The URL can be used to link to this page

Home My WebLink About24-006 (24-06) BOA MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 540202610/28/2024 04:40:43 PM OR BOOK 5225 PAGE 1928-1932 Doc Type:RESO BOARD OF ADJUSTMENTI RECORDING: $44.00 RESOLUTION NO. 2024-06 File No.: VAR-2405-000045 A RESOLUTION APPROVING A VARIANCE FOR CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Special Magistrate, serving as the Board of Adjustment of St. Lucie County, Florida ("Board of Adjustment"), based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. The St. Lucie County Land Development Code (LDC) Section 7.05.06.C.2.f.(3), Driveway Requirements, requires driveways with more than 50 daily trips to be at least 350 ft. from the base building line of adjacent intersections if left turns are permitted. 2. O'Reilly's Automotive Stores, Inc. submitted to the St. Lucie County an application for a Minor Site Plan to construct a 7,472 sq. ft. auto parts store with associated site , improvements including parking, landscaping, and onsite storm water detention on a 1.33-acre parcel in the CN (Commercial Neighborhood) Zoning District., at 5028 Turnpike Feeder Road, Fort Pierce, FL 34946. 3. In support of the application for the Minor Site Plan, O'Reilly's Automotive Stores, Inc. submitted a written petition for a variance to LDC Section 7.05.06.C.2.f.(3), Driveway Requirements, to allow a driveway to Palomar Parkway with left turn movements that is +/-130 ft. from the Turnpike Feeder Road base building line and +/- 50 ft. from the DeLeon Ave. base building line. 4. On June 26, 2024, this Board held a public hearing on the petition, after publishing a notice of such hearing, installing a sign on the property, and notifying by mail all owners of property within 500 feet of the subject property. 5. After consideration of the testimony presented during the public hearing by staff and the Applicant, exhibits, and the standards of review for granting variances set out in Section 10.01.02, St. Lucie County Land Development Code, the Board of Adjustment has made the following determinations: The requested variance has met the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan, because: a. Because the subject parcel has frontage on four separate roadways and is five times larger than the minimum lot area and meets minimum lot width for the CN (Commercial, Neighborhood) Zoning District, but cannot satisfy the minimum 350 feet distance from the base building lines to the driveway, the granting of the requested variance arises from conditions that are unique and peculiar to the land. b. As evidenced by the lack of opposition by the County Public Works Department to left-turn movements to and from Palomar Parkway, with the conditions set forth below, the granting of the requested variance will not impair or otherwise injure other property or improvements in the area in which the subject property is located. Allowing left turn movements to and from the driveway on Palomar Parkway will avoid routing traffic through the residential neighborhood in order to access the property by right turns. c. In light of the CN zoning and uses permitted, and the fact that no left-turn movements will be permitted onto Turnpike Feeder Road, the requested variance is the minimum necessary that will make reasonable use of the subject property. d. The requested variance meets the general spirit and intent of the St. Lucie County Land Development and the St. Lucie County Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. The petition of O'Reilly Automotive Stores, Inc. for a variance from LDC Section 7.05.06.C.2.f.(3) — Driveway Requirements, is approved subject to the conditions identified below. The variance allows a driveway with left turn movements that is +/- 130 feet from the base building line measured from Turnpike Feeder Road and +/- 50 feet from the base building line measured from DeLeon Avenue. The variance represents 220-foot and 300-foot reductions, respectively, from the 350-ft. minimum required by LDC Section 7.05.06.C.2.f.(3). The Conditions of Approval of the variance are as follows: (1) The development and use of the property shall be in accordance with the proposed Site Development Plan, dated May 8, 2024, submitted to the Planning and Development Services Department and date stamped on May 24, 2024, or such subsequently dated Site Development Plan which is approved by the Planning and Development Services Director pursuant to LDC 11.02.03.A.5., for a +/- 7,472 sq. ft. building for retail sale of auto parts (Institute of Traffic Engineers Land Use Code 843) and the associated trips projected. The Traffic Impact Statement prepared by Simmons & White, dated October 27, 2023, projects net daily, AM, and PM peak trips for the development as 233, 11 (6 In/5 Out) and 21 (10 In/11 Out), respectively. (2) Approval of the Minor Site Development Plan, prepared by Craig A. Schneider, AIA, dated May 8, 2024, submitted to the Planning and Development Services Department and date stamped on May 24, 2024, included as Exhibit "B". B. The Property to which this variance applies is described as follows: Lots 14, 15 and 16, Block 178, Lakewood Park - Unit 12A, according to the plat thereof, as recorded in Plat Book 11, Page 35, of the Public Records of St. Lucie County, Florida, being a parcel of land located within the Northwest Quarter of Section 13, Township 34 South, Range 39 East, T.M., being more particularly described as follows: Beginning at a 1/2 inch rebar with yellow plastic cap marked "LS 7134" set for the most Westerly corner of said Lot 14; thence along the Northwesterly line of said Lots 14, 15 and 16, being also the Southeasterly right-of-way line of Turnpike Feeder Road, North 45°29'35" East 179.94 feet to a 3/8 inch rebar inside a one inch iron pipe found marking the most Northerly corner of said Lot 16, and a point on the File No. VAR-2405-000045 BOA Resolution No.2024-06 Page 2 Southwesterly right-of-way line of Palomar Parkway at a point on a 326.00 foot radius curve, concave Northeasterly; thence Southeasterly along said right-of-way line and the arc of said curve through a central angle of 44°07'19" and an arc length of 256.73 feet (Chord bearing South 67°13'17" East 250.15 feet); thence along said right-of-way line South 89°08'39" East 9.50 feet to a one inch iron pipe found and the Westerly right-of-way line of Deleon Avenue; thence along said line, South 00°15'19" West 31.32 feet to a one inch iron pipe found and the Northwesterly right-of-way line of Abaca Drive; thence along said right-of-way line and the Southeasterly line of said Lots 16, 15 and 14, South 45°29'03" West 261.04 feet to a 1/2 inch rebar with yellow plastic cap marked "LS 7134" set for the most Southerly corner of said Lot 14; thence along the Southwesterly line of said Lot 14, North 44°31'52" West 259.79 feet to the Point of Beginning; containing 56,407 Square Feet, or 1.295 Acres, more or less. Address: 5028 Turnpike Feeder Road, Fort Pierce, FL Parcel Identification Number: 1301-615-0210-000-0 The survey of the subject property is attached as Exhibit "A." C. Pursuant to LDC Section 10.01.03.F., this variance shall expire on the same date as the Final Development Order for the Minor Site Plan for the O'Reilly Auto Parts Store, unless a building permit is approved, or an extension is granted. D. This Order shall become effective upon the date indicated below. An appeal from the Board of Adjustment's action may be processed within thirty (30) days following the rendition of the decision of this order in accordance with Section 10.01.07., of the St. Lucie County Land Development Code. E. This Order shall be recorded in the public records of St. Lucie County. PASSED AND DULY ADOPTED this 26th day of June 2024. BO 'D OF ADJUSTMENT ATTEST: I ',LINTY, FLORIDA Qt,‘ (1) S retary Date Magistrate APPROVED AS TO FORM AND CORRECTNESS: I t ^ I n CI rc Filing ate Asst. County t orney File No. VAR-2405-000045 BOA Resolution No.2024-06 Page 3 Exhibit A Survey i� • ,..1.•M1, 1 + $9 ylrga. y �qtd� .0" 2 , l -. ,,,:t.',A41 J ` ..>i .1 sa J ija. L-.�1.6.74 IMI y +s ki ,+ J°`*-'__-/�m��[�' c aa•nr,a vat r1 1" 4'�c� \ -'a r l`TW.j CIFi,,n afif F., Iid,5 y{ 1 y` II 1 T" str+ "-• r,...—:�-:"�'�. .•' ^J ;I - ?J 4 If l otlmEa. • _ SEC S T]l4.RISE,T.Y. }J ,p I 11 rSI .r +" �..... .✓rar ,«eI rry � f J' .,s I 1 I.oc..,m 7,L,ENOCCE qI 3'1 1 p _ .„ '��m�o"rrr°'RNT In nn I..e ;H I .. PI.• �t'i}� 1 I sq,y� I } ^4 �_• _ `i 1C�:'s"s I��'°" a . '�fIL�1'� () �,,T�.$t 4 �' 4 1 Q' I{1_p0, r� '. -ryW "4y�t+1`OI� .'�"1J rryy.�F T.. a' r T. \t',,,J�LF\ 9 .,t 1 2a�r"r" �P, TI C, I I .',! .- se%1,*V— i�' J t SRC .. t`..:r;`� ,-. ' I I t 1 r i. O i �} 1 key'.-,»"MI.a.1¢asa_,,� —.' s_".._ ro'.a,1 ��`I y J1i J rtl ! 1tT __' - - - Y9.'ff IMS ice! M ! I � 1 r j'f .s.. j ! w 4.4704.11...An`, aamn' w :.,•,`... nw+,�. Al 1 �1 f 1li �FN�OF PFFRF'AF71IX.wro S. �, 1..., !!'t ii `sm .:^a,+xa!^„�. �``f f 3g 1,0 3+ iit JJ ~f".s.[ tea.% lo>ea,om if I 1 w I ! raw us'.a.ec & 3_�� •J ...i �ww,cs,..s WE .{ _ �?'r m Ilr«.Se.0 'a a ''ax.17 iYrmw -i:al.1. I Y WIZ V. thS Y J C iz avn� ,,VC i } § no ram , ; a o ..e. •Vim, 1` Y...a.: -• am- MC;r.,a:n , Ste- ,MAT •i.R f_TU r IRI fl!/ ` nam LIallla.A___ File No VAR-2405-000045 BOA Resolution No.2024-06 Page 4 Exhibit B Site Plan (Still Under Review) # 1, / /// , / , 0,-'4'4'. 4P'SfNNI., // 'fit 4` o.. , — h / G,'�♦` • y ®, e /l 4. Jfledr� Lr'� Q"r _ 4lit�m / � �C `� ``... _1°1W 1 { R �� / der - % ,` .,` � '"tH,.: �p F �.,a -. /// �a,16 .i... re, 1, (�$ ,moo '`. e y , ,e.- � ;A" y �✓� a / ` s'^(,� wry• �,w"11. ��% �:- pir 4 mily;lI I). Leo , )L7 b+�• j jC � �' \+-\ oveID�km Para ['I 1# 'i , a w mac. ti WI' 1 'macI ill l a Y ii ,�,�� ))• �o�� Rw �;` IIli 4,4 pi • 7 0 / rr.r; , 11 rr r/, � / rr ri afr ,> 1%\* rr CC r File No. VAR-2405-000045 BOA Resolution No.2024-06 Page 5