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HomeMy WebLinkAboutPDS-23-049 - 7-Eleven PDS ORDER 2023-049 File Number: MNSP-2303-000062 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING FOR A MINOR ADJUSTMENT TO THE MINOR SITE PLAN TO KNOWN AS 7-ELEVEN AT JENKINS ROAD AND ORANGE AVENUE, FOR PROPERTY LOCATED AT 5501 ORANGE AVENUE IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Adjustment to the Minor Site Plan for 7-Eleven Inc. at Jenkins Road and Orange Avenue, reviewed the comments from the Development Review Committee, and has made the following determinations: 1. Kimley-Horn & Associates applied for a Minor Adjustment to the Minor Site Plan known as 7-Eleven @ S. Jenkins & Orange. on behalf of 7-Eleven Inc., to integrate sixteen (16) additional parking spaces and a second ground sign to the approved Site Plan encompassing a 4.650 ft2 convenience store with gasoline sales. The development area is a 3.15-acre subset of the 20.32-acre parcel, including a 2.55-acre outparcel with joint access with the remaining property. The site is located at 5513 Orange Avenue in Fort Pierce, on the southeast corner of Orange Avenue (SR68) and Jenkins Road. as more particularly described in Part "B" below. and depicted in Exhibit "A", and is predominantly within the IL, Industrial Light Zoning District. 2. On December 30, 2022, the Planning & Development Services (PDS) Director approved PDS Order 2022-059 granting the Minor Site Plan. known as 7-Eleven @ S. Jenkins & Orange, to develop a 4,650 ft2 convenience store with gasoline sales and redivide into two (2) lots. 3. On February 8. 2023. the 5501 West Orange Crossing Plat was recorded, completing the two (2) lot subdivision and right-of-way dedication. 4. On June 22, 2023. the City of Fort Pierce's Annexation Ordinance 23-031 was recorded, which extends the City's territorial limits to include the subject site. After coordination with the City of Fort Pierce, due to the active Development Order and Permits with St. Lucie County. there was no objection to finalizing the active Adjustment review as enclosed. 5. The Development Review Committee has reviewed the adjusted site plan 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. 6. 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 42157 (S Jenkins and Orange) — Minor Adjustment to a Minor Site Plan. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE 3$ 5225195 08/03/2023 08:26:21 AM 1 OR BOOK 5025 PAGE 1158-1164 Doc:Type ORD Page RECORDING: $61.00 PDS No. 2023-049 File No.: MNSP-2303-000062 7. The proposed Minor Adjustment to a 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. 8. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through 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 February 27, 2023 and date stamped by the Planning & Development Services Department on April 6, 2023 for the property described in Part "B" below, subject to the following conditions: Environmental Resources Department: 1) All other landscaping and associated features shall remain consistent with the previously approved Minor Site Plan (MNSP-9202126165, PDS-22-059). (New) 2) Prior to issuance of a Vegetation Removal Permit or Exemption, the proposed fee -in - lieu for the outstanding tree mitigation balance shall be provided to the SLC Tree Fine and Mitigation Fund. in the amni mt of $162 700 00 Please he advised this foe in_lici tree mitigation plaR. (Modified) 3) Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site per Land Development Code Section 7.09.05. Planning & Development Services Department: 4) 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. 5) Prior to the issuance of a Building Permit, all signage shall be reviewed by the Planning and Development Services Department for compliance with St. Lucie County Land Development Code. (Completed, but Condition to remain in the event new signs are proposed) B. The property on which this Minor Adjustment to Minor Site Plan for the 7-Eleven, Inc. development is being granted is described as follows: LEGAL DESCRIPTION (AREA FOR DEVELOPMENT): A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED BY PROFESSIONAL SURVEYOR AND MAPPER. AS FOLLOWS: Page 2 PDS No. 2023-049 File No.: MNSP-2303-000062 COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 7, THENCE RUN SOUTH 0°07'33" WEST ALONG THE WEST LINE OF THE SAID SOUTHWEST 1/4 A DISTANCE OF 510.39 FEET TO TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE WESTERLY EXTENSION OF THE NORTHERLY BOUNDARY LINE OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 2928, PAGE 1209 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID NORTHERLY BOUNDARY LINE ALSO BEING THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL DESCRIBED HEREON; THENCE DEPARTING SAID WEST LINE, RUN NORTH 89044'27" EAST ALONG THE WESTERLY EXTENSION OF SAID PARCEL DESCRIBED HEREON, FOR A DISTANCE OF 40.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF JENKINS ROAD, ALSO KNOWN AS STATE ROAD S-611 ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS, SECTION 95631-2604, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE RUN NORTH 00007'33" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE OF JENKINS ROAD FOR A DISTANCE OF 411.64 FEET; THENCE RUN NORTH 26°06'44" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 44.96 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF ORANGE AVENUE, ALSO KNOWN AS STATE ROAD 68 ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS, SECTION 94070-2505; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE OF JENKINS ROAD, RUN NORTH 89042'09" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF ORANGE AVENUE FOR A DISTANCE OF 297.64 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE, RUN SOUTH 00010'43" WEST FOR A DISTANCE OF 12.00 FEET; THENCE RUN SOUTH 89042'09" WEST, FOR A DISTANCE OF 12.50 FEET; THENCE RUN SOUTH 00°10'43" WEST, FOR A DISTANCE OF 440.12 FEET TO A POINT ON THE EASTERLY EXTENSION OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 2929, PAGE 1209 OF THE PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 89044'27" WEST ALONG SAID EASTERLY EXTENSION AND NORTHERLY BOUNDARY LINE OF SAID PARCEL OF RECORD FOR A DISTANCE OF 304.42 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 3.16 ACRES (137,447 SQUARE FEET), MORE OF LESS. Parcel ID No: 2407-701-0002-000-1 & Portion of Parcel 2407-701-0001-000-4 Parcel Address: 5513 Orange Avenue, Fort Pierce, FL 34947 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 Adjustment to 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 Page 3 PDS No. 2023-049 File No.: MNSP-2303-000062 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 issued on December 30, 2022 shall remain the same period as this order. 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