HomeMy WebLinkAbout06-165
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RESOLUTION NO. 06-165
File Number: RZ-05-031 and PNRD-05-020
A RESOLUTION GRANTING PRELIMINARY AND FINAL
PLANNED DEVELOPMENT SITE PLAN APPROVAL AND A
CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL,
RESIDENTIAL - 1 DU/ACRE) DISTRICT TO THE PNRD
(PLANNED NON-RESIDE NIT AL DEVELOPMENT - MIDWAY
ROAD PROFESSIONAL PLAZA) ZONING DISTRICT
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based
on the testimony and evidence, including but not limited to the staff report, has made
the following determinations:
CHANGE IN ZONING
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 293554609/2712006 at 04:06 PM
OR BOOK 2666 PAGE 689 - 704 Doc Type: RESO
RECORDING: $137.50
1. Kenneth Palestrant, presented a petition for a Change in Zoning from the
AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the PNRD
(Planned Non-Residential Development - Midway Road Professional Plaza)
Zoning District for the project to be known as Midway Road Professional
Plaza PNRD, for property located on the north side of West Midway Road,
approximately % mile west of South 25th Street, for certain property in St.
Lucie County, Florida as depicted on the attached maps as Exhibit "A" and
described in Part "A" below.
2. The Development Review Committee has reviewed the site plan for the
proposed project and found it to meet minimum technical requirements.
3. On November 17, 2005, the St. Lucie County Planning and Zoning
Commission held a public hearing on the petition of Kenneth Palestrant, for a
change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning
District to the PNRD (Planned Non-Residential Development - Midway Road
Professional Plaza) Zoning District, after publishing a notice of such hearing
in the Fort Pierce Tribune at least 10 days prior to the hearing and notifying
by mail all property owners within 500 feet of the property boundaries, and
recommended that the Board of County Commissioners grant approve a
Change in Zoning for the project to be known as Midway Road Professional
Plaza - PNRD, for the property described in Part "A" below.
4. On September 19, 2006, this Board held a public hearing on the petition of
Kenneth Palestrant, for a change in zoning from the AR-1 (Agricultural,
Residential - 1 du/acre) Zoning District to the PNRD (Planned Non-
Residential Development - Midway Road Professional Plaza) Zoning District
after publishing a public notice of such hearing in the Ft. Pierce Tribune at
September 19, 2006
Page 1
Resolution No. 06-165
File No.: RZ-04-051and PNRD-06-012
1 least 10 days prior to the hearing and notifying by mail all owners of property
2 within 500 feet of the subject property at least 10 days prior to the hearing.
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4 5. The proposed change in zoning is consistent with the goals, objectives, and
5 policies of the St. Lucie County Comprehensive Plan and has satisfied the
6 requirements of Section 11.06.03 of the St. Lucie County Land Development
7 Code.
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9 SITE PLAN
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11 6. Kenneth Palestrant, presented a petition for Preliminary and Final Planned
12 Non-Residential Development Approval for 12,699 square feet of professional
13 office space to be known as Midway Road Professional Plaza - PNRD.
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15 7. The Development Review Committee has reviewed the site plan for the
16 proposed project and found it to meet minimum technical requirements,
17 subject to the conditions set forth in Part "B" below.
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19 8. On November 17, 2005, the St. Lucie County Planning and Zoning
20 Commission held a public hearing on the petition of Kenneth Palestrant, after
21 publishing a notice of such hearing in the Fort Pierce Tribune at least 10 days
22 prior to the hearing and notifying by mail all property owners within 500 feet of
23 the property boundaries and recommended this Board approve this petition.
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25 9. On September 19, 2006, this Board held a public hearing on the petition of
26 Kenneth Palestrant, for Preliminary and Final Planned Non-Residential
27 Development approval for the project known as Midway Road Professional
28 Plaza - PNRD after publishing a notice of such hearing in the Tribune and
29 notifying by mail all property owners within 500 feet of the subject property.
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31 10. The proposed project is consistent with the general purpose, goals, objectives
32 and standards of the St. Lucie County Land Development Code, the St. Lucie
33 County Comprehensive Plan, and the Code of Ordinances of St. Lucie
34 County.
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36 11. The proposed project will not have an undue adverse effect on adjacent
37 property, the character of the neighborhood, traffic conditions, parking, utility
38 facilities or other matters affecting the public health, safety and general
39 welfare.
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41 12. All reasonable steps have been taken to minimize any adverse effect of the
42 proposed project on the immediate vicinity through building design, site
43 design, landscaping and screening.
44
September 19, 2006
Page 2
Resolution No. 06-165
File No.: RZ-04-051 and PNRD-06-012
1 13. The proposed project will be constructed, arranged and operated so as not to
2 interfere with the development and use of neighboring property, in accordance
3 with applicable district regulations.
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5 14. The proposed project will be served by adequate public facilities and services.
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7 15. A Certificate of Capacity was granted for this project on September 1, 2006, a
8 copy of which is attached as Exhibit "B".
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10
11 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
12 St. Lucie County, Florida:
13
14 CHANGE IN ZONING
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16 A. The proposed Change in Zoning from the AR-1 (Agricultural, Residential - 1
17 du/acre) Zoning District to the PNRD (Planned Non-Residential Development - Midway
18 Road Professional Plaza) Zoning District, owned by GIK Development, LLC, is hereby
19 granted for the following described property:
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21 COMMENCING AT THE SOUTHWEST CORNER OF NORTHEAST 'Y-i OF SECTION 5,
22 TOWNSHIP 36 SOUTH, RANGE 40 EAST, RUN THENCE EAST ALONG THE SOUTH
23 LINE OF SAID NORTHEAST 'Y-i, 660 FEET TO THE SOUTHWEST CORNER OF LOT
24 95 OF THE WHITE CITY SUBDIVISION ACCORDING TO THE PLAT THEREOF AS
25 RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE
26 COUNTY, FLORIDA, THENCE RUN NORTH ALONG THE WEST LINE OF SAID LOT
27 95, A DISTANCE OF 330 FEET, THENCE RUN WEST PARALLEL TO THE SOUTH
28 LINE OF LOT 94, OF SAID WHITE CITY SUBDIVISION, A DISTANCE OF 660 FEET,
29 THEREFROM RUN SOUTH 330 FEET TO THE POINT OF BEGINNING.
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31 EXCEPTING THEREFROM THE WEST 20 FEET AND THE SOUTH 25 FEET AS
32 RIGHTS OF WAY FOR PUBLIC ROADS (CHRISTENSEN AND MIDWAY ROAD) AND
33 LESS AND EXCEPTING THE EAST 320 FEET THEREOF. (Parcel ID No.: 3405-
34 133-0002-0005)
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37 owned by GIK Development, LLC is hereby approved.
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39 (Location: NE Corner of Midway Road and Christensen Road, St. Lucie
40 County, FL)
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43 SITE PLAN
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45 B. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code,
46 the Final Planned Development Site Plan for the project to be known as Midway Road
47 Professional Plaza - A Planned Non-Residential Development be, and the same is
September 19, 2006
Page 3
Resolution No. 06-165
File No.: RZ-04-051and PNRD-06-012
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h'ereby granted and approved as shown on the site plan drawings for the project
prepared by The Velcon Group Inc., dated March 22, 2005, subsequently revised
through July 7, 2006, and date stamped received by the S1. Lucie County Growth
Management Director on July 10, 2006, subject to the following conditions:
1. Egress from this project's Christensen Road driveway shall be prohibited
and a "No Exit" sign installed at the project's driveway to prohibit such
egress. If the County's Land Development Code is amended to provide a
method to seek relief from Section 7.05.05, full accesses to Christensen
Road shall be allowed, if said relief is granted.
2. Prior to the recording of any building permits for this project, the
developer, his successors or assigns, shall pay Road Impact Fees to S1.
Lucie County for the entire project in the amount of $ $7,142 per 1000
square foot of medical building and $1,596 per 1000 square feet for office
space & financial building space. The developer, his successors or
assigns, shall not be responsible for any additional Road Impact Fee
payments to S1. Lucie County. Should the Board of County
Commissioners approve a Road Impact Fee adjustment more than or less
than the agreed to payment schedule described above, the above
described schedule shall apply.
3. Prior to the issuance of any permits, a Final Development Order shall be
obtained from the Director of Growth Management, or designee. Prior to the
issuance of said Development Order, the Director of Growth Management
shall determine that all conditions of approval and applicable code
requirements are satisfied and shall:
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 notification by the Director of Growth Management, submit
the required number of plans to the Department of Growth
Management for processing, distribution, and final action.
c. Require that a complete set sealed constructible final engineering
plans, supporting calculations and survey data for the site work and
offsite improvements are approved by the Office of the County
Engineer, Public Works Department, Utilities Department,
Environmental Resources Department, Growth Management
Department, Fire Department, and any other agency that may be
September 19, 2006
Page 4
Resolution No, 06-165
File No.: RZ-04-051 and PNRD-06-012
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determined by the Director of Growth Management 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 Growth Management.
Prior to any construction authorizations for the subject property, the
developers shall be required to convey to St. Lucie County, in manner and
form acceptable to the St. Lucie County Attorney, 15 feet of additional
right-of-way along the site plan's southern property line for the future
widening of West Midway Road and 20 feet along it's western property
line for the future widening of Christensen Road. 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.
The applicant, successors, or assigns shall provide certain improvements to
roadways, including bike lanes and sidewalks, required to address this
projects impacts on the County's roadway network. The following include, but
are not limited to the improvements required to be provided:
a. Prior to any construction authorizations, the developer, owner or
assigns shall enter into a construction agreement with St. Lucie County
for the proposed improvements to West Midway Road. The following
documents shall be submitted and approved by the County Engineer
(a) Engineers estimate of probable cost, (b) Original Letter of Credit or
Surety Bond, (total surety shall be for 115% of the cost of
construction), (c) Road Improvement Agreement executed by the
developer. Upon conditional acceptance of the constructed
improvements the developer shall enter into a Maintenance Agreement
for a period of one year and thirty days. Maintenance Bond shall be
15% of the cost of construction.
b. Prior to the issuance of any Certificate of Occupancy, the developer or
assigns, shall be required to provide for the construction of a right turn
lanes at the projects West Midway Road entrance and 5 foot wide
undesignated bike lanes along this projects West Midway Road
frontage, as approved by the County Engineer.
c. Prior to the issuance of the first Certificate of Occupancy, Christensen
Road shall be paved from the project access point to West Midway
September 19, 2006
Page 5
Resolution No. 06-165
File No.: RZ-04-051 and PNRD-06-012
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Road. All construction within the Public Road right-of-way shall be
approved by the County Engineer or his designee.
The use of Christensen Road as a construction entrance for the project shall
be prohibited. All construction vehicles are to utilize the main entrance point
on West Midway Road.
Prior to the issuance of a building permit for this project, the developers, their
successors and assigns, shall have entered into an enforceable utility service
agreement with the Fort Pierce Utility Authority to ensure the provision of
water and sewer services. This agreement shall be in a form consistent with
the Fort Pierce Utility Authority's regulations regarding utility service
extensions and service provisions.
The development plan shall provide an 8 foot high opaque barrier along the
rear property line between the residential structure to the north and the
proposed commercial development. Landscaping shall be provided on both
sides of the wall and along the length of the wall as specified in Chapter
7.09.04(E) of the 8t. Lucie County Land Development Code.
Prior to issuance of a 8t. Lucie County Vegetation Removal Permit, a tree
protection plan shall be submitted for review and approval to the 8t. Lucie
County Environmental Resources Department.
Prior to issuance of a 8t. Lucie County Vegetation Removal Permit,
conspicuous, suitable protective barriers (highly visible so that equipment
operators can see the limits of permitted construction activity) shall be placed
and maintained around the perimeter of the trees to be protected, to form a
continuous unbroken boundary, around individual protected trees at a
minimum distance of ten (10) feet from the radius of the dripline from all
protected trees. Protective barriers shall remain in place until issuance of a
certificate of occupancy. In the event that any protective barriers are removed
or altered all land clearing and site alteration work will be stopped until the
barriers are restored and any necessary corrective actions taken to repair or
replant any vegetation removed or damaged as a result of these
encroachments. The entire vegetation preservation area shall be maintained
in its natural state so as not to alter the water and oxygen content of the soil
and impair its natural function. No grade changes or excavation of any sort
may be made within the barricaded areas. If underground utilities must be
routed through a protected root zone area, tunneling under the roots shall be
required. Irrigation shall be installed outside of the dripline of all protected
trees. No soil shall be removed from within a vegetation preservation area.
No fill material, construction material, concrete, paint, chemicals, or other
foreign materials shall be stored, deposited or disposed of within a vegetation
preservation area. No signs, permits, wires, or other attachments shall be
affixed or attached to protected vegetation. No equipment, including
September 19, 2006
Page 6
Resolution No. 06-165
File No.: RZ-04-051and PNRD-06-012
1 passenger vehicles, shall be driven, parked, or stored or repaired within
2 designated vegetation preservation areas.
3
4 11. The site plan shall be modified to eliminate two parking spaces along the west
5 side of the eastern medical office building to save at least one, and possibility
6 two, 24 inch oak trees. Tree protection methods shall be coordinated with and
7 approved by the St. Lucie County Environmental Resources Department. The
8 modified site plan shall also include a covered bus shelter along this project's
9 road frontage. The location of the required bus shelter shall be determined in
10 coordination with the St. Lucie County Community Services Department and
11 approved by the County Engineer and Growth Management Director.
12
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15 GENERAL PROVISIONS
16
17 C. This Final Planned Non-Residential Development Site Plan approval shall expire on
18 September 19, 2008, unless a building permit is issued or an extension is granted in
19 accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code.
20
21 D. The Final Planned Non-Residential Development Site Plan/General Site Plan
22 approval granted under this Resolution is specifically conditioned to the requirement
23 that the petitioner, Kenneth Palestrant, M.D., including any successors in interest, shall
24 obtain all necessary development permits and construction authorizations from the
25 appropriate State and Federal regulatory authorities, including but not limited to; the
26 United Stated Army Corp of Engineers, the Florida Department of Environmental
27 Protection, and the South Florida Water Management District, prior to the issuance of
28 any local building permits of authorizations to commence development activities on the
29 property described in Part A.
30
31 E. A Certificate of Capacity, a copy of which is attached to this resolution as "Exhibit B"
32 was granted by the Growth Management Director on September 1, 2006, which
33 certificate shall remain valid for the period of Site Plan approval or any extension
34 granted thereto.
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36 F. A copy of this resolution shall be attached to the site plan drawings described in Part
37 B, which plan shall be placed on file with the St. Lucie County Growth Management
38 Department.
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40 G. The St. Lucie County Growth Management Director is hereby authorized and
41 directed to cause the notation of this resolution to be made on the Official Zoning Map
42 of St. Lucie County, Florida, and to make notation of reference to the date of adoption of
43 this resolution.
44
September 19, 2006
Page 7
Resolution No. 06-165
File No.: RZ-04-051 and PNRD-06-012
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H: The Director of Growth Management shall coordinate the issuance of further site
Development Permits. No final site construction authorizations or site Development
Permits shall be issued until all requirements for such permits are met.
I. A copy of this resolution shall be mailed, return receipt requested to the developer
and agent of record as identified on the site plan applications.
J. This resolution shall be recorded in the Public Records of St. Lucie County. The
recording of this resolution does not authorize the commencement of anyon-site
development activities without obtaining such further development permits as may be
required. All applicable conditions of approval as set forth above, and all applicable
code requirements must be met to the satisfaction of the County before final site
construction permits are issued.
K. The conditions set forth in Part B are an integral nonseverable part of the site plan
approval granted by this Resolution. 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, the site plan approval granted by this resolution shall
become null and void.
L. ADOPTION
After motion and second, the vote on this resolution was as follows:
Chairperson Doug Coward
AYE
Vice Chairperson Chris Craft
AYE
Commissioner Frannie Hutchinson
AYE
Commissioner Paula A. Lewis
AYE
Commissioner Joe Smith
AYE
PASSED AND DULY ADOPTED this 19th day of September, 2006.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
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<f" Rè"SbTufion No. 06-165
File Nö.: RZ-04J-0'51and PN RD-06-012
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1 ATTEST:
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September 19, 2006
Page 9
APPROVED AS TO FORM AND
CORRE TNESS:
CO
Resolution No. 06-165
File No.: RZ-04-051and PNRD-06-012
1
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4 EXHIBIT "A"
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7 Location Maps
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September 19, 2006
Page 10
Resolution No. 06-165
File No.: RZ-04-051and PNRD-06-012
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PUD 05-020
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~ Subject parcel
Map prepared August 22, 2006
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Exhibit "8"
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Certificate of Capacity
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September 19. 2006
Page 10
Resolution No. 06-165
File No.: RZ-04-051 and PNRD-06-012
St Lucie County
Certificate of Capacity
Date 9/1/2006 Certificate No. 2499
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development Preliminary and Final PNRD
Number of units 0
Number of square feet 12699
2. Property legal description & Tax ID no.
3405-133-0002-0005
Northeast comer ofW. Midway & Christensen
Midway Road Professional Plaza PNRD
3. Approval: Building
Resolution No. Res. No. 06- Letter
4. Subject to the following conditions for concurrency:
See Resolution No. 06-165
Owner's name
GIK Development, LLC
Address
804 SE Portage Avenue
Port S1. Lucie FL 34984
6. Certificate Expiration Date 9/19/2008
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development order(s) issued for the same property, use and size as described herein.
Signed
ß c-? tI-f
Date: 9/1/2006
Growth Management Director
St Lucie County, Florida
Friday, September 01, 2006
Page 1 of2
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September 19, 2006
Page 11
Exhibit "c"
SITE PLAN
GRAPHICS
Resolution No. 06-165
File No.: RZ-04-051and PNRD-06-012
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