HomeMy WebLinkAboutPDS-12-006 - Prayer Tower - Chapter 2011-139 ExtensionJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3666035 01/19/2012 at 09:50 AM
OR BOOK 3356 PAGE 1 - 3 Doc Type: ORD
RECORDING: $27.00
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PDS NO. 12-006
(File No. BCC 1220114370)
AN ORDER GRANTING AN ADDITIONAL TWO-YEAR
STATUTORY EXTENSION PROVIDED BY CHAPTER 2011-
139, LAWS OF FLORIDA TO THE SCHEDULED
EXPIRATION DATE TO THE PREVIOUSLY APPROVED
PLANNED NON RESIDENTIAL DEVELOPMENT FOR THE
PROJECT KNOWN AS PRAYER TOWER.
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 Chapter 2011-139, Laws of Florida and has made the following determinations:
1. On, August 17, 2010, the St. Lucie County Board of County Commissioners granted
approval, through Resolution No. 10-106 to the petition of Prayer Tower International,
Inc. submitted by Pastor Jimmie Nettles for the Planned Non Residential Development
approval for the project known as Prayer Tower, on property located on the west side of
North 25"' Street and more particularly described in Part D below.
2. On, July 1, 2011, Florida Governor Rick Scott, signed into law, Chapter 2011-139, Laws
of Florida, more commonly known as the "Community Planning Act" Bill (the "Bill").
3. The Bill provides that any local government issued development order or permit that was
extended under Section 14 of Chapter 2009-96, Laws of Florida, as reauthorized by
Section 46 of Chapter 2010-147, Laws of Florida, may be eligible to be extended and
renewed for an additional period of two years after its previously scheduled expiration
date and shall not be extended beyond a total of four years.
4. The Bill provides that in recognition of the 2011 real estate market conditions, any local
government issued development order or permit that has an expiration date of January
1, 2012 through January 1, 2014, may be eligible to be extended and renewed for a
period of two (2) years following its date of expiration.
5. The Bill further provides that the request for statutory extension must be timely made in
writing by December 31, 2011; 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.
6. 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.
File No.: BCC 1220114370 PDS Order No. 12-006
January 11, 2012 Page 1
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7. The applicant applied for an extension on December 16, 2011.
8. This extension is granted pursuant to Chapter 2011-139, and St. Lucie County Board of
County Commissioners' good faith interpretation of the Bill. 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.
9. 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.
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director:
A. Pursuant to the provisions of the Bill, the Planned Non Residential Development
approval for the project known as Prayer Tower has been found to be eligible for and
consistent with the provisions contained in Section 79 of the Bill such that the approval
granted under Resolution No. 10-106 is extended for two years and that was scheduled
to expire on August 17, 2012 shall now expire on August 17, 2014.
B. All terms and conditions of Resolution No. 10-106 shall continue to remain in full force
and effect unless otherwise amended.
C. In the event that a 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:
LEGAL DESCRIPTION:
LOTS 5 AND 6, BLOCK 30, SAN LUCIE PLAZA SUBDIVISION, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 57 OF THE PUBLIC
RECORDS OF ST LUCIE COUNTY, FLORIDA
TOGETHER WITH;
SAN LUCIE PLAZA SUBDIVISION UNIT ONE, BLOCK 30, LOTS 17, 18, 19, 20, 21, 22,
23, & 24 AND SOUTH 1/2 OF VACATED HAWTHORNE ROAD ADJACENT ON THE
NORTH.
Property Tax ID# 1428-702-0501-000/4 & 1428-702-0513-000/1
Location: West side of North 25"' Street, approximately 1,200 feet south of the
intersection of St. Lucie Blvd and North 25~' Street.
File No.: BCC 1220114370
January 11, 2012
PDS Order No. 12-006
Page 2
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E. The conditions set forth in Part B are an integral non severable part of the site plan
approval granted. 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.
This ORDER is effective the 11 cn day of January, 2012.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
~~~
BY
Mark Satterlee, AICP
Lap
G:\Planning\PROJECT FILES\Prayer Tower BCC 120114370\PDS Order 12-006
File No.: BCC 1220114370
January 11, 2012
PDS Order No. 12-006
Page 3
APPROVED AS TO FORM
AND CORRECTNESS: