HomeMy WebLinkAboutGM-10-001 - McDonald's @ Indrio Crossing JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3435096 01128!2010 at 08:51 AM
OR BOOK 3165 PAGE 2577 - 25'82 Doc Type: ORD
RECORDING: $52.50
1 GM 10-001
2 MNSP 920094007
3
4 AN ORDER OF THE GROWTH MANAGEMENT DIRECTOR GRANTING
5 APPROVAL FOR A MINOR SITE PLAN KNOWN AS MCDONALD'S @
6 INDRIO CROSSING CONSISTING OF A 3,466 SQUARE FOOT FAST
~ FOOD (DRIVE THRU) RESTAURANT ON 1.32 ACRES IN THE CG,
$ COMMERCIAL GENERAL ZONING DISTRICT ON CERTAIN
9 PROPERTY SITUATED IN ST. LUCIE COUNTY, FLORIDA.
to
11 WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for
12 minor site plan approval submitted by Indrio Retail, LLC and reviewed the comments of the St.
13 Lucie County Development Review Committee on this application, and made the following
14 determinations:
15
16 1. Indrio Retail, LLC has proposed a 3,466 square foot fast food (drive thru) restaurant
17 building on 1.32 acres located on the northeast corner of King's Highway and Indrio
la Road.
19
20 2. On January 14, 2010 the Development Review Committee reviewed the minor site plan
21 for the proposed project and found it to meet technical requirements of the St. Lucie
22 County Land Development Code and to be consistent with the St. Lucie County
23 Comprehensive Plan.
24
25 3. On January 14, 2010 the Environmental Resources Director reviewed and granted the
26 applicant's request for administrative relief as per Section 7.09.04(0) of the Land
2 ~ Development Code. This relief allows the landscape buffer width requirement of fifteen
2a (15) feet between the right-of-way and vehicular use area adjacent to Indrio Road to be
2 a reduced a maximum of two (2) feet to thirteen (13) feet.
30
31 4. The project is consistent with the general purpose, goals, objectives, and standards of
32 the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development
33 Code.
34
35 5. The project will not have an undue adverse effect on adjacent property, the character of
3 6 the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the
3 ~ public health, safety, and general welfare.
38
39 6. All reasonable steps have been taken to minimize any adverse effect of the proposed
4o project on the immediate vicinity through building design, site design, landscaping, and
41 screening.
42
43 7. The project will be constructed, arranged, and operated so as not to interfere with the
44 development and use of neighboring property, in accordance with applicable district
45 regulations.
46
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT GM 10-001
File No.: MNSP 920094007 SAINT LUCIE COUNTY
January 18, 201 ~ FILE # 3441121 02/11/2010 at 02:11 PM Page 1
OR BOOK 3170 PAGE 2407 - 2412 Doc Type: ORD
RECORDING: $52.50
1 8. The project is to be served by adequate public facilities and services.
2
3 9. The applicant has applied for and received a certificate of capacity, a copy of which is
4 attached to this Order as Exhibit A, as required under Chapter V, St. Lucie County Land
s Development Code.
6
7 NOW, THEREFORE, BE IT ORDERED:
s
9 A. Pursuant to Section 11.02.03 (A) of the St. Lucie County Land Development Code,
io the Minor Site Plan for the project to be known as McDonald's @ Indrio Crossing,
ii is hereby approved as shown on the site plan (dated December 8, 2009 -prepared
12 by CPH Engineers, Inc.), the landscape plan (dated January 7, 2010 -prepared by
13 CPH Engineers, Inc.) and the exterior elevations (dated December 9, 2009 -
14 prepared by Hartley + Purdy Architecture, Inc .)for the project date stamped received
is by the St. Lucie County Growth Management Department on January 13, 2010 is
i6 being granted for the property described below, subject to the following conditions:
17
is 1. Prior to issuance of a Vegetation Removal Permit or Exemption, an original
i9 signed and sealed copy of the landscape plan dated 01/07/10 shall be provided
20 and approved by Environmental Resources Department.
21
22 2. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
23 shall finalize an improvement agreement acceptable to Environmental
24 Resources Department covering the cost of all required landscaping, irrigation,
2 s and related improvements shown in the site plan. A copy of this agreement can
26 be obtained by visiting the SLC Environmental Resources Department website
27 at: http://www.stlucieco.org/Environmental Resources Department/index.htm.
2s
29 3. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
3o shall have obtained and provided Environmental Resources Department with
31 copies of any required federal and state permits. If federal or state agency
32 compliance requires modification to the development plans, the applicant will
3 3 promptly modify the plans and submit to St. Lucie County for review and approval
34 as required by the Land Development Code. The applicant will not use the
35 County's development approval to prevent compliance with any federal or state
36 agency requirements.
37
3 s 4. Within ninety (90) days of issuance of a Vegetation Removal or Exemption
39 Permit, all Category I and II Invasive Exotic vegetation, as defined by the most
4o recent list by Florida Exotic and Pest Plan Council, shall be removed from the
4 i site.
42
43 5. No clearing or other site work shall commence until after constructible
44 engineering plans have been approved by the County Engineer and all county
45 environmental permits have been issued by the Environmental Resources
46 Department pursuant to Section 11.02.08(A)(7) of the St. Lucie Land
47 Development Code. As of this date of issuance of this Development Order, no
48 constructible site development plans have been submitted for review. No work
File No.: MNSP 920094007 GM 10-001
January 18, 2010 Page 2
1 shall commence after the issuance of environmental permits by the County, or
2 any other permits by any other agency, until the County Engineer has approved
3 the constructible site plans.
4
5 6. Within one hundred eighty (180) days after the petitioner, their successors or
6 assigns receives its certificate of occupancy, the owner of the subject parcel
~ shall convey to the FDOT and or St. Lucie County the required road right of way
s for Kings Highway and Indrio Road. Manner and form of conveyance and
9 compensation (to be determined) shall be acceptable to the owner, Florida
to Department of Transportation and the County Attorney. The sketch and legal
11 description shall be prepared by a Florida licensed surveyor and mapper and
12 approved by the owner.
13
14 7. Within 60 days after receiving final site plan approval, the applicant shall execute
15 an agreement to pay afee-in-lieu of construction for sidewalks ormulti-purpose
16 paths and remit to the County the required funds. The acceptable method of
17 payment shall be a corporate check payable to St. Lucie County. A copy of the
is standard "Agreement" can be obtained by visiting the St. Lucie County Public
19 Works Departmentwebsite at: http://www.stlucieco.gov/public works/index.htm.
20
zl 8. Pursuant to Section 11.02.08(A)(6) of the St. Lucie County Land Development
22 Code, no work shall commence on the site until all regulatory permits required
23 from federal, state and regional agencies and special districts have been issued.
24 The Florida Department of Environmental Protection, National Pollutant
25 Discharge and Elimination System compliance notice must be submitted to the
26 County Engineer with the constructible site plan at the time of building permit
27 application or during permit review or no paving, grading, and drainage permit
2 s and no building permit shall be issued. All National Pollutant Discharge and
29 Elimination System Best Management Practices shall be instituted on the site
3 o prior to site clearing and maintained daily. Stormwater ponds shall be roughed in
31 at the same time the site is cleared of groundcover.
32
33 9. Prior to the issuance of a building permit, the petitioner, their successors or
34 assigns shall have entered into an enforceable utility service agreement with the
35 St. Lucie County Utilities Department to ensure the provision of water and sewer
36 services. This agreement shall be in the form consistent with the regulations of
37 St. Lucie County Utilities Department regarding utility service extensions and
3 s service provisions.
39
4 0 10. Prior to any construction or development activity on site, a St. Lucie County
41 Stormwater Permit is required in accordance with Sections 7.07.00 and
42 11.05.07. Contact the Code Compliance Division for an application and fees at
43 (772) 462-1553 or go to www.co.st-lucie.fl.us for on-line permit applications.
44
45 B. The property on which this minor site plan is being granted is described as follows:
46
47 LEGAL DESCRIPTION:
48
File No.: MNSP 920094007 GM 10-001
January 18, 2010 Page 3
1 OUTPARCEL "A"
2
3 BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH
4 65 FEET OF THE SOUTHWEST'/4 OF THE NORTHWEST'/4 OF SECTION 13,
s TOWNSHIP 34 SOUTH, RANGE 39 EAST WITH THE EAST RIGHT-OF-WAY
6 LINE OF THE "SUNSHINE STATE PARKWAY FEEDER ROAD" (S.R. 713);
7 THENCE RUN NORTH 89 DEGREES 59 MINUTES 58 SECONDS EAST
s ALONG THE NORTH LINE OF THE SOUTH 65 FEET OF THE SOUTHWEST'/4
9 OF THE NORTHWEST'/4 OF SECTION 13, 320 FEET; THENCE RUN NORTH
to AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 25.22 FEET; THENCE
11 RUN NORTH 45 DEGREES 00 MINUTES 02 SECONDS WEST, 208.44 FEET;
12 THENCE RUN SOUTH 44 DEGREES 59 MINUTES 58 SECNDS WEST, 244.11
13 FEET TO THE POINT OF BEGINNING.
14
is TOGETHER WITH:
16
17 OUTPARCEL "B"
le
19 BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH
a o 65 FEET OF THE SOUTHWEST'/4 OF THE NORTHWEST'/4 OF SECTION 13,
zl TOWNSHIP 34, SOUTH, RANGE 39 EAST WITH THE EAST RIGHT-OF-WAY
as LINE OF THE "SUNSHINE STATE PARKWAY FEEDER ROAD" (S.R. 713);
23 THENCE RUN NORTH 00 DEGREES 03 MINUTES 21 SECONDS EAST
24 ALONG SAID RIGHT-OF-WAY LINE, 285 FEET; THENCE RUN EAST AT
as RIGHT ANGLES TO THE LAST DESCRIBED LINE, 60 FEET; THENCE RUN
26 SOUTH 45 DEGREES 00 MINUTES 02 SECONDS EAST, 158.86 FEET;
27 THENCE RUN SOUTH 44 DEGREES 59 MINUTES 58 SECONDS WEST,
2s 244.11 FEET TO THE POINT OF BEGINNING.
29
3o C. The approvals granted by this administrative order shall expire on January 18, 2012
31 unless building permits are issued or an extension is granted in accordance with the
3z provisions of Section 11.02.06 (A) of the St. Lucie County Land Development Code.
33 D. The Final Site Plan approval granted under this order is specifically conditioned to the
34 requirement that the petitioner, Indrio Retail, LLC. including any successors in interest,
3 s shall obtain all necessary development permits and construction authorizations from the
36 appropriate State and Federal regulatory authorities including, but not limited to: the
37 United States Army Corps of Engineers, the Florida Department of Environmental
3 a Protection, and the South Florida Water Management District, prior to the issuance of
39 any local building permits or authorizations to commence development activities on the
4o property described in Part B.
41
42 E. The conditions set forth in Part A are an integral nonseverable part of the site plan
43 approval granted by this Development Order. If any condition set forth in Part A is
44 determined to be invalid or unenforceable for any reason and the developer declines to
45 comply voluntarily with that condition, the site plan approval granted by this
46 administrative order shall become null and void.
47
File No.: MNSP 920094007 GM 10-001
January 18, 2010 Page 4
1 F. A copy of this Development Order shall be attached to the site plan drawings described
z in Part A, which plan shall be placed on file with the St. Lucie County Growth
3 Management Director and mailed, return receipt requested to the developer and agent of
4 record as identified on the site plan application.
5
6 G. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as
7 this order. If this order expires or otherwise terminates, the Certificate of Capacity shall
s automatically terminate.
9
to H. The Code Compliance Manager shall receive a copy of this Development Order and the
11 approved site plan and shall not approve any building permits that do not implementor
lz are not consistent with this Development Order and the plans hereby approved.
13
14 I. This order shall be recorded in the Public Records of St. Lucie County.
15
16 ORDER effective the 18th day of January, 2010.
17
is
19 GROWTH MANAGEMENT DIRECTOR
20 ST. LUCIE COUNTY, FLORIDA
21
22
23
2 4 BY
z5 Mark Satterlee, AICP
26 Growth Management Director
z7
2e APPROVED AS TO FORM
29 AND CORRECTNESS:
30
31
32
3 3 BY _
34 Count Attorney
35
36
37
38 JNJ
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4 0 G:\PLANNING\PROJECT FILES\ McDonalds @ Indrio Crossing MNSP 920094007/GM Order 10-001.doc
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File No.: MNSP 920094007 GM 10-001
January 18, 2010 Page 5
St Lucie County
Certificate of Capacity
Date 12/28/2009 Certificate No. 2848
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 Minor Development Site Plan
Number of units 1 Number of square feet 3466
2. Property legal description & Tax ID no.
131323200010004
NE corner of Kings Highway and Indrio Rd.
McDonalds @Indrio Crossing
3. Approval: Building Resolution No. GM 10-001 Letter 1/18/10
4. Subject to the following conditions for concurrency:
As per Order.
Owner's name
Indrio Retail, LLC
Address
725 Conshochocken State Road
Bala Cynwyd PA 19004
6. Certificate Expiration Date 1/18/2012
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 a ~ ~ Date: 1/15/2010
Growth Management Director
St Lucie County, Florida
Friday, January 15, 2010