The URL can be used to link to this page

Home My WebLink AboutPDS-23-057 - WAWA 260 SE Prima Vista Blvd MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5234567 08/24/2023 10:25:36 AM DR BOOK 5035 PAGE 710-714 Doc Type:ORD RECORDING: $44.00 PDS ORDER 2023-057 File No.: PDMN —2305000015 AN ORDER GRANTING A MINOR ADJUSTMENT TO THE WAWA PRELIMINARY/FINAL PLANNED NON-RESIDENTIAL DEVELOPMENT (PNRD) SITE PLAN FOR WAWA CONVENIENCE STORE ON +/-2.27 ACRES OF PROPERTY LOCATED AT 260 SE PRIMA VISTA BLVD 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 Final Planned Nonresidential Development Site Plan for WaWa Convenience Store and the comments of the Development Review Committee, and has made the following determinations: 1. The applicant, David Epperson, City of Port St Lucie, on behalf of the owner, Joel David 3 LLC, is requesting a Minor Adjustment to the Wawa Convenience Store Site Plan to accommodate the corner clip associated with the Prima Vista Blvd and Floresta Dr. intersection improvement. The project is located at 260 SE Prima Vista Blvd and consists of one previously developed +/-2.27-acre parcel zoned Planned Non- Residential Development, PNRD. 2. The Development Review Committee reviewed the proposed site plan for the project and found it meets the technical requirements of the St. Lucie County Land Development Code and has satisfied the standards of review set forth in Sections 11.02.05. E, Minor Adjustments (to Planned Developments) and 11.02.07, Standards for Site Plan Review, of the St. Lucie County Land Development Code. 3. Planning Staff has performed a detailed analysis of the project and determined it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is in the Planning and Development Services Department memorandum titled WaWa - Prima Vista Minor Adjustment to PNRD (PDMN-2305-000015) dated August 14, 2023. 4. The proposed project will not have an undue adverse effect on adjacent property, 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 effects of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 6. The proposed project will be constructed, arranged, and operated so as to not interfere with the development and use of neighboring property, in accordance with applicable district regulations. PDS Order 2023-057 Page 1 File No.: PDMN—2305000015 NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. The property on which the Minor Adjustment to the Final PNRD Site Plan is being granted is described as follows: LEGAL DESCRIPTION LOTS 1, 2, 3, 4, 5, 46, 47, 48, 49 AND 50 Block 45, RIVER PARK — UNIT FIVE, ACCORDING TO THE PLAT OR MAP THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE 31, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA. PARCEL IDENTIFICATION NUMBER: 2311-801-0002-000-4 B. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the proposed Minor Adjustment to the PNRD Site Plan for WaWa Convenience Store, as depicted in Exhibit B, is hereby approved as shown on the site plan, with the accepted property line adjustment for right-of-way, for the project prepared by Bohler Engineering, dated September 13, 2016, and date stamped received by the St. Lucie County Planning & Development Services Department on July 14, 2023, subject to the following conditions: Environmental Resources Department 1. Prior to issuance of a vegetation removal permit, all preserved native trees proposed to meet required landscaping or tree mitigation requirements will be required to be barricaded and inspected. New 2. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, a Vegetation Removal Permit or Exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. New C. The approvals and authorizations granted by this Order shall be valid for the term of the Final PNRD development. D. The developer is advised as part of this Minor Adjustment to the Final Planned Nonresidential Development Site Plan approval that the property owner(s), developer, etc. including any successors in interest, shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, and 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 A. 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 PDS Order 2023-057 Page 2 File No.: PDMN— 2305000015 obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. The conditions set forth in Part B are an integral non -severable part of the site plan approval granted by this Order. If any condition set forth in Part B 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. F. A Certificate of Capacity was previously granted by the Planning & Development Services Department Director on August 14, 2023, and shall remain in effect unless otherwise provided by St. Lucie County Land Development Code. G. 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 filed in writing with the County Administrator within thirty (30) days of the rendering of this Order, as described in Section 11.02.04(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. H. A recorded copy of this Order shall be attached to the site plan drawings described in Part B, of which plan shall be placed on file with the St. Lucie County Planning & Development Services Department Director. I. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the day of yS 2023. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. CIE TY, IDA BY Be Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: L'A7 Page 3 County Attorney PDS Order 2023-057 File No.: PDMN— 2305000015 EXHIBIT "A" LOCATION Page 4 00-4 PDS Order 2023-057 File No.: PDMN— 2305000015 EXHIBIT "B" PNRD SITE PLAN (ADJUSTED) 1� . NT PAPA lk —do RIM, V-1 TT R x-1> Page 5 �w� PDS Order 2023-057 File No.: PDMN— 2305000015