HomeMy WebLinkAboutPDS-12-021 - Fort Pierce Mosque PNRD1
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PDS 12-021
File Number: PNRD 820071310
AN ORDER OF THE PLANNING AND DEVELOPMENT
SERVICES DIRECTOR GRANTING APPROVAL FOR AN
AMENDMENT TO RESOLUTION NO. 09-023 FOR THE
PROJECT KNOWN AS FORT PIERCE MOSQUE PNRD.
WHEREAS, the St. Lucie County Planning and Development Services Director has
reviewed the request for minor adjustment to a Planned Non-Residential
Development based on the testimony and evidence, including but not limited to staff
comments, has made the following determinations:
On February 17, 2009 the Board of County Commissioners approved the
petition of Abdul Raoof Shadani, for a change in zoning from the RF
(Religious Facility) Zoning District and the RS-3 (Residential, Single Family -
3 du/acre) Zoning District to the PNRD (Planned Non-Residential
Development) Zoning District and Preliminary/Final PNRD Site Plan for the
project known as Fort Pierce Mosque PNRD.
2. The petitioner is now seeking approval for a minor adjustment to the
previously approved Planned Non-Residential Development known as Fort
Pierce Mosque PNRD amending Resolution No. 09-023.
3. Resolution No. 09-023 included a condition of approval for the provision of an
improvement agreement acceptable to ERD requiring the applicant to post a
bond covering the cost of landscaping should the plantings not be maintained
and remain healthy.
4. In recognition of the especially difi•icult economic time the County is no longer
requiring non-residential developments to provide a bond for covering the
cost of landscaping but in good faith trust that property owners will want to
enhance and maintain a beautification to their project.
5. The proposed project is consistent with the general purpose, goals, objectives
and standards of the St. Lucie County Land Development Code, the St. Lucie
County Comprehensive Plan, and the Code of Ordinances of St. Lucie County.
6. The proposed project will not have an undue adverse effect on adjacent
property, the character of the neighborhood, traffic conditions, parking, utility
facilities or other matters affecting the public health, safety and general welfare.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3690276 04/03/2012 at 12:41 PM PDS Order 12-021
March 22, 2012 OR BOOK 3376 PAGE 2389 - 2395 Doc Type: ORD
Page 1 RECORDING: $61.00 File No.: PNRD820071310
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7. All reasonable steps have been taken to minimize any adverse effect of the
proposed project on the immediate vicinity through building design, site design,
landscaping and screening.
8. The proposed project will be constructed, arranged and operated so as not to
interfere with the development and use of neighboring property, in accordance
with applicable district regulations.
9. The proposed project will be served by adequate public facilities and services.
10. A Certificate of Capacity was granted for this project on September 10, 2008.
NOW, THEREFORE, BE IT ORDERED:
A. Pursuant to Section 11.02.07 of the St. Lucie County Land Development Code, the
Final Planned Non-Residential Development (PNRD) Site Plan known as Fort Pierce
Mosque - A Planned Non-Residential Development, was approved as shown on the
site plan drawings for the project prepared by Speath Engineering dated January 9,
2008 and last revised on January 20, 2009 and date stamped received by the St.
Lucie County Planning & Development Services Director on
January 22, 2009, subject to the amendment of the following conditions:
1. All previous conditions of approval applicable to the subject property, as
contained in Resolution No. 09-023 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. 09-023, remains.
Prior to issuance of a Vegetation Removal Permit or Exemption, please provide
an ERP permit from South Florida Water Management District.
3. Condition B-2 of Resolution No. 09-023, remains.
Prior to issuance of a Vegetation Removal Permit or Exemption, please submit
confirmation from Army Corps of Engineers confirming that the onsite wetland is
not jurisdictional to their agency.
4. Condition B-3 of Resolution No. 09-023, has been satisfied.
Prior to issuance of a Vegetation Removal Permit or Exemption, a revised
landscape plan clarifying inconsistencies between the tabular and graphical
quantities shall be submitted. If these inconsistencies require additional
landscape or mitigation plantings, the revised landscape plan shall provide for
these requirements.
March 22, 2012
Page 2
PDS Order 12-021
File No.: PNRD820071310
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5. Condition B-4 of Resolution No. 09-023, has been satisfied.
Prior issuance of a Vegetation Removal Permit or Exemption, the applicant shall
submit a typical cross section of the proposed perimeter berm and fence,
specifying the slope of the berm shall be no greater than 3:1.
6. Condition B-5 of Resolution No. 09-023, is hereby deleted.
7. Condition B-6 of Resolution No. 09-023, remains.
Prior to the issuance of any permit, the petitioner, their successors or assigns
shall be required to submit an approval letter from the St Lucie County Fire
District.
8. Condition B-7 of Resolution No. 09-023, remains.
Prior to the issuance of any permit, the petitioner, their successors or assigns
shall be required to submit an approval letter from the St Lucie County Health
Department.
9. Condition B-8 of Resolution No. 09-023, remains.
Prior to the issuance of any permit, the petitioner, their successors or assigns
shall be required to submit an approval letter from the South Florida Water
Management District.
10. Condition B-9 of Resolution No. 09-023, remains.
Prior to the issuance of Certificate of Completion the petitioner, their successors
or assigns shall be required to install lighting facilities in such a manner so as to
prevent direct glare or hazardous interference of any kind to adjoining streets or
properties.
11. Condition B-10 of Resolution No. 09-023, remains.
Prior to the issuance of said Development Order, the Planning 8~ Development
Services Director shall determine that all conditions of
approval and applicable code requirements are satisfied and shall:
March 22, 2012
Page 3
PDS Order 12-021
File No.: PNRD820071310
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a. Obtain comments from the appropriate county staff, legal staff, and
other responsible agencies regarding the satisfaction of all
applicable code requirements and conditions of approval.
b. Confer with the County Engineer, Public Works Department,
Environmental Resources Department, and Utilities Department to
determine the number of constructible engineering plans that shall
be required to be submitted for review, and the applicant shall,
following not cation by the Planning & Development Services
Director ,submit the required number of
plans to the Department of Planning & Development Services
for processing, distribution, and final action.
c. Require that a complete set of sealed constructible final
engineering plans, supporting calculations and survey data for the
site work and offsite improvements are approved by the
Engineering Department, the Public Works Department, the Utilities
Department, the Environmental Resources Department, the Growth
Management Department, the Fire Department, and any other
agency that may be determined by the Planning & Development
Services Director to be necessarily
involved in the review and approval of the constructible final
engineering plans for the site work and offsite improvements. The
determination of whether or not plans submitted by the applicant
constitute a complete set of constructible plans shall be made by
the departments involved in the plan review within five business
days of the date the plans are received in the Department of
Planning & Development Services
12. Condition B-11 of Resolution No. 09-023, has been satisfied.
Within 60 days after receiving site plan approval, the petitioner, their
successors or assigns shall be required to convey 10 feet of right of way for
Sunrise Boulevard to St. Lucie County, in a manner and form acceptable to
the St. Lucie County Attorney. A Florida licensed surveyor shall prepare a
sketch and legal descriptions of the right of way donation. Additional
requirements associated with the right of way donation shall include proof of
ownership. To the extent permitted under the County's Code and Compiled
Laws, any such dedication may be considered eligible for Road Impact Fee
Credits.
13. Condition B-12 of Resolution No. 09-023, remains.
The petitioner, their successors or assigns shall provide certain improvements
to roadways, including sidewalks, required to address this projects impacts on
March 22, 2012
Page 4
PDS Order 12-021
File No.: PNRD820071310
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the County's roadway network. The following include, but are not limited to
the improvements required to be provided:
a. Prior to the issuance of any Certificate of Completion, the petitioner, their
successors or assigns shall be required to construct a 6 foot wide
sidewalk along Sunrise Boulevard and Bell Avenue as shown on the site
plan.
14. Condition B-13 of Resolution No. 09-023, remains.
Prior to the issuance of a building permit for this project, the petitioner, their
successors or assigns shall have entered into an enforceable utility service
agreement with the Fort Pierce Utility Authority to ensure the provision of
water services. This agreement shall be in a form consistent with the Fort
Pierce Utility Authority's regulations regarding utility service extensions and
service provisions.
15. Condition B-14 of Resolution No. 09-023, remains.
In no event shall the sanctuary space exceed seven thousand (7,000) square
feet without an approved change to the Final Site Plan.
16. Condition B-15 of Resolution No. 09-023, remains.
The certificate of completion shall be issued with the condition that there shall
be no call to prayer, either by normal voice or amplified sound, outside of the
building.
17. Condition B-16 of Resolution No. 09-023, remains.
Prior to the issuance of any permit, the petitioner, their successors or assigns
shall be required to submit a letter stating that the petitioner, their successors
or assigns shall be responsible for storm-water runoff, that is in excess of the
minimum on-site storage requirements set by the South Florida Water
Management District, be transported to the Platts Creek Storm-water
Attenuation Area via the Sunrise Boulevard system.
18. Condition 8-17 of Resolution No. 09-023, remains.
Prior to the issuance of the Paving or Drainage permits, the petitioner, their
successors or assigns, shall submit to the St. Lucie County Engineer, who
shall utilize his sole discretion to review and approve their proposal for the
design and engineering plans to:
(1). Construct a drainage outfall along Sunrise Boulevard between the
proposed Mosque and Platt's Creek detention pond, using a combination of
open swale andlor piped drainage; or
March 22, 2012
Page 5
PDS Order 12-021
File No.: PNRD820071310
1 (2). Design the stormwater system for the proposed Mosque to retain 100
2 of a 3 day- 100 year storm event onsite, with no outfall required.
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4 B. The property on which this amendment to the Planned Non-Residential
5 Development Site Plan approval is being granted is described as follows:
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7 COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE
8 NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE
9 COUNTY, FLORIDA, RUN THENCE S.89°34'47"E., ALONG THE NORTH LINE OF SAID
10 SECTION 33, A DISTANCE OF 794.48 FEET TO THE POINT OF BEGINNING; THENCE
11 RUN N.89°34'47"W., ALONG THE NORTH LINE OF SAND SECTION 33, A DISTANCE OF
12 369.85 FEET; THENCE S.00°25'13"W., AT RIGHT ANGLES TO THE LAST DESCRIBED
13 LINE A DISTANCE OF 370.00 FEET; THENCE RUN S.89°34'47"E., PARALLEL WITH
14 THE NORTH UNE OF SAID SECTION 33, A DISTANCE OF 617.80 FEET TO THE WEST
15 LINE OF A 60.00 FOOT RIGHT-OF--WAY FOR SUNRISE BOULEVARD; THENCE RUN
16 N.33°24'28"W, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 445.38 FEET TO THE
17 POINT OF BEGINNING; LESS AND EXCEPTING THE FOLLOWING THEREFROM:
18 1. THE NORTH 45.00 FEET FOR ROAD RIGHT-OF-WAY.
19 2. THE PARCEL OF LAND DESCRIBED AS: COMMENCING AT THE NORTHWEST
20 CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 33,
21 TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE RUN
22 S.89°34'47"E., ALONG THE NORTH LINE OF SAND SECTION 33, A DISTANCE OF 794.48
23 FEET TO THE POINT OF BEGINNING; THENCE RUN N.89°34'47"W., ALONG THE
24 NORTH LINE OF SAID SECTION 33, A DISTANCE OF 169.85 FEET; THENCE RUN
25 S.00°25'13"W., AT RIGHT ANGLES TO THE LAST DESCRIBED LINE; A DISTANCE OF
26 195.00 FEET; THENCE RUN S.89°34'47"E., PARALLEL WITH THE NORTH LINE OF
27 SAID SECTION 33, A DISTANCE OF 300.52 FEET, TO THE WEST LINE OF A 60.00 FEET
28 RIGHT-OF WAY FOR SUNRISE BOULEVARD; THENCE RUN N.33°24'28"W., ALONG
29 SAID RIGHT-OF-WAY, A DISTANCE OF 234.74 FEET TO THE POINT OF BEGINNING,
30 LESS AND EXCEPTING THE NORTH 45.00 FEET FOR ROAD RIGHT-OF-WAY.
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32 Parcelld: 2433-211-0001-010/4
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34 location:West side of Sunrise Boulevard, approximately 180 feet south of
35 the intersection of Bell Avenue and Sunrise Boulevard, St. Lucie County,
36 Florida.
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38 C. The Final Planned Non-Residential Development (PNRD) Site Plan approval sly
39 ,pursuant to the provisions of the "Jobs of Florida" Bill
40 of 2010 shall expire on February 17, 2013, unless a building permit is issued or an
41 extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County
42 Land Development Code.
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44 D. The Final Planned Non-Residential Development Site Plan (PNRD) approval
45 granted under Resolution No. 09-023 is specifically conditioned to the requirement
46 that the petitioner, Abdul Raoof Shadani, including any successors in interest, shall
47 obtain all necessary development permits and construction authorizations from the
48 appropriate State and Federal regulatory authorities, including but not limited to the
49 United States Army Corps of Engineers, the Florida Department of Environmental
50 Protection, and the South Florida Water Management District, prior to the issuance
March 22, 2012 PDS Order 12-021
Page 6 File No.: PNRD820071310
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of any local building permits of authorization 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 site plan
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
development order shall become null and void.
F. A copy of this Order shall be attached to the site plan drawings described in Part A.
which plan shall be placed on file with the St. Lucie County Planning and
Development Services Director and mailed, return receipt requested to the
developer and agent.
G. The certificate of Capacity, Certificate No. 2777, shall be valid for the same period
as this order. If this order expires or otherwise terminates, the Certificate of
Capacity shall automatically terminate.
H. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 22"d day of March, 2012.
PLANNING & DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
Mark Sa erlee, AICP, Director
March 22, 2012
Page 7
PDS Order 12-021
File No.: PNRD820071310
APPROVED AS TO FORM AND