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HomeMy WebLinkAboutPDS-23-024 - Fairwinds Golf Course Cart Barn Replacement & Overflow ParkingPDS ORDER 2023-024 File No. EDO-2304000027 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE FOR THE APPROVED MAJOR ADJUSTMENT TO THE MAJOR SITE PLAN FOR THE PROJECT KNOWN AS FAIRWINDS GOLF COURSE CART BARN REPLACEMENT & OVERFLOW PARKING. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Development Order extension timely submitted, in accordance with Florida Statute 252.363, by Mark Cammarene, PGA, MPA on behalf of Fairwinds Golf Course and has made the following determinations: On September 7, 2021, the Board of County Commissioners and Fairwinds Golf Course authorized Resolution 2021-349, granting a Major Adjustment to the Major Site Plan for Fairwinds Golf Course to support redevelopment of the Fairwinds Golf Course Cart Barn located adjacent to our Golf Facility Clubhouse located generally 4400 Fairwinds Drive in the I (Institutional Zoning District on an approximate 248-acre subset of land. 2. In 1990, Fairwinds Golf Course was established by St. Lucie County, featuring as an 18-hole golf course designed atop a former public landfill. The course features a clubhouse, restaurant and bar, golf pro shop, screened patio, golf cart storage "barn" and maintenance shop. 3. On November 7, 2022, Executive Order 22-253 was issued declaring a state of emergency in thirty-four (34) counties in Florida due to the threat of Subtropical Storm Nicole, later upgraded to a hurricane. Pursuant to Florida Statute 252.363, when a state of emergency is declared, development permits and building permits can be extended by the duration of the state of emergency, plus six (6) months. The declaration of emergency for Executive Order (EO) 22-253 was sixty (60) days. On January 5, 2023, the Governor signed Executive Order (EO) 23-02, extending (renewing) Executive Order (EO) 22-253 for sixty (60) days. 4. 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 (6) months. 5. Section 252.363 Florida Statutes requires that a specific written notice be filed with the issuing authority within ninety (90) days after the termination of the declaration of emergency. The applicant applied for this extension on February 20, 2023. 6. Planning Staff performed an analysis of the project and determined that the extension is consistent with the Major Site Plan Adjustment approval through Resolution 2021- File No.: EDO-2304000027 PDS Order 2023-024 Page 1 MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 5187078 05/02/2023 01:02:08 PM OR BOOK 4984 PAGE 873 - 876 Doc Type: ORD RECORDING: $35.50 349, granted by the Board of County Commissioners. Further analysis is found in the memorandum titled "Fairwinds Golf Cart Barn Replacement & Overflow Parking' dated April 18, 2023. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Florida Statutes Section 252.363, the Major Adjustment to the Major Site Plan for the project known as Fairwinds Golf Cart Barn Replacement & Overflow Parking has been found eligible for a statutory extension. The approval granted under Resolution 2021-349, is further extended from its last scheduled expiration date of September 7, 2023, and shall now expire July 5, 2024, for the property described in Part B, is subject to the following conditions: Planning & Development Services — Planning Division 1. The Planning Director shall review the final architectural design for the cart barn. Environmental Resources Department 2. Prior to issuance of the Site Development Permit, the Parking Lot Landscape Plan shall be updated, to comply with the Landscape Development Code, featuring all native tree species for required plantings. 3. Prior to issuance of a Vegetation Removal Permit or Exemption, listed species surveys may be required per state and/or federal survey protocol. Should any listed species be found as a result of these updated surveys appropriate permits from state and federal agencies shall be required. 4. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive species shall be eradicated from the site. B. The property on which this development order extension is being granted is described as follows: LEGAL DESCRIPTION: 20 34 40 S 1/2 OF SEC (325.01 AC) (AS PER HB 4029 EFF 10/1/98) & 19 34 40 SE 1/4 AND E 1/2 OF SE 1/4 OF SW 1/4 AND SW 1/4 OF SE 1/4 OF SW 1/4 AND 4.70 AC IN SE COR OF SW 1/4 OF SW 1/4 (197.94 AC) (ASPER HB 4029 EFF 10/1/98) (OR 3129-1017) Containing 523 acres of land, more or less. PARCEL IDENTIFICATION NUMBER(S): 1420-311-0001-000-5 & 1419-334- 0001-000-2 File No.: EDO-2304000027 PDS Order 2023-024 Page 2 C. The Major Adjustment to the Major Site Plan statutory extension approval granted by this administrative order shall expire on July 5, 2024, unless building permits are issued or an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. D. 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 unenforcible for any reason and the developer declines to comply voluntarily with that condition, this Development Order Extention approval granted by this Order shall become null and void. E. The Certificate of Capacity granted by the Planning and Development Services Director shall be valid for the period of this Development Order. If this Order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. F. A copy of this extension shall be placed on file with the St. Lucie County Planning and Development Services Department. G. This Order shall be recorded in the Public Records of St. Lucie County. This ORDER effective the �� day of 12023. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY rh��, Benjamin Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: BY /4, County Attorney File No.: EDO-2304000027 PDS Order 2023-024 Page 3 EXHIBIT — A Fairwinds Golf Cart Barn Replacement & Overflow Parking The following table provides a historic time line of the approvals granted to the subject site plan. Date Approval Approval Granted Expiration Comments Date 09/07/2021 Res. No. Board of County 09/07/2023 Major Adjustment to 2021-349 Commissioners the Major Site Plan File No.: EDO-2304000027 PDS Order 2023-024 Page 4