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Home My WebLink AboutPDS-23-022 - 7-Eleven at Kings Highway and Angle Road PDS ORDER 2023-022 File Number: MNSP-2208-000043 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 KINGS HIGHWAY AND ANGLE ROAD, FOR PROPERTY LOCATED ON KINGS HIGHWAY AND ANGLE 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 (RKM Development Corp.), reviewed the comments from the Development Review Committee, and has made the following determinations: 1. Engineering Design & Construction, Inc. applied for a Minor Site Plan, on behalf of RKM Development Corp., to construct a 4,650 square foot convenience store and a 5,236 square foot fuel canopy for gasoline sales to be known as 7-Eleven @ Kings Highway and Angle Road. The development area is a 2.96-acre subset of the 36.52-acre parcel, which is to be divided as part of a two (2) lot subdivision proposal within this Site Plan. The overall site is located on the southwest corner of the Kings Highway and Angle Road intersection, as more particularly described in Part "B" below, and depicted in Exhibit "A", and is predominantly within the CG, Commercial General Zoning District. 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. 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 (Kings Highway & Angle Road) — Minor Site Plan. dated May 22, 2023. 4. 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 public health, safety, and general welfare. 5. 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 Engineering Design & Construction, Inc., dated February 3, 2023, for the property described in Part "B" below, subject to the following conditions: '1ICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY =ILE# 5201367 06/06/2023 01:07:17 PM PDS No. 2023 022 Page 1 OR BOOK 5000 PAGE 380-386 Doc Type:ORD RECORDING: $61.00 File No.: MNSP-2208-000043 Environmental Resources Department: 1) This site may contain habitat for the state protected gopher tortoise. A gopher tortoise survey conducted by a state certified gopher tortoise agent may be required per Florida Fish and Wildlife Conservation Commission (FWC) protocol prior to initiation of any clearing activities onsite. 2) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide the required $400 fee-in-lieu of tree mitigation requirements as detailed within the approved tree mitigation plan. Public Works Department: 3) A Fee-in-Lieu of sidewalk is required to be submitted for approval by the Board of County Commissioners prior to issuance of the Site Development Permit. If the request is not accepted by the Board, a sidewalk is required to be constructed along the adjacent Rights-of-Ways. 4) A Site Development Permit is required prior to performing site improvement activities. Site Development Permit application can be found on the County's website under the Public Works Department link. In accordance with the permit and Land Development Regulations, the applicant shall retain the FOR for site inspections and final certification. Planning & Development Services Department: 5) 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. 6) Prior to the issuance of a Building Permit, all signage including by not limited to the monumental ground sign, fuel canopy signs, and directional signage shall be reviewed by the Planning and Development Services Department for compliance with the St. Lucie County Land Development Code. The proposed monumental ground shall comply with LDC Section 7.10.24.G.1.A and shall not exceed the overall height of the principal structure. 7) Future division of the commercial outparcel shall require cross access whether approved via a lot split or a plat conforming to the site plan. B. The property on which this Minor Site Plan for RKM Development Corp., is being granted is described as follows: LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2: THENCE S00°32'S5"E. ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 313.06 FEET; THENCE N89°26'56"W, LEAVING SAID SECTION LINE, A DISTANCE OF 50.01 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF KINGS HIGHWAY (S.R. 713) (VARYING WIDTH RIGHT-OF-WAY)AS SHOWN ON THE FLORIDA DEPARTMENT Page 2 PDS No. 2023-022 File No.: MNSP-2208-000043 OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 94003-2512, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE N89°26'56"W, LEAVING SAID RIGHT-OF-WAY LINE, A DISTANCE OF 411.96 FEET; THENCE S00°42'22"E, A DISTANCE OF 313.03 FEET: THENCE S89°26'56"E, A DISTANCE OF 411.10 FEET TO A POINT ON SAID WEST RIGHT-OF- WAY LINE OF KINGS HIGHWAY (S.R. 713) (VARYING WIDTH RIGHT-OF-WAY); THENCE N00°32'55"W, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 313.01 FEET TO THE POINT OF BEGINNING. CONTAINING 2.957 ACRES (128,789.28 SQUARE FEET), MORE OR LESS. Parcel ID No: 2302-111-0004-000-2 Parcel Location: Southwest corner of the Kings Highway and Angle Road intersection. 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. Page 3 PDS No. 2023-022 File No.: MNSP-2208-000043 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. ORDER effective the cday of /'l a7 , 2023. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY Ben in Balcer, AICP APPROVED A.S TO FORM AND CORREC S County Attorney Page 4 PDS No. 2023-022 File No.: MNSP-2208-000043 EXHIBIT "A-1 ” (Approved Site Plan Before FDOT Conditions) -.I. N if I II 74 I ' •1 . i: II 1 11 I i li 7 ill 1/: I il i ill il i ill 1; Ill F [ LI ! I , ,,.0 II ,I iiiipo , • 1 milir , . .,, , ,t :„...,.,:.... ,....:::... 1 ' tot 4 L41 1 ,.;, tor,,wirom,y • 1 ,. , 1 ; . . !;11111111 I i 1I1III I ' 4 et., - ..4ihkg, - -II\-- ---- • 1 - 1 .... 11,—.1•7_14" --loarg r 1 .1 I. 1 : 1 I 71t11. ''11-11111:1- 1 i i-I I I'.:_,. Ili V ' •' 1441 IS 4 1-- , '.. ,.i& NL ' • 1 -- - ...", i-t------- .. .... _:__ — , ..____—.-04—r• —or— --dost4.—•-•••—•••—••—•••—ww—pe— -Oa 1 I I,: ! I, ' II/I 713 MINOS WM 1 k ii ..11100-iia. 1 r' • I ii INI 1 lir fill il :111:111 1: 1 lig 1 It . ,I li l' ii II Ail 1 It t. :: :117:r 1 , I 1 ; I't iI:e'll - .- ! P 11 li i 1 1 ir ,LLif I ii pli !HP II 11; t I II , i , ' I AM 11 I il ,' 1;Ili , ill t• I. : 11 II 1 il(t.;j".• ii 1 • II' 11 11 111 5 11 , Thti ,'11-1 m----: . 1-ELEVEll 1ri,if,b,L2 .1!11611, ....„...CLIIN:ft thE PLAN) r _ II I"\ . A-4--- —.—... - iIL 1111 I '111 Page 5 PDS No. 2023-022 File No.: MNSP-2208-000043 EXHIBIT "A 2" (Approved Site Plan After FDOT Conditions) ....._.,...,...„..._ .. . 111171 ' i 1 i I I:ii i!! ---o I :T lli ki ir II _,T.J, 7 • 111 1: 1 I 11 lq .1 i 1 b 3 r. ill ! i X I • 1 - - \4in,,-4. - 1 • 4! . illi 11111. 11 1 , L_:- .__ „..... .... •, , .„ 1 imict _ 11P Mr L......., mum) 111111111 I , li i, ! .iii, 413iFF:' ix 0,,,,,,t,.....„.,...„„,,,, -... .. 14., P I I , N .., , , „..... . , • • • - lh ' '''' 1 rt 1 i ' ''''''-• i --, 41..•le --:j).Se , 19) '-, •4vo s:N,• -...:=,---6'' • - _._._______._: getf:, te''V. - room ' 0 1 $R 7,31104G5 HWY) 1 ilEeli4 ---7- -- ___________________-._.. I 1 I I ,_--------------------- _ __ ., i_ r ,1 iiiii0111111 , I! Ill ,i 1 1 ..,11 i ili 1 1 ' • fi UN I ,. 11 1 11 ii ..11R1' vitt]t 1! i il lig 1 Iiiiii 11E11 1 I i , • • I 1 \,,tits:Pm-0o,=trip*/ — ,.._ 4,..... Page 6 PDS No. 2023-022 File No.: MNSP-2208-000043 EXHIBIT "B" (Certificate of Capacity) St Lucie County Certificate of Capacity Date 5/25/2023 Certificate No. 323(I 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 Sits Pant Number of units Number of square feet •1.i>ti 2. Property legal description & Tax ID no. 2302-111-0004-000-2 SW corner of Kings Hwy.and Angle Rd. 7-Eleven(Kings Highway&Angle Road) 3. Approval: Building Resolution No. 2023-022 Letter 4. Subject to the following conditions for concurrency: Oudincd in PDS Order 2023-022 Owner's name Tavinel Invesnnents II LLC Address :SO si. 2r.ti1 e r, 800 'ti;nni 11. 33131 6. Certificate Expiration Date 5 25120_5 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 developme o r s) d for the same property, use and size as described herein. Signed � 1 Date: 512512023 Planning and Development Services Director St Lucie County, Florida l hursday,May 24,2023 l'sge I of I Page 7 PDS No. 2023-022 File No.: MNSP-2208-000043