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HomeMy WebLinkAboutPDS-22-036 - Aldi Port St. Lucie in Fort Pierce PDS ORDER 2022-036 File No.: MNSP-6202126064 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR SITE PLAN TO BE KNOWN AS ALDI PORT ST. LUCIE, IN FORT PIERCE, FLORIDA WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan submitted by Thomas Engineering Group, LLC, on behalf of LG Investments, LLC, evaluated the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. On July 13, 2021, Thomas Engineering Group, LLC submitted a Minor Site Plan application to be known as Aldi Port St. Lucie on behalf of LG Investments, LLC, to �uO�y3 develop a 19,520 ft2 grocery store with associated site improvements on a 3.02-acre � Go Go m z� parcel is located within the CG (Commercial, General) Zoning District. O0 —+m O0 m� 2. The St. Lucie County Development Review Committee has reviewed the proposed Minor Do 0 3 Site Plan and found it to meet the technical requirements of the St. Lucie County Land S m m Development Code, Comprehensive Plan, and has satisfied the Standards for Site Plan o Review as set forth in Section 11.02.07, subject to the conditions set forth in Part "A" of o m o in x this Order. 4�0 o 0 � -U m 3. 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 o analysis can be found in the Planning and Development Services Department o memorandum titled Aldi Port St. Lucie - Minor Site Plan (MNSP-6202126064), dated C September 27, 2022. 4. On September 6, 2022, the Environmental Resources Director granted a Category III Wetland Waiver after reviewing the site plan prepared by Thomas Engineering dated February 2, 2021 (Revised April 21, 2022), and determined it meets the necessary requirements to approve the Category III Wetland Waiver, as per Comprehensive Plan Policy 6.1.14.4. 5. 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. Page 1 PDS Order No.: 2022-036 File No.: MNSP-6202126064 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 proposed 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 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 Aldi Port St. Lucie is hereby approved as shown on the site plan drawings, attached as Exhibit "A", for the project prepared by Thomas Engineering Group, LLC, dated February 2, 2021 (Revised April 21, 2022), and received by the St. Lucie County Planning and Development Services Division on September 7, 2022, subject to the following conditions: 1. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, listed species surveys shall be required, and if applicable, appropriate permits shall be obtained per required per state and/or federal protocol. 2. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, the applicant shall provide a guarantee in the form of a letter for the replacement or mitigation of the ten (10) slash pine trees based on the DBH which are being preserved in the base of the dry detention, for a period of three (3) years from issuance of a Certificate of Occupancy (CO). If any of the ten (10) slash pine trees were to expire from being immersed in water as determined by an ISA (International Society of Arboriculture) Master/Consulting Arborist, then the applicant would either replace the deceased tree(s) with the required number of inches DBH of new tree stock or pay the County the necessary mitigation fee -in - lieu of $200.00/in DBH. The terms of this agreement shall also be acknowledged by the leasee (i.e., Aldi) and/or owner of the property should the property be sold within the terms of the guarantee, as they will become the responsible party once the terms of the letter have been met. 3. Prior to initiation of any site development or issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, the fee -in -lieu of $200/inch at diameter breast height (DBH) for the 187.2" DBH remaining, totaling $37,440.00, shall be paid in full into the to the St. Lucie County Tree Fine and Mitigation Fund. 4. Prior to issuance of a Building Permit, the applicant shall incorporate architectural treatments to ensure equipment on the roof is not visible from an elevation that is horizontal to the location of the roof equipment, pursuant to schedule LDC Section 7.10.24 D. 1. C. 2. b). Page 2 PDS Order No.: 2022-036 File No.: MNSP-6202126064 5. Prior to issuance of a Certificate of Occupancy, all Category I invasive plant species shall be eradicated from the site. B. The property on which this Minor Site Plan approval is being granted is described as follows: LEGAL DESCRIPTION: LOT 1, SAVANNA PLAT #18, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 63, PAGE 18, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LESS THE FOLLOWING TWO (2) PARCELS: PARCEL 1: COMMENCING AT A POINT OF INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 (200' WIDE) AND THE WESTERLY LINE OF LOT 3, BLOCK 3, ST. LUCIE GARDENS SUBDIVISION, RECORDED IN PLAT BOOK 1, AT PAGE 35, SAID PUBLIC RECORDS; THENCE NORTH 00021'02" WEST ALONG THE WESTERLY LINE OF SAID LOT 3, ALSO BEING THE WESTERLY LINE OF LOT 1, PLAT BOOK 63, PAGE 18, A DISTANCE OF 98.40 FEET TO THE POINT - OF -BEGINNING. THENCE CONTINUE NORTH 00021'02" WEST ALONG THE WESTERLY LINE OF SAID LOT 3, A DISTANCE OF 142.62 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE SOUTH 1/2 OF SAID LOT 3, ALSO BEING THE NORTH LINE OF SAID LOT 1; THENCE NORTH 89°54'28" EAST ALONG SAID NORTH LINE, DISTANCE OF 270.97 FEET; THENCE DEPART SAID NORTH LINE, SOUTH 62006'04" WEST, A DISTANCE OF 305.64 FEET BACK TO THE POINT - OF -BEGINNING. PARCEL 2: COMMENCING AT THE NORTHWEST CORNER OF LOT 2 OF SAID PLAT OF SAVANNA PLAT #18; THENCE SOUTH 00°05'47" EAST, A DISTANCE OF 182.00 FEET; THENCE SOUTH 59054'28" WEST, A DISTANCE OF 133.89 FEET; THENCE NORTH 00020'56" WEST, A DISTANCE OF 182.00 FEET; THENCE NORTH 89054'28" EAST, A DISTANCE OF 134.69 FEET, TO THE POINT OF BEGINNING. TOGETHER WITH THAT CERTAIN PARCEL DESCRIBED IN OR 4818, PAGE 37, DESCRIBED AS FOLLOWS: A PARCEL OF LAND FOR ACQUISITION LYING IN A PORTION OF PARCEL "B" AS RECORDED IN OFFICIAL RECORD BOOK: 3226, PAGE 2474 AND A PORTION OF LOT 4, BLOCK 3 AS RECORDED IN PLAT BOOK 1, PAGE 35, ST LUCIE GARDENS SUBDIVISION, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID PARCEL OF LAND FOR ACQUISITION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 1, SAVANNA PLAT #18, AS RECORDED IN (PLAT BOOK 63, PAGE 18), ST. LUCIE COUN TY, FLORIDA, SAID POINT LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO, 1 (STATE ROAD 5) AND THE WESTERLY BOUNDARY LINE OF SAID LOT 1; THENCE NORTH 27054'29" WEST ALONG SAID RIGHT-OF-WAY LINE AND Page 3 PDS Order No.: 2022-036 File No.: MNSP-6202126064 BOUNDARY LINE, A DISTANCE OF 344.13 FEET TO THE POINT OF BEGINNING; THENCE NORTH 27054'29" WEST, CONTINUING ALONG SAID RIGHT-OF-WAY AND BOUNDARY LINE, A DISTANCE OF 87.28 FEET TO A POINT OF INTERSECTION WITH THE SAID RIGHT-OF-WAY AND THE WESTERLY BOUNDARY LINE OF SAID PARCEL "B" AND THE SOUTHERLY BOUNDARY LINE OF THE REMAINDER LOT 1, "PARCEL 1" (ORB 4292, PG 2936); THENCE NORTH 62006'04" EAST, DEPARTING SAID RIGHT-OF-WAY AND WESTERLY BOUNDARY LINE AND ALONG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE OF 45.54 FEET TO A POINT; THENCE SOUTH 00021'02" EAST, DEPARTING SAID SOUTHERLY BOUNDARY LINE A DISTANCE OF 98.40 FEET TO THE POINT OF BEGINNING. SITE ADDRESS: TBD - South U.S. Highway 1, Fort Pierce, FL 34952 PARCEL I.D. NO.: 3426-700-0001-000-3 C. The approvals granted by this administrative order shall expire after twenty-four (24) months from the effective date unless a plat is recorded in public records, 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 approval, 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 Federal Aviation Administration, Federal Communications Commission, Florida Department of Environmental Protection, St. Lucie County Fire District, North St. Lucie River Water Control District, 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 approval 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 or the County for issuance of this permit if the developer fails to obtain requisite approvals of 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 shall be placed on file with the St. Lucie County Planning and Development Services Director and mailed to the developer and agent of record as identified on the site plan applications. F. The conditions set forth in Part "A" is an integral non -severable part of the site plan approval granted by this Order. If the 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. Page 4 PDS Order No.: 2022-036 File No.: MNSP-6202126064 G. The site plan, attached as Exhibit "A", shall be valid for the same period as this Order. 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. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal the 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. J. This Order shall be recorded in the Public Records of St. Lucie County. 2rf" day of � U+e"e� -, 2022. ORDER effective the PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY Ito-- Mayte Santa a a, Director APPROVED AS TO FORM AND CORRECTNESS„ , County Attorney Page 5 PDS Order No.: 2022-036 File No.: MNSP-6202126064 E Jill ❑0� 3 Ede er S4' Y�,1Iy� S.p T S — --'- ..---------- i ---- 3rt���i �gY SNP#4a� M� �63 I�C��E��A5S[ �aa�tl le• � 13 �fi etrEid�.� Q�i4p eb Q�'E x � nLE Z :sc 6 Page 6 PDS Order No.: 2022-036 File No.: MNSP-6202126064 EXHIBIT "B" St Lucie County Certificate of Capacity Date 9!271'2022 Certificate No. 3199 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 Sile Plot, Number of units 0 Number of square feet 19,520 2. Property legal description & Tax ID no. i426-700-6001 -000- l'B1) S US Hwy I Aldi PSL 3. Approval: Building N"A St. I.uc.ic Garcic u Resolution No, -1022-0.36 Letter 9.,'-;'22 4. Subject to the following conditions for concurrency: Outlined in PDS Order 2022-036 Owner's name LCPSL I, LLC Address 5944 Coral Riche Dr., Suite 321 Coral Springs FL 3.3076 6. Certificate Expiration Late 9.1271'2014 This Certificate of Capacity is transferable only to subsequent owners of the some 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 orderlssued with this certificate, or for subsequent development order issued for the same property' use and size as described 'herein, •. •%—%Date: 912.7.r2022 Planning and Develop ent Services Director St Lucie County, Florida TueWay, September 27, 2022 Page 7 Nge I o f 2 PDS Order No.: 2022-036 File No.: MNSP-6202126064