HomeMy WebLinkAboutGM-10-010 - EKE Midway Mobil d
. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3454942 03/242010 at 03:26 PIN
OR BOOK 3181 PAGE 2301 - 2303 Doc Type; ORD
RECORDING: $27.00
1 G M 10-010
2 SPMj-920094010
3
4 AN ORDER OF THE GROWTH MANAGEMENT DIRECTOR OF
s ST. LUCIE COUNTY GRANTING APPROVAL FOR A MAJOR
6 ADJUSTMENT TO A MINOR SITE PLAN KNOWN AS EKE
~ MIDWAY MOBIL LOCATED AT 4070 WEST MIDWAY ROAD AND
s SITUATE IN ST. LUCIE COUNTY, FLORIDA.
9
10 WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for a major
11 adjustment to a minor site plan approval submitted by Culpepper & Terpening, Inc., reviewed the
12 comments of the St. Lucie County Development Review Committee on this application, and made the
13 following determinations:
14
15 1. Ekonomy Enterprises, Inc., petitioned the Growth Management Director for Hellenic I Subdivision
16 which is a proposed two (2) lot subdivision. The subject property is generally located at the
17 northeast corner of the intersection of West Midway Road and Selvitz Road. All of the subject
18 property is zoned CN (Commercial, Neighborhood) Zoning District.
19
20 2. On September 17, 1998, the Community Development Director approved development order
21 CD98-020 granting approval to a Minor Site Plan to be known as EKE Midway Mobil.
22
23 3. On June 6, 2005, the Growth Management Director approved development order GM05-015,
24 granting approval to the 1S' adjustment to an existing Minor Site Plan (EKE Midway Mobil) to be
25 known as Ekonomy Retail Plaza.
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27 4. The Development Review Committee has reviewed the major adjustment to this minor site plan
2 8 for the proposed project pursuant to Section 11.02.03 and found it to meet technical requirements
2 9 of Section 11.02.07 of the Land Development Code and to be consistent with the St. Lucie County
30 Comprehensive Plan.
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32 5. The project is consistent with the general purpose, goals, objectives, and standards of the St.
33 Lucie County Comprehensive Plan and the St. Lucie County Land Development Code.
34
35 6. The project will not have an undue adverse effect on adjacent property, the character of the
36 neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public
3 7 health, safety, and general welfare.
38
39 7. All reasonable steps have been taken to minimize any adverse effect of the proposed project on
40 the immediate vicinity through building design, site design, landscaping, and screening.
41
42 8. The project will be constructed, arranged, and operated so as not to interfere with the
43 development and use of neighboring property, in accordance with applicable district regulations.
44
45 9. The project is to be served by adequate public facilities and services.
46
47 10. The applicant has previously applied for and received a certificate of capacity as part of GM-05-
48 015, Certificate No. 2112 addresses the required concurrency matters associated with the
49 development of the property described in Part A below, as required under Chapter V, St. Lucie
50 County Land Development Code.
File No.: SPMj-920094010 GM Order 10-010
March 5, 2010 Page: 1
a.
1
2 NOW, THEREFORE, BE IT ORDERED:
3
4 A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the proposed
5 adjustment to the EKE Midway Mobil, aka Ekonomy Retail Plaza, Minor Site Plan to be known as
6 Hellenic I Subdivision, is hereby approved as shown on the minor site plan drawings for the
7 project prepared by Culpepper & Terpening, Inc., dated February 23, 2010, and received by the
8 St. Lucie County Growth Management Director on February 25, 2010, for the property described
9 below, subject to the following conditions:
10
11 1. Prior to the issuance of any Certificate of Occupancy for property located within the Hellenic I
12 Subdivision, the property owner, the developer or assigns, shall be required to provide for the
13 construction of right and left turn lanes at the West Midway Road entrance, as approved by
14 the County Engineer. The County shall have the right to request afee-in-lieu of construction
15 of the required road improvements in whole or in part should said improvements conflict with
16 the County's design and construction of West Midway Road.
17
18 2. Prior to the recording of the final plat, the County Surveyor shall verify that all required survey
19 markers (PRM's and Lot corner markers) have been placed in accordance with the
20 requirements of chapter 177, FS, Part I and the St. Lucie County Land Development Code.
21 The applicant's surveyor shall notify the County Surveyor when all required survey markers
22 have been set and flagged.
23
24 3. The applicant shall execute an agreement to pay afee-in-lieu of construction for sidewalks
25 and remit to the County the required funds within 90 days after receiving final site plan
2 6 approval. The acceptable method of payment shall be a certified check payable to St. Lucie
2 7 County. A copy of the standard "Agreement" can be obtained by visiting the St. Lucie County
28 Public Works Department website at: http://www.stlucieco.gov/public works/index.htm.
29
30 4. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall obtain
31 and provide to the Environmental Resources Department copies of any federal and state
32 permits/authorizations (or notices of intent to issue same). The preceding shall not preclude
3 3 or delay the issuance of local building permits or authorizations for development activities that
34 are not dependent on the prior issuance of state or federal permits or authorizations, or
3 5 notices of intent to issue same. If federal or state agency compliance requires modification to
3 6 the development plans, the applicant will promptly modify the plans and submit to St. Lucie
3 7 County for review and approval as required by the Land Development Code. The applicant
38 will not use the County's development approval to prevent compliance with any federal or
39 state agency requirements.
40
41 B. The property on which this Minor Site Plan adjustment is being granted is described as follows:
42
43 The South 1/2 of Lot 90, White City Subdivision, according to the plat thereof, recorded in Plat
44 Book 1, Page 23 of the Public Records St. Lucie County, Florida. Less and except the west 50
45 feet as described in the instrument recorded in Official Records Book 108, Page 255 and less
46 and except the land described the instrument recorded in Official Records Book 44, Page 445,
47 less and except the land described in the instrument recorded in Official Records Book 1257,
48 Page 2732, all of the Public Records Of St. Lucie County Florida.
49
50 Contains 3.50 acres, more or less.
51
52 (Tau ID#: 3403-502-0154-000/1)
File No.: SPMj-920094010 GM Order 10-010
March 5, 2010 Page: 2
1 (Location: Northeast corner of the intersection of West Midway Road and
2 Selvitz Road.)
3
4 C. The approvals granted by this administrative order shall expire on March 5, 2012, unless a final
5 plat is recorded or an extension is granted in accordance with the provisions of Section 11.02.06
6 of the St. Lucie County Land Development Code.
7 D. The Minor Site Plan approval granted under this Development Order is specifically conditioned to
8 the requirement that the petitioner, Ekonomy Enterprises, Inc., including any successors in
9 interest, shall obtain all necessary development permits and construction authorizations from the
10 appropriate State and Federal regulatoryauthorities including, but not limited to; the United States
11 Army Corps of Engineers, the Florida Department of Environmental Protection, and the South
12 Florida Water Management District, prior to the issuance of any local building permits or
13 authorizations to commence development activities on the property described in Part A.
14
15 E. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan
16 shall be placed on file with the St. Lucie County Growth Management Director and mailed, return
17 receipt requested to the developer and agent of record as identified on the site plan applications.
18
19 F. The Certificate of Capacity granted through GM05-015 is determined to be valid for the purposes
2 0 of concurrency determination and no further Certificates of Capacity are required for this project
21 and the land use entitlements granted under GM05-015 to proceed.
22
23 H. This order shall be recorded in the Public Records of St. Lucie County.
24
25 ORDER effective the 5th day of March, 2010.
26
27 GROWTH MANAGEMENT DIRECTOR
28 ST. LUCIE COUNTY, FLORIDA
29
30
31
32 BY
33 Mark Satterlee, AICP
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35 APPROVED AS TO FORM
36 AND CORRECTNESS:
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38 G
39
40 BY
41 County Attorney
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File No.: SPMj-920094010 GM Order 10-010
March 5, 2010 Page: 3