HomeMy WebLinkAboutPDS-16-039 - Midway Road Professional PlazaPDS NO. 16-439
(File No. BCC_CSEN-720165042)
AN ORDER GRANTING A STATUTORY EXTENSION
PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO
THE 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 Midway
Road Holdings, 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 25t1 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 expiration
date of 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 to Florida
Governor Rick Scott declaring a State of Emergency for Florida due to Tropical Storm
Debby and Tropical Storm Isaac with the scheduled expiration date being January 5, 2016.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
File No.: BCC CSEN-720165042 FILE# 4235783 10/05/2016 09:07:00 AM PDS No. 16-039
September 8, 2016 OR BOOK 3919 PAGE 262 - 268 Doc Type: ORD Page 1
RECORDING: $61.00
7. On June 4, 2014, the Planning and Development Services Director through PDS Order
14-029 rescinded PDS Order No. 12-040 and granted a two year Land Development Code
administrative extension with a new expiration date of August 9, 2016.
8. On December 4, 2015, the Planning and Development Services Director granted through
PDS Order 15-039 a statutory extension pursuant to Section 252.363 Florida Statutes
Executive Order 15-173 due to the threat of Tropical Storm Erika with a new expiration
date of April 10, 2017.
9. On February 26, 2016, Florida Governor Rick Scott issued Executive Order (EO) No. 16-
59 declaring a State of Emergency in Lee, Martin and St. Lucie counties due to severe
weather and heavy rainfall during the winter and spring months of 2015-2016 that resulted
in frequent discharges of harmful water from Lake Okeechobee to the St. Lucie and
Caloosahatchee rivers and estuaries.
10. On June 29, 2016, Florida Governor Rick Scott issued Executive Order (EO) No. 16-155
declaring a State of Emergency in Martin and St. Lucie counties due to the harmful waters
that continue to be discharged from Lake Okeechobee into the St. Lucie and
Caloosahatchee rivers and estuaries.
11. Section 252.363 Florida Statutes provides that any local government issued development
order or permit may be extended from the period remaining for each executive order for
the duration of the emergency declaration plus six months.
12. Section 252.363 Florida Statutes requires that a specific written notice be filed with the
issuing authority within ninety days after the termination of the declaration of emergency.
The applicant applied for this extension on July 19, 2016.
13. Planning Staff performed an analysis of the project and determined that the extension is
consistent with all the original St. Lucie County Development Order granting approval.
The analysis is found in the memorandum titled Midway Road Professional Plaza PNRD
Extension, dated September 8, 2016.
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director:
A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act, the Planned
Non -Residential Development Site Plan approval for the project known as Midway Road
Professional Plaza has been found to be eligible for extensions, the approval granted
under PDS No. 15-039, is now scheduled to expire August 7, 2018 for the property
described in Part B, hereby approved with the following conditions:
1. All previous conditions of approval applicable to the subject property, as contained in
the above referenced development orders have been consolidated as contained
herein. The property owner shall comply with all previous conditions of approval and
deadlines established by Chapter 11 of the Land Development Code and the Board of
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September 8, 2016 Page 2
County Commissioners, unless expressly modified herein.
2. 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 access to Christensen Road shall be allowed, if said relief is granted.
1 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. Prior to the issuance of any permits, a Final Development Order shall be obtained
from the Director of 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 ail 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 Planning and
Development Services, submit the required number of plans to the Department of
Planning and Development Services 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, Planning and
Development Services Department, Fire Department and any other agency that
may be determined by the Director of 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
Planning and Development Services.
5. The applicant, successors, or assigns shall provide certain improvements to
roadways, including bike lanes and sidewalks, required to address this project's
impacts on the County's roadway network. The following include, but are not limited
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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) Engineer's 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. 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 for that portion of Midway Road beginning at South 251" 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.
6. 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.
7. 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.
8. 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.
9. 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
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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 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.
10. 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 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 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.
11. 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 County to be
used for future transit facilities serving the project area.
12. 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.
13. The issuance of County Development Permit does not in any way create any rights on
the part of the applicant to obtain a permit from a state or federal agency and 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
File No.: BCC CSEN-720165042 PDS No. 16-039
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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 % of Section 5, Township
36 South, Range 40 East, run thence east along the south line of said northeast 1/4
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 said 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 25 feet as rights of way for
public road, (Christensen and Midway Road) and less and excepting the east 320
feet thereof.
Also less and except that portion described in deed recorded in O.R. Book 3121,
Page 2591, more particularly described as follows:
A strip of land for right of way purposes lying in a portion of lot 94, White City
Subdivision, as recorded in plat book 1, page 23, public records of St. Lucie
County, Florida, being more particularly described as follows:
Commence at the southwest corner of the northeast one quarter (114) of Section
5, Township 36 South, Range 40 East, said point also being the southwest corner
of said lot 94; thence run north 00 degrees 10' 25" west along the east line of said
northeast one quarter a distance of 50.00 feet; thence south 89 degrees 38'29"
east departing said east line a distance of 20.00 feet to the existing easterly right
of way line of Christenson Road (a 40 foot right of way) and the point of beginning;
thence north 00 degrees 10'25" west along said right of way line a distance of
280.00 feet to a point; thence north 89 degrees 50'06" east departing said right of
way line a distance of 20.00 feet; thence south 00 degrees 10'25" east along a line
20.00 feet easterly of and parallel to said easterly right of way line of Christenson
Road a distance of 265.18 feet; thence south 89 degrees 38'29" east along a line
15.00 feet northerly of and parallel to the existing northerly right of way line of
Midway Road (right of way varies), a distance of 299.87 feet; thence south 00
degrees 12'08" east a distance of 15.00 feet to a point of said northerly right of way
line a distance of 319.87 feet to a point on the easterly right of way line of
Christenson Road and the point of beginning.
Parcel id# 3405-133-0002-00015
Location: North side of West Midway Road, approximately % mile west of the
South 25th Street.
File No.: BCC_CSEN-720165042 PDS No. 16-039
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C. This PNRD (Planned Non -Residential Development) Site Plan statutory extension
approval shall expire on August 7, 2018 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.
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 statutory 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 811 day of September, 2016.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Le lie Olson, AICP
APPROVED AS TO FORM
AND CORRECTNESS:
� d -.....ice.
County A orney
Lap
G:IPlanning\PROJECT FILES1Midway Road Professional Plaza\BCC 1120154956.docx
File No.: BCC_CSEN-720165042 PDS No. 16-039
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