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HomeMy WebLinkAboutGM-08-007 - Golden Corral EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 323147307/14/2008 at 10:51 AM OR BOOK 2994 PAGE 958 - 962 Doc Type: ORD RECORDING: $44,00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 GM-08-007 MNSP-06-030 AN ORDER GRANTING APPROVAL FOR A MINOR SITE PLAN TO BE KNOWN AS GOLDEN CORRAL CONSISTING OF TWO PHASES: PHASE ONE IS AN 11,502 SQUARE FOOT RESTAURANT AND PHASE TWO IS A 7,000 SQUARE FOOT RETAIL BUILDING. WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for site plan approval submitted by Kimley-Horn and Associates, Inc., and reviewed the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. Pars Properties, LLC. has applied for a Minor Site Plan approval for the project to be known as Golden Corral consisting of Phase 1; an 11,502 square foot restaurant, and Phase 2; a 7,000 square foot retail building for 5.47 acres of property located on the west side of U.S. Highway No.1, approximately 1,000 feet south of Port St. Lucie Boulevard in the CG (Commercial, General) Zoning District. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet technical requirements of the Land Development Code and to be consistent with the St. Lucie County Comprehensive Plan. 3. The project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code. 4_ The projectwill 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. 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. 6. The 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. GM Order-08-007 Page 1 File No.: MNSP-06-030 May 29, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 7. The project is to be served by adequate public facilities and services. 8. The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, S1. Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02..03 of the S1. Lucie County Land Development Code, the proposed Minor Site Plan to be known as Golden Corral, is hereby approved as shown on the site plan drawings for the project prepared by Kimley-Hom and Associates, Inc., dated May, 2006, and date stamped received by the 81. Lucie County Growth Management Department on April 21, 2008, on the property described below, subject to the following conditions: 1. Pursuant to Section 11.02.08(A)(6} of the S1. Lucie County Land Development Code, no work shall commence on the site until aU regulatory permits required from Federal, State, and regional ag.encies and special districts have been issu~d. The Florida Department of Environmental Protection, National Pollutant Discharge and Elimination System compliance notice must be submitted to the County Engineer with the constructible site plan at the time of building permit application or during permit review or no paving, grading, and drainage permit and no building permit shall be issued. All National Pollutant Discharge and Elimination System Best Management Practices shall be instituted on the site prior to site clearing and maintained daily. Stormwater ponds shall be roughed in at the same time the site is cleared of groundcover. 2. This Development Order shall be recorded in the Public Records of S1. Lucie County, Florida, in order to provide constructive legal notice of development conditions that run with the land. 3. The Code Compliance Manager shall receive a copy of this Development Order and the site plan it approves and shall not approve any building permits that do not implement or are not consistent with this Development Order and the plans hereby approved. 4. Prior to approval and issuance of a. Notice of Vegetation Removal, the applicant shall provide an executed copy of the conservation easement to be rèviewed and accepted by the County Attorney. GM Order-08-007 Page 2 File No.: MNSP-06-030 May 29, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 B. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 B. The preservation/mitigation areas shall be covered by a conservation easement. Environmental Resource Department has provided a Conservation Easement template to the Environmental Consultant for this project, and we require that the applicant work from this form. A draft easement was provided in March 2008. 5. Prior to approval and issuance of a Notice of Vegetation Removal, the applicant shall obtain a Florida Fish and Wildlife Conservation gopher tortoise relocation permit and provide a copy to Environmental Resource Department. 6. Prior to approval and issuance of a Notice ofVeg.etation Removal, the applicant shalf have obtained and provided Environmental Resource Department with copies of all required federal and state permits, including, but not limit~d to a South Florida Water Management District Irrigation Water Use Permit. If federal or state agency compliance requires modification to the approved development plan, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval as required by the Land Development Code. The p-pplicant win not use the County's development approval to prevent compliance with any federal or state agency requirements. The property on which this Minor Site Plan approval is being granted is described as follows: THE SOUTH 353.40 FËET OF THE FOLLOWING DESCRIBED TRACT: BEGIN AT THE SOUTHWEST CORNER OF LOT 4, BLOCK 4, SECTION 12, TOWNSHIP 37 SOUTH, RANGE 40 EAST, ST. LUCIE GARDENS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 35, ST. LUCIE COUNTY, FLORIDA PUBLIC RECORDS; THENCE RUN ~ST ON THE SOUTH LINE OF SAID LOT 4 OF ITS INTERSECTION WITH THE WESTERLY RIGHT-OF- WAY LINE OF FEDERAL HIGHWAY THENCE RUN NORTHWESTERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 860.51 FEET TO A POINT; THENCE RUN WEST A DISTANCE OF 362.17 FEET TO A POINT; THENCE RUN SOUTH TO THE POINT OF BEGINNING, CONTAINING APPROXLMATETY 5.47 ACRES. (TAX 10#: 3414~501-5004~300/4) (Location: West side of U.S. Highway No.1, approximately 1,000 feet south of Port St. Lucie Boulevard) The approvals granted by this administrative order shall expire on May 29, GM Order-08-00? Page 3 File No.: MNSP-06-030 . May 29, 2008 < , 1 2 2010, unless an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. C. The Final Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Pars Properties, LLC, including any successors in interest, shall obtain aU necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities including, but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part A. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 D. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the st. Lucie County Growth Management Director and mailed, return receipt requested to the developer and agent of record as identified on the site plan applications_ E. The Certificate of Capacity, attached as ExhibitA, shall be valid for the same period as this òrder. If thi~ order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. F. This ordershaU be recorded in the Public Records of St. Lucie County. ORDER effective the 29TH Day of May, 2008. GROWTH MANAGEMENT OIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mark Satterlee, AICP APPROVED AS TO FORM AND CORRECTNESS: BY lap H:\WORD\PLANNING\Golden Corral\GM-08-007 ORDER.doc File No.: MNSP-06-030 May 29, 2008 GM Order-OS-007 Page 4 ¡ , StLucie County Certificate of Capacity Date 5/29/2008 Certificate No. 2749 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Golden Corral Minor Site Plan Number of units 0 Number of square feet 18,502 2. Property legal description & Tax 10 no. 3414-501-5004-300/4 West Side of US Hwy #1, S. ofPSL Blvd. Golden Corral 3. Approval: Building Resolution No. GM-08-007 Letter 4. Subject to the following conditions for concurrency: 6 Conditíons of Approval Owner's name PARS Properties, LLC Address 440 S. Sermoran Blvd Orlando FL 32807 6. Certificate Expiration Date 5/29/2010 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed Date: 5/30/2008 Growth M nagement Director St Lucie County, Florida Friday, May 30, 2008 Page 1 of2 EXHIBIT III L