HomeMy WebLinkAboutPDS-11-017 - Midway Marathon aka Cumberland Farms 1 PDS 11-017
2 CUMnj 92011 4331
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4 AN ORDER OF THE PLANNING & DEVELOPMENT
s SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING
6 APPROVAL FOR A MINOR ADJUSTMENT TO A
7 CONDITIONAL USE FORMERLY KNOWN AS CUMBERLAND
a FARMS, NOW KNOWN AS MIDWAY MARATHON LOCATED
9 AT 1200 W. MIDWAY ROAD AND SITUATE IN ST. LUCIE
to COUNTY, FLORIDA.
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12 WHEREAS, the St. Lucie County Planning & Development Services Director has reviewed the application
13 for a Minor Adjustment to change the ownership and name of a Conditional Use submitted by Aminul
14 Islam, reviewed the comments of the St. Lucie County Development Review Committee on this
is application, and made the following determinations:
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17 1. Aminul Islam petitioned the Planning & DevelopmentServices Directorfora MinorAdjustmentto
is change the ownership and name of an existing Conditional Use formerly known as Cumberland
19 Farms, now known as Midway Marathon. The subject property is generally located at 1200 W.
20 Midway Road. The subject property is zoned CN (Commercial Neighborhood) Zoning District.
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22 2. The Development Review Committee has reviewed the Minor Adjustment to change the
23 ownership and name of a Conditional Use, originally approved by the Board of County
24 Commissioners under Resolution 87-170 on September 8, 1987, pursuant to Section
2 s 11.07.05(E)(2)(a)(7) and found it to meet technical requirements of the Land Development Code
26 and to be consistent with the St. Lucie County Comprehensive Plan.
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2s 3. The project is consistent with the general purpose, goals, objectives, and standards of the St.
29 Lucie County Comprehensive Plan and the St. Lucie County Land Development Code.
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31 4. The project will not have an undue adverse effect on adjacent property, the character of the
32 neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public
33 health, safety, and general welfare.
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3 5 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on
36 the immediate vicinity through building design, site design, landscaping, and screening.
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3e 6. The project will be constructed, arranged, and operated so as not to interfere with the
3 9 development and use of neighboring property, in accordance with applicable district regulations.
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41 7. The project is to be served by adequate public facilities and services.
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45 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
4 6 SAINT LUCIE COUNTY
4 7 FILE # 3632461 09/27/2011 at 08:22 AM
OR BOOK 3327 PAGE 1457 - 1459 Doc Type: ORD
4 a RECORDING: $27.00
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File No.: CUMnj 92011 4331 Irder 11-017
September 22, 2011 Page: 1
1 NOW, THEREFORE, BE IT ORDERED:
2
3 A. Pursuant to Section 11.07.05(E)(2)(a)(7) of the St. Lucie County Land Development Code, the
4 proposed Minor Adjustment to change the ownership and name of a Conditional Use formerly
5 known as Cumberland Farms, now known as Midway Marathon, is hereby approved by the St.
6 Lucie County Planning & Development Services Director, subject to the following conditions:
~ 1. Within 180 days of Conditional Use approval, the applicant shall improve onsite
s landscaping to meet the minimum requirements of the existing approved landscape plan
9 (created by Hutcheon Engineers July 1987).
l 0 2. Within 180 days of Conditional Use approval, all invasive exotic vegetation located within
11 the Conditional Use area shall be removed (LDC Section 7.09.05).
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13 3. Within 90 days after receiving conditional use approval, the applicant shall convey the
14 required road right of way for the Midway Road improvement project to the Florida
15 Department of Transportation. Manner and form of conveyance shall be acceptable to the
16 Florida Department of Transportation and the County Attorney.
17 B. The property on which this Minor Adjustment to change the ownership and name of an existing
la Conditional Use formerly known as Cumberland Farms, now known as Midway Marathon, is
19 being granted is described as follows:
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21 All that certain land situate in St. Lucie County, Florida, viz;
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23 Lots 1,2,3, and 10 to 17 inclusive of Block 56 of the Town of White City as per
24 plat thereof on file in Plat Book 1, Page 21, of public records of St. Lucie County
25 Florida.
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2 ~ Together with the following parcels namely the halves (North and South) of the
2 s former alley running East and West through said Block 56, abutting on and
29 adjoining the above described Lots 1, 2, 3, and 10 to 17 inclusive.
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31 Together with the portion of the South 10' of Charlotta Street which is abutting
32 and lying adjacent to Lots 1, 2 and 3, of Block 56, of the Town of White City, as per
33 the plat thereof on file in Plat Book 1, Page 21, of the public records of St. Lucie
34 County, Florida.
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3 6 Being the same premises conveyed to Cumberland Farms, Inc. by deed of John B.
37 Sullivan and Cora J. Meyer recorded with St. Lucie County OR Book 543, Page
38 1733.
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40 (Tax ID#: 3404-501-0322-000-0)
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42 (Location: 1200 W. Midway Road)
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44 C. The approvals granted by this administrative order shall expire on September 22, 2012, unless
45 building permits or Certificate of Zoning Compliance is secured within 12 months from the date of
46 approval, or an extension is granted in accordance with the provisions of Section 11.07.05(F) of
47 the St. Lucie County Land Development Code.
File No.: CUMnj 92011 4331 PDS Order 11-017
September 22, 2011 Page: 2
1 D. The approval of the Minor Adjustment to the Conditional Use to change the ownership and the
2 name granted under this Development Order is specifically conditioned to the requirement that
3 the petitioner, Aminul Islam, including any successors in interest, shall obtain all necessary
4 development permits and construction authorizations from the appropriate State and Federal
5 regulatory authorities including, but not limited to; the United States Army Corps of Engineers, the
6 Florida Department of Environmental Protection, and the South Florida Water Management
7 District, prior to the issuance of any local building permits of authorizations to commence
s development activities on the property described in Part B.
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1 o E. A copy of this Order shall be attached to the site plan drawings, which plan shall be placed on file
11 with the St. Lucie County Planning & Development Services Director and mailed, return receipt
12 requested to the developer and agent of record as identified on the site plan applications.
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14 F. The Certificate of Capacity, shall be valid for the same period as this order. If this order expires
15 or otherwise terminates, the Certificate of Capacity shall automatically terminate.
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17 H. This order shall be recorded in the Public Records of St. Lucie County.
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19 ORDER effective the 22"d day of September, 2011.
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21 PLANNING & DEVELOPMENT SERVICES
22 DIRECTOR
23 ST. LUCIE COUNTY, FLORIDA
24
25
26
27 BY
2 e Mark Satt lee, AICP
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3 o APPROVED AS TO FORM
31 AND CORR CTNESS:
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33
34
35 BY
36 County ttorney
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File No.: CUMnj 92011 4331 PDS Order 11-017
September 22, 2011 Page: 3