HomeMy WebLinkAboutPDS-19-007 - Midway Road Professional PlazaPDS No. 2019-007
EDO 2201915463
AN ORDER GRANTING A STATUTORY EXTENTION PROVIDED BY FLORIDA
STATUTE SECTION 252.363, TO THE SCHEDULED EXPIRATION DATE FOR
THE APPROVED PLANNED NON-RESIDENTIAL DEVELOPMENT SITE PLAN
KNOWN AS MIDWAY ROAD PROFESSIONAL PLAZA.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
request for a 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 May 3, 2017, the Governor issued Executive Order 17-146 for a period of 60 days due to
an opioid epidemic threat to the State of Florida. The Governor further extended this order
ten times by issuing Executive Orders 17-177,17-230, 17-285, 17-329, 18-47, 18-110, 18-
177, 18-235, 18-279 and 18-362 due to the continual opioid epidemic threat to the State of
Florida residents.
3. On October 2, 2017, the Governor issued Executive Order 17-259 for a period of 60 days
due to the recovery and impacts of Hurricane Maria. The Governor further extended this
order seven times by issuing Executive Orders 17-304, 18-17, 18-80, 18-135, 18-214, 18-
236 and 18-281 due to the effects of Hurricane Maria.
4. On October 4, 2018, the Governor issued Executive Order 18-275 for a period of 60 days
due to the red tide effects on marine life and Florida's beaches. The Governor further
extended this order by issuing EO 18-282 due to the ongoing effects of red tide on Florida's
beaches.
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. The Governor further extended this
order two times by issuing Executive Orders 18-249 and 18-311 due to the ongoing threat of
algae blooms.
6. On September 14, 2018, the Governor issued Executive Order 18-253 for a period of 60
days due to the threat of Hurricane Florence to the residents of the State of Florida.
File No.: EDO 2201915463 . PDS No2019-007
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page: 1
SAINT LUCIE COUNTY
FILE # 4539223 03/0712019 08:49:53 AM
OR BOOK 4240 PAGE 2576 - 2583 Doc Type: ORD
RECORDING: $69.50
7. Florida Statute Section 252.363 provides that any local government issued development
order or permit may be extended from the period remaining for the duration of the
emergency declaration plus six months.
8. 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 February 4, 2019.
9. Planning Staff performed an analysis of the project and determined that the extension is
consistent with 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 Executive Order Extension, dated March 1, 2019.
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director:
A. Pursuant to Florida Statute Section 252.363, 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. 18-053, is
now extended from its last scheduled date of November 4, 2024 and shall now expire
February 2, 2026, for the property described in Part B, is hereby approved with the following
conditions:
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.
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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 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
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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.
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:
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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. 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
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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 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 % mile west of the South
25th Street.
C. This PNRD (Planned Non -Residential Development) Site Plan statutory extension approval
shall expire on February 2, 2026 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.
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G. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective this 5day of , 2019.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Leslie Olson, A CP
APPROVED AS TO FORM
AND CORRECTNESS:
BY
File No.: EDO 2201915463 PDS No. 2019-007
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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
Ex—T piration
Comments
Approval Granted
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
09/19/2013
Community Renewal Act
11/17/2010
_
PDS 10-018
SB 1752 Statutory
Extension
State of Emergency
Act
08/09/2014
Pursuant to Chapter
01/27/2012 PDS 12-011
2011-142
12/04/2012
06/04/2014
12/04/2015
09/08/2016
10/09/2017
01/22/2018
PDS 12-040
PDS 14-029
Rescinded PDS
12-040
PDS 15-039
PDS 16-039
PDS 17-042
PDS 18-010
09/27/2018 I PDS 18-053
E012-140 01/05/2016 ' Tropical Storm Debby
E012-192 and Tropical Storm Isaac
E012-199
2 -Year LDC
Administrative Extension
E015-173
E016-59
E016-155
E016-230
E016-274
E017-16
E017-67
(EO) 17-120, 17-174,
17-204, 17-146, 17-177,
17-230, 17-285, 17-329,
17-235, 17-287, 17-330,
17-259, 17-304
(EO) 18-17, 18-80, 18-
135, 18-214, 18-236, 18-
47, 18-110, 18-177, 18-
235, 18-150, 18-157, 18-
191, 18-249
08/09/2016
04/10/2017 Tropical Storm Erika
08/07/2018 Discharges of harmful
water from Lake
Okeechobee to the St.
Lucie and
Caloosahatchee rivers
10/04/2019 threat of Hurricane
Matthew
02/27/2023 Wildfires
Tropical Storm Emily
Opioid Epidemic
Hurricane Irma
Hurricane Maria
11/04/2024 Hurricane Maria
Opioid Epidemic
Subtropical Storm Alberto
Lake Okeechobee Algae
Blooms