HomeMy WebLinkAboutPDS-10-028 - Sedona PUD - SB 1752 Extension1
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PDS NO. 10-028
(File No. BCC 1020104155)
AN ORDER GRANTING A TWO-YEAR STATUTORY
EXTENSION PROVIDED BY SENATE BILL 1752 TO THE
SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY
APPROVED PLANNED UNIT DEVELOPMENT SITE PLAN
FOR THE PROJECT KNOWN AS SEDONA PUD.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
the request for development order extension timely submitted and in accordance with the
provisions of Senate Bill 1752 on behalf of Home Dynamics Sedona, LLC and has made the
following determinations:
1. On, December 8, 2009, the St. Lucie County Board of County Commissioners granted
approval, through Resolution No. 09-213, to the petition of Home Dynamics Sedona,
LLC, for the Planned Unit Development Site Plan approval for the project known as
Sedona PUD, on property located on the southwest corner of the intersection of
Edwards Road and South 25th Street, and more particularly described in Part D below.
2. On, May 28, 2010, Florida Governor Charlie Crist, signed into law, Chapter 2010-147,
Laws of Florida, more commonly known as the "Jobs for Florida" Bill (the "Bill").
3. The Bill provides that in recognition of the 2009 real estate market conditions, any local
government issued development order or permit that has an expiration date of
September 1, 2008 through January 1, 2012, may be eligible to be extended and
renewed for a period of two (2) years following its date of expiration.
4. The Bill further provides that the request for statutory extension must be timely made in
writing by December 31, 2010; identify the specific authorization for which the extension
is requested, the intended use of the extension and the anticipated time frame for acting
on the authorization.
5. Further, pursuant to the Bill, the request for statutory extension must be reviewed by
Planning and Development Services staff and found not to be in significant
noncompliance with the original St. Lucie County development order granting approval.
6. This extension is granted pursuant to Chapter 2010-147, and St. Lucie County Board of
County Commissioners' good faith interpretation of SB 1752. By accepting this
extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
competent jurisdiction determines that the extension granted by St. Lucie County were
not legally granted or in the event that the extension is subsequently revoked based on a
constitutional challenge.
File No.: BCC 1020104155 PDS Order No. 10-028
December 3, 2010 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1
SAINT LUCIE COUNTY
FILE # 3541819 12110!2010 at 11:05 AM
OR BOOK 3252 PAGE 2464 - 2466 Doc Type: ORD
RECORDING: $27.00
7. This statutory extension is exclusive of and runs concurrently with any request for
approval extension that may be provided by the St Lucie County Land Development
Code. Any Land Development Code extension must be applied for, reviewed and
approved in accordance with the provisions of the Land Development Code.
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NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director for County Commissioners of St. Lucie County, Florida:
A. Pursuant to the provisions of the "Jobs for Florida" Bill of 2010, the Planned Unit
Development Site Plan approval for the project known as Sedona PUD has been found
to be eligible for and consistent with the provisions contained in Section 46 of SB 1752
such that the approval granted under GM-10-003 subsequent to SB 360 is extended for
two years and is scheduled to expire on October 17, 2012 shall now expire on October
17, 2014.
B. All terms and conditions of Resolution No. 09-213, shall continue to remain in full force
and effect unless otherwise amended.
C. In the event that court determines that the Bill is unconstitutional, the extension granted
by this order shall become null and void.
D. The property on which this development order extension is being granted is described as
follows:
A PORTION OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE
1/4) OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST, DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH
89°59'07" WEST, ALONG THE NORTH LINE OF SAID SECTION 29, A DISTANCE OF 80.00
FEET; THENCE SOUTH 00°06'35" EAST, A DISTANCE OF 60.00 FEET, TO THE POINT OF
BEGINNING; THE FOLLOWING FIVE (5) COURSES ARE ALONG THE WEST RIGHT-OF-WAY
LINE OF HAWLEY ROAD (SOUTH 25th STREET): THENCE CONTINUE SOUTH 00°06'35"
EAST, A DISTANCE OF 479.64 FEET; THENCE SOUTH 07°56'16" WEST, A DISTANCE OF
75.76 FEET; THENCE SOUTH 00°37'50" EAST, A DISTANCE OF 57.42 FEET; THENCE
SOUTH 11°56'23" EAST, A DISTANCE OF 49.19 FEET; THENCE SOUTH 00°06'35" EAST, A
DISTANCE OF 608.04 FEET; THENCE SOUTH 89°19'20" WEST, ALONG THE SOUTH LINE
OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID
SECTION 29, A DISTANCE OF 1221.26 FEET; THENCE NORTH 00°07'41" EAST, ALONG THE
EAST RIGHT-OF-WAY OF THE NORTH ST. LUCIE RIVER WATER MANAGEMENT DISTRICT
CANAL, ALSO BEING A LINE PARALLEL WITH AND 25 FEET EAST OF, AS MEASURED AT
RIGHT ANGLES TO THE WEST LINE OF THE NORTHEAST QUARTER (NE 1/4) OF THE
NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 29, A DISTANCE OF 1207.79 FEET, TO
A POINT ON A CURVE AT WHICH A RADIAL LINE BEARS NORTH 18°59'27" WEST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, ALSO BEING THE
SOUTH RIGHT-OF-WAY LINE OF EDWARDS ROAD, HAVING A RADIUS OF 1372.58 FEET
AND A CENTRAL ANGLE OF 18°58'34", AN ARC DISTANCE OF 454.59 FEET TO THE POINT
OF TANGENCY; THENCE NORTH 89°59'07" EAST, ALONG SAID SOUTH RIGHT-OF-WAY
LINE, A DISTANCE OF 769.74 FEET TO THE POINT OF BEGINNING.
File No.: BCC 1020104155
December 3, 2010
PDS Order No. 10-028
Page 2
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SAID LANDS SITUATE, LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA
Parcel ID No.: 2429-111-0001-0001, 2429-111-0003-0005 and 2429-111-0002-0008
(Location: Southwest corner of the intersection of Edwards Road and South 25tH
Street.)
E. The conditions set forth in Part B are an integral non severable part of the site plan
approval granted by Resolution No. 09-213. If any condition set forth in Part B 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.
F. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 3~d day of December, 2010.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Mark Satt ee, AICP
Lap
G:\Planning\PROJECT FILES\Sedona (FKA Frontera) PUD\BCC 1020104155 Sedona SB 1752
File No.: BCC 1020104155
December 3, 2010
PDS Order No. 10-028
Page 3
APPROVED AS TO FORM
AND CORRECTNESS: