The URL can be used to link to this page

Home My WebLink AboutPDS-13-014 - Cumberland Farms aka Midway Refueling Station~e-'~eCorc~-nc~ (3~aZ~-Z~ ~3) ~ cr.~rmc~' JOSEPH E. SMITH. CLERK OF THE CIRCUIT COURT SC.~Ide.d~Gr15 CX'I'-Cr SAINT LUCIE COUNTY V ciL~?# ;3a327g rg;?GZO^3 _ai",1:?v r~~tit ^,R BOOK ~~~' .AGE 9G - 94 Dcc ~yce ORi. ~EC^RDING $aa CG No. 13-014 ~~~ ~~~.. SPMJ 120134587 AN ORDER OF THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR FOR A MAJOR ADJUSTMENT TO A MINOR SITE PLAN TO BE KNOWN AS CUMBERLAND FARMS (F/K/A MIDWAY REFUELING STATION). WHEREAS, the St. Lucie County Planning and Development Services Director reviewed the request for a Major Adjustment to a Minor Site Plan on behalf of Metro Group Development and made the following determinations: 1. On October 11, 2010 the Planning and Development Services Director via PDS Order 10-015 granted Minor Site Plan approval of the petition of Long-Term Finance and Development LLC for a project known as Midway Refueling Station consisting of a 2,600 square foot convenience store with fuel services and a 876 square foot car wash in the CG (Commercial General) Zoning District for the property described in Part B below. 2. On October 19, 2012 the Planning and Development Services Director via PDS Order 12-036 granted a development order extension with a new site plan expiration date of October 11, 2014. 3. On January 28. 2013, Metro Group Development presented a petition for a Major Adjustment to a Minor Site Plan for the project to be known as Cumberland Farms (F/K/A Midway Refueling Station) to increase the size of the convenience store to 4,513 square feet and to delete the 876 square foot car wash. 4. The Development Review Committee has reviewed the site plan for the proposed site plan adjustment and found it to be in compliance with the technical requirements of the St. Lucie County Land Development Code and to be consistent with the Future Land Use Maps of the St. Lucie County Comprehensive Plan. 5. The proposed site plan adjustment is consistent with the general purpose, goals, objectives and policies of the St. Lucie County Land Development Code, and the St. Lucie County Comprehensive Plan. 6. The proposed site plan adjustment will not have an undue adverse impact on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety and general welfare. June 3, 2013 File No.: SPMJ 120134587 Page 1 PDS Order No. 13-014 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. 8. The proposed 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. NOW THEREFORE, BE IT ORDERED by the Director of Planning and Development Services of St. Lucie County, Florida: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Major Adjustment to Minor Site Plan to be known as Cumberland Farms (F/IUA Midway Refueling Station), is hereby approved as shown on the site plan drawings for the project prepared by Bohler Engineering on January 8, 2013, and date stamped received by the St. Lucie Planning and Development Services Department on May 24, 2013 subject to the following conditions: All previous terms and conditions of approval applicable to the subject property in PDS Order 12-036 have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines established by Chapter 11, of the Land Development Code unless expressly modified herein. 2. Condition A-2 of PDS Order 12-036 is hereby deleted. Drinr fn i c~ i nn° of \/°n°~ Sinn R°mn~i~+l D°rmi~ nr Cv°mn~inn 4h° r+n nlin~+n~ r-iwt-zo ...........~..... h~+ll f n~ ... ... .r-y.~.......... .._...__~. _..---- -- ° ca r°°~ ° P ~a6~ ~°r+ i ~ ° --°°°. -°° °--° - ~,I -~ - -~- -tv ~h° ~n~iirnn ° °- - ~- m°n~°I ~ ~ ~ c ,F re r cl ~rr ~ -c9 reT ktt c e ~ e ~ ry fir,., ,,., ° ~ t ~ 9~F6c~ n°.,~.rt°r,+ ~ ,.,°h~;n- e r fl~ r i a ~n-v~~vrr r2S - r 3. Condition A-3 of PDS Order 12-036 is hereby deleted. June 3, 2013 File No.: SPMJ 120134587 Page 2 PDS Order No. 13-014 4. Condition A-4 of PDS Order 12-036 remains. Prior to the issuance of the first building permit, the applicant, successors or assign shall pay $15,750.00 to the St. Lucie County Community Services - Transit Division for costs associated with a bus shelter and other transportation amenities which will be used to serve the project area. 5. Condition A-6 of PDS Order 12-036 remains. Prior to the issuance of a right-of-way permit, the applicant shall execute a Road Improvement Agreement with St. Lucie County and submit a surety for the proposed public improvements. The amount of surety shall be 115% of the engineer's estimate of probable cost. Form of surety shall be approved by the County Attorney. The Agreement shall be approved and signed by the County Administrator or designee. 6. Condition A-7 of PDS Order 12-036 remains. Prior to the issuance of a Road Improvement Agreement, the applicant shall submit two (2) sets of signed and sealed construction plans for review and approval by the Public Works Department and Engineering Division. 7. Copies of all applicable state or federal permits/written approvals are required by the County prior to issuance of a Vegetation Removal Permit and any development activity. 8. The County's issuance of development approval does not constitute compliance with any federal and state requirements. Applicable federal and state approvals/permits are required prior to the commencement of any development activity (i.e. clearing grading, removing structures, etc.). The responsibility for contacting federal and state agencies, procuring permits/approvals and compliance with applicable laws are the sole responsibility of the applicant. Per Florida Statute 125.022, the issuance of development approval does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 9. The applicant shall execute an agreement to pay afee-in-lieu of construction for sidewalks and remit to the County the required funds within 90 days after June 3, 2013 PDS Order No. 13-014 File No.: SPMJ 120134587 Page 3 receiving site plan approval. The acceptable method of payment shall be a certified check payable to St. Lucie County. B. The property on which this Major Adjustment to Minor Site Plan approval is being granted is described as follows: A PARCEL OF LAND BEING A PORTION OF LOT 97 AS REFLECTED ON THE PLAT OF WHITE CITY SUBDIVISION, RECORDED IN PLAT BOOK 1, PAGE 23, ST. LUCIE COUNTY, FLORIDA PUBLIC RECORDS. ALSO LYING IN THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST '/4 CORNER OF SAID SECTION 5; THENCE NORTH 00 DEGREES 14 MINUTES 58 SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 5, FOR A DISTANCE OF 59.18 FEET; THENCE AT A DEFLECTION ANGLE OF 89 DEGREES 54 MINUTES 17 SECONDS TO THE LEFT AND A BEARING OF SOUTH 89 DEGREES 50 MINUTES 45 SECONDS WEST FOR A DISTANCE OF 73.00 FEET TO A POINT OF INTERSECTION OF THE WEST RIGHT OF WAY LINE OF SOUTH 25T" STREET AS RECORDED IN AND INTENDED IN O.R.B. 596, PAGES 1829 AND 1830, AND THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 712 (NOW ST. LUCIE COUNTY) AS RECORDED AND INTENDED IN O.R.B. 596, PAGES 1829 AND 1830, AS REFLECTED ON ST. LUCIE COUNTY RIGHT OF WAY MAP PREPARED BY WEATHERING LAND SURVEYORS; ALSO BEING THE POINT OF BEGINNING OF SAID PARCEL OF LAND. THENCE SOUTH 89 DEGREES 50 MINUTES 45 SECONDS WEST ALONG SAID NORTH RIGHT OF WAY LINE OF STATE ROAD NO 712, ALSO BEING THE SOUTH LINE OF SAID PARCEL FOR A DISTANCE OF 326.70 FEET; THENCE NORTH 00 DEGREES 33 MINUTES 50 SECONDS WEST ON A LINE PARALLEL TO THE WEST RIGHT OF WAY LINE OF SOUTH 25T" STREET FOR A DISTANCE OF 200 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 45 SECONDS EAST ON A LINE PARALLEL TO THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 712, FOR A DISTANCE OF 326.70 FEET TO A POINT LYING ON THE AFORESAID WEST RIGHT OF WAY LINE; THENCE SOUTH 00 DEGREES 33 MINUTES 50 SECONDS EAST ALONG SAID WEST RIGHT OF WAY LINE FOR A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. LESS THE EXCEPT THAT PORTION TAKEN FOR ADDITIONAL ROAD RIGHT OF WAY. SAID PARCEL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA AND CONTAINING 1.432 ACRES MORE OR LESS. PARCEL ID: 3403-502-0145-020-1. June 3, 2013 File No.: SPMJ 120134587 Page 4 PDS Order No. 13-014 C. The conditions set forth in Part A are an integral nonseverable part of the Major Adjustment to Minor Site Plan approval granted by this Development Order. 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 shall become null and void. D. A copy of this Order shall be placed on file with the St. Lucie County Planning and Development Services Director and mailed, return receipt requested to the developer and agent of record as identified on the Major Adjustment to Minor Site Plan application. E This Major Adjustment to Minor Site Plan development approval shall expire on October 11, 2014 unless a building permit is secured. F. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective this 3~d day June, 2013. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA ~_v~~ BY Mark S rlee, AICP Director APPROVED AS TO FORM AND CORRECTNESS: BY June 3, 2013 File No.: SPMJ 120134587 Page 5 PDS Order No. 13-014