HomeMy WebLinkAboutPDS-10-042 - Villa Mare - SB 1752 Extension ~ PDS NO. 10-042
a (File No. BCC 1220104214)
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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
8 APPROVED MINOR SITE PLAN FOR THE PROJECT
9 KNOWN AS VILLA MARE.
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ii WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
iz the request for development order extension timely submitted and in accordance with the
i3 provisions of Senate Bill 1752 on behalf of Capstone Realty Inc. and has made the following
i4 determinations:
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i6 1. On, July 9, 2007, the Planning and Development Services Director granted approval,
i~ through GM Order No. 07-011, to the petition of Jensen Seaside Venture, LLC, for the
ia Minor Site Plan approval for the project known as Villa Mare, on property located on the
i9 east side of South Ocean Drive, approximately 1.4 miles north of the Jensen Beach
a o Causeway, and more particularly described in Part D below.
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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").
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as 3. The Bill provides that in recognition of the 2009 real estate market conditions, any local
a6 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
aa renewed for a period of two (2) years following its date of expiration.
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30 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.
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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.
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3 9 6. This e~ension is granted pursuant to Chapter 2010-147, and St. Lucie County Board of
4 o County Commissioners' good faith interpretation of SB 1752. By accepting this
41 extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
4z 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.
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File No.: BCC 1220104214 JOSEPH E. SMITH. ~LERtt UF THE CIRCiliT GOURT pDS Order No. 10-042
December 28, 2010 SA1NT tUCtE CouNTY Pa e 1
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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.
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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 Minor Site Plan
io approval for the project known as Villa Mare has been found to be eligible for and
li consistent with the provisions contained in Section 46 of SB 1752 such that the approval
ia granted under GM 07-011 and that was scheduled to expire on July 9, 2009 shall now
i3 expire on July 9, 2011.
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is B. All terms and conditions of GM Order No. 07-011, shall continue to remain in full force
i6 and effect unless otherwise amended.
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is C. In the event that the Bill is determined to be unconstitutional, the extension granted by
i9 this order shall become null and void.
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zi D. The property on which this development order extension is being granted is described as
a a follows:
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a4 From the intersection of the north line of Government lot 2, of section 12, township
zs 37 south, range 41 east, and the east right-of-way line of Highway A1A, run
a6 northwesterly on said right-of-way line a distance of 774.85 feet for a point of
a~ beginning; thence continue northwesterly on said right-of-way line a distance of
a s 116.06 feet to the south line of a parcel as described in official record book 192,
a 9 page 1116, of the public records of St. Lucie County, Florida; thence run north
3 0 89°56'2" east to the shore of the Atlantic Ocean; thence run southeasterly along the
3 i shore of the Atlantic Ocean, a distance of 116 feet more or less to appoint bearing
3z north 89°56'22" east from the point of beginning; thence run south 89°56'22" west, a
33 distance of 489 feet more of less to point of beginning. Together with all riparian and
34 littoral rights appurtenant thereto.
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36 Containing 1.17 acres more or less
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3a Location: East side of state Road A-1-A (South Ocean Drive), approximately 1.4
39 miles north of the Jensen Beach Causeway.
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4 i Parcel ID# 4511-140-0004-000/0
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43 E. The conditions set forth in Part B are an integral non severable part of the site plan
44 approval granted by GM Order No. 07-011. If any condition set forth in Part B is
45 determined to be invalid or unenforceable for any reason and the developer declines to
46 comply voluntarily with that condition, this development order extension approval
4~ granted by this development order shall become null and void.
File No.: BCC 1220104214 PDS Order No. 10-042
December 28, 2010 Page 2
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a F. This order shall be recorded in the Public Records of St. Lucie County.
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4 ORDER effective the 28'h day of December, 2010.
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6 PLANNING & DEVELOPMENT SERVICES DIRECTOR
~ ST. LUCIE COUNTY, FLORIDA
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11 BY
iz Mark Satte e, AICP
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14 APPROVED AS TO FORM AND CORRECTNESS:
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19 Prs5 - County Attorney
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42 G:\Planning\PROJECT FILES\Villa Mare BCC 1220104214
File No.: BCC 1220104214 PDS Order No. 10-042
December 28, 2010 Page 3