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HomeMy WebLinkAboutPDS-12-005 - Prayer Tower Amending Resolution No. 10-1061 PDS 12-005 2 File No: BCC -1220114370 3 4 AN ORDER OF THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR 5 GRANTING APPROVAL FOR A MINOR ADJUSTMENT TO A PLANNED NON 6 RESIDENTIAL DEVELOPMENT KNOWN AS PRAYER TOWER AMENDING 7 RESOLUTION NO. 10-106. 8 9 WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the to request for minor adjustment to a Planned Non Residential Development on behalf of Pastor 11 Jimmie Nettles and made the following determinations: 12 13 1. On August 17, 2010, the Board of County Commissioners approved the petition of Prayer 14 Tower International, Inc. for a Planned Non Residential Development to allow a religious 15 facility consisting of a 5,500 square foot building within the PNRD Zoning District. 16 17 2. Through Resolution No. 10-106, the Board of County Commissioners granted approval of 18 Prayer Tower Planned Non Residential Development anon-profit religious organization 19 that provides a place of worship and outreach to the community while trying to fund the 20 construction of their own building in an especially difficult economic time. 21 22 3. Resolution No. 10-106 included conditions of approval for the provision of required road 2 3 right of way and afee-in-lieu of construction for sidewalks on Jefferson Parkway. At this 24 time there is no plan to construct the undeveloped right of way for Jefferson Parkway. 25 26 4. The petitioner, Prayer Tower International, Inc. is now seeking approval for a minor 2 7 adjustment to the previously approved Planned Non Residential Development to amend 28 the conditions of approval set forth in Part B of Resolution No. 10-106. 29 30 5. The project is consistent with the general purpose, goals, objectives, and standards of 31 the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development 32 Code. 33 34 6. The project will not have an undue adverse effect on adjacent property, the character of 35 the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the 36 public health, safety, and general welfare. 37 38 7. All reasonable steps have been taken to minimize any adverse effect of the proposed 39 project on the immediate vicinity through building design, site design, landscaping, and 4 o screening. 41 42 8. The project will be constructed, arranged, and operated so as not to interfere with the 4 3 development and use of neighboring property, in accordance with applicable district 4 4 regulations. 45 4 6 9. The project will be served by adequate public facilities and services. File No.: BCC 1220114370 PDS 12-005 January 11, 2012 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1 SAINT LUCIE COUNTY FILE # 3666036 01/19/2012 at 09:50 AM OR BOOK 3356 PAGE 4 - 7 Doc Type: ORD RECORDING: $35.50 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 10. On August 3, 2010, Certificate of Capacity No. 2862 was granted. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.05(E) of the St. Lucie County Land Development Code, a minor adjustment to the Planned Non Residential Development for Prayer Tower International, Inc. shall be amended, subject to the following conditions: 1. All previous conditions of approval applicable to the subject property, as contained in Resolution No. 10-106 have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines previously established by Chapter 11 of the LDC and the Board of County Commissioners, unless expressly modified herein. 2. Condition B-1 of Resolution No. 10-106, remains. No clearing or other site work shall commence until after constructible engineering plans have been approved by the County engineer and all county environmental permits have been issued by Environmental Resources Department pursuant to Section 11.02.08(8)(7) of the St. Lucie County Land Development Code. As of this date of issuance of this Development Order, no constructible site development plans have been submitted for review. No work shall commence after the issuance of environmental permits by county, or of any other permits by any other agency, until the County Engineer has approved the constructible site plans. 3. Condition B-2 of Resolution No. 10-106, remains. Pursuant to Section 11.02.08(8)(6) of the St. Lucie County Land Development Code, no work shall commence on the site until all regulatory permits required from Federal, State and regional agencies and special districts have been issued. The Florida Department of Environmental Protection, national Pollutant Discharge and Elimination System compliance notice must be submitted to the County Engineer with the constructible site plan at the time of building permit application or during permit review or no paving, grading, and drainage permit and no building permit shall be issued. All National Pollutant Discharge and Elimination System Best Management Practices shall be instituted on the site prior to site clearing and maintained daily. Stormwater ponds shall be roughed in at the same time the site is cleared of groundcover. 4. Condition B-3 of Resolution No. 10-106, is hereby amended. Prior to issuance of a building ep rmit the applicant shall convey the required road right of way for Jefferson Parkway. Manner and form of conveyance shall be acceptable to the County Attorney. The sketch and legal description shall be prepared by a Florida licensed surveyor and mapper. Pursuant to Ghapter 7.05.03 of the St. Lucie County Land Development Code, the applicant may be granted credits against road impact fees. File No.: BCC 1220114370 January 11, 2012 PDS 12-005 Page 2 5. Condition B-4 of Resolution No. 10-106, is hereby amended. 2 3 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Prior to issuance of a building ermi the applicant shall execute an agreement to pay afee-in-lieu of construction for sidewalks ormulti-purpose paths and remit to the County the required funds. The acceptable method of payment shall be a certified check payable to St. Lucie County. A copy of the standard "Agreement" can be obtained by visiting the St. Lucie County Public Works Department website at: http://www.stlucieco.qov/publicworks/index.htm or contact Ron Harris, County Surveyor at 462-1721. Chapter 7.05 requires that all new developments within the urban service boundary shall construct concrete sidewalks adjacent to all roadways public or private. 6. Condition B-5 of Resolution No. 10-106, remains. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall obtain and provide the Environmental Resources Department with copies of any required federal and state permits. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval as required by the Land Development Code. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. 7. Condition B-6 of Resolution No. 10-106, remains. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an improvement agreement acceptable to the Environmental Resources Department (ERD) covering the cost to purchase and install all required landscaping, irrigation, and related improvements shown in the approved landscaping plan. A copy of this agreement can be obtained by visiting the St. Lucie County ERD website at: http://www.stlucieco.org/erd/index.htm. B. The property on which this minor adjustment for Planned Non Residential Development 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 File No.: BCC 1220114370 January 11, 2012 PDS 12-005 Page 3 1 2 3 4 5 6 7 s 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Location: West side of North 25th Street, approximately 1,200 feet south of the intersection of St. Lucie Blvd and North 25th Street. C. The approvals granted by this administrative order shall remain for the purpose of obtaining a Certificate of Occupancy on this property. D. The minor adjustment approval granted under this order is specifically conditioned to the requirement that the petitioner, Prayer Tower International, Inc. including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities including, but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. The conditions set forth in Part A are an integral nonseverable part of the minor adjustment approval granted by this Development Order. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. F. This order shalt be recorded in the Public Records of St. Lucie County. ORDER effective the 11th day of January, 2012. PLANNING & DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY ~ ~ ~~~'v`' Mark Satterlee, AIC Director LAP G:\Planning\PROJECT FILES\Prayer Tower BCC 1220114370\PDS Order 12-005 File No.: BCC 1220114370 January 11, 2012 PDS 12-005 Page 4 APPROVED AS TO FORM