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~ RESOLUTION NO. 09-005
2 FILE NO.: BCC 720081501
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5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
6 LUCIE COUNTY, FLORIDA, GRANTING A 12 MONTH EXTENSION OF
7 THE FINAL PLANNED DEVELOPMENT SITE PLAN KNOWN AS MIDWAY
s ROAD PROFESSIONAL PLAZA PNRD
9
10 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida,
11 based on the testimony and evidence, including but not limited to the staff report, has
12 made the following determinations:
13
14 1. On September 19, 2006, through Resolution No. 06-165, the Board granted
15 approval for the Final Planned Development Site Plan known as Midway Road
16 Profession Plaza PNRD. The project consists of a 12,699 square foot medical
17 facility on 1.83 acres located on the north side bf West Midway Road,
18 approximately .25 mile west of South 25th Street.
19
20 2. The property owner, Doctor Kenneth Palestrant, has requested that the Final
21 Planned Development Site Plan granted through Resolution No. 06-165 be
22 extended for a period of 12 additional months from its date of scheduled
23 expiration, September 19, 2008, with the new date of expiration being September
24 19, 2009.
25
26 3. On February 24, 2009, the St. Lucie County Board of County Commissioners held
27 a public hearing; of which due public notice was published and mailed to all
28 property owners within 500 feet at least 10 days prior to the hearing, and the
29 Board continued the public hearing to March 10, 2009.
30
31 4. On March 10, 2009, the St. Lucie County Board of County Commissioners
32 reopened the public hearing.
33
34
35 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
36 Lucie County, Florida:
37
38 A. Pursuant to Section 11.02.06(B)(3) of the St. Lucie County Land Development
39 Code, the Final Planned Development Site Plan, approved through Resolution 06-
40 165 is hereby granted an extension for a period of 12 additional months from its
File No.: BCC 720081501 _ Resolution No. 09-005
March 10, 2009
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1
SAINT LUCIE COUNTY
FILE # 3323107 03l19l2009 at 09:51 AM e RESO
OR BOOK 3070 PAGE 1452 - 1461 Doc Typ :
RECORDING: $86.50
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date of scheduled expiration, September 19, 2008, with the new expiration date
being September 19, 2009, with the following conditions:
All previous conditions of approval applicable to the sublect proqerty, as
contained in Resolution No. 06-165 have been consolidated as contained
herein. The propertv owner shall complv with all previous conditions of
approval and deadlines previouslv established bv Chapter 11 of the LDC
and the Board of Countv Commissioners, unless expresslv modified herein.
2. Condition B-1 of Resolution No. 06-165, remains.
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.
3. Condition B-2 of Resolution No. 06-165, is hereby amended to read:
Prior to the ~~ issuance of any building permits for this project, the
developer, his successors or assigns, shall pay Road Impact Fees to St.
Lucie County for the entire project in the amount of $7,142 per 1000
square foot of inedical 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 St. 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.
4. Condition B-3 of Resolution No. 06-165, remains.
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.
File No.: BCC 720081501
March 10, 2009
Resolution No. 09-005
Page 2
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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
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.
5. Condition B-4 of Resolution No. 06-165, is hereby amended to read:
Within 60 davs of the date of this site plan extension approval °r;^r~~~
^~ r~ ;^~a r;~ ;^^~~t-k~, c~~~~r,~~,~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 underthe County's Code and Compiled Laws, any
such dedication may be considered eligible for Road Impact Fee Credits.
Said dedication shall be bv qeneral warrantv deed, free and clear of all
liens and encumbrances.
6. Condition B-5 of Resolution No. 06-165, is hereby amended to read:
The applicant, successors, or assigns shall provide certain improvements
to roadways, including bike lanes and sidewalks, required to address this
File No.: BCC 720081501
March 10, 2009
Resolution No. 09-005
Page 3
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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.
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The cost of the riqht turn lane at the proiect entrance shall be paid bv the
owner/developer and constructed bv St. Lucie Countv. The developer's
enqineer shall prepare a cost estimate for the required turn lane
improvements and submit to the Countv Enqineer for approval. Pavment
for the required turn lane shall occur prior to the issuance of a certificate of
occupancy or before commencement of construction (but not earlier than
February 2010) for that portion of Midway Road beqinninq at South 25th
Street and termination at the eastern limits of the Turnpike overpass,
whichever occurs first.
c. Prior to the issuance of the first Certificate of Occupancy, Christensen
Road shall be paved from the project access point to West Midway Road.
All construction within the Public Road right-of-way shall be approved by
the County Engineer or his designee.
7. Condition B-6 of Resolution No. 06-165, remains.
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.
8. Condition B-7 of Resolution No. 06-165, remains.
File No.: BCC 720081501
March 10, 2009
Resolution No. 09-005
Page 4
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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.
9. Condition B-8 of Resolution No. 06-165, is hereby deleted:
10. Condition B-9 of Resolution No. 06-165, remains.
Prior to issuance of a St. Lucie County Vegetation Removal Permit, a tree
protection plan shall be submitted for review and approval to the St. Lucie
County Environmental Resources Department.
, 11. Condition B-10 of Resolution No. 06-165, remains.
Prior to issuance of a St. 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
File No.: BCC 720081501
March 10, 2009
Resolution No. 09-005
Page 5
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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
passenger vehicles, shall be driven, parked, or stored or repaired within
designated vegetation preservation areas.
12. Condition B-11 of Resolution No. 06-165, is hereby deleted:
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13. Prior to issuance of a Veqetation Removal Permit or Exemption, the applicant
shall submit and qain approval of an application for a site plan adiustment, that
addresses the followinq requirements:
a. Revised tree survev and tree mitiqation plan, accountinq for trees missed
and incorrectlv measured on the prior survev;
b. Site plan revised to eliminate two parkinq spaces alonq the west side of the
eastern medical office buildinq to save at least one, and possiblv two oak
trees, measurinq 41 inches and 45 inches in diameter at breast heiqht.
Tree protection methods shall be coordinated with and approved bvthe St.
Lucie County Environmental Resources Department.
c. Site plan revised to provide a covered bus shelter alonq this proiect's road
frontaqe. The location of the required bus shelter shall be determined in
coordination with the St. Lucie Countv Community Services Department
and approved by the County Engineer and Growth Manaqement Director.
d. Landscape plans revised to provide an 8-foot hiqh opaque wall barrier
alonq the rear propertv line between the residential structure to the north
and the proposed commercial development. Landscapinq shall be provided
on both sides of the wall and alonq the lenqth of the wall as specified in
Chapter 7.09.04(E) of the St. Lucie County Land Development Code.
e. The applicant shall execute an improvement aqreement, acceptable to
SLC, coverinq the cost of all required landscaping, tree mitiqation,
irriqation, and related improvements as shown in the Site Plan.
File No.: BCC 720081501
March 10, 2009
Resolution No. 09-005
Page 6
1 14. I__n_lieu of the construction of a bus shelter, prior to issuance of the first buildinq
2 permit the applicant, successors, or assiqns shall pav $15,750 to St. Lucie
3 County to be used for future transit facilities servinq the proiect area.
4
5 15. Prior to issuance of a Veqetation Removal Permit or Exemption, the applicant
6 shall have received construction authorization in the form of either an approved
7 stormwater permit or an approved buildinq permit.
8
9 B. The property on which this Final Planned Development Site Plan extension is
10 being granted is described as follows:
11
12 COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST
13 1/4 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, RUN
14 THENCE EAST ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4
15 660 FEET TO THE SOUTHWEST CORNER OF LOT 95 OF WHITE CITY
16 SUBDIVISION ACCORDING TO THE PLAT THEREIN RECORDED IN
17 PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE
18 COUNTY, FLORIDA, THENCE RUN NORTH ALONG THE WEST LINE
19 OF LAID LOT 95, A DISTANCE OF 330 FEET, THENCE RUN WEST
20 PARALLEL TO THE SOUTH LINE OF LOT 94, OF WHITE CITY
21 SUBDIVISION, A DISTANCE OF 660 FEET THEREFROM RUN SOUTH
22 330 FEET TO THE POINT OF BEGINNING.
23
24 EXCEPTING THEREFROM THE WEST 20 FEET AND THE SOUTH 25
25 FEET AS RIGHTS OF WAY FOR PUBLIC ROAD, (CHRISTENSEN AND
26 MIDWAY ROAD) AND LESS AND EXCEPTING THE EAST 320 FEET
27 THEREOF.
28
29 Location: North side of West Midway Road, approximately 1/4 mile west of
30 the South 25t" Street and West Midway Road intersection.
31
32 C. This Final Planned Development Site Plan extension shall expire on September
33 19, 2009, unless a building permit is obtained or an extension has been granted in
34 accordance with Section 11.02.06, St. Lucie County Land Development Code.
35
36 D. The Certificate of Capacity granted by the Growth Management Director shall
37 remain valid for the period of this development order. If this order expires or
38 otherwise terminates, the Certificate of Capacity shall automatically terminate.
39
40 E. 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
File No.: BCC 720081501 Resolution No. 09-005
March 10, 2009 Page 7
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Map of St. Lucie County, Florida, and to make notation of reference to the date of
adoption of this resolution.
F. The conditions set forth in Part A are an integral non-severable part of the site
plan approval as granted by this Resolution. If any condition set forth in this
resolution 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.
G. A copy of this resolution shall be placed on file with the St. Lucie County Growth
Management Director.
After motion and second, the vote was as follows:
Chair Paula A. Lewis AYE
Vice Chair Charles Grande AYE
Commissioner poug Coward AYE
Commissioner Chris Dzadovsky AYE
Commissioner Chris Craft AYE
PASSED AND DULY ADOPTED this 10th Day of March, 2009
ATTESI
BOARD OF COUNTY COMMISSIO~lERS
ST. LUCIE COUNTY, FLORIDA
.
BY '
Chairman
APPROVED AS TO FORM
, AND RRECTNESS ~
e
d
~
e ty Clerk County Attorney
File No.: BCC 720081501
March 10, 2009
Resolution No. 09-005
Page 8
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