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Home My WebLink AboutPDS-12-004 - Shinn Road Equestrian Estates - Chapter 2011-139 ExtensionJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3666037 01/19/2012 at 09:50 AM OR BOOK 3356 PAGE 8 - 11 Doc Type: ORD RECORDING: $35.50 PDS NO. 12-004 (File No. BCC 1120114366) AN ORDER GRANTING THE FOLLOWING STATUTORY EXTENSION PROVIDED BY CHAPTER 2011-139, LAWS OF FLORIDA AND SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY APPROVED PRELIMINARY PLANNED UNIT DEVELOPMENT SITE PLAN FOR THE PROJECT KNOWN AS SHINN ROAD EQUESTRIAN ESTATES. 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 S/Shinn Road Property, Ltd and Evans Properties, Inc., and has made the following determinations: On, January 19, 2010, the St. Lucie County Board of County Commissioners granted approval through Resolution No. 10-024 to the petition of Dennis O'Shea of Stiles Development for the Preliminary Planned Unit Development Site Plan approval for the project known as Shinn Road Equestrian Estates, on property located on the west side of Shinn Road, approximately 1.5 miles north of Okeechobee Road, between NSLRWCD Canal No. 58 and NSLRWCD Canal No. 71 and more particularly described in Part D below. 2. On, June 13, 2011, Florida Governor Rick Scott, issued Executive Order (EO) No. 11- 128 (as extended by EO Nos. 11-172 and 11-202) declaring a State of Emergency for Florida due to significant drought and wildfire conditions. 3. Section 252.363 Florida Statutes provides that any local government issued development order or permit may be extended from the period remaining for the duration of the emergency declaration plus six months. 4. The Act requires that a specific written notice be filed with the issuing authority within ninety days after the termination of the declaration of emergency. The deadline to file the requisite Notice is February 1, 2012. 5. 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"). 6. 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. File No.: BCC 1120114366 PDS Order No. 12-003 January 11, 2012 Page 1 7. 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. 8. 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. 9. 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. 10. The applicant applied for an extension on November 28, 2011 11. 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. 12. 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 State of Emergency Act and the Community Planning Act, the Preliminary Planned Unit Development Site Plan approval for the project known as Shinn Road Equestrian Estates has been found to be eligible for an additional extension such that the approval granted under Resolution No.10-024 is extended for two years, ten months, and twenty-two days and is now scheduled to expire December 10, 2014. B. All terms and conditions of Resolution No. 10-024, 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: File No.: BCC 1120114366 PDS Order No. 12-003 January 11, 2012 Page 2 LEGAL DESCRIPTION: PARCEL 1 THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 35 SOUTH, RANGE 3~ EAST, LESS THE SOUTH 84 FEET AND LESS THE NORTH 56 FEET AND LESS P STRIP OF LAND ON THE EAST SIDE BEING 60 FEET ON THE SOUTH LINE AND 7`r FEET ON THE NORTH LINE AND LESS AND EXCEPT THE FOLLOWING: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; RUN NORTH 00 DEGREES 23'10" WEST, ALONG THE QUARTER SECTION LINE, A DISTANCE OF 2167.61 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 89 DEGREES 59`40" WEST, A DISTANCE OF 290 FEET; THENCE RUN NORTH 00 DEGREES 23'10" WEST, A DISTANCE OF 170 FEET; THENCE RUN SOUTH 89 DEGREES 59'40" EAST, A DISTANCE OF 290 FEET; THENCE RUN SOUTH 00 DEGREES 23'10" EAST, A DISTANCE OF 170 FEET TO THE POINT OF BEGINNING; SUBJECT TO A COUNTY OWNED RIGHT-OF-WAY AS RECORDED IN DEED BOOK 114, PAGE 259, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. PARCEL 2 THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER TOGETHER WITH THE SOUTH ONE-HALF OF SECTION 25, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LESS ROAD AND CANAL RIGHTS OF WAYS. Location: west side of Shinn Road, approximately 1.5 miles north of Okeechobee Road, between NSLRWCD Canal No. 58 and NSLRWCD Canal No. 71. E. The conditions set forth in Part B are an integral non severable part of the site plan approval granted by Resolution No. 10-024. 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. File No.: BCC 1120114366 PDS Order No. 12-003 January 11, 2012 Page 3 This ORDER is effective the 11th day of January, 2012. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mark Satterlee, AICP Lap G:\Planning\PROJECT FILES\Shinn Road Equestrian Estates\PDS 12-004.docx File No.: BCC 1120114366 PDS Order No. 12-003 January 11, 2012 Page 4 APPROVED AS TO FORM AND CORRECTNESS: