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HomeMy WebLinkAboutPDS-15-036 - Racetrac Savanna Club #11362 3 4 5 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4131589 11/13/2015 at 04:22 PM OR BOOK 3808 PAGE 425 - 430, Doc Type: ORD RECORDING: $52.50 PDS 15-036 IVINSP 520144766 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR SITE PLAN TO BE KNOWN AS RACETRAC SAVANNA CLUB #1136 WHEREAS, the St. Lucie County Planning & Development Services Director has reviewed Ahe request for a Minor Site Plan submitted by Bowman Consulting Group and made the following determinations: 1. Bowman Consulting Group on behalf of RaceTrac Petroleum, Inc. requested a Minor Site Plan for a 5,928 square foot retail convenience store and a canopy with 18 fueling positions. The subject 3.24 acre property is located at the southeast corner of U. S. Highway No. 1 and Savanna Club Boulevard and is zoned CG (Commercial, General) which is consistent with the COM (Commercial) future land use. Water and wastewater service will be provided by the City of Port St. Lucie Utilities. 2. On September 24, 2014 the Board of Adjustment through Resolution No. 14-011 denied a variance for a proposed ingress as a third access to the development located adjacent to Savanna Club Boulevard. 3. The Development Review Committee has reviewed the Minor Site Plan for the proposed project pursuant to Section 11.02.03 and found it to meet technical requirements of Section 11.02.07 of the Land Development Code and to be consistent with the general purpose, goals, objectives, and standards of the St. Lucie. County Comprehensive Plan. 4. Planning staff has performed a detailed analysis of the project and determined it to be consistent with the.St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Planning and Development Services Department Memorandum entitled RaceTrac Savanna Club #1136 - Minor Site Plan dated November 12, 2015. 5. 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. 6. 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. 7. 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. 8. The applicant has applied for and received a Certificate of Capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. File No.: MNSP 520144766 PDS Order 15-036 November 12, 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 NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida. A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Minor Site Plan to be known as RaceTrac Savanna Club #1136 is hereby approved as shown on the Minor Site Plan drawings prepared by Bowman Consulting Group dated October 19, 2015 and date stamped received by the St. Lucie County Planning & Development Services Department on November 4, 2015 for the property described. in Paragraph B subject to the following conditions: Within 90 days of site plan approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required executed Conservation Easement over the onsite wetlands and wetland buffers, approved Preserve Area Monitoring and Management Plan (PAMMP) with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney for review and approval. A copy of a standard Conservation Easement can be found on the St. Lucie County ERD website at: http://www.stlucibco.gov/pdfs/Conservation Easement Form.pdf. 2. Prior to commencement of development activity, the developers, their successor or assigns, shall provide the Environmental Resources Department with the Army Corp of Engineers correspondence that no permit is required for the proposed improvements. 3. Prior to issuance of a Vegetation Removal Permit or Exemption, the developers, their successor or assigns, shall conduct a pre -construction meeting with construction personnel and Environmental Resources Department staff, to verify vegetation protection measures have been installed. 4. Within 90 days of site plan approval all invasive exotic vegetation located within the property boundary shall be removed (Land Development Code, Section 7.09.05). 5. The issuance of 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 federal agency or undertakes actions that result in a violation of state or federal law. 6. All other applicable state or federal permits must be obtained before commencement of the development. 7. A Road Improvement Agreement (RIA) together with the appropriate surety shall be required for the construction of all improvements within the County road right of way. Please be advised that a right of way permit will not be issued until, the RIA and surety have been submitted. File No.: MNSP 520144766 November 12, 2015 PDS Order 15-036 Page: 2 1 8. The applicant is advised that a right of way permit shall be required for the 2 construction activities within the County road right of way. The right-of-way permit 3 shall not be issued until the RIA and surety have been submitted and accepted by 4 the County Public Works Department. 5 6 9. The applicant is advised that all off-site improvements shall be constructed and 7 conditionally accepted by the Board of County Commissioners prior to the issuance 8 of the final certificate of occupancy. 9 lo - B. The property on which this Minor Site Plan approval is being granted is described as follows: 11 12 SITE LEGAL DESCRIPTION: 13 14 A PORTION OF LOT 15, BLOCK 3, SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 15 EAST, AS SHOWN ON THE PLAT OF ST. LUCIE GARDENS, ACCORDING TO THE PLAT 16 THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 35, OF THE PUBLIC RECORDS OF 17 ST. LUCIE COUNTY, FL, DESCRIBED AS FOLLOWS: 18 19 COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 26; THENCE NORTH 20 89 DEGREES 40 MINUTES 17 SECONDS WEST ALONG A PORTION OF THE SOUTH 21 LINE OF SAID SECTION 26, A DISTANCE OF 2723.33 FEET TO A POINT ON THE EAST 22 RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1; THENCE NORTH 27 DEGREES 29 23 MINUTES 17 SECONDS WEST ALONG SAID EAST RIGHT -OF WAY LINE OF U.S. 24 HIGHWAY NO. 1, A DISTANCE OF 849.81 FEET TO THE POINT OF BEGINNING; 25 THENCE CONTINUE NORTH 27 DEGREES 29 MINUTES 17 SECONDS WEST, ALONG 26 SAID EAST RIGHT-OF-WAY OF U.S. HIGHWAY NO. 1, A DISTANCE OF 387.83 FEET TO 27 A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAVANNA CLUB BOULEVARD, AS 28 SHOWN ON SAVANNA CLUB PLAT NO. 1, ACCORDING TO THE PLAT THEREOF, AS 29 RECORDED IN PLAT BOOK 24, AT PAGE 7 OF THE PUBLIC RECORDS OF ST. LUCIE 30 COUNTY, FL; THENCE SOUTH 89 DEGREES 40 MINUTES 18 SECONDS EAST, A 31 DISTANCE OF 287.17 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO 32 THE RIGHT; THENCE EASTERLY AND SOUTHEASTERLY, ALONG THE ARC OF SAID 33 CURVE, HAVING A RADIUS OF 326.85 FEET, A CENTRAL ANGLE OF 35 DEGREES 03 34 MINUTES 50 SECONDS AND AN ARC DISTANCE OF 200.03 FEET, TO A POINT OF 35 REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE 36 SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 590.00 37 FEET, A CENTRAL ANGLE OF 05 DEGREES 24 MINUTES 08 SECONDS AND AN ARC 38 DISTANCE OF 55.63 FEET, THE LAST THREE (3) HEREIN DESCRIBED COURSES AND 39 DISTANCES BEING ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF SAVANNA 40 CLUB BOULEVARD; THENCE SOUTH 00 DEGREES 04 MINUTES 57 SECONDS WEST 41 ALONG A LINE PARALLEL TO AND 127.55 FEET WEST OF THE EAST LINE OF SAID 42 - LOT 15, A DISTANCE OF 253.93 FEET, THENCE NORTH 89 DEGREES 40 MINUTES 19 43 SECONDS WEST ALONG A LINE PARALLEL TO AN 89.29 FEET NORTH OF THE 44 SOUTH LINE OF SAID LOT 15, A DISTANCE OF 342.03 FEET TO THE POINT OF 45 BEGINNING. 46 47 SAID LANDS SITUATE, LYING AND BEING IN ST. LUCIE COUNTY, FL AND 48 CONTAINING 3.24 ACRES MORE OR LESS. File No.: MNSP 520144766 PDS Order 15-036 November 12, 2015 Page: 3 1 2 3 4 5 6 7 8 9 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 THE BEARINGS SHOWN HEREON ARE BASED ON A BEARING OF NORTH 89 DEGREES 40 MINUTES 17 SECONDS WEST ALONG THE SOUTH LINE OF SECTION 26; TOWNSHIP 36 SOUTH, RANGE 40 EAST. THE RIGHT-OF-WAY INFORMATION FOR SAVANNA CLUB BOULEVARD IS BASED ON SAVANNA CLUB PLAT NO.1, PLAT BOOK 24, PAGE 7 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FL. Site Acreage: 3.24 acres (more or less) Tax ID Number: 3414-501-1915-160-1 Location: 8630 South U.S. Highway No. 1 C. The approvals granted by this administrative order shall expire on November 12, 2017 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 Minor Site Plan approval for RaceTrac Savanna Club #1136, 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. 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. F. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. G. This order shall be recorded in the Public Records of St. Lucie County. File No.: MNSP 520144766 November 12, 2015 PDS Order 15-036 Page: 4 ORDER effective this 12th day of November, 2015. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA An APPROVED AS TO FORM AND CORRECTNESS: BY File No.: MNSP 520144766 PDS Order 15-036 November 12, 2015 Page: 5 EXHIBIT u A u St Lucie County Certificate of Capacity Date 11/5/2015 Certificate No. 2962 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Minor Site Plan Number of units 1 Number of square feet 5,928 2. Property legal description & Tax ID no. 3414-501-1915-160-1 8630 South U.S. Highway No. 1 RaceTrac Savanna Club #1136 3. Approval: Building Resolution No. Letter 4. Subject to the following conditions for concurrency: As per PDS Order 15-036 Owner's name RaceTrac Pertroleum, Inc. Address 3225 Cumberland Boulevard Atlanta GA 30339 6. Certificate Expiration Date 11/12/2017 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying develop nt orderissued with this certificate, or for subsequent developmentrder(TI�,p issued for the same property, use and size as described herein. �'T n Signed Planning and' Development Services Director St Lucie County, Florida