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Home My WebLink AboutPDS-10-036 - Hunter's Run - SB 1752 Extension JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3546338 12/29/2010 at 01:4q PM OR BOOK 3256 PAGE 1841 - 1843 Doc Type: ORD RECORDING: $27.00 1 PDS NO. 10-036 a (File No. BCC 1220104206) 3 4 5 AN ORDER GRANTING A TWO-YEAR STATUTORY 6 EXTENSION PROVIDED BY SENATE BILL 1752 TO THE ~ SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY a APPROVED PRELIMINARY PLANNED UNIT 9 DEVELOPMENT SITE PLAN FOR THE PROJECT KNOWN io AS HUNTER'S RUN. iz WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed i3 the request for development order extension timely submitted and in accordance with the i4 provisions of Senate Bill 1752 on behalf of Riverview Developers, Inc. and Royal Professional ls Builders and has made the following determinations: 16 i~ 1. On, May 15, 2007, the St. Lucie County Board of County Commissioners granted ia approval, through Resolution No. 07-022, to the petition of Riverview Developers, Inc. i9 and Royal Professional Builders, for the Preliminary Planned Unit Development Site a o Plan approval for the project known as Hunter's Run, on property located on the east ai side of Germany Canal Road, approximately 2 miles southwest of the intersection of aa Carlton Road and Germany Canal Road, and more particularly described in Part D a 3 below. 24 a5 2. On, May 28, 2010, Florida Governor Charlie Crist, signed into law, Chapter 2010-147, a6 Laws of Florida, more commonly known as the "Jobs for Florida" Bill (the "Bill"). a~ as 3. The Bill provides that in recognition of the 2009 real estate market conditions, any local a 9 government issued development order or permit that has an expiration date of 3 o September 1, 2008 through January 1, 2012, may be eligible to be extended and 3i renewed for a period of two (2) years following its date of expiration. 32 33 4. The Bill further provides that the request for statutory extension must be timely made in 34 writing by December 31, 2010; identify the specific authorization for which the extension 35 is requested, the intended use of the extension and the anticipated time frame for acting 36 on the authorization. 37 3s 5. Further, pursuant to the Bill, the request for statutory extension must be reviewed by 39 Planning and Development Services staff and found not to be in significant 4o noncompliance with the original St. Lucie County development order granting approval. 41 4a 6. This extension is granted pursuant to Chapter 2010-147, and St. Lucie County Board of 43 County Commissioners' good faith interpretation of SB 1752. By accepting this 44 extension, the applicant agrees to hold St. Lucie County harmless in the event a court of 45 competent jurisdiction determines that the extension granted by St. Lucie County were File No.: BCC 1220104206 PDS Order No. 10-036 December 21, 2010 Page 1 i not legally granted or in the event that the e~ension is subsequently revoked based on a a constitutional challenge. 3 4 7. This statutory extension is exclusive of and runs concurrently with any request for 5 approval extension that may be provided by the St Lucie County Land Development 6 Code. Any Land Development Code extension must be applied for, reviewed and ~ approved in accordance with the provisions of the Land Development Code. s 9 NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development io Services Director for County Commissioners of St. Lucie County, Florida: il la A. Pursuant to the provisions of the "Jobs for Florida" Bill of 2010, the Preliminary Planned i3 Unit Development Site Plan approval for the project known as Hunter's Run has been i4 found to be eligible for and consistent with the provisions contained in Section 46 of SB is 1752 such that the approval granted under GM 10-005 subsequent to SB 360 is i6 extended for two years and that was scheduled to expire on May 15, 2011 shall now i~ expire on May 15, 2013. 18 i9 B. All terms and conditions of Resolution No. 07-022, shall continue to remain in full force a o and effect unless otherwise amended. ai aa C. In the event that the Bill is determined to be unconstitutional, the extension granted by a3 this order shall become null and void. 24 zs D. The property on which this development order extension is being granted is described as a 6 follows: a~ 2a All that part of the West 3/4 of Section 32, Township 36 South, Range 38 East, St. Lucie z 9 County, Florida, lying and being North of the following described line: 30 3i Begin 30 feet East of the Southwest corner of said Section 32; thence, run Northeasterly 3a along the centerline of canal to a point 66 feet North of the Southeast corner of said 33 Section 32, less and excepting the following: 34 35 1. The Northwest'/4 of the Northeast %4 of Section 32; 36 2. The west 100 feet thereof for county road right-of-way; 3~ 3. That certain 20-acre parcel in the Northwest corner thereof, heretofore conveyed to 3 s Roan H. Kelly, Jr. and Carol E. Kelly, his wife, by Warranty Deed dated September 3, 39 1976, recorded in O.R. Book 257, Page 541, of the Public Records of St. Lucie County, 4 o Florida, and being more particularly described as follows: 41 4a Beginning at the intersection of the North line of Section 32, Township 36 South, Range 43 38 East, St. Lucie County, Florida, and the East right-of-way line of Germany Canal 44 Road; thence, run South 89°45'08" East, along the North line of Section 32, a distance of 45 1,230 feet; thence run South 01°37'23" East parallel to the said East right-of-way of 46 Germany Canal Road, a distance of 660.35 feet; thence run North 89°45'05" West, 4~ 1320.00 feet to the said East right-of-way; thence, run North 01°37'23" West a distance File No.: BCC 1220104206 PDS Order No. 10-036 December 21, 2010 Page 2 i of 660.35 feet to the Point of Beginning. z 3 Together with rights in and to the following: 4 s Non-exclusive easements for roads and canals heretofore granted over and upon the 6 lands described by instruments appearing among the Public Records of St. Lucie ~ County, Florida, as follows: O.R. Book 12, Pages 513, 522, and 534; O.R. Book 28, a Pages 633 - 639; O.R. Book 36, page 132; and a Reciprocal Declaration of Easement 9 and Joint Use Agreement recorded in O.R. Book 707, Page 2113. io ii Containing 406.812 acres, more or less. iz i3 E. The conditions set forth in Part B are an integral non severable part of the site plan i4 approval granted by Resolution No. 07-022. If any condition set forth in Part B is is determined to be invalid or unenforceable for any reason and the developer declines to i6 comply voluntarily with that condition, this development order extension approval 1~ granted by this development order shall become null and void. is i9 F. This order shall be recorded in the Public Records of St. Lucie County. ao a i ORDER effective the 21 St day of December, 2010. aa 23 PLANNING & DEVELOPMENT SERVICES DIRECTOR 24 ST. LUCIE COUNTY, FLORIDA 25 26 27 2g BY a 9 Mark Sa rlee, A 30 3i APPROVED AS TO FORM AND CORRECTNESS: 32 33 34 n 35 ~ 36 County Attorn 37 38 39 40 41 42 43 44 45 46 47 LAP 48 G:\Planning\PROJECT FILES\Hunter's Run BCC 1220104206 File No.: BCC 1220104206 PDS Order No. 10-036 December 21, 2010 Page 3