HomeMy WebLinkAboutGM-09-010 - Virginia Avenue Medical Office_. . . _ =_d. ~~ ,~. "_
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3379739 08/18/2009 at 1D36 AM
OR BOOK 3119 PAGE 1233 - 124D Doc Type: ORD
RECORDING: $69.50
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GM-09-010
MNSP File No. 520081473
AN ORDER GRANTING APPROVAL FOR A
MINOR SITE PLAN PROJECT TO BE KNOWN AS
VIRGINIA AVENUE MEDICAL OFFICE
WHEREAS, the St. Lucie County Growth Management Director has reviewed the
application for site plan approval submitted by Engineering & Construction Services, Inc.,
reviewed the comments of the St. Lucie County Development Review Committee on this
application, and made the following determinations:
Virginia Avenue Medical Office is a proposed 4,592 square foot medical office on
1.76 acres of property in the CG (Commercial, General) and Institutional Zoning
District, located on the south side of Virginia Avenue, approximately 1/2 mile west of
South 25t" Street, for certain property in St. Lucie County, Florida as described in Part B
below.
2. The Development Review Committee has reviewed the site plan for the proposed
project and found it to meet technical requirements of the Land Development Code and
to be consistent with the St. Lucie County Comprehensive Plan.
3. The 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.
4. 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.
5. The 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.
6. The project is to be served by adequate public facilities and services.
7. The applicant has applied for and received a Certificate of Capacity, a copy of which is
attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land
Development Code.
August 12, 2009
File No.: MNSP 520081473
GM Order No. 09-010
Page 1
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NOW, THEREFORE, BE IT ORDERED:
A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the
proposed Minor Site Plan to be known as Virginia Avenue Medical Office, is hereby
approved as shown on the site plan drawings for the project prepared by Engineering
Design & Construction Inc., dated August 3, 2007, revised through March 18, 2009,
and date stamped received by the St. Lucie County Growth Management Department
on April 28, 2009, subject to the following conditions:
1. The applicant shall within 90 days after receiving final site plan approval convey the
required road right of way for South 38t" Street. 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.
2. The developer shall execute a Road ImprovementAgreement (Agreement) with St.
Lucie County and submit a surety for the proposed public improvements. The
amount of surety shall be 115% of the engineer's estimate of probable cost. Form of
surety shall be approved by the County Attorney. A St. Lucie County right of way
permit shall not be issued until the St. Lucie County Board of County
Commissioners has approved the Agreement.
3. Forty-five (45) days prior to the commencement of construction for the proposed
public improvements the developer's engineer shall submit detailed construction
plans for review and approval by the County Engineer.
4. Prior to the issuance of a Certificate of Occupancy the applicant shall construct
South 38t" and South 39t" Street from SR 70 to the projects southern property line.
All public road construction shall be in accordance with the St. Lucie County/FDOT
standards as approved by the County Engineer.
5. Prior to the issuance of a building permit, recorded copies of a shared use
agreement for the shared storm water detention area shall be submitted and
approved by St. Lucie County.
6. Prior to approval of a Notice of Vegetation Removal, the applicant shall finalize an
improvement agreement acceptable to ERD covering the cost of landscaping and
tree mitigation, including on-site tree relocation. A copy of this agreement can be
obtained by visiting the SLC ERD website at: http://www.stlucieco.org/erd/index.htm.
7. Prior to the ERD 18-month Landscape Inspection, all FLEPPCS listed invasive
exotics shall be removed throughout the site.
8. The applicant will comply with any state and federal agency regulations and
requirements. Prior to approval of a Notice of Vegetation Removal, the applicant
shall have obtained and provided ERD with copies of any required federal and state
permits, including but not limited to South Florida Water Management District. If
federal or state agency compliance requires modification to the development plans,
the applicant will promptly modify the plans and submit to SLC for review and
August 12, 2009 File No.: MNSP 520081473
GM Order No. 09-010
Page 2
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approval as required by the LDC. The applicant will not use the County's
development approval to prevent compliance with any federal or state agency
requirements.
9. Prior to issuance of any construction authorizations, the developer, successors or
assigns, shall submit documentation from the St. Lucie County Fire District
Development indicating their approval of the project.
10. Prior to the issuance of a building permit, Growth Management Director must review
and approve the proposed signage documents for consistency with Land
Development Code Section 7.10.24.1. This shall include a site signage plan and
elevation for review as required by Section 7.10.24.B.1.
11. Prior to the issuance of a building permit for the "Proposed Addition to Daycare" in
the southwest corner of the site, the Growth Management Director must review and
approve the elevations of the building for consistency with Land Development Code
Section 7.10.24.C-H.
12. Prior to issuance of a building permit for the proposed addition to the day care
facility, the applicant, successor or assigns must obtain the Board of County
Commissioners approval of a Major Adjustment to the Conditional Use Permit that
allows for the building addition.
13. Parcel A and Parcel B are part of a non-conforming lot of record that shall be
retained in ownership with adjacent Parcel E or Parcel C, as described in Part B
below. These parcels provide ancillary improvements for the medical facility and the
may not be separated and treated as buildable lots.
14. Parcel C and Parcel D as described in Part B below shall be retained under unified
ownership. The day care facility may only operate in conjunction with the ancillary
improvements on Parcel C.
B. The property on which this Minor Site Plan approval is being granted is described as
follows:
Parcel A
From the northwest corner of the east 1/2 of the northwest 1/4 of the northwest 1/4
of Section 20, Township 35 South, Range 40 east, St. Lucie County, Florida, run
east 25 feet; thence South 149.6 feet to the Point of Beginning; continue south 49.9
feet and thence go east 140 feet; thence proceed north 49.9 feet, and thence
proceed west 140 feet to the Point of Beginning; less all road right-of-ways.
Parcel B
A parcel land in the northeast one-quarter of the northwest one-quarter of the
northwest one-quarter of Section 20, Township 35 south, Range 40 east, Saint
Lucie County, Florida, being more particularly described as follows:
Commencing at the southwest corner of the northeast one-quarter of the northwest
August 12, 2009
File No.: MNSP 520081473
GM Order No. 09-010
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one-quarter of the northwest one-quarter of said Section 20; thence northerly along
the westerly line of the southwest corner of the northeast one-quarter of the
northwest one-quarter of the northwest one-quarter of said Section 20, a distance of
25.00 feet to the northerly right-of-way line of Arnold Road, as laid out and in use;
thence easterly along the northerly right-of-way line of said Arnold Road, a distance
of 25.00 feet to the Easterly right-of-way line of South 39th Street as laid out and in
use; thence northerly along the easterly right-of- way line of said south 39th Street,
a distance of 417.81 feet to the northerly line of Parcel "C" of that Warranty Deed
from Russell G. Young to Michael A. Lombardi, as recorded in Official Records
Book 579, Page 2481, of the public records of Saint Lucie County, Florida and the
Point of Beginning; thence continue northerly along the easterly right-of-way line of
said South 39th Street, a distance of 8.27 feet to the southerly line of that Warranty
Deed from Bryant L. Jennings to Emanuel E. Lombardi, Michael A. Lombardi and
Rosalie A. Lombardi, as recorded in Official Records Book 520, Page 1509 of the
public records of Saint Lucie County, Florida; thence easterly along the southerly
line of said Warranty Deed from Bryant L. Jennings to Emanuel E. Lombardi.
Michael A. Lombardi and Rosalie A. Lombardi, as recorded in Official Records Book
520, Page 1509 of the public records of Saint Lucie county, Florida, a distance of
140.00 feet to the westerly line of Parcel "A" of said Warranty Deed from Russell G.
Young to Michael A. Lombardi, as recorded in Official Records Book 579, Page
2481; thence southerly along the westerly line of Parcel "A" of said Warranty Deed
from Russell G. Young to Michael A. Lombardi, as recorded in Official Records
Book 579, Page 2481, a distance of 8.44 feet to the northerly line of Parcel "C" of
said Warranty Deed from Russell G. Young to Michael A. Lombardi, as recorded in
Official Records Book 579, Page 2481; thence westerly along the northerly line of
said Warranty Deed from Russell G. Young to Michael A. Lombardi, as recorded in
Official Records Book 579, Page 2481, a distance of 140.00 feet to the Point of
Beginning.
Parcel C
Beginning at the southwest corner of the northeast 1/4 of the northwest 1/4 of the
northwest 1/4 of Section 20, Township 35 south, Range 40 east; thence north 25
feet, thence east 25 feet, thence north along the east right of way line of South 39th
Street 313.36 feet to the Point of Beginning; thence east 140 feet; thence north
104.45 feet; thence west 140 feet to the east right-of-way line of South 39th street;
thence south along the east right-of-way line of South 39th Street, a distance of
104.45 feet to the Point of Beginning, all lying and being in St. Lucie County,
Florida.
Parcel D
Begin at the intersection of the east right-of-way line of South 39th Street (50 feet
August 12, 2009
File No.: MNSP 520081473
GM Order No. 09-010
Page 4
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wide) and the north right-of-way line of Harvey Avenue (50 feet wide) which point is
25 feet east and 25 feet north of the southwest corner of the northeast 1/4 of the
northwest 1/4 of the northwest 1/4 of Section 20, Township 35 south, Range 40
east. From said point, run north along the east right-of-way line of South 39th Street
208.90 feet to the POINT OF BEGINNING; thence continuing north along the east
right-of-way line of 39th Street 104.46 feet; thence east 140 feet; thence south
104.45 feet; thence west 140 feet to the POINT OF BEGINNING.
Said parcel is the same as Lots 5 and 6 of a certain unrecorded Plat of the
northwest 1/4 of the northwest 1/4 of Section 20, Township 35 South, Range 40
east. Prepared by J. W. Whitice, County Surveyor.
Parcel E
The east 165 feet of the west 330 feet of the south 250.45 feet of the north 399.57
feet of the northeast 1/4 of Section 20, Township 35 south, Range 40 east, St. Lucie
County, Florida.
A Parcel of land in the northwest one-quarter of Section 20, Township 35 south,
Range 40 east, St. Lucie County, Florida, being more particularly described as
follows:
Commencing at the intersection of the north line of the 50.00 foot right-of-way of
Arnold Road with the east line of the 50.00 foot right-of-way of 39th Street; thence
north 03'34'50" west along the east line of said 39th Street, a distance of 208.90
feet to the point of beginning; thence continue north 03'34'50" west along the east
line of said 39th Street, a distance of 232.87 feet; thence north 42'26'11" east a
distance of 35.96 feet to the intersection with the south line of the 120.00 foot right-
of-way of Virginia Avenue, also known as State Road No. 70; thence north
88'27'12" east along the south right-of-way of said Virginia Avenue, a distance of
114.10; thence south 03.34'50" east, a distance of 258.93 feet; thence south
88'31'23" west, a distance of 140.00 feet to the point of beginning.
Containing in all 35,879 square feet or 0.82 acres, more or less.
Location: 2306 South 39th Street, Fort Pierce, south of Virginia Avenue.
C. The approvals granted by this administrative order shall expire on July 15, 2011, unless
an extension is granted in accordance with the provisions of Section 11.02.06 of the St.
Lucie County Land Development Code.
D. The Final Site Plan approval granted under this Order is specifically conditioned to the
requirement that the property owners, successor and assigns 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
August 12, 2009
File No.: MNSP 520081473
GM Order No. 09-010
Page 5
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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 A.
E. This Order shall become effective upon the date of approval indicated below. Should
the property owner, developer or authorized agent wish to appeal any condition
described in Part A above, all such appeals must be filed in writing with the County
Administrator within 30 days of the rendering of this Order, as described in Section
11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this
Order be filed, no permitting reviews or further administrative action shall take place on
the processing of this development project until the appeal is resolved.
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 Growth Management
Director and mailed, return receipt requested to the developer and agent of record as
identified on the site plan applications.
G. The conditions set forth in Part A are an integral nonseverable part of the site plan
approval granted by this Order. If any condition set forth in Section 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 order shall become
null and void.
H. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as
this order. If this order expires or otherwise terminates, the Certificate of Capacity shall
automatically terminate.
I. This order shall be recorded in the Public Records of St. Lucie County.
August 12, 2009
File No.: MNSP 520081473
GM Order No. 09-010
Page 6
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ORDER effective the 12th Day of August, 2009.
GROWTH MANAGEMENT DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY ~-
Mark Satter ee
APPROVED AS TO FORM
AND CORRECTNESS:
BY ~ , ~
County Attorney
August 12, 2009
File No.: MNSP 520081473
GM Order No. 09-010
Page 7
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St Lucie County
Certificate of Capacity
Date 7/10/2009 Certificate No. 2829
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 Minor Site Plan GM-09-O10
Number of units 0 Number of square feet 7,008
2. Property legal description & Tax ID no.
232022100080001,242022100060007,2420221000140006(part ofl,242022100090008,242022100050(
Virginia Avenue, between 38th and 39th Sts
Virginia Avenue Medical Office
3. Approval: Buildinq
Resolution No. GM-09-O10 Letter ~ilsio9
4. Subject to the following conditions for concurrency:
14 conditions of approval - See GM-09-O10
Owner's name
Jerry Jacobson & William Wilson
Address
3709 Oakridge ln & 8041 SE Orchard
Weston & Hobe So FL 33455
6. Certificate Expiration Date 7/15/2011
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 ord~r(s) is~ued for the same property, use and size as described herein.
Signed
Growth 11Tlanagement Director
St Lucie County, Florida
Date: 7/10/2009
Friday, July 10, 2009 Page 1 of 2