HomeMy WebLinkAboutPDS-11-015 - Grande Beach PUD - Chapter 2011-139 Extension . r4
i ~~j P-(-~5 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
w'?r 1 ~ SAINT LUCIE COUNTY
W FILE # 3619268 08/16/2011 at 04:26 PM
OR BOOK 3316 PAGE 1007 - 1009 Doc Type: ORD
RECORDING: $27.00
1 ~ P DS N O. 11-015
2 I~` (File No. BCC 720114311)
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s AN ORDER GRANTING AN ADDITIONAL TWO-YEAR
6 STATUTORY EXTENSION PROVIDED BY CHAPTER 2011-
~ 139, LAWS OF FLORIDA TO THE SCHEDULED
8 EXPIRATION DATE TO THE PREVIOUSLY APPROVED
9 PLANNED MIXED USE DEVELOPMENT SITE PLAN FOR
to THE PROJECT KNOWN AS GRANDE BEACH PMUD.
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13 WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
14 the request for development order extension timely submitted and in accordance with the
15 provisions of Chapter 2011-139, Laws of Florida on behalf of Grande Beach North Hutchinson
16 Island, LLC, and has made the following determinations:
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18 1. On, June 17, 2008, the St. Lucie County Board of County Commissioners granted
19 approval, through Resolution No. 08-180, to the petition of Grande Beach North
20 Hutchinson Island, LLC, for the Planned Mixed Use Development Site Plan approval for
21 the project known as Grande Beach PMUD, on property located on the northwest corner
22 of the State Road A-1-A and Marina Drive and more particularly described in Part D
2 3 belOW.
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2 s 2. On, December 21, 2009, the Planning and Development Services Director, through GM
26 Order 09-030 granted approval for the extension of two years for Resolution No. 08-180
27 consistent with the provisions contained in Section 14 of Senate Bill 360 providing for the
28 expiration date, June 17, 2012.
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30 3. On, July 1, 2011, Florida Governor Rick Scott, signed into law, Chapter 2011-139, Laws
31 of Florida, more commonly known as the "Community Planning Act" Bill (the "Bill").
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33 4. The Bill provides that any local government issued development order or permit that was
34 extended under Section 14 of Chapter 2009-96, Laws of Florida, as reauthorized by
35 Section 46 of Chapter 2010-147, Laws of Florida, may be eligible to be extended and
36 renewed for an additional period of two years after its previously scheduled expiration
37 date and shall not be extended beyond a total of four years.
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39 5. The Bill provides that in recognition of the 2011 real estate market conditions, any local
4 o government issued development order or permit that has an expiration date of January
41 1, 2012 through January 1, 2014, may be eligible to be extended and renewed for a
4 2 period of two (2) years following its date of expiration.
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44 6. The Bill further provides that the request for statutory extension must be timely made in
4 s writing by December 31, 2011; identify the speck authorization for which the extension
File No.: BCC 720114311 PDS Order No. 11-015
August 12, 2011 Page 1
1 is requested, the intended use of the extension and the anticipated time frame for acting
2 on the authorization.
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4 7. Further, pursuant to the Bill, the request for statutory extension must be reviewed by
5 Planning and Development Services staff and found not to be in significant
6 noncompliance with the original St. Lucie County development order granting approval.
8 8. The applicant applied for an extension on July 21, 2011.
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l0 9. This extension is granted pursuant to Chapter 2011-139, and St. Lucie County Board of
11 County Commissioners' good faith interpretation of the Bill. By accepting this extension,
12 the applicant agrees to hold St. Lucie County harmless in the event a court of competent
13 jurisdiction determines that the extension granted by St. Lucie County were not legally
14 granted or in the event that the extension is subsequently revoked based on a
15 constitutional challenge.
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17 10. This statutory extension is exclusive of and runs concun'ently with any request for
1 s approval extension that may be provided by the St Lucie County Land Development
19 Code. Any Land Development Code extension must be applied for, reviewed and
2 o approved in accordance with the provisions of the Land Development Code.
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22 NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
23 Services Director:
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25 A. Pursuant to the provisions of the Bill, the Planned Mixed Use Development Site Plan
26 approval for the project to be known as Grande Beach PMUD has been found to be
2 ~ eligible for an additional extension consistent with the provisions contained in Section 79
2 s of the Bill such that the approval granted under GM Order No. 09-030 is extended for
29 two years and is now scheduled to expire June 17, 2014.
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31 B. All terms and conditions of Resolution No. 08-180, shall continue to remain in full force
32 and effect unless otherwise amended.
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34 C. In the event that a court determines that the Bill is unconstitutional, the extension
35 granted by this order shall become null and void.
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37 D. The property on which this development order extension is being granted is described as
3 s follows:
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4o Tract "E-1", Blocks 8 and 9 and alleys abutting thereto, Tract "F-1" and Tract "A" and the
41 portion of Coral Avenue (n/k/a Flotilla terrace) lying North of Marina Drive, according to
4 2 the plat of Coral Cove Beach, Section One, as recorded in Plat Book 11 at pages 30A
4 3 and 30B of the Public Records of St. Lucie County, Florida.
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4 5 Parcel I D# 1425-701-0153-000/7
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4 ~ (Location: northwest comer of the State Road A-1-A and Marina Drive)
File No.: BCC 720114311 PDS Order No. 11-015
August 12, 2011 Page 2
1 E. The conditions set forth in Part B are an integral non severable part of the site plan
2 approval granted by Resolution No. 0&180. If any condition set forth in Part B is
3 determined to be invalid or unenforceable for any reason and the developer declines to
4 comply voluntarily with that condition, this development order extension approval
5 granted by this resolution shall become null and void.
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7 F. This order shall be recorded in the Public Records of St. Lucie County.
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9 This ORDER is effective the 12"' day of August, 2011.
to
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12 PLANNING 8 DEVELOPMENT SERVICES DIRECTOR
13 ST. LUCIE COUNTY, FLORIDA
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17 BY
1 s Mark S erlee, CP
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21 APPROVED AS TO FORM
22 AND CORRECTNESS:
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4 5 G:\Planning\PROJECT FILES\GrandeBeach\BCC7201143111PDS 11-015
File No.: BCC 720114311 PDS Order No. 11-015
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