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HomeMy WebLinkAboutPDS-15-038 - Port St. Lucie Shopping CenterF JOSEPH E. SMITH, CLERK O HUT OCE CIRCUIT RT q SAINT LUCIE COUNTY 815 PAGE FILE # 41 38 762 12/08/2015 at 09:20 AM OR BOOK 3 903 - 907 Doc Type: ORD RECORDING: $44.00 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 PDS 15-038 T MNSP 820154912 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FORA MINOR ADJUSTMENT TO A FINAL PLANNED NON RESIDENTIAL DEVELOPMENT (PNRD) SITE PLAN KNOWN AS PORT ST LUCIE SHOPPING CENTER WHEREAS, the St. Lucie County Planning & Development Services Director has reviewed the request for a Minor Adjustment to Final Planned Non Residential Development (PNRD) Site Plan submitted by St. Lucie Realty Group, LLC and made the following determinations: St. Lucie Realty Group, LLC submitted a petition for a Minor Adjustment to the Final PNRD Site Plan to modify the previous approved commercial strip buildings and drive through for a proposed fast food restaurant. Said adjustment results in the removal of the previously approved 8,200 s.f. building that fronts U.S. Highway No. 1 along with the demolition of approximately 653 s.f. of floor area from the existing 13,802 s.f. commercial building that fronts Prima Vista Boulevard. The existing 4,056 s.f. commercial building adjacent to the west property line thatwas to be demolished will remain, resulting in a net increase of 592 s.f. of building space or 2.5% from the prior approval. The Environmental Resources Department has approved a wall waiver request that removes the previously approved 8 -foot high masonry wall that abuts the single family residences along the north property line. The subject 3.14 acre property located at the northwest corner of Prima Vista Boulevard and US Highway No.1 is zoned PNRD which is consistent with the COM, Commercial and RU (Residential, Urban — 5 dwelling units per acre) Future Land Use. The City of Port St. Lucie Utilities will provide water service and the existing septic system will be utilized. On October 23, 2012, the Board of County Commissioners granted approval through Resolution No. 12-114 for a re -zoning to PNRD and Preliminary/Final PNRD Site Plan for the project known as Port St. Lucie Shopping Center. 2. On July 8, 2014, the Planning and Development Services Director granted approval through PDS Order No. 14-034 an administrative site plan extension with an expiration date of October 23, 2016. 3. On February 11, 2015, the Planning and Development Services Director granted approval through PDS Order 15-003 a Minor Adjustment to Final PNRD Site Plan to modify the previous approved 16,156 s.f., 2-st6ry building that fronts U.S. Highway No.1 to accommodate a fast food restaurant with drive through and an outdoor seating area along with a reduction in off-street parking spaces. 4. The Development Review Committee has reviewed the MinorAdjustment to the Final PNRD 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 File No.: MNSP 820154912 PDS Order 15-038 December 4, 2015 Page: 1 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 48 Comprehensive Plan. 5. 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 Port St. Lucie Shopping Center - Minor Adjustment to Final PNRD Site Plan dated December 4, 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. 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 November 2, 2015 and received by the St. Lucie County Planning & Development Services Department on November 17, 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. 15-003 and 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. • _ �:r:ssss 11 NY. . HIM MINNIE% 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 File No.: MNSP 820154912 December 4, 2015 PDS Order 15-038 Page: 2 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 48 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 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, is amended follows. Prior to the issuance of a Certificate of Occupancy for the fast food restaurant, the perimeter eight (8) foot high masonry 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 orfederal permits must be obtained before commencement of the development. 9. Condition A-9 of PDS Order 15-003, is hereby deleted as it is not applicable. m 04 ■- i 10. The following condition is hereby added. Within 90 days of Minor Site Plan Adjustment approval, all FLEPPC Category 1 listed File No.: MNSP 820154912 PDS Order 15-038 December 4, 2015 Page: 3 1 invasive exotic vegetation shall be removed and treated with herbicide,. 2 3 B. The property on which this Minor Adjustment to Final PNRD Site Plan approval is being 4 granted is described as follows: 5 6 SITE LEGAL DESCRIPTION: 7 8 LOTS 1 & 2, BLOCK 27 AND ALL OF TRACT `D' ACCORDING TO THE PLAT OF RIVER 9 PARK UNIT #3, AS PER PLAT THEREOF ON FILE IN PLAT BOOK 10, AT PAGE 80 OF 10 THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LESS AND EXCEPT THE 11 LANDS OF MOBIL OIL CORPORATION AS RECORDED IN O.R. BOOK 201, PAGE 33 12 AND LANDS OF CHARLES N. AND OLIVE WEBB AS RECORDED IN O.R. BOOK 201, 13 PAGE 1834 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LESS A 33 14 FOOT EASEMENT AS RECORDED IN O.R. BOOK 929, PAGE 2453 OF THE PUBLIC 15 RECORDS OF ST. LUCIE COUNTY, FLORIDA. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 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. 39 E. The conditions set forth in PartA are an integral non -severable part of the site plan approval 40 as granted. If any condition set forth in the order is determined to be invalid or 41 unenforceable for any reason and the developer declines to comply voluntarily with that 42 condition, the site plan approval granted by this order shall become null and void 43 44 F. A copy of this Order shall be attached to the siteplan drawings described in Part A, which 45 plan shall be placed on file with the St. Lucie County Planning & Development Services 46 Director and mailed, return receipt requested to the developer and agent of record as 47 identified on the site plan applications. File No.: MNSP 820154912 PDS Order 15-038 December 4, 2015 Page: 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective this 4th day of December, 2015. File No.: MNSP 820154912 December 4, 2015 PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA M APPROVED AS TO FORM AND CORRECTNESS: PDS Order 15-038 Page: 5