HomeMy WebLinkAboutPDS-10-024 - Fort Pierce Mosque PNRD - SB 1752 Extension ~ PDS NO. 10-024
a (File No. BCC 1020104147)
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5 AN ORDER GRANTING A TWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY SENATE BILL 1752 TO THE
~ SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY
s APPROVED PLANNED NON RESIDENTIAL DEVELOPMENT
9 SITE PLAN FOR THE PROJECT KNOWN AS FORT PIERCE
io MOSQUE PNRD.
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i3 WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
i4 the request for development order extension timely submitted and in accordance with the
i5 provisions of Senate Bill 1752 on behalf of North American Islamic Trust, and has made the
i6 following determinations:
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is 1. On, February 17, 2009, the St. Lucie County Board of County Commissioners granted
i9 approval, through Resolution No. 09-023, to the petition of North American Islamic Trust,
ao for the Planned Non Residential Development Site Plan approval for the project known
ai as Fort Pierce Mosque PNRD, on property located on the west side of Sunrise
aa Boulevard, approximately 180 feet south of the intersection of Bell Avenue and Sunrise
a3 Boulevard and more particularly described in Part D below.
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as 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").
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z s 3. The Bill provides that in recognition of the 2009 real estate market conditions, any local
z9 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
3 i renewed for a period of two (2) years following its date of expiration.
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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.
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3 s 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.
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4a 6. This e~ension 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
File No.: BCC 1020104147 PDS Order No. 10-024
December 3, 2010 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1
SAINT LUCIE COUNTY
FILE # 3541847 12/10/2010 ai 11:11 AM
OR BOOK 3252 PAGE 2566 - 2568 Doc Type: ORD
RECORDING: $27.00
i competent jurisdiction determines that the extension granted by St. Lucie County were
a not legally granted or in the event that the extension is subsequently revoked based on a
3 constitutional challenge.
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s 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, reviewed and
s approved in accordance with the provisions of the Land Development Code.
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lo NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
ii Services Director for County Commissioners of St. Lucie County, Florida:
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i3 A. Pursuant to the provisions of the "Jobs for Florida" Bill of 2010, the Planned Non
i4 Residential Development Site Plan approval for the project known as Fort Pierce
is Mosque PNRD has been found to be eligible for and consistent with the provisions
i6 contained in Section 46 of SB 1752 such that the approval granted under Resolution No.
i~ 09-023 is extended for two years and shall now expire February 17, 2013.
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i9 B. All terms and conditions of Resolution No. 09-023, shall continue to remain in full force
a o and effect unless otherwise amended.
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aa C. In the event that court determines that the Bill is unconstitutional, the extension granted
z3 by this order shall become null and void.
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as D. The property on which this development order extension is being granted is described as
a 6 follows:
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as COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE
a9 NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST.
3o LUCIE COUNTY, FLORIDA, RUN THENCE S.89°34'47"E., ALONG THE NORTH LINE
3i OF SAID SECTION 33, A DISTANCE OF 794.48 FEET TO THE POINT OF
3a BEGINNING; THENCE RUN N.89°34'47"W., ALONG THE NORTH LINE OF SAID
33 SECTION 33, A DISTANCE OF 369.85 FEET; THENCE S.00°25'13"W., AT RIGHT
34 ANGLES TO THE LAST DESCRIBED LINE A DISTANCE OF 370.00 FEET; THENCE
35 RUN S.89°34'47"E., PARALLEL WITH THE NORTH LINE OF SAID SECTION 33, A
36 DISTANCE OF 617.80 FEET TO THE WEST LINE OF A 60.00 FOOT RIGHT-OF-WAY
3~ FOR SUNRISE BOULEVARD; THENCE RUN N.33°24'28"W, ALONG SAID RIGHT-
3s OF-WAY, A DISTANCE OF 445.38 FEET TO THE POINT OF BEGINNING; LESS AND
39 EXCEPTING THE FOLLOWING THEREFROM:
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4i 1. THE NORTH 45.00 FEET FOR ROAD RIGHT-OF-WAY.
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43 2. THE PARCEL OF LAND DESCRIBED AS: COMMENCING AT THE NORTHWEST
44 CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 33,
45 TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE
46 RUN S.89°34'47"E., ALONG THE NORTH LINE OF SAID SECTION 33, A DISTANCE
4~ aF 794.48 FEET TO THE POINT OF BEGINNING; THENCE RUN N.89°34'47"W.,
File No.: BCC 1020104147 PDS Order No. 10-024
December 3, 2010 Page 2
i ALONG THE NORTH LINE OF SAID SECTION 33, A DISTANCE OF 169.85 FEET;
2 THENCE RUN S.00°25'13"W., AT RIGHT ANGLES TO THE LAST DESCRIBED LINE;
3 A DISTANCE OF 195.00 FEET; THENCE RUN S.89°34'47"E., PARALLEL WITH THE
4 NORTH LINE OF SAID SECTION 33, A DISTANCE OF 300.52 FEET, TO THE WEST
s LINE OF A 60.00 FEET RIGHT-OF-WAY FOR SUNRISE BOULEVARD; THENCE RUN
6 N.33°24'28"W., ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 234.74 FEET TO THE
~ POINT OF BEGINNING, LESS AND EXCEPTING THE NORTH 45.00 FEET FOR
s ROAD RIGHT-OF-WAY.
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i o Parcel I D# 2433-211-0001-010/4
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ia (Location: west side of Sunrise Boulevard, approximately 180 feet south of the
i3 intersection of Bell Avenue and Sunrise Boulevard.)
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i5 E. The conditions set forth in Part B are an integral non severable part of the site plan
i6 approval granted by Resolution No. 09-023. If any condition set forth in Part B is
i~ determined to be invalid or unenforceable for any reason and the developer declines to
is comply voluntarily with that condition, this development order extension approval
i9 granted by this resolution shall become null and void.
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ai F. This order shall be recorded in the Public Records of St. Lucie County.
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a3 ORDER effective the 3~d day of December, 2010.
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26 PLANNING & DEVELOPMENT SERVICES DIRECTOR
a~ ST. LUCIE COUNTY, FLORIDA
as
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31 BY
32 Mark Satterlee, AICP
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35 APPROVED AS TO FORM
36 AND CORRECTNESS:
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41 County Atto e
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48 G:\Planning\PROJECT FILES\Fort Pierce Mosque BCC 1020104147
File No.: BCC 1020104147 PDS Order No. 10-024
December 3, 2010 Page 3