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HomeMy WebLinkAboutPDS-15-003 - Port St. Lucie Shopping CenterJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4040392 02/16/2015 at 01:27 PM OR BOOK 3717 PAGE 369 - 373 Doc Type: ORDN RECORDING: $44.00 PDS 15-003 2 MNSP 920144812 3 4 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF 5 ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR ADJUSTMENT TO A 6 PLANNED NON RESIDENTIAL DEVELOPMENT (PNRD) FINAL SITE PLAN 7 KNOWN AS PORT ST LUCIE SHOPPING CENTER 8 9 WHEREAS, the St. Lucie County Planning & Development Services Director has reviewed the 10 request for a Minor Adjustment to Final Planned Non Residential Development (PNRD) Site Plan 11 submitted by St. Lucie Realty Group, LLC and made the following determinations: 12 13 1. St. Lucie Realty Group, LLC submitted a petition for a Minor Adjustment to the Final PNRD 14 Site Plan to modify the previous approved 16,156 s.f., 2 -story building that fronts US 15 Highway No. 1 to accommodate a fast food restaurant with drive through. The subject 3.14 16 acre property located at the northwest corner of Prima Vista Boulevard and US Highway 17 No.1 is zoned PNRD which is consistent with the COM, Commercial and RU (Residential, 18 Urban — 5 dwelling units per acre) Future Land Use. The changes to the plans: 19 20 0 Reduce the building footprint size from 12,556 s.f. to 8,200 s.f. 21 0 Eliminate the approved, unbuilt second floor consisting of 3,600 s.f., thus reducing 22 the building height from 41 feet to 29 feet. 23 9 Provide a drive through with a bypass lane for the fast food restaurant. 24 0 Re -locate the 1,250 s.f. outdoor seating area to the south side of the building. 25 0 Reduce the number of parking spaces provided from 113 to 102. 26 0 Revise the building elevations for the building that fronts US Highway No. 1 that 27 define the store front bays with a curvilinear parapet, stucco walls with banding, 28 stone veneer ledge or base and fabric awnings. 29 30 2. On October 23, 2012, the Board of County Commissioners granted approval through 31 Resolution No. 12-114 for a rezoning to PNRD and Preliminary/Final Site Plan forthe project 32 known as Port St. Lucie Shopping Center located at the northwest corner of Prima Vista 33 Boulevard and US Highway No. 1. 34 35 3. On July 8, 2014, the Planning and Development Services Director granted approval through 36 PDS Order No. 14-034 an administrative site plan extension with an expiration date of 37 October 23, 2016. 38 39 4. The Development Review Committee has reviewed the MinorAdjustment to the Final PNRD 40 Site Plan for the proposed project pursuant to Section 11.02.03 and found it to meet 41 technical requirements of Section 11.02.07 of the Land Development Code and to be 42 consistent with the general purpose, goals, objectives, and standards of the St. Lucie County 43 Comprehensive Plan. 44 45 5. Planning staff has performed a detailed analysis of the project and determined it to be 46 consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The File No.: MNSP 920144812 PDS Order 15-003 February 11, 2015 Page: 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 analysis is found in the Planning and Development Services Department Memorandum entitled Port St. Lucie Shopping Center - Minor Adjustment to Final PNRD Site Plan dated February 3, 2015. 6. The project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 7. 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 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. 9. The property is to be served by Port St. Lucie Utilities Department water and wastewater. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Minor Adjustment to Final PNRD Site Plan known as Port St. Lucie Shopping Center is hereby approved as shown on the plan drawings prepared by EDC, Inc. dated January 14, 2015 and received by the St. Lucie County Planning & Development Services Department on February 5, 2015 for the property described in Paragraph B subject to the following conditions: 1. All previous conditions of approval applicable to the subject property, as contained in PDS Order No. 14-034 and Resolution No 12-114 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 and the Board of County Commissioners, unless expressly modified herein. 2. Condition B-1 of Resolution No. 12-114, hereby deleted because Entrada Avenue Right of Way was conveyed to FDOT. 3. Condition B-2 of Resolution No. 12-114, has been satisfied. Within 90 days after receiving final site plan approval, the applicant shall convey the required road right-of-way for Camino Street. Manner and form of conveyance shall be acceptable to the County Attorney. The sketch and legal description shall be prepared by a Florida licensed surveyor and mapper. Pursuant to Chapter 7.05.03 of the St. Lucie File No.: MNSP 920144812 February 11, 2015 PDS Order 15-003 Page: 2 County Land Development Code, the applicant may be granted credits against road impact fees. 4. Condition B-3 of Resolution No. 12-114, remains. Prior to the issuance of a Building Permit, the applicant shall provide a fair share contribution, payable to St. Lucie County in the amount of $3,750.00 for a costs of constructing future covered shelters for transit stops in the general area. 5. Condition B-4 of Resolution No. 12-114, remains. All on-site exterior lighting shall be cast downward and shielded from adjacent properties. 6. Condition B-5 of Resolution No. 12-114, remains. Prior to the issuance of a Certificate of Occupancy, the property owner shall submit a tabular summary that includes each tenant and the square footages for all uses on site to the County's Code Enforcement Division. This summary shall be updated and submitted each time an interior renovation permit and business tax license are submitted to the County for review and approval. 7. Condition B-6 of Resolution No. 12-114, remains. Prior to the issuance of a Certificate of Occupancy, the perimeter eight (8) foot high wall shall be installed. 8. Condition A-8 of PDS Order No. 14-034, remains. The issuance of a County development permit does not in anyway create any rights on the part of the applicant to obtain a permit from a state or federal agency and 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 deferral agency 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. 9. The following condition is hereby added. Prior to the issuance of a building permit for the exterior renovation of the 8,413 s.f. building that fronts Prima Vista Boulevard, buildinq elevations for this buildinq shall be reviewed and approved by the Planning and Development Services Department. Said elevations shall be in keeping with the architectural design of the 8,200 square foot building that fronts US Highway No. 1. B. The property on which this Minor Adjustment to Final PNRD Site Plan approval is being granted is described as follows: File No.: MNSP 920144812 February 11, 2015 PDS Order 15-003 Page: 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SITE LEGAL DESCRIPTION: LOTS 1 & 2, BLOCK 27 AND ALL OF TRACT 'D' ACCORDING TO THE PLAT OF RIVER PARK UNIT #3, AS PER PLAT THEREOF ON FILE IN PLAT BOOK 10, AT PAGE 80 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LESS AND EXCEPT THE LANDS OF MOBIL OIL CORPORATION AS RECORDED IN O.R. BOOK 201, PAGE 33 AND LANDS OF CHARLES N. AND OLIVE WEBB AS RECORDED IN O.R. BOOK 201, PAGE 1834 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LESS A 33 FOOT EASEMENT AS RECORDED IN O.R. BOOK 929, PAGE 2453 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SITE ACERAGE: 3.14 acres (more or less) Parcel ID Numbers: 3419-515-0178-000-4, 3419-515-0001-000-3 and 3419-515-0001- 010-6 C. The approvals granted by this administrative order shall expire on October 23, 2016 unless building permits are issued or an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. D. The developer is advised as part of this MinorAdjustment to Final PNRD Site Plan approval for St. Lucie Realty, LLC, including any successors in interest, the developer shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part B. Issuance of this permit by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. The conditions set forth in Part A are an integral non -severable part of the site plan approval as granted. If any condition set forth in the order 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 by this order shall become null and void F. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Planning & Development Services Director and mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. G. This order shall be recorded in the Public Records of St. Lucie County. File No.: MNSP 920144812 February 11, 2015 PDS Order 15-003 Page: 4 ORDER effective this 11th day of February, 2015. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY L /9M Mark Satterl e, AICP APPROVED AS TO FORM AND CORRECTNESS: m - File No.: MNSP 920144812 February 11, 2015 County Attorney PDS Order 15-003 Page: 5