through January 1, 2012, may be eligible to be extended and
3 o renewed for a period of finro (2) years following its date of expiration.
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3a 4. The Bill further provides that the request for statutory extension must be timely made in
33 writing by December 31, 2010; identify the specific authorization for which the extension
34 is requested, the intended use of the extension and the anticipated time frame for acting
35 on the authorization.
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3~ 5. Further, pursuant to the Bill, the request for statutory extension must be reviewed by
3a Planning and Development Services staff and found not to be in significant
39 noncompliance with the original St. Lucie County development order granting approval.
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4i 6. This e~ension is granted pursuant to Chapter 2010-147, and St. Lucie County Board of
4z County Commissioners' good faith interpretation of SB 1752. By accepting this
43 extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
44 competent jurisdiction determines that the extension granted by St. Lucie County were
45 not legally granted or in the event that the e~ension is subsequently revoked based on a
File No.: BCC 1220104209 PDS Order No. 10-041
December 28, 2010 Page 1
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i constitutional challenge.
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3 7. This statutory extension is exclusive of and runs concurrently with any request for
4 approval extension that may be provided by the St Lucie County Land Development
5 Code. Any Land Development Code extension must be applied for, reviewed and
6 approved in accordance with the provisions of the Land Development Code.
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a NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
9 Services Director for County Commissioners of St. Lucie County, Florida:
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11 A. Pursuant to the provisions of the "Jobs for Florida" Bill of 2010, the Planned Unit
ia Development Site Plan approval for the project known as Tailers' Cove - PUD has been
i3 found to be eligible for and consistent with the provisions contained in Section 46 of SB
i4 1752 such that the approval granted under GM 10-002 subsequent to SB 360 is
i5 extended for two years and is scheduled to expire on June 20, 2011 shall now expire on
i6 June 20, 2013.
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is B. All terms and conditions of Resolution No. 08-151, shall continue to remain in full force
i9 and effect unless otherwise amended.
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al C. In the event that the Bill is determined to be unconstitutional, the extension granted by
aa this order shall become null and void.
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a4 D. The property on which this development order extension is being granted is described as
as follows:
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a~ 2/11-37-41 FROM NW COR GOV LOT 1SEC 11 RUN N 89 DEG 30 MIN W 57 FT TO
as SE COR TRACT G, TH N 22 DEG26 MIN W ALG ELY LI TRACT G 712.8 FT TO N LI
a9 TRACT G, TH N 89DEG 53 MIN W TO W RNV A1A FOR POB, TH CONT W ON SAME
3o BEARING TOIND RIV, TH MEANDER SHORE S ELY TO PT 400 FT DUE S OF N LI
3i OF TRACT G, TH E TO W RM/ A1A, TH N WLY ALG W RNV 433.11 FT M/L TO POB
3 a (OR 2022-554). (Tax I D#: 4502-801-0008-000/8)
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34 (Location: West side of South SR A-1-A, directly across from the Atlantis
35 Condominiums and Claridge-by-the-Sea Condominium)
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3~ E. The conditions set forth in Part B are an integral non severable part of the site plan
3s approval granted by Resolution No. 08-151. If any condition set forth in Part B is
39 determined to be invalid or unenforceable for any reason and the developer declines to
4o comply voluntarily with that condition, this development order extension approval
4i granted by this resolution shall become null and void.
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43 F. This order shall be recorded in the Public Records of St. Lucie County.
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File No.: BCC 1220104209 PDS Order No. 10-041
December 28, 2010 Page 2
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a ORDER effective the 28th day of December, 2010.
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s PLANNING & DEVELOPMENT SERVICES DIRECTOR
6 ST. LUCIE COUNTY, FLORIDA
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10 BY
11 rk Satterl , AICP
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14 APPROVED AS TO FORM
is AND CORRECTNESS:
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2 a 5~ County Attorney
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