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HomeMy WebLinkAboutPDS-14-033 - Coastal Floor and GraniteJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 397g5D7 07/11/2074 of 11:25 AM OR BOOK 3651 PAGE 2485 - 2488 Doc Type: ORD RECORDING: $35.50 PDS N O. 14-033 (File No. BCC 220144735) AN ORDER GRANTING A TWO-YEAR LAND DEVELOPMENT CODE ADMINISTRATIVE EXTENSION TO SITE PLANS PROVIDED BY SECTION 11.02.06(6)(4) TO THE SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY APPROVED MINOR SITE PLAN FOR THE PROJECT KNOWN AS COASTAL FLOOR AND GRANITE. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for development order administrative extension timely submitted and in accordance with the provisions of Section 11.02.06(6)(4) Land Development Code for Coastal Floor and Granite Minor Site Plan and has made the following determinations: On September 1, 2011, the Planning and Development Services Director granted Minor Site Plan approval through PDS No. 11-013 for the project known as Coastal Floor and Granite for 8,465 square foot retail building on 1.25 acres of property in the CG (Commercial, General) Zoning District, located on the east side of U.S. Highway 1, approximately 700 feet north of Savannah Club Road. 2. February 6, 2012 the Planning and Development Services Department granted approval of Minor Adjustment SPMn 120124379 to provide for minor changes to the building footprint and the identification of water and wastewater service lines along the project's road frontage. 3. On December 17, 2013 the St. Lucie County Board of County Commissioners adopted Ordinance 2013-43 amending the text of the Land Development Code to provide for a two year administrative extension of approved site plans. 4. The amendment approved by Ordinance 2013-43 provides that in recognition of the real estate market conditions, any local government issued site plan that has an expiration date of January 1, 2013 through December 31, 2014, may be eligible to be extended and renewed for a period of two (2) years following its date of expiration. 5. The amendment further provides that for all site plans due to expire prior to February 27, 2014, the request for the Land Development Code extension must be made in writing prior to that date, identify the specific authorization for which the extension is requested, the intended use of the extension and the anticipated time frame for acting on the authorization. Nicholas Elliott submitted a letter requesting an administrative extension to the Planning and Development Services Director on February 19, 2014. 6. Further, pursuant to Section 11.02.06, the request for the Land Development Code File No.: BCC 520144763 PDS Order No. 14-030 June 10, 2014 Page 1 administrative extension must be reviewed by Planning and Development Services Department and Environmental Resources Department and found not to be in significant noncompliance with the original St. Lucie County development order granting approval. 7. Planning Staff and Environmental Resources Department have performed a detailed analysis of the project and determined that the administrative extension is consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the memorandum titled Coastal Floor and Granite Administrative Extension, dated June 10, 2014. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director: A. Pursuant to Section 11.02.06(6)(4) of the St. Lucie County Land Development Code, the Minor Site Plan approval for the project known as Coastal Floor and Granite has been found to be eligible for a two year administrative extension such from the scheduled date of expiration, September 1, 2013 and shall now expire September 1, 2015, for the property described in Part B, is hereby approved with the following conditions: 1. All previous conditions of approval applicable to the subject property, as contained in the above referenced development orders have been consolidated as contained herein. The propertv owner shall comply with all previous conditions of approval and deadlines established by Chapter 11 of the Land Development Code and the Board of County Commissioners, unless expressly modified herein. 2. The following Condition A-1 of PDS Order No. 11-013, remains. Prior to the issuance of any construction authorizations a recorded copy of the easement agreement for the twenty-six foot wide (26") ingress and egress easement shown on the site plan shall be submitted and approved by the County Surveyor. 3. The following Condition A-2 of PDS Order No. 11-013, Prior to the issuance of a building permit, the Planning Development Services Director must review and approve the proposed signage documents for consistency with the Land Development Code Section 7.10.24.1. 4. The following Condition A-3 of PDS Order No. 11-013 is hereby deleted, File No.: BCC 520144763 PDS Order No. 14-030 June 10, 2014 Page 2 5. The following Condition A-4 of PDS Order No. 11-013, remains. Cutting and fabrication of granite countertops shall be allowed as an incidental use to the on-site retail sales, subject to all applicable permitting requirements and the following conditions: a. The fabrication of granite is limited to a maximum of 800 square feet of building floor area. b. The outdoor storage, preparation, cutting or fabrication of granite is prohibited. c. Hours of granite fabrication are limited to Sam until 5pm. Complaints of any undesirable noise, vibration, dust or other undesirable effects may result in this incidental use being revoked. No other fabrication or manufacturing is permitted on the site. 6. The following Condition is hereby added. The issuance of a County development permit does not in anv way create anv rights on the part of the applicant to obtain a permit from a state or federal agencv and does not create anv liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or deferral agencv or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. B. The property on which this development order extension is being granted is described as follows: A TRACT OF LAND LOCATED IN ST. LUCIE GARDENS SUBDIVISION, SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, BLOCK 3, AND THAT PART OF LOTS 3 AND 4, WHICH ARE DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 AND THE WESTERLY LINE OF SAID LOT 3, THENCE RUN NORTH 00°01'49" EAST, ALONG THE WEST LINE OF SIAD LOT 3, FOR A DISTANCE OF 238.43 FEET TO THE NORTH LINE OF THE SOUTH HALF OF LOT 3; THENCE SOUTH 89°42'11" EAST, ALONG THE SAID NORTH LINE OF THE SOUTH HALF OF SAID LOT 3, FOR A DISTANCE OF 271.03 FEET; THENCE NORTH 27°31'40" WEST, FOR A DISTANCE OF 205.85 FEET TO A POINT; THENCE SOUTH 62°28'20" WEST, FOR DISTANCE OF 350.00 FEET TO A POINT OF INTERSECTION WITH THE SIAD EASTERLY RIGHT-OF- WAY LINE OF U.S. HIGHWAY NO. 1; THENCE SOUTH 27°31'40" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 290.72 FEET TO THE POINT OF BEGINNING. CONTAINING 1.25 ACRES (TAX ID#'S: 3414-501-1903-200/7) (Location: South US Hwy 1, Port St. Lucie, north of Savanna Club Blvd.) C. This Minor Site Plan administrative extension approval shall expire on September 1, 2015 unless a building permit is issued and active or an extension has been granted in File No.: BCC 520144763 PDS Order No. 14-030 June 10, 2014 Page 3 accordance with Section 11.02.06, St. Lucie County Land Development Code. D. The conditions set forth in Part A are an integral non-severable part of the site plan approval as granted by this administrative extension. 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, this development order extension approval granted by this resolution shall become null and void. E. The Certificate of Capacity granted by the Planning and Development Services Director shall remain valid for the period of this development order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. F. A copy of this administrative extension shall be placed on file with the St. Lucie County Planning and Development Services Department. G. This order shall be recorded in the Public Records of St. Lucie County. This ORDER is effective the 10th day of June, 2014. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY ~A Mark Sa rlee, CP APPROVED AS TO FORM AND COR'~ECTNESS: lap G:\Planning\PROJECT FILES\Coastal Floor & Granite File No.: BCC 520144763 June 10, 2014 County PDS Order No. 14-030 Page 4