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4Y1: RESOLUTION 01-138
FILE NO.: MJSP-01-001
A RESOLUTION GRANTING MAJOR SITE PLAN
APPROVAL FOR- THE PROJECT TO BE KNOWN
AS MIDWAY INDUSTRIAL PARK, PHASE III IN
THE IH (INDUSTRIAL HEAVY)IONING DISTRICT
FOR PROPERTY LOCATED 'IN ST. LUCIE
COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of. St Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. Midway Properties of St. Lucie County, LC, presented a petition for Major Site Plan
Approval to allow an 18-lot industrial subdivision .to be known as Midway Industrial
Park, Phase -III Subdivision on 286 acres of land at the northeast corner of the
intersection of South Jenkins. Road and West .Midway Road, in the IH (Industrial
Heavy) Zoning District for the property described in Part B below.
2. The Development Review Committee has reviewed the site plan for the proposed
projectand, found it to meet all technical requirements and to be consistent with the
future land.use maps of the St. Lucie County Comprehensive'Plan, subject to certain
conditions set forth in Part A.
3. The proposed project is consistent with the general purpose, goals, objectives and
standards of the St. Lucie County Land Development Code, the St. Lucie County
Comprehensive Plan and the Code of Ordinances of St. Lucie County.
4i With the conditions imposed. pursuant to this Resolution, the proposed project 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.
5.1 All reasonable steps have been taken to minimize. any adverse effect on the proposed
project on the immediate vicinity through building design, site design including upland
and wetland buffers, landscaping and screening.
6.1 With the conditions imposed in Part A of this Resolution, 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.
7. The Fort Pierce Utility Authority will provide .water and sewer service to the proposed
project.
8. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by
the Community Development Director on September 25, 2001.
FilelNo.: MJSP-01-001
Sep, ember 25, 2001 `
Resolution 01-138
'Page 1
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
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County, Florida:
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A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site
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plan for the project to be known as Midway Industrial Park, Phase 111, is hereby
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approved as depicted on the site plan drawings -for the project, prepared by Culpepper &
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Terpening, Inc., dated 3/26/01, last revised 8/21/0.1, and date stamped received by the
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St. Lucie County Community Development Director on 8/23/01, for the property
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described in Part B, subject to the following conditions:
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1. Prior to issuance of any building permits for any lot within the Midway Industrial
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Park, Phase III Subdivision, the petitioner, their successors or assigns, shall
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convey to St. Lucie County, in manner and form acceptable to the St. Lucie County
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Attorney, the south 40 feet of the parcel for the future widening of West Midway
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Road. To the extent permitted under the County's Code and Compiled Laws, any
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such dedication may be considered eligible for Road Impact Fee Credits.
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2. Prior to issuance of any, building permits for any lot within the Midway Industrial
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j Park, Phase III Subdivision, the petitioner, their successors or assigns, shall
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convey to St. Lucie County, in manner and form acceptable to the St. Lucie County
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Attorney, the road right-of-way for South Jenkins road as depicted on the site plan
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drawings referenced in this Resolution. To the extent permitted under the
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County's Code and Compiled Laws, any such dedication may be considered
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eligible for Road Impact Fee Credits.
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3. Prior to the issuance of any building permits on any of the lots within the area
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referred to as the Midway Industrial Park, Phase III site plan, excluding lot 5, the
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developer, his successors or assign to that property shall be required to submit a
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complete site plan for review and approval, regardless of the size of the project.
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Each site plan shall be prepared in accordance with the requirements set forth in
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Section 11.02.00 of the St. Lucie County Land Development Code. Each individual
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site plan submittal shall be required to 'provide a traffic impact statement, prepared
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by a professional engineer registered in the State of Florida and with demonstrated
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familiarity with traffic planning practices, the purpose of which is to provide for a
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cumulative impact review of the developments traffic impacts. Unless the
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proposed use of the property requires review and processing as a conditional use,
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all development reviews shall be processed consistent with the Minor Site Plan
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Review process. Should a conditional use permit be required, the appropriate
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i process shall be adhered to.
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4. Prior to the issuance of the first building permit, in any portion of the proposed
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development project known as Midway Industrial Park, Phase III, excluding any
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proposals on Lots 5, 7 or 8, provided that the development on Lots 7 or 8 is
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associated with the development of the Duke Energy site plan project approved
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through Resolution 01-007, the developer shall post a letter of credit or other from
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of security acceptable to the St. Lucie County Attorney, in the amount of one-half of
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the cost to provide for the signalization of the intersection of South Jenkins Road
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and West Midway Road. The estimated cost of this signalization is $175,000. The
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required amount to bonded would be $87,500. If after 10 years from the date of
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the required security being posted - with St. Lucie County traffic signal is not
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warranted, the security shall be refunded or released.
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File No.: MJSP-01-001 Resolution 0 1 -138
September 25, 2001 Page 2
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5. No building permits for any portion of the Midway Industrial Park, Phase III, may be
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issued until contracts have been let for the construction of dedicated left turn lanes
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(north, south, east and west) at the intersection of West Midway Road and Selvitz
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Road. No Certificates of Occupancy shall be issued for any portion of the Midway
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Industrial,Park until the construction of these turn lanes has been completed. This
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condition shall not apply to any proposals on Lots 5, 7 or 8, provided that the
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development on Lots 7 or 8 is associated with the development of -.the Duke Energy
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site plan project approved through Resolution 01-007.
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6. No building permits for any portion of the Midway Industrial Park, Phase III
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development lying south of NSLRWCD Canal No. 102 (the south �'/z) shall be
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issued until left and right turn lanes are provided along West Midway Road at the
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intersection of South Jenkins Road and West Midway Road.
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7. No building permits for any portion of the Midway Industrial Park, Phase III
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development lying south of NSLRWCD Canal No: 102 (the south '/2) shall be
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issued until right and left turn lanes are provided along West Midway Road at the
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intersection of Post Office Road and West Midway Road.
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8. No more than 38 acres (2,400 aadt trips) of any portion of the Midway Industrial
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Park, Phase III development lying north of NSLRWCD Canal No. 102 (the north %z)
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may be developed until the intersection of Energy Drive and Selvitz Road has been
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signalized. If it is shown that the required signal improvements are not warranted,
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then these improvements may be deferred until warrants are met: Signal warrant
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studies at this intersection shall be a part of any traffic impact fee statement
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submitted as required condition number 2.
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9. Prior to the issuance of any Land Clearing Permits for any lot within the Midway
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Industrial Park, Phase III Subdivision, the developers shall clearly delineate all
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areas to be preserved and/or protected. Delineation shall be by either silt fencing,
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safety fencing or similar type of materials. All land clearing activities shall be in
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accordance to the specific conditions/standards outlined in the Land Clearing
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Permit.
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10. Prior to commencement of any land clearing activities, the developer shall have
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obtained from the appropriate permitting authorities all necessary permits and
approvals to provide for the relocation of all gopher tortoises found on the project
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site. Prior to the elimination of nay gopher tortoise burrows,, all efforts at relocation
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shall have been fully explored and demonstration of the inability or implacability to
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relocate any on -site gopher tortoises shall be demonstrated to St. Lucie County.
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11. The proposed wetland mitigation/preservation area depicted on the. project site
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plan is recognized as conceptual in nature and subject to further Federal and State
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agency approval. If any agency approvals are not obtained or if an alternative plan
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is found to be more appropriate, the project mitigation plan depicted in the site plan
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submittal shall be amended accordingly.
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12. Final plats for this project shall include as part of the required conservation
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easements, all required upland buffers for the isolated wetlands. The upland
buffers shall consist of preserved or planted vegetation but shall include canopy,
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understory, and ground cover of native species only. The edge habitat shall begin
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at the upland limit of any wetland or'deepwater habitat and a minimum of ten (10)
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square feet of buffer shall be provided for each linear foot of wetland or deepwater
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habitat perimeter. This upland edge habitat is to be located so that no less than
File No.: MJSP-01-001 Resolution 01-138
September 25, 2001 Page 3
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fifty (50) percent of the .total shoreline is provided with a buffer strip at least ten (10)
feet in width.
13. As part of the Platting of this property, the referenced Conservation Lots on the
project site plan shall be recognized as non -buildable parcels.
14. As. part' of the ,Platting of this property, all conservation easements and
environmental dedications shall include a requirement that St. Lucie must approve
any release, in part or total, of any portion of any conservation easement or
dedication.
15. As part of the site plan of the review process for all lots with the Midway Industrial
Park, Phase III development area, all, development is subject applicable and
requirements of Chapter 6, of the County's Land Development Code. No lot may
be clear-cut or otherwise altered until a complete vegetation removal/ protection
plans has been submitted to and approved by St. Lucie County
B. The property on which this Major Site Plan approval is being granted is described as
follows:
DESCRIPTION
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Parcel 1
That part of the south one -.half of Section. 31, Township 35 South, Range 40 East,
St. Lucie County, Florida, lying south and east of the Florida East Coast Railroad
right-of-way;
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Less and except the following:
(i) That portion of thereof conveyed to the City of Fort Pierce, Florida, for the
use and benefit of the Fort Pierce Utilities Authority as , described in a
special deed dated November 9, 1992, recorded in O. R. Book 816, Page � 4
1135 of the Public Records of St. Lucie County, Florida;
Also less: M
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(ii) The right-of-way for North St. Lucie River Water Control District Canals 101 . r„
and 102;
Also less: _
(iii) The right-of-way for Sel-vitz Road.
PARCELII
Lot 8 in the northeast one -quarter of MODEL LAND COMPANY'S SUBDIVISION of
Section 6, Township 36 South, Range 40 East, as per plat thereof recorded in Plat
Book 4, Page 34 of the Public Records of St., Lucie County, Florida; Less and
except the right-of-way for North St. Lucie River Water Control District Canal 102;
also less the right-of-way for Favorite Road.
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File No.: MJSP-01-001
September 25, 2001
Resolution 01-138
- Page 4
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Parcel III:
Being all that part of Lots 1 through 6, inclusive, and Lots 13 and 14, in the
northwest one -quarter of MODEL LAND COMPANY'S SUBDIVISION of Section; 6,
Township 36 South, Range 40 East, as per plat thereof recorded in Plat Book 4,
Page 34 of the Public Records of St. Lucie County, Florida, lying east of the east
boundary of the Plat of MIDWAY INDUSTRIAL PARK, as recorded in Plat Book 38,
Page 35, Public Records of St. Lucie County, Florida:'
Less and except the right-of-way for North' St. Lucie River Water Control District
Canal 102;-also less the right-of-way for Favorite Road, adjacent to Lots 1 and 2;
also less the right-of-way for Midway Road.
Parcel IV:
Lot 15 in the northwest one -quarter of MODEL LAND COMPANY'S SUBDIVISION of
Section 6, Townslip 36 South, Range 40 East, as per plat thereof recorded in Plat
Book 4, Page 34 of the Public Records of St. Lucie River County, Florida;
Less and except there from the following:
(i) The rights -of -way for -Favorite Road and Midway Road.
Also less;
(ii) That portion of thereof conveyed to the United Stated Postal Service as
described in. Warranty Deed, dated July 22, 1987, recorded in O.R. Book
550, Page 2472 of the Public Records of St. Lucie County, Florida;
Also less;
(iii) A 70-foot wide strip of land dedicated as road right-of-way in favor of St.
Lucie County, Florida, by that certain Deed of Dedication, hated August 11,
1988, recorded in O.R. Book 601, Page 370 of the Public Records of St.
Lucie County, Florida.
PARCEL V:
All that part of Favorite Road, a former 50-foot right-of-way, lying in the northwest
one -quarter of' Section 6, Township 36 South, Range 40 East, as abandoned by,
and described in, Resolution 98-119, dated June 2; 1988, recorded in O.R. Book
1156, Page 1096 of the Public Records of St. Lucie County, Florida.
Containing 286.35 acres, more or less.
(Location: Northeast corner of the intersection of South Jenkins Road and West Midway Road)
C. IThis site plan approval shall expire on September 25, 2003, unless construction plan
approval for the required improvements associated with this Major Site Plan have been
approved by St. Lucie County. Unless otherwise addressed through the construction
plan review/approval process, all required infrastructure' and improvements associated
with this subdivision shall be completed within 12 months of approval of the
construction plans by St. Lucie County. In no case shall the approval period for this
Major Site Plan, for the purpose of constructing the infrastructure and improvements
File No.: MJSP-01-001 Resolution 01-138
September 25, 2001 Page 5
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shown on. the site plan, be ,greater than September 25, 2003, unless the petitioner, his
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I sucessors or assigns, -has obtained an extension to the development approvals periods
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as provided for under Section .11.02.06(B) of the St. Lucie County Land Development
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Code. Upon the completion, certification, approval by St. Lucie County and recording
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of the final plats for this subdivision, no.further general site plan approval or other
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development extension shall be required for the Midway Industrial Park, Phase Ill,
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site plan, except as, may otherwise be restricted.by the conditions described. in part a
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above, and expect as may lawfully be restricted by applicable State or local statute or
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regulations:
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D. The Major Site Plan approval granted under this Resolution is specifically conditioned
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to .the requirement that the petitioner, Midway' Properties of St. Lucie County, LC,
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including any successors in interest, shall obtain all necessary development. permits
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and construction authorizations form the appropriate State, and Federal regulatory
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authorities, including but not limited to: the United States Army Corp of Engineers, the
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1 Florida Department of Environmental Protection, and the South Florida Water
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Management District, prior to the issuance of any local building permits of
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authorizations to commence development activities on the property described- in Part
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B.
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E. A Certificate of Capacity,, a copy of which is attached to this resolution, was granted by
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the Community Development Director on September 25, 2003, which certificate shall
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1 remain valid for the period of Site Plan approval. Should the Site Plan approval
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1 granted by this resolution expire or an extension be sought pursuant to Section
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11.07.05(F) of the St. Lucie County: Land Development Code, a new certificate of
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capacity shall be required.
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F. A copy of this resolution shall be attached to the site plan drawings described in Part A,
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which plan shall be placed on file with the" St. Lucie County Community Development
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Director.
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After motion and second, the vote on this -resolution was as follows:
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Chairman Frannie Hutchinson' AYE
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Vice -Chairman Doug Coward AYE
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Commissioner John Bruhn AYE
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Commissioner Paula Lewis AYE'
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1 Commissioner Cliff Barnes, AYE
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PASSED AND DULY ADOPTED this 25th day of September 2001.
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File No.: MJSP-01-001 Resolution 01-138
September 25, 2001 Page 6
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File No.: MJSP-01-001
September 25, 2001
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY,/FLORIDA
BY/�✓ fife ,. n ;ecr` �;_. t t _nt,Y/'t. �.r;°^'"'t :r
Chairman
APPROVED AS TO FORM, r
AND: ORRECTNES
ounty Att ne
Resolution 01-138
Page 7
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