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HomeMy WebLinkAboutPDS-14-029 - Midway Road Prof. PlazaJOSEPH E. SMITH; CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3966188 06/17/2014 at 09:48 AM OR BOOK 3643 PAGE 1295 - 1302 Doc Type: ORD RECORDING: $69.50 PDS NO. 14-029 (File No. BCC 520144760) AN ORDER GRANTING A TWO-YEAR LAND DEVELOPMENT CODE ADMINISTRATIVE EXTENSION TO SITE PLANS PROVIDED BY SECTION 11.02.06(B)(4) TO THE SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY APPROVED PLANNED NON-RESIDENTIAL DEVELOPMENT KNOWN AS MIDWAY ROAD PROFESSIONAL PLAZA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for development order administrative extension timely submitted on behalf of GIK Development LLC, and has made the following determinations: On, September 19, 2006, the St. Lucie County Board of County Commissioners granted approval through Resolution No. 06-165 to the petition of Kenneth Palestrant, for the Final Planned Non Residential Development Site Plan approval known as Midway Road Professional Plaza, on property located on the north side of West Midway Road, approximately 0.25 mile west of South 25th Street in the PNRD (Planned Non- Residential Development) Zoning District. 2. On March 10, 2009, the Board of County Commissioners granted through Resolution 09- 005 an extension for a period of 12 months with the new date of expiration being September 19, 2009. 3. On December 21, 2009, the Planning and Development Services Director in accordance with Florida Statutes Community Renewal Act authorized a site plan extension which expired on September 19, 2011. 4. On November 17, 2010 the Planning and Development Services Director granted through PDS Order No. 10-018 an extension for two years pursuant to Chapter 2010- 147, Laws of Florida with the new date of expiration being September 19, 2013. 5. On January 27, 2012, the Planning and Development Services Director granted through PDS Order No. 12-011 an extension for ten months and twenty-two days pursuant to State of Emergency Act pursuant to Chapter 2011-142, Laws of Florida with the new date of expiration being August 9, 2014. 6. On, December 4, 2012 the Planning and Development Services Director granted through PDS Order No. 12-040 an extension for 12 months and 148 days pursuant Florida Governor Rick Scott declaring a State of Emergency for Florida due to Tropical File No.: BCC 520144760 PDS Order No. 14-029 June 4, 2012 Page 1 Storm Debby and Tropical Storm Isaac. The new scheduled expiration date is January 5, 2016. 7. On December 17, 2013 the St. Lucie County Board of County Commissioners adopted Ordinance 2013-43 amending the text of the Land Development Code to provide for a two year administrative extension of approved site plans. 8. The amendment provides that in recognition of the real estate market conditions, any local government issued site plan that has an expiration date of January 1, 2013 through December 31, 2014, may be eligible to be extended and renewed for a period of two (2) years following its date of expiration. 9. .The developer is requesting that the extension granted under PDS No 12-040 through Florida Statutes Section 252.363 and Governor Rick Scott Executive Order No. 12-192 and No. 12-199 be rescinded to allow for the expiration date of the PNRD Site Plan to revert back to August 9, 2014 to qualify for and be granted the two year administrative extension. 10. PDS Order No. 12-040 is rescinded, effective this Order. 11. The amendment further provides that for all site plans due to expire after February 27, 2014, the request for the Land Development Code extension must be made in writing prior to the scheduled expiration date, identify the specific authorization for which the extension is requested, the intended use of the extension and the anticipated time frame for acting on the authorization. The applicant submitted the request for an administrative extension on April 23, 2014. 12. Further, pursuant to Section 11.02.06, the request for the Land Development Code administrative extension must be reviewed by Planning and Development Services Department, Environmental Resources Department and found not to be in significant noncompliance with the original St. Lucie County development order granting approval. 13. Planning Staff and Environmental Resources Department has performed a detailed analysis of the project and determined the administrative extension is consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the memorandum titled Midway Road Professional Plaza Administrative Extension, dated June 4, 2014. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director: A. Pursuant to Section 11.02.06(6)(4) of the St. Lucie County Land Development Code, the Planned Non Residential Development Site Plan approval for the project known as Midway Road Professional Plaza has been found to be eligible for a two year administrative extension from the scheduled date of expiration, August 9, 2014 and shall now expire August 9, 2016, for the property described in Part B, is hereby approved with the following conditions: File No.: BCC 520144760 PDS Order No. 14-029 June 4, 2012 Page 2 All previous conditions of approval applicable to the subject grogertv. as contained in Resolution 09-005 have been consolidated as contained herein. The property owner shall comely with all previous conditions of approval and deadlines established by Chapter 11 of the Land Development Code and the Board of County Commissioners. unless expressly modified herein. 2. Condition A-2 of Resolution No. 09-005, 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 A-3 of Resolution No. 09-005, remains. Prior to the issuance of any building permits for this project, the development, his successors or assigns, shall pay Road Impact Fees to St. Lucie County for the entire project in the amount of $7,142 per 1,000 square foot of medical building and $1,596 per 1,000 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 A-4 of Resolution No. 09-005, is hereby amended. Prior to the issuance of any permits, a Final Development Order shall be obtained from the Director of ~"ar,~t Planning and Development Services, or designee. Prior to the issuance of said Development Order, the Director of Planning and Development Services 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 ~ew;h k~e~ Planning and Development Services, submit the required number of plans to the Department of ~ev-~th R1ar~ot Planning and Development Services for processing, distribution, and final action. File No.: BCC 520144760 PDS Order No. 14-029 June 4, 2012 Page 3 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, ~ew;l: R^°^,„t Planning and Development Services Department, Fire Department and any other agency that may be determined by the Director of ~raw~th A'~~~t Planning and Development Services 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 ~ew:h Mar~~ereer+t Planning and Development Services. 5. Condition A-5 of Resolution No. 09-005, has been satisfied. ~4'ithin 58-dais-sf th9-date-ef th~c s:~te-p!~n ~~*~;~~ Grr sh~a;l ba-req:~;r2d-te-ee+~~tc S`.. ! :~a~Csen'~•, in mannsr ard--fsrr~ assEp~a~I? te-t#c 5+.. Lua+e--Gc~:nt3• ..sr~ol right af~y-a~er~y '.hs ~ita r ar.'~ s3:~+.r~n rr^^o.+~,-~-m;~3r ±ra-fu;;~r cet r~~ead Gnd ~9-~eti al~g i*.'s '.h?-westerr. pr^^~~*~3r tic f~:~;~r Ch; i^~{~ser~ dead--Pr€~~ ~'o--I+ser~sed s~::are~•o; s,"~II p~spts.rs . c~etch an ~notiea--Add+t+snal r2q~:ira~~n+~ occas+ated-~•i'.h *.he-r+gh'. a#- u~d©nu;'an ,hu;l ir~da prae~-e~-ewr~archi~. T^ +ho~~art pawed undar tf:2 C~, tr: nty'-s--Cedc and--Cea~+led ! a :~•;;, a n ~.• ~ u ala--dedic~FE n m GS-ba-ss roc i dered 21+g+ble~cr Rand Impac; Fae-G~edl'.-~. Said-de~icai:icn Shull ba-ger}~al ~~•or~ar~ deed, {ras ond~sor of all lisr~s cr'd~c~^~branaes: 6. Condition A-6 of Resolution No. 09-005, remains. 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 in 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. File No.: BCC 520144760 PDS Order No. 14-029 June 4, 2012 Page 4 b. The cost of the right turn lane at the project entrance shall be paid by the owner/developer and constructed by St. Lucie County. The developer's engineer shall prepare a cost estimate for the required turn lane improvements and submit to the County Engineer for approval. Payment 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 beginning 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 A-7 of Resolution No. 09-005, 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 A-8 of Resolution No. 09-005, remains. 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 A-10 of Resolution No. 09-005, is hereby amended. Prior to issuance of a St. Lucie County Vegetation Removal Permit or Exemption, a tree protection plan shall be submitted for review and approval to the St. Lucie County Environmental Resources Department. 10. Condition A-11 of Resolution No. 09-005, remains. Prior to issuance of a St. Lucie County Vegetation Removal Permit, conspicuous, suitable protective barriers (highly visible to 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 drip line 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 File No.: BCC 520144760 PDS Order No. 14-029 June 4, 2012 Page 5 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 drip line 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 passenger vehicles, shall be driven, parked, or stored or repaired within designated vegetation preservation areas. 11. Condition A-13 of Resolution No. 09-005, is hereby amended. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall submit and gain approval of an application for a site plan adjustment that addresses the following requirements: a. Revised tree survey and tree mitigation plan, accounting for trees missed and incorrectly measured on the prior survey; b. Site plan revised to eliminate two parking spaces along the west side of the eastern medical office building to save at least one, and possibly two oaks trees, measuring 41 inches and 45 inches in diameter at breast height. Tree protection methods shall be coordinated with and approved by the St. Lucie County Environmental Resources Department. c. Site plan revised to provide a covered bus shelter long this project's road frontage. The location of the required bus shelter along this project's road frontage. The location of the required bus shelter shall be determined in coordination with the St. Lucie County community Services Department and approved by the County Engineer and # ~".ar~;.~ Planning and Development Services Director. d. Landscape plans revised to provide an 8-foot high opaque wall 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 along the length of the wall as specified in Chapter 7.09.04(E) of the St. Luce County Land Development Code. ~. The arr isan* shell axes~tc ^n-}n~ssr.; ag~ee~~,^;, ass~p'_•wb!4-te '3 th?-ees~~4 all rs~+~sd IandsswF~~g, tr~eE mitigat+e+~ i~+gat+cr.-, an tc ^c ~hara~n ir. the Sits °lan. 12. Condition A-14 of Resolution No. 09-005, remains. In lieu of the construction of a bus shelter, prior to issuance of the first building permit the applicant, successors, or assigns shall pay $15,750.00 to St. Lucie File No.: BCC 520144760 PDS Order No. 14-029 June 4, 2012 Page 6 County to be used for future transit facilities serving the project area. 13. Condition A-15 of Resolution No. 09-005, remains. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have received construction authorization in the form of either an approved stormwater permit or an approved building permit. 14. The following condition is hereby added: The issuance of County development Dermit does not in anv way create anv rights on the part of the applicant to obtain a permit from a state or federal aoencv and does not create anv liability on the part of the Countv if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal aoencv or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. B. The property on which this development order extension is being granted is described as follows: LEGAL DESCRIPTION: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST'/a OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, RUN THENCE EAST ALONG THE SOUTH LINE OF SAID NORTHEAST ~/a 660 FEET TO THE SOUTHWEST CORNER OF LOT 95 OF WHITE CITY SUBDIVISION ACCORDING TO THE PLAT THEREIN RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA THENCE RUN NORTH ALONG THE WEST LINE OF LAND LOT 95, A DISTANCE OF 330 FEET, THENCE RUN WEST PARALLEL TO THE SOUTH LINE OF LOT 94, OF WHITE CITY SUBDIVISION, A DISTANCE OF 660 FEET THEREFROM RUN SOUTH 330 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WEST 20 FEET AND THE SOUTH 25FEET AS REIGHTS OF WAY FOR PUBLIC ROAD, (CHRISTENSEN AND MIDWAY ROAD) AND LESS AND EXCEPTING THE EAST 320 FEET THEREOF. Parcel ID# 3405-133-0002-000/5 Location: North side of West Midway Road, approximately ~/a mile west of the South 25th Street and West Midway Road intersection. C. This Planned Non-Residential Development Site Plan administrative extension approval shall expire on August 9, 2016 unless a building permit is issued and active or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code File No.: BCC 520144760 PDS Order No. 14-029 June 4, 2012 Page 7 D. The conditions set forth in Part A are an integral non severable part of the site plan approval as granted by this administrative extension. 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, this development order extension approval granted by this resolution shall become null and void. E. The Certificate of Capacity granted by the Planning and Development Services Director shall remain valid for the period of this development order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. F. A copy of this administrative extension shall be placed on file with the St. Lucie County Planning and Development Services Department. G. This order shall be recorded in the Public Records of St. Lucie County. This ORDER is effective the 4th day of June, 2014. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE CO TY, FLORIDA I ~ < BY ~ ~ W1~ M~ atterl 1 , AICP APPROVED AS`-O FORM AND CORRECTNESS: J County Attor' ey Lap G:\Planning\PROJECT FILES\Midway Road Professional Plaza\BCC 520144760.docx File No.: BCC 520144760 PDS Order No. 14-029 June 4, 2012 Page 8