HomeMy WebLinkAboutGM-09-034 - River Landing - Planned Unit Development - SB 360 Extension
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JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SgINT LUCIE COUNTY
FILE # 3426971 12/31/2009 at 01:1q pM
OR 600&(3159 PAGE 272 - 274 Doc Type: ORD
RECORDING: $27.00
1 GM-09-034
2 (File No. PUD 06-011)
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5 AN ORDER GRANTING A TWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY THE COMMUNITY RENEWAL
~ ACT TO THE SCHEDULED EXPIRATION DATE TO THE
8 PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT
9 SITE PLAN FOR THE PROJECT TO BE KNOWN AS RIVER
1o LANDING -PLANNED UNIT DEVELOPMENT.
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12 WHEREAS, the St. Lucie County Growth Management Director has reviewed the request for
13 Development Order extension timely submitted and in accordance with the provisions of The
14 Community Renewal Act on behalf of AW River Landing, LLC and has made the following
15 determinations:
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17 1. On, May 15, 2007, the St. Lucie County Board of County Commissioners granted
18 approval, through Resolution No. 07-052, to the petition of AW River Landing, LLC, for
19 the Planned Unit Development Site Plan approval for the project to be known as River
20 Landing -Planned Unit Development, on property located on the east side of 25th
21 Street, approximately 0.17 miles north of West Midway Road, and more particularly
22 described in Part D below.
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24 2. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 2009-96,
25 Laws of Florida, more commonly known as the "Community Renewal Act" (the "ACT").
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27 3. The Act provides that in recognition of the 2009 real estate market conditions, any local
28 government issued development order or permit that has an expiration date of
29 September 1, 2008 through January 1, 2012, may be eligible to be extended and
3o renewed for a period of two (2) years following its date of expiration.
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32 4. The Act further provides that the request for statutory extension must be timely made in
33 writing by December 31, 2009; identify the specific authorization for which the extension
34 is requested, the intended use of the extension and the anticipated time frame for acting
35 on the authorization.
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37 5. Further, pursuant to the Act, the request for statutory extension must be reviewed by
38 Growth Management staff and found not to be in significant noncompliance with the
39 original St. Lucie County development order granting approval.
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41 6. Any extension granted pursuant to the Act, is the result of the St. Lucie County Board of
42 County Commissioners' good faith interpretation of the Act. By accepting this extension,
43 the applicant acknowledges that there are portions of the Act that are ambiguous, and
File No.: PUD 06-011 GM Order 09-034
December 21, 2009 Page 1
1 that there are contrary interpretations of the Act. The applicant also acknowledges that
2 the constitutionality of the Act has been challenged. Accordingly, by accepting this
3 extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
4 competent jurisdiction determines that the extension granted by St. Lucie County were
5 not legally granted, or in the event that the extension is subsequently revoked based on
6 the constitutional challenge to the Act.
8 7. This statutory extension is exclusive of and runs concurrently with any request for
9 approval extension that may be provided by the St Lucie County Land Development
to Code. Any Land Development Code extension must be applied for, reviewed and
11 approved in accordance with the provisions of the Land Development Code.
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13 NOW, THEREFORE, BE IT ORDERED by the St. Lucie county Growth Management Director
14 for County Commissioners of St. Lucie County, Florida:
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16 A. Pursuant to the provisions of the "Community Renewal Act" of 2009, the Major Site Plan
17 approval for the project to be known as River Landing -Planned Unit Development has
18 been found to be eligible for and consistent with the provisions contained in Section 14
19 of SB 360 such that the approval granted under that Resolution is extended for two
20 years from its date of scheduled expiration, May 15, 2009 and shall now expire May 15,
21 2011.
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23 B. All terms and conditions of Resolution No. 07-052, shall continue to remain in full force
24 and effect unless otherwise amended.
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26 C. In the event that a court determines that the Act is unconstitutional, the extension
27 granted by this order shall become null and void.
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29 D. The property on which this development order extension is being granted is described as
3o follows:
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32 PARCEL 1
33 THE SOUTH 543 FEET OF LOTS 58 AND 59, WHITE CITY SUBDIVISION, AS
34 RECORDED IN PLAT BOOK 1, AT PAGE 23, OF THE PUBLIC RECORDS OF ST.
35 LUCIE COUNTY, FLORIDA; LESS THE WEST 40 FEET OF THE SOUTH 543 FEET
36 OF LOT 58, ALL LYING IN SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST.
37 LUCIE COUNTY, FLORIDA.
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39 PARCEL 2
4o THE EAST 1/2 OF THE WEST 600 FEET OF LOT 60, SHEEN'S SURVEY OF WHITE
41 CITY, SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE
42 MAP OR PLAT RECORDED IN PLAT BOOK 1, AT PAGE 23, PUBLIC RECORDS OF
43 ST. LUCIE COUNTY, FLORIDA; LESS AND EXCEPTING THAT PART THEREOF
44 LYING SOUTH OF THE NORTH RIGHT OF WAY LINE OF MIDWAY ROAD (STATE
45 ROAD NO. 712). Parcel ID#'s 3403-502-0086-000/3 & 3403-502-0093-000/5
File No.: PUD 06-011 GM Order 09-034
December 21, 2009 Page 2
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2 (Location: East side of 25t" Street, approximately 0.17 miles north of West Midway Road)
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4 E. The conditions set forth in Part B are an integral non severable part of the site plan
5 approval granted by Resolution No. 07-052. If any condition set forth in Part B is
6 determined to be invalid or unenforceable for any reason and the developer declines to
7 comply voluntarily with that condition, this development order extension approval
8 granted by this resolution shall become null and void.
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to F. The St. Lucie County Growth Management Director is hereby authorized and directed to
11 cause notation of this Order to be made on the Official Zoning Map of St. Lucie County
12 Florida and to make notation of reference to the date of adoption of this Resolution.
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14 G. This order shall be recorded in the Public Records of St. Lucie County.
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16 ORDER effective the 21St day of December, 2009.
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18 GROWTH MANAGEMENT DIRECTOR
19 ST. LUCIE COUNTY, FLORIDA
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2 2 ,~!~~~~~T"
2 3 B~/
24 Mark Satt ee, AICP
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26 APPROVED AS TO FORM
27 AND CORRECTNESS:
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32 County r~rey
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4 8 G:\Planning\PROJECT FILES\River Landing PUD 06-011\SB 360\GMOrder 09-034.SB360.docX
File No.: PUD 06-011 GM Order 09-034
December 21, 2009 Page 3