HomeMy WebLinkAbout26-056 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
' FILE# 5662156 08/26/2026 02:59:21 PM
OR BOOK 5522 PAGE 2676-2685 Doc Type:RESO
RECORDING: $86.50
RESOLUTION NO. 2026-56
FILE NO.: PD-2310-000032
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING ATLAS
FOR A PARCEL OF LAND GENERALLY BOUNDED BY KINGS HIGHWAY
ON THE WEST AND COPENHAVER ROAD TO THE EAST,
APPROXIMATELY 600 FEET NORTH OF PICOS ROAD, FROM THE AG-1
(AGRICULTURAL-1) AND RS-2 (RESIDENTIAL SINGLE-FAMILY-2)
DISTRICTS TO THE PNRD (PLANNED NONRESIDENTIAL
DEVELOPMENT DISTRICT) AND PRELIMINARY PNRD SITE PLAN
APPROVAL FOR A PROJECT TO BE KNOWN AS THE FORT PIERCE
COMMERCE CENTER PNRD.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
testimony and evidence, including, but not limited to the staff report, has made the following
determinations:
1) Leslie Olson, AICP, on behalf of Fort Pierce Commerce Center, LLC, presented a petition
for an Amendment to the Official Zoning Atlas from AG-1 (Agricultural-1) and RS-2
(Residential Single-Family-2) Zoning Districts to the PNRD (Planned Nonresidential
Development) Zoning District and an associated Preliminary PNRD Site Plan to develop a
distribution warehouse with three buildings totaling up to 836,500 square feet, to be
known as the Fort Pierce Commerce Center PNRD for property located on the east side of
North Kings Highway, 600 feet north of Picos Road, in unincorporated St. Lucie County,
Florida, as depicted on the attached location map as Exhibit A and described in Part A
below.
2) On December 18, 2025, the St. Lucie County Planning and Zoning Commission held a
public hearing on this petition, after a notice sign was installed on the property and
property owners within 500 feet of the subject property were mailed notice letters. The
Commission recommended that the Board of County Commissioners approve the request
for the property described in Part A.
3) On January 13, 2026, the Board of County Commissioners held a public hearing and voted
to transmit the associated Comprehensive Plan Future Land Use Map Amendment petition
to the Florida Department of Commerce, after the notice sign was on the property was
updated and property owners within 500 feet of the subject property were mailed notice
letters.
4) On January 20, 2026, the associated Comprehensive Plan Future Land Use Map
Amendment was transmitted to the Florida Department of Commerce, state and regional
agencies, and local governments.
5) On February 19, 2026, the Florida Department of Commerce, Florida Fish and Wildlife
Commission, and Treasure Coast Regional Planning Council provided responses in the
form of letters issuing no objections or comments on the associated Comprehensive Plan
Resolution No. 2026-56
File No.: PD-2310-000032
Page 2
Future Land Use Map Amendment. Other agencies offered no responses.
6) On April 7, 2026, the Board of County Commissioners held a public hearing on the
proposed petitions(s), after the notice sign was on the property was updated and property
owners within 500 feet of the subject property were mailed notice letters and voted to
continue the hearing until their May 19, 2026 Meeting at the request of the applicant.
7) On May 19, 2026, the Board of County Commissioners reconvened the public hearing on
the associated Comprehensive Plan Future Land Use Map Amendment and voted to adopt
the Amendment.
8) On May 19, 2026, the Board of County Commissioners reconvened the public hearing on
the proposed petition(s) an took action as provided herein.
8) The St. Lucie County Development Review Committee has reviewed the rezoning petition
and preliminary planned development site plan and found them to meet the technical
requirements and to be consistent with the St. Lucie County Comprehensive Plan, subject
to the conditions set forth in Part B of this Resolution.
9) The proposed change in zoning satisfies the requirements of Section 11.06.03 of the St.
Lucie County Land Development Code (LDC) and is consistent with the goals, objectives,
and policies of the Comprehensive Plan.
10) The 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
Comprehensive Plan, subject to the conditions set forth in Part B of this Resolution.
11) The proposed project, with conditions of approval, will not have an undue adverse effect
on adjacent property, the character of the neighborhood, traffic conditions, parking, utility
facilities, or other matters affecting the public health, safety, and general welfare.
12) 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, with the Conditions of Approval recommended by Staff.
13) 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, with the Conditions of Approval recommended by Staff.
14) The proposed project will be served by Fort Pierce Utility Authority for water and
wastewater services.
15) The corresponding Future Land Use Map Amendment petitioned for the subject property,
to establish the Fort Pierce Commerce Center MXD Activity Area was adopted on May
19, 2026.
Resolution No. 2026-56
File No.: PD-2310-000032
Page 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
ZONING MAP AMENDMENT
A. The location of the properties proposed for the Zoning Map Amendment from AG-1
(Agricultural-1) and RS-2 (Residential Single-Family-2) to PNRD (Planned Non-
residential Development) are described as follows:
Legal Description:
(AS TO TITLE COMMITMENT FILE NUMBER RAFL-47067)
PARCEL 1 (2313-223-0000-000-2): AN UNDIVIDED 45.61041% TENANT IN COMMON INTEREST
IN AND TO THE FOLLOWING LAND:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 13, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA,
EXCEPTING THEREFROM ROAD AND CANAL RIGHTS OF WAY, INCLUDING BUT NOT
LIMITED TO THOSE PORTIONS OF THE PROPERTY COMMONLY KNOWN AS:
LESS PARCEL NO. 123 STATE ROAD 713 ST.LUCIE COUNTY DESCRIPTION
A PORTION OF LAND LYING IN THE NORTHWEST ONE-QUARTER (NW 1/4) OF SECTION 13,
TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, AS SHOWN ON THE
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR ITEM/SEGMENT
NO. 2302566, SECTION 94003-2510 AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT A RAILROAD SPIKE, FOUND MARKING THE NORTHWEST CORNER OF SAID
NORTHWEST ONE-QUARTER (NW 1/4) OF SECTION 13; THENCE NORTH 89°37'28" EAST
ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER (NW 1/4) OF SECTION 13, A
DISTANCE OF 25.00 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY EXISTING
RIGHT OF WAY LINE OF STATE ROAD NO. 713 (KINGS HIGHWAY); THENCE SOUTH 00°12'19"
EAST ALONG SAID EASTERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 669.18 FEET
TO THE POINT OF BEGINNING; THENCE NORTH 89°40'22" EAST, A DISTANCE OF 110.00 FEET;
THENCE SOUTH 00012'19" EAST ALONG A LINE 110.00 FEET EAST OF AND PARALLEL WITH
SAID EASTERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 669.27 FEET; THENCE
SOUTH 89043'16" WEST,A DISTANCE OF 110.00 FEET; THENCE NORTH 00°12'19" WEST ALONG
SAID EASTERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 669.18 FEET TO THE POINT
OF BEGINNING;AND
LESS PARCEL NO.716 STATE ROAD 713 ST.LUCIE COUNTY DESCRIPTION
A PORTION OF LAND LYING IN THE NORTHWEST ONE-QUARTER (NW 1/4) OF SECTION 13,
TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, AS SHOWN ON THE
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR ITEM/SEGMENT
NO. 2302566, SECTION 94003-2510; SAID PORTION LYING ADJACENT TO THE EASTERLY LINE
OF PARCEL 123 AND EXTENDING EASTERLY NO MORE THAN 25.00 FEET BETWEEN
BASELINE OF SURVEY STATIONS 96+83.23 AND 103+27.53,FURTHER DESCRIBED AS:
COMMENCE AT A RAILROAD SPIKE, FOUND MARKING THE NORTHWEST CORNER OF SAID
NORTHWEST ONE-QUARTER (NW 1/4) OF SECTION 13; THENCE NORTH 89°37'28" EAST
ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER(NW 1/4) OF SECTION 13; A
DISTANCE OF 25.00 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY EXISTING
Resolution No. 2026-56
File No.: PD-2310-000032
Page 4
RIGHT OF WAY LINE OF STATE ROAD NO. 713 (KINGS HIGHWAY); THENCE SOUTH 00°12'19"
EAST ALONG SAID EASTERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 669.18 FEET;
THENCE NORTH 89040'22" EAST, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 00012'19" EAST,A DISTANCE OF 29.35 FEET; THENCE NORTH 89°47'41" EAST,
A DISTANCE OF 16.00 FEET; THENCE SOUTH 00°12'19" EAST, A DISTANCE OF 20.00 FEET;
THENCE SOUTH 89047'41" WEST, A DISTANCE OF 16.00 FEET; THENCE SOUTH 00°12'19" EAST,
A DISTANCE OF 619.92 FEET; THENCE NORTH 89°43'16" EAST, A DISTANCE OF 41.00 FEET;
THENCE NORTH 00012'19" WEST, A DISTANCE OF 669.31 FEET; THENCE SOUTH 89040'22"
WEST,A DISTANCE OF 41.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
PARCEL 2 (2313-223-0001-0009): AN UNDIVIDED 55.93474%TENANT IN COMMON INTEREST IN
AND TO THE FOLLOWING LAND:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 13, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS
ROAD AND CANAL RIGHTS OF WAY.
LEGAL DESCRIPTION:(AS TO TITLE COMMITMENT FILE NUMBER RAFL-47068)
AN UNDIVIDED 37.99969%TENANT IN COMMON INTEREST IN AND TO THE FOLLOWING:
FROM THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP
35 SOUTH,RANGE 39 EAST,RUN WESTERLY ALONG NORTH LINE OF SAID SECTION,40 FEET
TO WEST RIGHT OF WAY OF COPENHAVER ROAD; THENCE SOUTHERLY ALONG SAID WEST
RIGHT OF WAY, 685 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHERLY
ALONG WEST RIGHT OF WAY, 264 FEET; THENCE WESTERLY 292.46 FEET; THENCE
SOUTHERLY PARALLEL WITH COPENHAVER ROAD, 132 FEET; THENCE EASTERLY, 25 FEET;
THENCE SOUTHERLY, PARALLEL WITH COPENHAVER ROAD, 132 FEET; THENCE EASTERLY,
25 FEET; THENCE SOUTHERLY PARALLEL WITH COPENHAVER ROAD 132 FEET; THENCE
EASTERLY 242.38 FEET TO WEST RIGHT OF WAY OF COPENHAVER ROAD; THENCE
SOUTHERLY ALONG SAID WEST RIGHT OF WAY 60 FEET; THENCE WESTERLY 282 FEET;
THENCE SOUTHERLY PARALLEL WITH COPENHAVER ROAD, 194 FEET; THENCE EASTERLY
282 FEET TO WEST RIGHT OF WAY OF COPENHAVER ROAD; THENCE SOUTHERLY ALONG
SAID WEST RIGHT OF WAY, 41.8 FEET, M/L TO A POINT THAT IS 1042 FEET NORTH OF, AND
40 FEET WESTERLY OF, SOUTHEAST CORNER OF AFORESAID NORTHWEST QUARTER;
THENCE WESTERLY 399 FEET; THENCE SOUTHERLY PARALLEL WITH COPENHAVER ROAD,
888 FEET; THENCE EASTERLY 272.93 FEET; THENCE SOUTHERLY PARALLEL WITH
COPENHAVER ROAD, 154 FEET TO THE SOUTH LINE OF AFORESAID NORTHWEST QUARTER;
THENCE WESTERLY ALONG SOUTH LINE OF AFORESAID NORTHWEST QUARTER, 1159.29
FEET TO THE SOUTHWEST CORNER OF SOUTHEAST QUARTER OF AFORESAID NORTHWEST
QUARTER, THENCE NORTHERLY ALONG WEST LINE OF SAID SOUTHEAST QUARTER OF
NORTHWEST QUARTER, 1339.76 PLUS OR MINUS FEET, M/L TO NORTHWEST CORNER OF
SAID SOUTHEAST QUARTER OF NORTHWEST QUARTER;THENCE EASTERLY ALONG NORTH
LINE OF SAID SOUTHEAST QUARTER OF NORTHWEST QUARTER, 662.91 FEET, M/L TO
SOUTHEAST CORNER OF SOUTHWEST QUARTER OF NORTHEAST QUARTER OF NORTHWEST
QUARTER; THENCE NORTHERLY ALONG EAST LINE OF SAID SOUTHWEST QUARTER 654.95
PLUS OR MINUS FEET, M/L TO A POINT THAT IS 685 FEET SOUTH OF NORTH LINE OF
SECTION; THENCE EASTERLY 662.83 PLUS OR MINUS FEET, M/L TOWEST RIGHT OF WAY
COPENHAVER ROAD AND THE POINT OF BEGINNING. ABOVE DESCRIBED LANDS SITUATE,
LYING AND BEING IN ST.LUCIE COUNTY,FLORIDA.LESS ROAD RIGHT OF WAY.
TOGETHER WITH:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 746
FEET FOR POINT OF BEGINNING; THENCE WEST 439 FEET; THENCE NORTH 296 FEET;
THENCE EAST 439 FEET; THENCE SOUTH TO POINT OF BEGINNING. LESS AND EXCEPTING
RIGHT OF WAY OF COPENHAVER ROAD.
Resolution No. 2026-56
File No.: PD-2310-000032
Page 5
Parcel ID Numbers: 2313-214-0000-000-4,2313-223-0000-000-2,& 2313-223-0001-000-9
PRELIMINARY PNRD SITE PLAN
B. Pursuant to 11.02.05(B) of the LDC, the PNRD Preliminary Site Plan for the project
known as the Fort Pierce Commerce Center PNRD is hereby approved for the subject
property described in Part A above, as shown on the preliminary site plan drawings for the
project, Exhibit B, prepared by the District Planning Group and dated April 28, 2026, and
subject to the following conditions:
1. Prior to Final Site Plan approval,the following actions shall be completed:
a. a finalized landscape plan consistent with Land Development Code Section 7.09.00.
shall be provided; As deemed necessary to fulfill the LDC's intent to provide
adequate buffering between non-residential and residential uses, the final landscape
plan may be required to integrate new tree and shrub plantings along the eastern
boundary of the facility's vehicular use area(s). The Final Site Plan shall include an
obligation if three (3) noise violations are documented within a six (6) month period,
the applicant shall be obligated to design and make provisions to mitigate the noise
impacts (including but not limited to installation of a wall, landscaping, etc.).
b. the following prohibited activities shall be included under Section 4.0 of the
Preserve Area Monitoring and Management Plan (PAMMP): no clearing of native
vegetation, no dumping or fill, no vehicular traffic including ATVs, and no storage
of hazardous materials within TBD- feet of the Preserve Area (except where St.
Lucie County reviews, authorizes and permits limited use of the pre-existing access
easement serving the abutting property, Parcel 2313-213-0000-000-1); and
c. the development data table of the site plan shall be adjusted to specify the area(s) of
wetlands that will be preserved, consistent with the site plan's depiction and the data
provided within the Environmental Impact Report.
2. Prior to commencement of development and before clearing, filling, excavation,
grading, or planting of vegetation, as defined in LDC 2.00.00., the following actions
shall be completed.
a. the Final Site Plan shall include a note the developer shall provide executed
conservation easements over all preserved areas, along with the approved Preserve
Area Monitoring and Management Plan (PAMMP), with an attached affidavit and
cashier's check (payable to the Clerk of the Court for recording fees) to the County
Attorney. The applicant shall also provide a georeferenced GIS shapefile or CAD
file of conservation easement boundaries to St. Lucie County.
b. An Environmental Resource Permit (ERP) from South Florida Water Management
District (SFWMD) shall be provided to verify the limits of the wetlands. Should the
limits of the wetland substantially deviate from the environmental consultant's
delineation, a new Wetland Waiver application shall be submitted in accordance
with Comprehensive Plan Policy 6.1.14.4.; and
c. an updated listed species surveys (i.e. crested caracara, gopher tortoise, etc.) shall be
provided per state and/or federal survey protocol. Should any listed species be found
as a result of these surveys, appropriate permits from state and federal agencies shall
be required.
3. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall
Resolution No. 2026-56
File No.: PD-2310-000032
Page 6
be eradicated from the site.
4. Any fence or wall behind Samba St. properties shall be on the building (north) side of
the pond, as provided.
5. Exterior lighting shall be downcast and shielded to shield adjacent properties from glare
or hazardous interference during both the construction and operational phases.
6. The building shall utilize rooftop solar panels to offset greenhouse gas emissions.
7. A minimum of 10% of parking spaces shall be designated as "reserved" and utilized as
green space in the short-term and that can be converted to paved parking in the future if
deemed necessary.
8. A Site Development Permit is required prior to performing site improvement activities.
C. 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, St. Lucie County Fire 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.
D. The conditions set forth in Part B are an integral and non-severable part of the Preliminary
PNRD site plan approval granted by this Resolution. If any condition set forth in Part B is
determined to be invalid or unenforceable for any reason and the developer declines to
comply voluntarily with that condition, the site plan approval granted by this Resolution
shall become null and void.
E. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit C
was signed by the applicant on June 20, 2023.
F. A copy of this Resolution shall be mailed to the owner of record as identified on the
application.
G. This Resolution shall be recorded in the Public Records.
H. The Official Zoning Atlas Amendment (Rezoning) and PNRD Preliminary Site Plan shall
not become effective unless and until the associated Future Land Use Map Amendment
adopted via Ordinance 2026-7 becomes effective.
Resolution No. 2026-56
File No.: PD-2310-000032
Page 7
I. ADOPTION
After the motion and second,the vote on this Resolution was as follows:
Jamie Fowler, Chair AYE
Larry Leet, Vice-Chair AYE
James Clasby, Commissioner AYE
Erin Lowry, Commissioner AYE
Cathy Townsend, Commissioner ABSENT
PASSED AND DULY ADOPTED this 19"' day of May, 2026.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY,FLORIDA
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Resolution No. 2026-56
File No.: PD-2310-000032
Page 9
EXHIBIT B
(PRELIMINA R Y PNRD SITE PLAN)
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Resolution No. 2026-56
File No.: PD-2310-000032
Page 10
EXHIBIT C
CONCURRENCY DEFERRAL AFFIDAVIT
St. Lucie County
Concurrency Deferral Affidavit
1, Chaim Weiss_,residing or doing business at 30 S. Hope Chapel Rd.,
Name Street
Jackson NJ 08527 (732)987-5252
City State Zip Phone
have applied fora FLUMA,PNRD& Wetland Waiver from St. Lucie County, Florida,
Type of Development Order
for the following project: Fort Pierce Commerce Center
Name of Proposed Development
I do hereby affirm that in connection with my application for the above project, I have elected to
defer the certificate of capacity and reservation of capacity in public facilities for the above
property until a later time, but no later than the application for a final development order for the
same property.
I understand and acknowledge that the above listed property will be subject to the certificate of
capacity before any final development order can be issued, and that St. Lucie County can make
no guarantee that adequate public facilities will be available when I apply for the final
development order.
1 further acknowledge that according to Section 5.08.01 of the St. Lucie County Land
Development Code, no final development approval can be granted until capacity in those
facilities is available at that time. The issuance of a preliminary development order without a
certificate of capacity creates no vested or other rights to develop the subject property.
Signed: !N� Date:
Applicant
/
STATE OF New Jersey
COUNTY OF 0(_Q5?n
The foregoing instrument was acknowledged before me this �� day of u)f 20�rj by_
tyl who is personally known to me or who has produced
as identification.
�Zjzw✓
qiat f Type or Print Name of Notary
PENINA M GREEN
c-state of New Jersey Commission Number (Seal)
My Commission Expires Aug 9,2026
Page 1 of I
Revised: April 1,2008