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Home My WebLink AboutPDS-17-028 - Prima Vista WAWAJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4334811 07/27/2017 11:37:07 AM OR BOOK 4024 PAGE 1412 - 1416 Doc Type: ORD RECORDING: $44.00 PDS NO. 17-028 File No. SPMN 620175142 AN ORDER GRANTING MINOR ADJUSTMENT APROVAL TO THE PRIMA VISTA WAWA FINAL PNRD (PLANNED NON RESIDENTIAL DISTRICT) SITE PLAN WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Adjustment to the Final Planned Non Residential Development Site Plan known as Prima Vista WaWa PNRD and reviewed the comments of the Development Review Committee and has made the following determinations: 1. Brightwork Real Estate, requested a Minor Adjustment to the previously approved Prima Vista WaWa Final PNRD (Planned Non Residential Development) Site Plan to modify the vehicular turning movements and pavement striping within Prima Vista Boulevard. The subject 2.27 acre development consisting of a 5,911 s.f. convenience store with gasoline and beer/wine sales is located at the southwest corner of Prima Vista Boulevard and Floresta Drive, more particularly described in Part B below. 2. On October 20, 2017 the St. Lucie County Board of County Commissioners granted approval- through Resolution No. 16-231, the petition of Brightwork Real Estate, a Preliminary/Final Planned Non Residential Development Site Plan and Conditional Use Permits for the retail sale of gasoline and beer/wine for the project known as Prima Vista WaWa PNRD. 3. St. Lucie County Planning Staff has performed a detailed analysis of the proposed Minor Adjustment and determined it to be consistent with the St. Lucie County Land Development Code, Comprehensive Plan and with the intent of the previously approved Final PNRD Site Plan for Prima Vista WaWa PNRD. The analysis is found in the Planning and Development Services memorandum titled Prima Vista WaWa PNRD - Minor Adjustment to Final PNRD Site Plan, dated July 14, 2017. 4. The project 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. File No. SPMN 620175142 July 17, 2017 PDS 17-028 Page 1 of 5 b✓ 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate surroundings through building design, site design, landscaping and screening. 6._ The applicant has previously applied for, and received, a Certificate of Capacity, for the Prima Vista WaWa PNRD, as referenced through Resolution No. 16-231. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the proposed Minor Adjustment to the existing Final PNRD Site Plan for the Prima Vista WaWa PNRD, is hereby approved as shown on the site plan drawing prepared by Bohler Engineering June 1, 2017, and date stamped by the Planning and Development Services Department on July 11, 2017 subject to the following conditions: ALL PREVIOUS CONDITIONS OF APPROVAL AS APPLICABLE TO THIS PLANNED NON RESIDENTIAL DEVELOPMENT CONTAINED IN RESOLUTION, NO. 16-213 REMAIN IN FULL FORCE.AND AFFECT UNTIL DEEMED COMPLIED WITH BY ST. LUCIE COUNTY. THE FOLLOWING CONDITION (CONDITION # 18) CONTAINED IN RESOLUTION NO. 16- 231 HAS BEEN REVISED AS FOLLOWS: Public Works — Engineering Division is ._11 i JIM 9- .. File No. SPMN 620175142 July 17, 2017 PDS 17-028 Page 2 of 5 Y The developer shall monitor the traffic impacts of the proposed development and provide quarterly reports to the County Engineer for a period of up to one year from the completion and acceptance of the offsite improvements, and the issuance of the Certificate of Occupancy. The report shall include but not be limited to crash data, queuing, stacking and vehicular circulation. The report shall also include an analysis of the proposed turn -around on Floresta Drive and its effect to the surrounding neighborhood streets of Celestia Court, Serenata Court, Sandia Drive, and Naranja Avenue. The County Engineer may require the developer to fund, design and construct roadway improvements such as a raised median on Prima Vista Boulevard to address traffic concerns or conflicts revealed in the report. The improvements may require the reconfiguration of the Prima Vista Boulevard driveway and its turning movements as effect to traffic pattern changes. The cost of the redesign and construction shall be the responsibility of the developer. Design plans shall be submitted to the County for review and approval. A Right -Of -Way Permit shall be required prior to executing any construction work. A Roadway Improvement Agreement (RIA) and the appropriate surety in a form acceptable to the County Attorney shall be provided before the Right-Of-Wav Permit is issued. B. Legal Description: The property affected by this Minor Adjustment is described as follows: Lots 1, 2, 3, 4, 5, 46, 47,48,49 and 50, Block 45, River Park— Unit 5, according to the plat or map thereof, as recorded in Plat Book 11, Page 31, public records of St. Lucie County, Florida. C. The applicant, property owner, their successors and assigns, are advised that as part of the approval of this Minor Adjustment to the existing approved Final PNRD Site Plan for the Prima Vista WaWa Final PNRD, the applicant, property owner, their successors and assigns, shall obtain all applicable development permits and construction authorizations from the appropriate State, 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 St. Lucie County, prior to the commencement of any development activities on the property described in Part B applicable to the proposed activity for which site construction or development authorization is sought. Issuance of this Minor Adjustment to Final PNRD Site Plan approval by St. Lucie County does not in any way create any rights on the part of the applicant, property owner, their successors and assigns to obtain a permit from File No. SPMN 620175142 July 17, 2017 PDS 17-028 Page 3 of 5 6/ a state or federal agency and does not create any liability on the part of the County through issuance of this Minor Adjustment to Final PNRD Site Plan approval to obtain local development permit(s) if the applicant, property owner; their successors and assigns, fail 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. D. This Order shall become effective upon .the date of approval indicated below. The approval period for the Minor Adjustment to the Final PNRD Site Plan authorized through this Administrative Order shall run concurrent with the approval period associated with Resolution No. 16-231. E. Should the property owner, developer or authorized agent wish to appeal any condition described in Part A above, all such appeals must. be filed in writing with the County Administrator within 30 days of the rendering of this Order, as described in Section 11.02.05(D), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of any action or activity authorized through this Minor Adjustment until the appeal is resolved. F. A copy of this Order, or printed reference to it, shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie Planning and Development Services Director a copy of which shall be provided to the developer and agent of record as identified on the Minor Adjustment application. G. The conditions set forth in Part A are an integral non severable part of the Minor Adjustment approval to the existing PNRD Site Plan for the Prima Vista WaWa PNRD granted by this Order. If any condition set forth in Section A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, unless otherwise amended in accord with the provision of the St. Lucie County Land Development Code, the Minor Adjustment approvals authorized through this Order, to the existing, approved PNRD Site Plan for the Prima Vista WaWa PNRD shall become null and void, and any construction or development activity completed pursuant to this parcel shall be required to revert to the previously approved condition. H. The Certificate of Capacity, authorized through Resolution No. 16-231, shall continue to govern the area described in Part B above, and in shall remain subject to the conditions and restrictions set forth in Resolution No. 16-231. File No. SPMN 620175142 PDS 17-028 July 17, 2017 Page 4 of 5 I. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 17th day of July, 2017. PLANNING & DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA l'fl\t�Lll/J�rL1� APPROVED AS TO FORM AND CORRECTNESS By:� . County Attorney File No. SPMN 620175142 PDS 17-028 July 17, 2017 Page 5 of 5