HomeMy WebLinkAboutGM-10-003 - Sedona - PUD - SB 360 Extension GM-10-003
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s 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 SECOND 12 MONTH EXTENSION FOR THE
io PROJECT TO BE KNOWN AS SEDONA -PUD.
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 Home Dynamics Sedona, LLC and has made the
is following determinations:
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i~ 1. On, December 8, 2009, the St. Lucie County Board of County Commissioners granted
la approval, through Resolution No. 09-213, to the petition of Home Dynamics Sedona,
19 LLC, for the Planned Unit Development Site Plan Second 12 Month Extension approval
20 for the project to be known as Sedona -PUD, on property located on the southwest
21 corner of Edwards Road and South 25th Street, and more particularly described in Part D
22 below.
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24 2. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 2009-96,
2s 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
2s 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
3a 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.: BCC 920094009 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT GM Order 10-003
January 22, 2010 SAINT LUCIE COUNTY Page 1
FILE # 3439374 02/08/2010 at 10:20 AM
OR BOOK 3169 PAGE 1661 - 1663 Doc Type: ORD
RECORDING: $27.00
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 Planned Unit
17 Development Site Plan Second 12- Month Extension approval for the project to be
18 known as Sedona - PUD has been found to be eligible for and consistent with the
19 provisions contained in Section 14 of SB 360 such that the approval granted under that
20 Resolution is extended for two years from its date of scheduled expiration, October 17,
21 2010 and shall now expire October 17, 2012.
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23 B. All terms and conditions of Resolution No. 09-213, 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
3 o follows:
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32 A PORTION OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE
33 1/4) OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST, DESCRIBED AS FOLLOWS:
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35 COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH
36 89°59'07" WEST, ALONG THE NORTH LINE OF SAID SECTION 29, A DISTANCE OF 80.00
37 FEET; THENCE SOUTH 00°06'35" EAST, A DISTANCE OF 60.00 FEET, TO THE POINT OF
3s BEGINNING; THE FOLLOWING FIVE (5) COURSES ARE ALONG THE WEST RIGHT-OF-WAY
39 LINE OF HAWLEY ROAD (SOUTH 25th STREET): THENCE CONTINUE SOUTH 00°06'35"
4o EAST, A DISTANCE OF 479.64 FEET; THENCE SOUTH 07°56'16" WEST, A DISTANCE OF
41 75.76 FEET; THENCE SOUTH 00°37'50" EAST, A DISTANCE OF 57.42 FEET; THENCE
42 SOUTH 11°56'23" EAST, A DISTANCE OF 49.19 FEET; THENCE SOUTH 00°06'35" EAST, A
43 DISTANCE OF 608.04 FEET; THENCE SOUTH 89°19'20" WEST, ALONG THE SOUTH LINE
44 OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID
45 SECTION 29, A DISTANCE OF 1221.26 FEET; THENCE NORTH 00°07'41" EAST, ALONG THE
46 EAST RIGHT-OF-WAY OF THE NORTH ST. LUCIE RIVER WATER MANAGEMENT DISTRICT
47 CANAL, ALSO BEING A LINE PARALLEL WITH AND 25 FEET EAST OF, AS MEASURED AT
File No.: BCC 920094009 GM Order 10-003
January 22, 2010 Page 2
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1 RIGHT ANGLES TO THE WEST LINE OF THE NORTHEAST QUARTER (NE 1/4) OF THE
2 NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 29, A DISTANCE OF 1207.79 FEET, TO
3 A POINT ON A CURVE AT WHICH A RADIAL LINE BEARS NORTH 18°59'27" WEST; THENCE
4 NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, ALSO BEING THE
5 SOUTH RIGHT-OF-WAY LINE OF EDWARDS ROAD, HAVING A RADIUS OF 1372.58 FEET
6 AND A CENTRAL ANGLE OF 18°58'34", AN ARC DISTANCE OF 454.59 FEET TO THE POINT
7 OF TANGENCY; THENCE NORTH 89°59'07" EAST, ALONG SAID SOUTH RIGHT-OF-WAY
8 LINE, A DISTANCE OF 769.74 FEET TO THE POINT OF BEGINNING.
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l0 SAID LANDS SITUATE, LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA
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12 Parcel ID No.: 2429-111-0001-0001, 2429-111-0003-0005 and 2429-111-0002-0008
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14 Location: Southwest corner of the intersection of South 25th Street and Edwards Road.
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16 E. The conditions set forth in Part B are an integral non severable part of the site plan
17 approval granted by Resolution No. 09-213. If any condition set forth in Part B is
is determined to be invalid or unenforceable for any reason and the developer declines to
19 comply voluntarily with that condition, this development order extension approval
20 granted by this resolution shall become null and void.
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22 F. The St. Lucie County Growth Management Director is hereby authorized and directed to
23 cause notation of this Order to be made on the Official Zoning Map of St. Lucie County
24 Florida and to make. notation of reference to the date of adoption of this Resolution.
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26 G. This order shall be recorded in the Public Records of St. Lucie County.
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28 ORDER effective the 22"d day of January, 2010.
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3o GROWTH MANAGEMENT DIRECTOR
31 ST. LUCIE COUNTY, FLORIDA
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3 5 BY
36 Mark S tterlee, AICP
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3s APPROVED AS TO FORM
39 AND CORRECTNESS:
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44 County Att rn
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4 8 G:\Planning\PROJECT FILES\Sedona (FKA Frontera) PUD\2nd Extension BCC\SB 360\GMOrder 10-003.S6360.docX
File No.: BCC 920094009 GM Order 10-003
January 22, 2010 Page 3