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HomeMy WebLinkAboutPDS-17-014 - Silver Oaks PUD Site PlanJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4297660 04/13/2017 01:06:48 PM OR BOOK 3984 PAGE 1910 - 1912 Doc Type: ORD RECORDING: $27.00 PDS NO. 17-014 File No. BCC 1220165091 AN ORDER GRANTING SILVER OAKS PUD SITE PLAN A STATUTORY EXTENSION PROVIDED FOR BY SECTION 252.363 FLORIDA STATUTES WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for development order extension timely submitted by Lucido & Associates and has made the following determinations: 1. On March 1, 2005, through Resolution No. 05-021, the Board of County Commissioners granted approval to the Final Planned Unit Development Site Plan approval known as Silver Oaks PUD, on property located on the southeast corner of Tilton Road and Silver Oaks Drive. 2. February 6, 2007, the Board of County commissioners granted a 12 month extension to the Silver Oaks PUD through the adoption of Resolution 07-018. 3. February 19, 2008, the Board of County Commissioners granted a 12 month extension through the adoption of Resolution 08-012. 4. April 29, 2009, the Board of County Commissioners and the developer entered into Development Agreement that extended the expiration date by three additional years, to June 27, 2012. 5. December 12, 2013, the Board of County Commissioners approved an amendment to the Development Agreement that extended the expiration date by five years. 6. On June 29, 2016, Florida Governor Rick Scott issued Executive Order (EO) No. 16-155 declaring a State of Emergency for Florida due to the threat of Lake Okeechobee Discharges that provided for an extension of 60 days. 7. On August 29, 2016, Florida Governor Rick Scott issued Executive Order (EO) No. 16-204 extending the State of Emergency for Florida due to the threat of Lake Okeechobee Discharges through Executive Order No. 16-155 for an additional 60 more days. 8. On October 3, 2017, .Florida Governor Rick Scott issued Executive Order (EO) No. 16-230 extending the State of Emergency for Florida due to the threat of Hurricane EDO-1220165091 PDS Order No. 17-014 March 5, 2017 Page 1 Matthew Executive Order 16-204 for an additional 60 more days. 9. 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. 10. Section 252.363 Florida Statutes requires that specific written notice be filed with the issuing authority within ninety days after the termination of the declaration of emergency. The applicant applied for this extension on December 1, 2016. 11. Planning Staff performed an analysis of the project and determined that the extension is consistent with all the original St. Lucie County development orders granting approval. The analysis is found in the memorandum titled Silver Oaks PUD State of Emergency Order Extension, dated March 31, 2017. NOW, THEREFORE, BE IT ORDERED by the .St. Lucie County Planning and Development Services Director: A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act the Final Planned Unit Development Site Plan, approved through Resolution 05-021, is hereby extended for a period of 18 additional months from its date of scheduled expiration, June 29, 2017, with the new expiration date being December 29, 2018. All terms and conditions of Resolution 05-021 and the Development Agreement shah remain in full force and effect. B. This Silver Oaks PUD Site Plan statutory extension approval shall expire on December 29, 2018 unless a building permit is issued and active or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code C. The conditions set forth in Part A are an integral, non -severable part of the site plan approval as granted by this extension. If any condition set forth in Part A 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. D. The Certificate of Capacity granted with the project's original approval shall remain valid for the period of this development order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. E. A copy of this statutory extension shall be placed on file with the St. Lucie County Planning and Development Services Department. EDO-1220165091 PDS Order No. 17-014 March 5, 2017 Page 2 F. This order shall be recorded in the Public Records of St. Lucie County. This ORDER is effective the 5th day of April, 2017. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY l Leslie Olson ICP APPROVED AS TO FORM AND CORRECTNESS: County Attorney EDO-1220165091 March 5, 2017 PDS Order No. 17-014 Page 3