HomeMy WebLinkAboutGM-10-005 - Hunter's Run - SB 360 Extension 1 GM-10-005
2 (File No. PUD-05-019/RZ-05-015)
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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
s PREVIOUSLY APPROVED PRELIMINARY PLANNED UNIT
9 DEVELOPMENT SITE PLAN FOR THE PROJECT TO BE
io KNOWN AS HUNTER'S RUN.
12 WHEREAS, the St. Lucie County Growth Management Director has reviewed the
13 request for Development Order extension timely submitted and in accordance with the
14 provisions of The Community Renewal Act on behalf of Riverview Developers, LLC and
is Royal Professional Builders and has made the following determinations:
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1. On, May 15, 2007, the St. Lucie County Board of County Commissioners granted
is approval, through Resolution No. 07-022, to the petition of Riverview Developers,
19 LLC and Royal Professional Builders, for the Preliminary Planned Unit
20 Development Site Plan approval for the project to be known as Hunter's Run, on
21 property located on the east side of Germany Canal Road, approximately 2 miles
22 southwest of the intersection of Carlton Road and Germany Canal Road, and
23 more particularly described in Part D below.
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2s 2. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 2009-
26 96, Laws of Florida, more commonly known as the "Community Renewal Act"
2 ~ (the "ACT").
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29 3. The Act provides that in recognition of the 2009 real estate market conditions,
3o any local government issued development order or permit that has an expiration
31 date of September 1, 2008 through January 1, 2012, may be eligible to be
32 extended and renewed for a period of two (2) years following its date of
33 expiration.
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35 4. The Act further provides that the request for statutory extension must be timely
36 made in writing by December 31, 2009; identify the specific authorization for
37 which the extension is requested, the intended use of the extension and the
3a anticipated time frame for acting on the authorization.
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40 5. Further, pursuant to the Act, the request for statutory extension must be reviewed
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT GM Order 10-005
File No.: PUD 05-019/RZ-05-015 SAINT LUCIE COUNTY Page 1
January 25, 2010 FILE # 3439438 02/08/2010 at 10:33 AM
OR BOOK 3169 PAGE 1785 - 1788 Doc Type: ORD
RECORDING: $35.50
i by Growth Management staff and found not to be in significant noncompliance
2 with the original St. Lucie County development order granting approval.
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4 6. Any extension granted pursuant to the Act, is the result of the St. Lucie County
s Board of County Commissioners' good faith interpretation of the Act. By
6 accepting this extension, the applicant acknowledges that there are portions of
~ the Act that are ambiguous, and that there are contrary interpretations of the Act.
s The applicant also acknowledges that the constitutionality of the Act has been
9 challenged. Accordingly, by accepting this extension, the applicant agrees to
io hold St. Lucie County harmless in the event a court of competent jurisdiction
11 determines that the extension granted by St. Lucie County were not legally
12 granted, or in the event that the extension is subsequently revoked based on the
13 constitutional challenge to the Act.
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is 7. This statutory extension is exclusive of and runs concurrently with any request for
~6 approval extension that may be provided by the St Lucie County Land
Development Code. Any Land Development Code extension must be applied for,
is reviewed and approved in accordance with the provisions of the Land
19 Development Code.
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21 NOW, THEREFORE, BE IT ORDERED by the St. Lucie county Growth Management
22 Director for County Commissioners of St. Lucie County, Florida:
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24 A. Pursuant to the provisions of the "Community Renewal Act" of 2009, the
z5 Preliminary Planned Unit Development Site Plan approval for the project to be
26 known as Hunter's Run has been found to be eligible for and consistent with the
z~ provisions contained in Section 14 of SB 360 such that the approval granted
2a under that Resolution is extended for two years from its scheduled expiration
29 date of May 15, 2009 and shall now expire May 15, 2011.
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31 B. All terms and conditions of Resolution No. 07-022, shall continue to remain in full
32 force and effect unless otherwise amended.
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34 C. In the event that a court determines that the Act is unconstitutional, the extension
35 granted by this order shall become null and void.
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37 D. The property on which this development order extension is being granted is
3 s described as follows:
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4o ALL THAT PART OF THE WEST 3/a OF SECTION 32, TOWNSHIP 36 SOUTH, RANGE 3H
41 EAST, ST. LUCIE COUNTY, FLORIDA, LYING AND BEING NORTH OF THE FOLLOWING
42 DESCRIBED LINE:
File No.: PUD 05-019/RZ-05-015 GM Order 10-005
January 25, 2010 Page 2
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2 BEGIN 30 FEET EAST OF THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE, RUN
3 NORTHEASTERLY ALONG THE CENTERLINE OF CANAL TO A POINT 66 FEET NORTH OF THE
4 SOUTHEAST CORNER OF SAID SECTION 32, LESS AND EXCEPTING THE FOLLOWING:
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6 1. THE NORTHWEST ~/a OF THE NORTHEAST ~/a OF SECTION 32;
7 2. THE WEST 100 FEET THEREOF FOR COUNTY ROAD RIGHT-OF-WAY;
8 3. THAT CERTAIN 20-ACRE PARCEL IN THE NORTHWEST CORNER THEREOF,
9 HERETOFORE CONVEYED TO ROAN H. KELLY, .1R. AND CAROL E. KELLY, HIS WIFE, BY
to WARRANTY DEED DATED SEPTEMBER 3, 1976, RECORDED IN O.R. BOOK 257, PAGE
11 541, of THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND BEING MORE
12 PARTICULARLY DESCRIBED AS FOLLOWS:
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14 BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SECTION 32, TOWNSHIP 36
15 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, AND THE EAST RIGHT-OF-WAY
16 LINE OF GERMANY CANAL ROAD; THENCE, RUN SOUTH 89°45'08" EAST, ALONG THE
17 NORTH LINE OF SECTION 32, A DISTANCE OF 1,320 FEET; THENCE RUN SOUTH
i8 01°37'23" EAST PARALLEL TO THE SAID EAST RIGHT-OF-WAY OF GERMANY CANAL
19 ROAD, A DISTANCE OF 660.35 FEET; THENCE RUN NORTH 89°45'05" WEST, 1320.00
20 FEET TO THE SAID EAST RIGHT-OF-WAY; THENCE, RUN NORTH 01°37'23" WEST A
21 DISTANCE OF 660.35 FEET TO THE POINT OF BEGINNING.
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23 TOGETHER WITH RIGHTS IN AND TO THE FOLLOWING:
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25 NON-EXCLUSIVE EASEMENTS FOR ROADS AND CANALS HERETOFORE GRANTED OVER
26 AND UPON THE LANDS DESCRIBED BY INSTRUMENTS APPEARING AMONG THE PUBLIC
27 RECORDS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: O.R. BOOK 12, PAGES 513,
2 a 522, AND 534; O.R. BOOK 28, PAGES 633 - 639; O.R. BOOK 36, PAGE 132; AND A
29 RECIPROCAL DECLARATION OF EASEMENT AND JOINT USE AGREEMENT RECORDED IN
3 o O.R. BooK 707, PAGE 2113.
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32 CONTAINING 406.812 ACRES, MORE OR LESS.
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34 LOCATION: EAST SIDE OF GERMANY CANAL ROAD, APPROXIMATELY 2 MILES
35 SOUTHWEST OF THE INTERSECTION OF CARLTON ROAD AND GERMANY CANAL ROAD.
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37 E. The conditions set forth in Part B are an integral non severable part of the site
3a plan approval granted by Resolution No. 07-022. If any condition set forth in Part
39 B is determined to be invalid or unenforceable for any reason and the developer
4o declines to comply voluntarily with that condition, this development order
41 extension approval granted by this resolution shall become null and void.
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File No.: PUD 05-019/RZ-05-015 GM Order 10-005
January 25, 2010 Page 3
i F. The St. Lucie County Growth Management Director is hereby authorized and
2 directed to cause notation of this Order to be made on the Official Zoning Map of
3 St. Lucie County Florida and to make notation of reference to the date of
4 adoption of this Resolution.
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6 G. This order shall be recorded in the Public Records of St. Lucie County.
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a ORDER effective the 25th day of January, 2010.
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to GROWTH MANAGEMENT DIRECTOR
11 ST. LUCIE COUNTY, FLORIDA
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i5 BY
16 Mark Satt ee, AI P
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is APPROVED AS TO FORM
i9 AND CORRECTNESS:
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24 ounty Attor y
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27 LAP
28 G:\Planning\PROJECT FILES\Hunter's Run PUD_RZ 05-019\SB 360\GMOrder 10-005.S6360.docX
File No.: PUD 05-019/RZ-05-015 GM Order 10-005
January 25, 2010 Page 4