Loading...
HomeMy WebLinkAboutPDS-18-053 - Midway Road Professional PlazaPDS NO. 18-053 File No. EDO 820185353 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 by Dreyer Law Firm, P.L. 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 25th Street in the PNRD (Planned Non -Residential Development) Zoning District. 2. On January 25, 2018, the Governor issued Executive Order 18-17 for a period of 60 days due to the recovery and impacts of Hurricane Maria. The Governor of Florida further extended the state of emergency for Hurricane Maria by issuing EO 18-80 on March 23, 2018, EO 18-135 on May 22, 2018, EO 18-214 on July 20, 2018 and EO 18-236 on August 20, 2018 due to the effects of Hurricane Maria. 3. On February 19, 2018, the Governor issued Executive Order 18-47 for a period of 60 days due to ongoing opioid epidemic threat to the State of Florida. The Governor of Florida further extended the opioid epidemic by issuing EO 18-110 on April 19, 2018, EO 18-177 on June 20, 2018 and EO 18-235 on August 17, 2018 due to the continual opioid epidemic threat to the State of Florida residents. 4. On May 26, 2018, the Governor issued Executive Order 18-150 for a period of 60 days due to the threat of heavy rainfall and flooding from Subtropical Storm Alberto. On June 8, 2018, EO 18-150 was terminated by Executive Order 18-157 due to the storm no longer posing a threat to the State of Florida. 5. On July 9, 2018, the Governor issued Executive Order 18-191 for a period of 60 days due to the discharge of harmful water from Lake Okeechobee into the Caloosahatchee River, St. Lucie River, the Indian River Lagoon and estuaries causing a wide -spread of algae blooms. On September 6, 2018, the state of emergency was further extended by EO 18- 249 due to the health, safety and welfare of the State of Florida and its residents. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT File No.: EDO 820185353 SAINT LUCIE COUNTY PDS No. 18-053 FILE # 4486593 1010212018 - 528 27 c Type: ORD Page 1 OR BOOK 4187 PAGE 521 528 Doc RECORDING: $6950 6. 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. 7. 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 August 8, 2018. 8. Planning Staff performed an analysis of the project and determined that this statutory extension is consistent with all the original St. Lucie County development orders granting extensions depicted on the attached Exhibit A. Further analysis is found in the memorandum titled Midway Road Professional Plaza PNRD 18-17 (Hurricane Maria), 18- 47 (Opioid Epidemic), 18-150 (Subtropical Storm Alberto) and 18-191 (Lake Okeechobee Algae Blooms) Extensions, dated September 21, 2018. 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 eligible for this statuary extension. The approval granted under PDS Order No. 18-010, is now extended from its last scheduled date of February 27, 2023 and shall now expire November 4, 2024, for the property described in Part B, is 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 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. 3. 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 File No.: EDO 820185353 PDS No. 18-053 Page 2 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 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 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 25th Street and termination at the eastern limits of the Turnpike overpass, whichever occurs first. File No.: EDO 820185353 PDS No. 18-053 Page 3 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 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 File No.: EDO 820185353 PDS No. 18-053 Page 4 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. Lucie 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 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 Northeast 1/4 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 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 0. R. Book 3121, Page 2591, more particularly described as follows: A File No.: EDO 820185353 PDS No. 18-053 Page 5 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 (1/4) 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 Christensen 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 Christensen 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 on said Northerly Right of Way line of Midway Road; Thence North 89 degrees 38' 29" West along said Right of Way line a distance of 319.87 feet to a point on the Easterly Right of Way line of Christensen Road and the Point of Beginning. Parcel id# 3405-133-0002-000/5 Location: North side of West Midway Road, approximately %4 mile west of the South 25' Street. C. This PNRD (Planned Non -Residential Development) Site Plan statutory extension approval shall expire on November 4, 2024 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. File No.: EDO 820185353 PDS No. 18-053 Page 6 G. This order shall be recorded in the Public Records of St. Lucie County. This ORDER is effective the day of gL��e+n�er , 2018. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY LeMe Olson, VCP APPROVED AS TO FORM AND CORRECTNESS: File No.: EDO 820185353 PDS No. 18-053 Page 7 EXHIBIT - A Midway Road Professional Plaza The following table provides a historic time line of the approvals granted to the subject site plan. Date Approval Approval Granted Expiration Comments Date 03/10/2009 Resolution 09- 12 -Month LDC 09/19/2009 005 Extension 12/21/2009 GM 09-31 SB 360 Statutory 09/19/2011 Florida Statutes Extension Community Renewal Act 11/17/2010 PDS 10-018 SB 1752 Statutory 09/19/2013 Extension 01/27/2012 PDS 12-011 State of Emergency Act 08/09/2014 Pursuant to Chapter 2011-142 12/04/2012 PDS 12-040 EO12-140 01/05/2016 Tropical Storm Debby EO12-192 and Tropical Storm Isaac EO12-199 06/04/2014 PDS 14-029 2 -Year LDC 08/09/2016 Rescinded PDS Administrative Extension 12-040 12/04/2015 PDS 15-039 EO15-173 04/10/2017 Tropical Storm Erika 09/08/2016 PDS 16-039 EO16-59 08/07/2018 Discharges of harmful EO16-155 water from Lake Okeechobee to the St. Lucie and Caloosahatchee rivers 10/09/2017 PDS 17-042 EO16-230 10/04/2019 threat of Hurricane EO16-274 Matthew EO17-16 EO17-67 01/22/2018 PDS 18-010 (EO) 17-120, 17-174, 02/27/2023 Wildfires 17-204, 17-146, 17-177, Tropical Storm Emily 17-230, 17-285, 17-329, Opioid Epidemic 17-235, 17-287, 17-330, Hurricane Irma 17-259, 17-304 Hurricane Maria