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HomeMy WebLinkAboutPDS-11-012 - Savanna Club - Chapter 2011-139 ExtensionJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3609729 07/14/2011 at 03:47 PM OR BOOK 3308 PAGE 933 - 935 Doc Type: ORD RECORDING: $27.00 1 2 3 4 5 6 7 s 9 to 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 PDS NO. 11-012 (File No. BCC 620114291) AN ORDER GRANTING AN ADDITIONAL TWO-YEAR STATUTORY EXTENSION PROVIDED BY CHAPTER 2011- 139, LAWS OF FLORIDA TO THE SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY APPROVED DEVELOPMENT ORDER TO THE DEVELOPMENT OF REGIONAL IMPACT KNOWN AS SAVANNA CLUB. 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 Chapter 2011-139, Laws of Florida on behalf of Savanna Eagle's Retreat, LLC, and has made the following determinations: 1. On, March 4, 2008, the St. Lucie County Board of County Commissioners granted approval, through Resolution No. 08-002, to the petition of Community Savanna Club Joint Venture, for the seventh amendment to the amended development order to the Development of Regional Impact known as Savanna Club to re-designate the land use from residential to commercial on three lots of land located on the east side of Crabapple Drive, directly north of the Savanna Club golf pro shop and maintenance facility, and more particularly described in Part D below. 2. On, December 3, 2010, the Planning and Development Services Director, through PDS Order No. 10-027 granted approval for the extension of two years for Resolution No. 08- 002 consistent with the provisions contained in Section 46 of Chapter 2010-147, Laws of Florida providing for the new expiration date, March 4, 2013. 3. On, July 1, 2011, Florida Governor Rick Scott, signed into law, Chapter 2011-139, Laws of Florida, more commonly known as the "Community Planning Act" Bill (the "Bill"). 4. The Bill provides that any local government issued development order or permit that was extended under Section 14 of Chapter 2009-96, Laws of Florida, as reauthorized by Section 46 of Chapter 2010-147, Laws of Florida, may be eligible to be extended and renewed for an additional period of two years after its previously scheduled expiration date and shall not be extended beyond a total of four years. 5. The Bill provides that in recognition of the 2011 real estate market conditions, any local government issued development order or permit that has an expiration date of January 1, 2012 through January 1, 2014, may be eligible to be extended and renewed for a period of two (2) years following its date of expiration. File No.: BCC 620114291 PDS Order No. 11-012 July 6, 2011 Page 1 i 2 3 4 5 6 7 s 9 to 11 12 13 14 15 16 17 is 19 zo z1 22 23 24 25 26 z7 zs 29 30 31 32 33 :34 35 :36 :37 :38 :39 40 4i 42 43 44 ~} 5 46 .} '7 6. The Bill further provides that the request for statutory extension must be timely made in writing by December 31, 2011; 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. 7. 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. 8. The applicant applied for an extension on June 17, 2011. 9. This extension is granted pursuant to Chapter 2011-139, and St. Lucie County Board of County Commissioners' good faith interpretation of the Bill. 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 constitutional challenge. 10. 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: A. Pursuant to the provisions of the Bill, the seventh amendment to the amended development order to the Development of Regional Impact known as Savanna Club has been found to be eligible for an additional extension consistent with the provisions contained in Section 79 of the Bill such that the approval granted under PDS Order No. 10-027 is extended for two years and is now scheduled to expire March 4, 2015. B. All terms and conditions of Resolution No. 08-002, shall continue to remain in full force and effect unless otherwise amended. C. In the event that a 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: Being all of Lots 1, 2, & 3, Block 67, according to the Plat of Fairways at Savanna Club, as recorded in Plat Book 48, Page 39 of the public records of St. Lucie County, Florida. Amended as block 77 as Recorded in O. R. Book 2354, Page 2599. Parcel ID# 3424-800-0200-000/9, 3424-800-0199-000/8 8~ 3424-800-0198-000/1 File No.: BCC 620114291 PDS Order No. 11-012 July 6, 2011 Page 2 1 2 3 4 5 6 7 s 9 to 11 12 13 14 15 16 17 18 19 20 zl 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (Location: east side of Crabapple Drive, directly north of the Golf Pro Shop and Maintenance Facility.) E. The conditions set forth in Part B are an integral non severable part of the site plan approval granted by Resolution No. 08-002. 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. This ORDER is effective the 6th day of July, 2011. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mark Satt rlee, P Lap G:\Planning\PROJECT FILES\Savanna Club\BCC 620114291/PDS 11-012 File No.: BCC 620114291 July 6, 2011 PDS Order No. 11-012 Page 3 APPROVED AS TO FORM AND CORRECTNESS: