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HomeMy WebLinkAboutPDS-20-019 - 7-Eleven at Indrio Road and Kings Highway - 7310 Indrio RoadPDS ORDER 2020-019 File Number: MNSP-6201925545 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR SITE PLAN TO BE KNOWN AS 7-ELEVEN AT INDRIO ROAD AND KINGS HIGHWAY, FOR PROPERTY LOCATED AT 7310 INDRIO ROAD IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan for 7-Eleven Inc., reviewed the comments from the Development Review Committee, and has made the following determinations: 1. Gunster Law Firm submitted an application for Minor Site Plan, on behalf of 7-Eleven Inc., for approval to construct a 3,454 square foot convenience store featuring eight (8) fueling pumps (16 fueling stations), covered fuel canopy, beer & wine sales (accessory use to retail food sales), and a single -car self-service car wash to be known as 7-Eleven at Indrio Road and Kings Highway. The subject property is located on the northwest corner of Indrio Road (SR 614) and Kings Highway (SR 713), as more particularly described in Part "B" below, and depicted in Exhibit "A", and is located within the CN (Commercial, Neighborhood) Zoning District. i 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet the standards of review as set forth in Section 11.02.07 of the St. Lucie County Land Development Code, and found it to meet technical requirements and to be consistent with the general purpose, goals, and objectives, of the St. Lucie County Comprehensive Plan. 3. On June 2, 2020, the Board of County Commissioners granted three (3) Conditional Use Permits for the 7-Eleven @ Indrio Road and Kings Highway; 1) to allow a single -bay self- service car wash (Resolution 2020-119), 2) to allow for the sale of beer and wine as accessory to retail food sales (Resolution 2020-120), and 3) to allow gasoline sales as accessory to a retail food store (Resolution 2020-121). 4. Planning staff performed a detailed analysis of the project and found it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis can be found in the Planning and Development Services Department memorandum titled 7- Eleven @ Indrio Road & Kings Highway — Minor Site Plan (MNSP-6201925545), dated, October 15, 2020. 5. On August 18, 2020, the Board of County Commissioners granted a partial wall waiver from the requirements of Land Development Code Section 7.10.22, requiring an eight (8) foot masonry wall adjacent to self-service car washes. 6. The proposed Minor Site Plan will not have an undue adverse effect on adjacent properties, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4771002 10/23/2020 10:56:46 AM Page 1 DR BOOK 4496 PAGE 638 - 643 Doc Type: ORD PDS No. 2020-019 October 15, 20, RECORDING: $52.50 File No.: MNSP-6201925545 7. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through tower design, site design, landscaping, and screening. 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 Site Plan is hereby approved as shown on the drawing prepared by Kimley Horn and Associates, Inc., dated September 9, 2020 and date stamped by the Planning & Development Services Department on September 9, 2020 for the property described in Part "B" below, subject to the following conditions: Environmental Resources Department: 1. The required tree mitigation funds paid to St. Lucie County's Tree Mitigation Fund in the amount of $152,600.00 on August 31, 2020 shall be utilized exclusively for improvements to or acquisition of publicly owned public lands within the Indrio Road/Kings Highway corridor in accordance with Land Development Code 6.00.05.D. 2. Within sixty (60) days of issuance of a Vegetation Removal Permit or Exemption, all Category I listed invasive plant species shall be eradicated from the site in accordance with Land Development Code Section 7.09.05. Planning & Development Services De artment: 3. Prior to issuance of a Certificate of Occupancy, the applicant shall demonstrate compliance with Florida Statute Section 526.143, by providing for alternate generated power capacity. 4. Outdoor speaker systems shall comply with the St. Lucie County noise ordinance at all times. 5. The car wash operations should be limited between the hours of 7:00 a.m. and 10:00 p.m., unless the applicant can further demonstrate the washing and drying systems will not exceed the sound level limits, pursuant to St. Lucie County Code of Ordinances Section 28-110. 6. The roadway impact fees collected from the development shall be allocated and expended on various improvements including but not limited to roadways, sidewalks, landscaping, etc., in the area of the development for the benefit of the area. 7. Prior to the issuance of Building Permit, all signage shall be reviewed by the Planning and Development Services Department for compliance with St. Lucie County Land Development Code. B. The property on which this Minor Site Plan for 7-Eleven, Inc. is being granted is described as follows: 14 34 39 E 1/2 OF SE 1/4 OF SE 1/4 OF NE 1/4-USS S 50 FT AND LESS E 80 FT AND LESS N 225 FT AND LESS ADDL RD RAN MPDAF: FROM E 1/4 COR OF SEC, TH N 89 52 34 W 79.82 FT, TH N 00 07 26 E 50 FT TO POB; TH N 89 52 34 W 257.65 FT, TH N 00 1 8 27 E 60 FT, TH S 89 52 34 E 232.50 FT, TH N 45 25 52 E 35.55 FT TO WLY RAN Page 2 PDS No. 2020-019 October 15, 2020 File No.: MNSP-6201925545 LI OF CANAL NO. 4, TH S 00 19 56 W ALG RM LI 85 FT TO POB- (1.95 AC - 84,942 SF) (OR 3036-2167) Parcel ID No: 1314-144-0000-000-0 Parcel Address: 7310 Indrio Road, Fort Pierce, FL 34945 C. This administrative order shall expire after twenty-four (24) months from the effective date unless a building permit is 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, including any successors in interest, is advised as part of this Minor Site Plan, the developer 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, South Florida Water Management District, the St. Lucie County Environmental Resources, Public Works, 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. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part "A" above, all such appeals must be filled in writing with the County Administrator within thirty (30) days of the rendering of this Order, as described in Section 11.02.03(B), 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 this development project until the appeal is resolved. F. A copy of this Order shall be attached to the site plan drawings, which shall be placed on file with the St. Lucie County Planning and Development Services Department and copies provided to the developer and agent of record as identified on the site plan application. G. The conditions set forth in Part "A" are an integral non -severable part of the site plan approval granted by this Order. 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, the site plan approval granted by this order shall become null and void. H. The Certificate of Capacity, attached as Exhibit "B", shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. I. This Order shall be recorded in the Public Records of St. Lucie County Page 3 PDS No. 2020-019 October 15, 2020 File No.: MNSP-6201925545 ORDER effective the day of 2020. PLANNING AND DEXELOPMENT SERVICES ST-LUCIEi COUNTY, FLORIDA m e won, AIgP,-Director APPROVED AS TO F( AND CORRECTNESS County Attorney Page 4 PDS No. 2020-019 October 15, 2020 File No.: MNSP-6201925545 EXHIBIT "A)' (Approved Site man) yr A 1 "3- r3 T NVId 311S 30'd3ld IMOA 31— 1 j X UJOH #( JIVSGC# N3A313-L IV t "all P 'I 1jj .131 t q 1p , 1 90009 tt: is Q-0aQQZ,5 GO P -11 S. qn. - Page 5 PDS No. 2020-019 October 15, 2020 File No.: MNSP-6201925545 EXHIBIT "B" St Lucie County Certificate of Capacity Date 10/14/2020 Certificate No. 3110 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 0 Number of square feet 3,454 2. Property legal description & Tax ID no. 1314-144-0000-000-0 7310 Indrio Road, Fort Pierce, FL 34951 7-Eleven @ Indrio Road & Kings Highway 3. Approval: Building N/A Resolution No. PDS 2020-0 Letter 4. Subject to the following conditions for concurrency: See PDS Order 2020-0 l 9 Owner's name Indrio Retail Properties LLC Address 2129 Via Fuentes Vero Beach FL 32963 6. Certificate Expiration Date 10/14/2022 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 development orderissued with this certificate, or for subsequent develogment(order*issued for the same property, use and size as described herein. Signe( Date: 10/14/2020 rat Services Director St Lucie County, Florida Page 6 PDS No. 2020-019 October 15, 2020 File No.: MNSP-6201925545