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Home My WebLink About13-167JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3877189 09/18!2013 at 07:27 AM OR BOOK 3560 PAGE 923 - 930 Doc Type: RESO RECORDING: $69.50 Resolution 2013-167 File No.: SPMJ OS-028 A RESOLUTION OF THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS GRANTING APPROVAL TO A MAJOR SITE PLAN PROJECT TO BE KNOWN AS ST. LUCIE COMMERCE CENTER 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: Lucie Rock, LLC, presented a petition for a Major Site Plan project, known as St. Lucie Commerce Center to provide for the development of a 40 lot subdivision on 94.26 acres located on North Rock Road approximately one-half mile north of Orange Avenue, in the IL (Industrial, Light) and IH (Industrial, Heavy) Zoning Districts for the property described in Section B. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 3. 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. 4. 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. 5. 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. 6. 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. 7. The proposed project will be served water and sewer services by the Fort Pierce Utilities Authority (FPUA). September 3, 2013 Resolution 2013-167 File No.: SPMJ 05-028 Page 1 8. The applicant has applied for and received a revised 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the Major Site Plan project to be known as St. Lucie Commerce Center is hereby approved as depicted on the site plan drawings for the project prepared by Cuozzo Design Group, Inc. dated December 16, 2005, subsequently revised through August 26, 2013, and date stamped received by the St. Lucie County Planning Division on September 3, 2013, subject to the following conditions: 1. Future development of the project is subject to adoption of the Development Agreement with the property owner, Lucie Rock, LLC, and a determination of consistency with the provisions of the Development Agreement, as may be amended. All terms and conditions of the St. Lucie Commerce Center, LLC Development Agreement are incorporated herein. 2. Within 90 days of this site plan approval, thirty (30) feet of road right-of-way along the east side of Emerson Avenue/Laid Back Way, as more specifically shown on the Major Site Plan shall be dedicated to St. Lucie County. Such dedication shall be in a form and manner acceptable to the County Attorney. 3. Within 90 days of this site plan approval, twenty (20) feet of road right-of-way along the west side of Rock Road, within Phase A, as shown on the Major Site Plan shall be dedicated to St. Lucie County. Such dedication shall be in a form and manner acceptable to the County Attorney. 4. Within 90 days of this site plan approval, twenty (20) feet of road right-of-way along the west side of Rock Road, within Phase B, as shown on the Major Site Plan shall be dedicated to St. Lucie County. Such dedication shall be in a form and manner acceptable to the County Attorney. 5. Within 90 days of this site plan approval, ten (10) feet of road right-of-way along Sunnyland Drive (5 feet on the north side of the road and 5 feet on the south side), as more specifically shown on the Master Site Plan shall be dedicated to St. Lucie County. Such dedication shall be in a form and manner acceptable to the County Attorney. September 3, 2013 File No.: SPMJ 05-028 Resolution 2013-167 Page 2 6. The Final Plat for any phase of development shall not be recorded until constructible engineering plans are approved, and all common improvements required for that phase are either: a) built and accepted or approved by St. Lucie County; or b) appropriate security is provided to St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the period of maintenance required by the Land Development Code. 7. Prior to issuance of the first certificate of occupancy for any portion of the development, signalization of the Orange Avenue and Rock Road intersection and the provision of left and right turn lanes shall be constructed and approved by the County. 8. Prior to issuance of a building permit or Final Plat approval, the developer, or his assigns, shall provide an executed copy of a final utility service agreement with Ft. Pierce Utilities Authority, indicating all developer obligations, including schedules associated with servicing this site. 9. The County's issuance of development approval does not constitute compliance with any federal and state requirements. Applicable, federal and state approvals/permits are required prior to the commencement of any development activity (i.e. clearing, grading, removing structures, etc.). The responsibility for contacting federal and state agencies, procuring permits/approvals and compliance with applicable laws are the sole responsibility of the applicant. 10. Per Florida Statute 125.022, the issuance of development approval does not create any liability on the part of the county if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 11. Copies of all applicable state or federal permits/written approvals are required by the County prior to issuance of a Vegetation Removal Permit and any development activity. 12. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall schedule and conduct apre-construction meeting with St. Lucie County staff to ensure that trees and native understory vegetation are protected, supplemental irrigation is provided where necessary, and any necessary pruning is conducted by a qualified arborist. September 3, 2013 File No.: SPMJ 05-028 Resolution 2013-167 Page 3 13. The Landscape Plan for St. Lucie Commerce Center is incorporated in the Master Site Plan. Landscape buffers, street trees and tree mitigation will be provided in accordance with the Landscape Plan, provided however, that in the event of any conflict between the Landscape Plan incorporated into the Master Site Plan, and a landscape plan incorporated into a site plan for any individual lot or lots approved by the County, the Landscape Plan incorporated into the Master Site Plan shall be amended in accordance with the LDC. The Developer acknowledges that all landscaping for any individual lot or lots must be completed in accordance with the applicable provisions of the St. Lucie County Land Development Code. 14. At the time of construction of the first phase of development on the Property, the Developer shall construct the berm along the west boundary of the Property (the "Berm") in accordance with the Master Site Plan. 15. When the Developer applies for site plan approval for any phase of development on the Property, the Developer shall provide the County Environmental Resources Department with (i) an updated tree survey and mitigation table for such phase of development, if such phase of development contains native trees meeting the size requirements of LDR Section 6.00.05. D, Table 1, and (ii) an updated Environmental Impact Report for such phase of development, if required by LDR Section 11.02.09.A.5. 16. Prior to approval of any phase of development containing the Lake the Developer shall provide the County Environmental Resources Department with a Lake Area Monitoring and Management Plan. B. The subject property on which this site plan approval as described in Part A above are being granted is described as follows: PARCEL 1 THE SOUTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT ALL RIGHTS-OF-WAY OF RECORD. TOGETHER WITH: PARCEL 2: THAT PART OF THE NE 1/4 OF THE SW 1/4 OF SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LYING SOUTHWESTERLY OF I-95 LESS AND EXCEPT THE EAST 93 FEET AND THE SOUTH 60 FEET FOR ROAD AND CANAL RIGHT-OF-WAY. ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. TOGETHER WITH: PARCEL 3: September 3, 2013 File No.: SPMJ 05-028 Resolution 2013-167 Page 4 FROM THE SOUTHEAST CORNER OF THE NW 1/4 OF THE SW 1/4 OF SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, RUN NORTH 00°08'13" WEST ALONG THE 1/4 1/4 SECTION LINE 60 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH 00°08'13"W 846.63 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE FOR INTERSTATE 95 HIGHWAY; THENCE RUN NORTH 60°08'02" WEST ALONG SAID RIGHT-OF-WAY LINE 107.58 FEET; THENCE RUN NORTH 62°25'28" WEST 300.24 FEET; THENCE RUN NORTH 60°08'02" WEST 182.77 FEET; THENCE RUN SOUTH 00°11'29" WEST 346.62 FEET; THENCE RUN SOUTH 60°08'02" EAST 354.41 FEET; THENCE RUN SOUTH 00°08'13" EAST, 607.48 FEET; THENCE RUN NORTH 89°53'47" EAST, 210 FEET TO THE POINT OF BEGINNING. BILLBOARD PARCEL: BEING A PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA THENCE N00°40'25"W ALONG THE 1/4 1/4 SECTION LINE 904.94 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, S60°50'22"E, 700.71 FEET TO THE POINT OF BEGINNING: THENCE S29°09'38"W, 125.00 FEET; THENCE S60°50'22"E, 125.00 FEET; THENCE N29°09'38"E, 125.00 FEET TO THE SAID SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95; THENCE N60°50'22"W ALONG SAID SOUTH RIGHT-OF-WAY LINE 125.00 FEET BACK TO THE POINT OF BEGINNING. INGRESS/EGRESS EASEMENT: BEING A PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA THENCE N00°40'25"W ALONG THE 1/4 1/4 SECTION LINE 904.94 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S60°50'22"E, 825.71 FEET TO THE POINT OF BEGINNING: THENCE S29°09'38"W, 30.00 FEET; THENCE S60°50'22"E, 682.21 FEET TO THE WEST RIGHT-OF-WAY LINE OF ROCK ROAD; THENCE ALONG THE SAID WEST RIGHT-OF-WAY LINE OF ROCK ROAD N00°45'37"W, 34.61 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95; THENCE N60°50'22"W ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95 664.95 FEET BACK TO THE POINT OF BEGINNING. CONTAINING 94.258 ACRES, MORE OR LESS. Location: North Rock Road, approximately 1/2 mile north of Orange Avenue. September 3, 2013 File No.: SPMJ 05-028 Resolution 2013-167 Page 5 GENERAL PROVISIONS C. The approvals granted by this Resolution are for the purpose of obtaining a Building Permit or Zoning Compliance from St. Lucie County, and shall expire on September 3, 2015, unless a Building Permit or Zoning Compliance is obtained for the uses described in Part A above, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code, or a Development Agreement approved in accordance with Section 11.08.00 that provides for a later expiration date. D. The approval and authorizations granted by this Resolution are specifically conditioned to the requirement that the petitioner, Lucie Rock, LLC, 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 Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of the Site Plan approval. Should the Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new Certificate of Capacity shall be required. F. The conditions set forth in Part A above are an integral nonseverable part of the Site Plan approval granted by this Resolution. If any condition set forth in Part A are 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 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. The St. Lucie Planning and Development Services Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make the notation of reference to the date of adoption of this resolution. September 3, 2013 File No.: SPMJ 05-028 Resolution 2013-167 Page 6 After motion and second, the vote on this resolution was as follows: Chairman Tod Mowery AYE Vice-Chair Frannie Hutchinson AYE Commissioner Paula Lewis AYE Commissioner Chris Dzadovsky AYE Commissioner Kim Johnson AYE PASSED AND DULY ADOPTED this 3rd day of September 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY ~~ Chairman ATTEST: ~~,~ ,~~=~u APPROVED AS TO FORM .~c'a'~~~,_ AND CORRECTNESS: ~ _.~- - ~, ~1~ -.COUNTY A ORNEY ~. r' September 3, 2013 File No.: SPMJ 05-028 Resolution 2013-167 Page 7 Date 8/28/2013 St Lucie County Certificate of Capacity Certificate No. 2918 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 Major Site Plan Number of units 0 Number of square feet 1232835 2. Property legal description & Tax ID no. 230234100010008,230231200200007,230232100100002,230234200010001,230233100010007 N Rock Rd, .5 mi north of Orange Ave St. Lucie Commerce Center 3. Approval: Building Resolution No. 2013-167 Letter 4. Subject to the following conditions for concurrency: See Res 2013-167 and Development Agreement Owner's name Lucie Rock, LLC Address P.O. Box 279 Biscayne Bay FL 33149 6. Certificate Expiration Date 9/3/2015 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 ~ Date: 9/17/2013 Planning and Development Services Director St Lucie County, Florida Tuesday, September 17, 2013 Page 1 of 2