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HomeMy WebLinkAboutGM-09-015 - Seven Eleven, Inc.JOSEPH E. SMITH, CLERK OF THE CiRCUIT COURT SAINT LUCIE COUNTY FILE # 3366046 07/13/2009 at 10:3D AM OR BOOK 3107 PAGE 1116 - 1119 Doc Type: ORD RECORDING: $35.50 1 2 3 4 5 6 ~ a 9 10 11 12 13 14 15 16 1~ 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 GM-09-015 MNSP 620081489 AN ORDER OF THE GROWTH MANAGEMENT DIRECTOR GRANTING APPROVAL FOR A MINOR SITE PLAN KNOWN AS SEVEN-ELEVEN, INC. CONSISTING OF A 2,818 SQUARE FOOT CONVENIENCE STORE AND A 450 SQUARE FOOT CANOPY ON .41 ACRES IN THE CG, COMMERCIAL GENERAL ZONING DISTRICT ON CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for minor site plan approval submitted by Seven-Eleven, Inc. and reviewed the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. Seven-Eleven, Inc. is an existing 2,818 square foot convenience store with a 450 square foot canopy for four (4) fuel pumps on .41 acres located on the east side of Oleander Avenue, approximately 300 feet south of Edwards Road. 2. On June 11, 2009 the Development Review Committee reviewed the minor site plan for the proposed project and found it to meet the 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 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. 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. 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, St. Lucie County Land Development Code. File No.: MNSP 620081489 GM -09-015 July 6 2009 Page 1 .~ NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 (A) of the St. Lucie County Land Development Code, the Minor Site Plan for the project to be known as Seven-Eleven, Inc., is hereby approved as shown on the site plan (dated June 24, 2009 - prepared by John H. Omslaer, P.E.) and the landscape plan (dated June 11, 2009 - prepared by Northside Nursery & Landscaping) for the project date stamped received by the St. Lucie County Growth Management Department on June 29, 2009 is being granted for the property described below, subject to the following conditions: Within 90 days of the approval of this development order, the developers, successors, or assigns shall grant an easement to St. Lucie County, in manner and form acceptable to the County Attorney, across the west 10 feet of the subject property for future road right of way for Oleander Avenue. The sketch and legal description shall be prepared by a Florida licensed surveyor and mapper. 2. Within 60 days of the approval of this development order, the developers, successors, or assigns shall enter into an agreement to pay a fee in lieu of construction of the required sidewalk along Oleander Avenue. The fee shall be based on an approved engineers estimate utilizing the unit cost provided by the County Engineering Division. 3. Prior to the issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an improvement agreement acceptable to Environmental Resources Department covering the costs of all required landscaping, irrigation, tree mitigation, and related improvements shown in the site plan. A copy of this agreement can be obtained by visiting the SLC Environmental Resources Department website at: http://www.stlucieco.orq/Environmental Resources Department/index.htm 4. Prior to the issuance of any SLC building orvegetation removal permits, an approved FDEP Generic Discharge from Petroleum Contaminated Sites Permit must be submitted to SLC ERD. B. The property on which this Minor Site Plan is being granted is described as follows: LEGAL DESCRIPTION: FROM THE NORTHWEST CORNER OF LOT 150, MARAVILLA GARDENS, UNIT3, AS RECORDED IN PLAT BOOK 6, PAGE 62, PUBLIC RECORDS OF ST. LUCIE COUNTY, RUN EAST 10 FEET ALONG THE NORTH LINE OF SAID LOT 150; THENCE RUN SOUTH 200 FEET PARALLEL WITH THE WEST LINE OF SAID LOT 150 TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 120 FEET; THENCE EAST 150 FEET PARALLEL TO THE NORTH LINE OF SAID LOT 150; THENCE NORTH 120 FEET PARALLEL WITH THE WEST LINE OF THE PROPERTY BEING DESCRIBED; THENCE WEST 150 FEET TO THE POINT OF BEGINNING. 10 11 12 13 14 15 16 17 Zs 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 File No.: MNSP 620081489 July 6 2009 GM -09-015 Page 2 1 2 3 4 5 6 ~ s 9 10 11 12 13 14 15 16 17 Zs 19 20 21 zz 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 C. The approvals granted by this administrative order shall expire on July 6, 2011 unless building permits are issued or an extension is granted in accordance with the provisions of Section 11.02.06 (A) of the St. Lucie County Land Development Code. D. The Final Site Plan approval granted under this order is specifically conditioned to the requirement that the petitioner, Seven-Eleven, Inc. including any successors in interest, shall obtain all 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 B. E. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Resolution. 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, the site plan approval granted by this resolution shall become null and void. F. 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 application. G. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. H. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 6th day of July, 2009. GROWTH MANAGEMENT DIRECTOR ST. LUCIE COUNTY, FLORIDA ~_ ~ ~. BY Mark` atterle ,~AICP Growth Management Director APPROVED AS TO FORM AND CE'~RRECTNESS: ~ County Atto JNJ G:\PLANNING\PROJECT FILES\Seven Eleven Inc. MNSP 620081489/GM Order 0 File No.: MNSP 620081489 July 6 2009 GM -09-015 Page 3 Y ~ St Lucie County Certificate of Capacity Date 6/29/2009 Certificate No. 2821 This document certifies that concurrency will be met and that adequate pubiic 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 09-015 Number of units 0 Number of square feet 2818 2. Property legal description & Tax ID no. 2427-601-0004-000-0 Oleander Dr. and Edwards Rd. Seven-Eleven Minor Development Site Plan 3. Approval: Buildinq Resolution No. 4. Subject to the following conditions for concurrency: See GM Order No. 09-015 Owner's name Seven-Eleven,Inc. Address 1300 Lee Road Letter Orlando FL 32810 6. Certificate Expiration Date 7/1/2011 This Certificate of Capacity is transferable only to subsequent owners of the same parcei, 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. ._ ~ ~.-, i Signed ~~~~ % : ~~ Date: 7/2/2009 Growth Management Director St Lucie County, Florida Thursday, July 02, 2009 Page 1 of 2