HomeMy WebLinkAbout23-218 - Orange 95 Commerce Center RESOLUTION 2023-218
File Numbers: PD-2209-000019
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. E o
LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL ZONING
ATLAS FROM THE CG (COMMERCIAL GENERAL) AND THE AR-1
(AGRICULTURAL, RESIDENTIAL-1) ZONING DISTRICTS TO THE PNRD a
(PLANNED NON-RESIDENTIAL DEVELOPMENT) ZONING DISTRICT AND o N°
A PRELIMINARY PNRD SITE PLAN TO BE KNOWN AS THE ORANGE 95 o 0
COMMERCE CENTER PHASE 2 (PARCELS D & E) ON +/-34.01 ACRES W N
OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF NORTH W v s
JENKINS ROAD AND FLOYD JOHNSON ROAD, AND EAST OF LAMONT d v N a
ROAD, IN SAINT LUCIE COUNTY, FLORIDA. ciwgsb
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WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based 1 Z W m o
upon acceptable evidence, including but not limited to the staff report, has made the oPeJ
following determinations:
ZONING ATLAS AMENDMENT
1) Engineering Design & Construction, Inc., on behalf Tambone Companies
and the Property Owner, Joseph G Miller (TR), presented a petition for an
Amendment to the Official Zoning Atlas from the CG (Commercial General)
and AR-1 (Agricultural, Residential-1) Zoning Districts to the PNRD
(Planned Non-Residential District) Zoning District, for certain property in St.
Lucie County, Florida, located at the Southwest corner of N. Jenkins Road
and Floyd Johnson Road (south of NSLRWCD Canal #44), and east of
Lamont Road Right-of-Way, as depicted on the attached map as Exhibit A
and described in Part A below.
2) On October 19, 2023, the St. Lucie County Planning and Zoning
Commission continued the public hearing installing a sign on the property
and notifying by mail all owners of property within 500 feet of the subject
property, at which all interested persons were given an opportunity to be
heard and recommended that the Board of County Commissioners approve
the request for the property described in Part A.
3) On November 14, 2023, the Board of County Commissioners held a public
hearing on this petition after publishing notice in the St. Lucie News Tribune
at least 10 days prior to the hearing, installing a sign on the property and
notifying by mail all owners of property within 500 feet of the subject
property, at which all interested persons were given an opportunity to be
heard.
Resolution No. 2023-218
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4) The St. Lucie County Development Review Committee has reviewed the
Rezone Petition and found it to meet the technical requirements and to be
consistent with the St. Lucie County Comprehensive Plan, subject to the
conditions set forth in Part C of this Resolution.
5) The proposed zoning change is consistent with the St. Lucie County
Comprehensive Plan and has satisfied the requirements of Section 11.06.03
of the St. Lucie County Land Development Code.
PRELIMINARY PNRD SITE PLAN
6) Engineering Design & Construction, Inc., on behalf of Engineering Design &
Construction, Inc., on behalf Tambone Companies and the Property Owner,
Joseph G Miller (TR), submitted a Preliminary PNRD (Planned Non-
Residential Development) Site Plan for development of a light industrial
complex with three (3) buildings & associated site improvements, to be
known as the Orange 95 Commerce Center Phase 2 (Parcels D & E)
PNRD, for the property depicted in the attached map as Exhibit "A" and
described in Part A below.
7) On October 19, 2023, the St. Lucie County Planning and Zoning
Commission held the public hearing on this petition after installing a sign on
the property and notifying by mail all owners of property within 500 feet of
the subject property, at which all interested persons were given an
opportunity to be heard and recommended that the Board of County
Commissioners approve the request for the property described in Part A.
8) On November 14, 2023, the Board of County Commissioners held a public
hearing on this petition after publishing notice in the St. Lucie News Tribune
at least 10 days prior to the hearing, installing a sign on the property and
notifying by mail all owners of property within 500 feet of the subject
property, at which all interested persons were given an opportunity to be
heard.
9) The St. Lucie County Development Review Committee has reviewed the
Preliminary PNRD Site Plan for the project and found it to meet the
technical requirements and to be consistent with the St. Lucie County
Comprehensive Plan, subject to the conditions set forth in Part C of this
Resolution.
10) The proposed project, with conditions of approval, will not have an undue
adverse effect on adjacent property, the character of the neighborhood,
Resolution No. 2023-218
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traffic conditions, parking, utility facilities or other matters affecting the public
health, safety, and general welfare.
11) 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.
12) 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.
13) The proposed project will be served by the Fort Pierce Utilities Authority for
water and wastewater services.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
St. Lucie County, Florida:
ZONING ATLAS AMENDMENT
A. The property on which the Zoning Atlas Amendment, or change in zoning, from
the CG (Commercial General) and AR-1 (Agricultural, Residential-1) to PNRD
(Planned Non-Residential District) is being granted is described as follows:
Legal Description:
PARCEL D:
BEING A PARCEL OF LAND LYING IN THE NORTHEAST %4 OF SECTION 12, TOWNSHIP
35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE NORTHEAST %4 CORNER OF SAID SECTION 12; THENCE SOUTH 89°45'46"
WEST, ALONG THE NORTH LINE OF SAID SECTION 12, A DISTANCE OF 163.27 FEET;
THENCE SOUTH 00°06'24" WEST, DEPARTING SAID NORTH LINE, A DISTANCE OF 64.50
FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF JENKINS ROAD AS SHOWN
ON THE ST. LUCIE RIGHT-OF-WAY MAP, DRAWING NO. 324, SHEET 3 OF 5, SAID POINT
ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°06'24" WEST,
ALONG SAID WEST LINE, A DISTANCE OF 607.24 FEET TO THE SOUTH LINE OF THE
NORTH %4 OF THE [NORTHEAST] % OF SAID SECTION 12; THENCE SOUTH 89°44'22"
WEST, DEPARTING SAID WEST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF
1,162.81 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST %4 OF SAID
SECTION 12; THENCE NORTH 00°04'21" EAST, DEPARTING SAID SOUTH LINE AND
ALONG SAID WEST LINE, A DISTANCE OF 607.53 FEET TO THE SOUTH RIGHT-OF-WAY
LINE OF THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 31;
THENCE NORTH 89°45'46" EAST, DEPARTING SAID EAST LINE AND ALONG SAID
SOUTH LINE, A DISTANCE OF 1,163.17 FEET TO THE POINT OF BEGINNING.
Resolution No. 2023-218
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PARCEL E:
THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12,
TOWNSHIP 35 SOUTH, RANGE 39 EAST, EXCEPTING THEREFROM RIGHTS OF WAY
FOR DRAINAGE CANALS AND ROADS.
CONTAINING 34.01 ACRES, MORE OR LESS.
Parcel ID Numbers: 2312-111-0001-000-2 & 2312-121-0000-000-6
B. The St. Lucie County Planning and Development Services Director shall be
authorized to amend the Official Zoning Map to change the zoning of the
property herein described, from CG (Commercial General) and AR-1
(Agricultural, Residential — 1) to PNRD (Planned Non-Residential District) and
to make notation of the reference to the date of adoption of this Resolution.
PRELIMINARY PNRD SITE PLAN
C. Pursuant to 11.02.05(B) of the St. Lucie County Land Development Code, the
PNRD (Planned Non-Residential Development) Preliminary Site Plan for the
project known as Orange 95 Commerce Center Phase 2 (Parcels D & E) is
hereby approved, for the subject property described in Part A above, as shown
on the preliminary site plan drawings for the project, prepared by Engineering
Design & Construction, Inc. and dated May 26, 2023, and date stamped
received by the St. Lucie County Planning & Development Services
Department on September 2, 2023, as attached and incorporated herein as
Exhibit C, and subject to the following conditions:
1. Prior to Final Site Plan approval, a finalized landscape plan consistent
with Land Development Code 7.09.00 shall be provided.
2. Prior to Final Site Plan approval, a finalized tree mitigation plan
consistent with Land Development Code 6.00.05.D shall be provided.
3. Prior to commencement of development, including, but not limited to
clearing, filling, excavation, grading, or planting of vegetation, as defined
in LDC 2.00.00., listed species surveys shall be updated as necessary
per individual species-specific requirements or written correspondence
stating all potential concerns have been addressed. If any listed species
are found to be present as a result of these surveys, appropriate
mitigative measures per state and federal agency requirements shall be
provided prior to initiation of any clearing activities.
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4. Prior to issuance of a Certificate of Occupancy all Category I listed
invasive plants shall be eradicated from the site.
5. A Site Development Permit is required prior to performing site
improvement activities. In accordance with the permit and Land
Development Regulations, the applicant shall retain the FOR for site
inspections and final certification.
6. Within 90 days of development approval, the applicant, property owner,
developer, successors, or assigns, shall convey to St. Lucie County, in a
manner or form acceptable to the County Attorney, 70' right-of-way
along Lamont Road/Road B as determined by the Public Works
Department.
7. A Road Improvement Agreement and appropriate bond will be required
for all permanent improvements within the Right-of-Way.
D. The Preliminary PNRD Site Plan approval granted by this Resolution shall
expire on November 14, 2025 unless a Final Site Plan is obtained, or an
extension is granted in accordance with Section 11.02.06(B)(3) of the Land
Development Code.
E. The developer is advised as part of this approval that the property owner(s),
developer, etc., including any successors in interest, shall obtain all applicable
development permits and construction authorizations from the appropriate
State and Federal and local regulatory agencies including, but not limited to,
the United States Army Corps of Engineers, the Florida Department of
Environmental Protection, Florida Department of Transportation, South Florida
Water Management District, and the St. Lucie County Environmental
Resources, Public Works, and Building Departments prior to the
commencement of any development activities on the property described in Part
A. Issuance of this authorization or permit by the County does not in any way
create any rights on the part of the developer to obtain a permit from a State or
Federal agency and does not create any liability on the part of the County for
issuance of this permit if the developer fails to obtain requisite approvals or
fulfill the obligations imposed by a State or Federal agency or undertake actions
that may result in a violation of State or Federal law.
F. The conditions set forth in Part C above are an integral non-severable part of
the Preliminary Site Plan approval granted by this Resolution. If any condition
set forth in Part C above is determined to be invalid or unenforceable for any
reason and the developer declines to comply voluntarily with that condition, the
Resolution No. 2023-218
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Preliminary Site Plan approval granted by this Resolution shall become null and
void.
G. A Concurrency Deferral Affidavit, a copy of which is attached hereto as Exhibit
B and made a part hereof the Resolution, was signed by the applicant on May
9, 2022.
H. The conditions set forth in Part C are an integral non-severable part of the
approval granted by this Resolution. If any condition set forth in Parts C is
determined to be invalid or unenforceable for any reason and the applicant or
property owner declines to comply voluntarily with that condition, the approval
granted by this Resolution shall become null and void.
I. A copy of this Resolution shall be provided to the owner of record as identified
on the application.
J. This Resolution shall be recorded in the Public Records.
K. ADOPTION
After motion and second, the vote on this Resolution was as follows:
Cathy Townsend, Chair AYE
Linda Bartz, Vice-Chair AYE
Chris Dzadovsky, Commissioner AYE
Larry Leet, Commissioner AYE
Jamie Fowler, Commissioner AYE
PASSED AND DULY ADOPTED this 14 day of November, 2023.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
(\\
BY:
HAIR
Resolution No. 2023-218
Page 6 File No(s): PD-2209-000019
ATTEST: APPROVED AS TO FORM AND
CORRECTNESS:
BY: l%
DEPUTY CLERK �,�y GOMM'SO OUNTY A O"NEY
� Zt�
Gc'F COUNrco'
Resolution No. 2023-218
Page 7 File No(s): PD-2209-000019
EXHIBIT A
(LOCATION MAP)
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AFFECTED LAND AREA: 34.01 ACRES +/-
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Resolution No. 2023-218
Page 8 File No(s): PD-2209-000019
EXHIBIT B
(Concurrency Deferral Affidavit)
Resolution No. 2023-218
Page 9 File No(s). PD-2209-000019
EXHIBIT C
(PRELIMINARY PNRD SITE PLAN)
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Resolution No. 2023-218
Page 12 File No(s): PD-2209-000019