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Home My WebLink About24-093 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5430362 01/14/2025 11:27:47 AM DR BOOK 5257 PAGE 527-533 Doc Type:ORD RECORDING: $61.00 PDS ORDER 2024-093 File No. MNSP-2402-000104 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR SITE PLAN TO BE KNOWN AS O'REILLY AUTO PARTS STORE. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan submitted by Craig A. Schneider, AIA from Esterly Schneider & Associates, Inc., on behalf of O'Reilly Automotive, Inc., evaluated the comments of the St. Lucie County Development Review Committee on this application and has made the following determinations: 1. Craig A. Schneider,AIA, from Esterly Schneider& Associates, Inc., submitted a Minor Site Plan on behalf of O'Reilly Automotive, Inc., for a Minor Site Plan to be known as O'Reilly Auto Parts Store. The site plan proposes a 7,627 square foot building located at the southeast corner of the Turnpike Feeder Road and Palomar Parkway intersection, at 5028 Turnpike Feeder Road, Fort Pierce. The subject 1.33-acre property is located within the CN (Commercial Neighborhood)Zoning District and described in Part"B." 2. On June 26, 2024, the Board of Adjustment approved a Variance, via Resolution 2405- 000045 to allow a driveway to Palomar Parkway with left turn movements, on a corner lot, 130 feet from the Turnpike Feeder Road base building line and 50 feet from the DeLeon Avenue base building line representing a 220-feet and a 300-feet reduction, respectively, from the required 350 feet. 3. On July 18,2024,the St. Lucie County Planning and Zoning Commission recommended the Board of County Commissioners approve the request for a Conditional Use Permit for the O'Reilly Auto Parts Store in the CN Zoning District. 4. On August 6, 2024, the St. Lucie Board of County Commissioners granted approval of the Conditional Use Permit via Resolution No. 2024-146 for the O'Reilly Auto Parts Store. 5. The St.Lucie County Development Review Committee has reviewed the proposed Minor Site Plan and found it to meet the standards of review as set forth in Section 11.02.07, Standards for the Site Plan Review. 6. Planning staff has 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 memorandum titled O'Reilly Auto Parts Store Minor Site Plan (MNSP-2402-000104), dated December 20, 2024. 7. 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 the public health, safety, and general welfare. Page 1 PDS No 2024-093 File No.: MNSP-2402-000104 8. 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. 9. 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 the O'Reilly Auto Parts Store. is hereby approved as shown on the site plan drawings, attached as Exhibit "A," prepared by Esterly Schneider & Associates, Inc., dated June 16, 2023, revised January 26, 2024, and May 8, 2024, and date stamped received by the St. Lucie County Planning and Development Services Division on May 23, 2024, for the property described in Part "B" below, subject to the following conditions: 1. Off-street lighting is limited in height to 20 and 25 feet from grade at the base of each pole. The eastern most light pole is limited to 25 feet and the remaining three light poles are limited to 20 feet. 2. Curb stops shall be placed on parking spaces to ensure no vehicle overhang into the landscape buffers provided fronting Turnpike Feeder Road or Palomar Parkway. The 30-ft. drive aisles provide more than sufficient space to protect the sidewalks and landscaping from any vehicle impact. 3. Improvements within the Right-of-Way or any required Right-of-Way dedications on Turnpike Feeder Road shall be coordinated through the Florida Department of Transportation(FDOT), District 4. 4. A Site Development Permit is required prior to performing site improvement activities. 5. 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, an updated 100%gopher tortoise survey conducted by a state certified gopher tortoise agent may be required per Florida Fish and Wildlife Conservation Commission(FWC)protocol, as these surveys are only valid for 90 days. 6. 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, the developer shall satisfy the remaining tree mitigation requirements and obtain a Vegetation Removal Permit or Exemption through the Environmental Resources Department per LDC 6.00.03. 7. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. Page 2 PDS No. 2024-093 File No.. MNSP-2402-000104 8. Staff relied in part on the dense native landscaping to be installed in the vicinity of the stormwater basin and Abaca Drive and DeLeon Avenue to implement the Community Architectural standards with some leniency regarding the project's facades that face Palomar Parkway, Abaca Drive and DeLeon Avenue. Therefore, compliance with the requirement to maintain the landscaping, as provided in LDC 7.09.03.D., including the seasonal flowers, is especially important for this project. 9. Roof-top equipment shall not be visible from an elevation that is horizontal to the location of the roof equipment. 10. Window signs are limited to 20%of the window area. B. The land on which this Minor Site Plan is being granted are described as follows: LEGAL DESCRIPTION: 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 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. Parcel ID Numbers: 1301-615-0210-000-0 and 1301-615-0209-000-0 Page 3 PDS No. 2024-093 File No.: MNSP-2402-000104 C. The approvals granted by this Administrative Order shall expire after twenty-four (24) months from the effective date unless a building permit is issued for the development,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 is advised as part of this Minor Site Plan approval, including any successors in interest, the developer shall obtained 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, 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 Order 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. Luci 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 of approval 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 final site plan granted by this Order shall become null and void. H. The Certificate of Capacity, attached as Exhibit "B", shall remain valid for the same period as this Order. If this Order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. 1. This Order shall be recorded in the Public Records of St. Lucie County. Page 4 PDS No. 2024-093 File No.: MNSP-2402-000104 ORDER effective the39th day of DeOfitbt7 , 2024 PLANNING & DEVELOPMENT SERVICES DIRECTOR, ST. LUCIE COUNTY, FLORIDA BY Benjamin Balcer. AICP APPROVED AS TO FORM AND CORRECTNESS: BY 4), County Attorney Page 5 PDS No. 2024-093 File No.: MNSP-2402-000104 EXHIBIT "A" 1.1E1 40.4 o«1,. . .,.,,..., �' n,y.�� Mild ONiOV!!'J 3115 «" .m. Phi�•� b9 li'33831d/80A ;3 1!�Ii !111I97YY' OM 83433d 3NIdNdf11 d AS 'QV Siand otnv milieu i a�,. u'il11lY9] sIYi a 31x018 S1 1Vd Olf,V A1113N0 M3N :,f } t IND Z ia1Q 21 i" e.1-0 lif _,,, 1 i,! it Ii—, ill Ill9 �, n1I eiy9 1111 ig b i 1 sSi Fe hog - r ii F !. a , ! 2Rh��SStrr r7 ,1t111 ' c fda.. I .'� ; cc a t a , R.1 11�94g1 d9 Ilt3 ff r e § F •0 3112I1III Si-1t11b i g zg a,! 1, ilI'I! W ,'pb°pQ;l I 94i 4O{`` , i I M 1 ' F. �i If • li i ' �a %°` 4 i 5 1 1 I 1411 1I1 II 1 I !1 ; i Ifl V! M � ' aI-1 . il � 1:1 !l E 1 Ip ! E 4 zi ! g fI 1 II I i ,• qq ' t- p 4g II1Y iti i; e I`1 II I. , .11 tF d ifl 21 e R 1 — to IIi . I t ,. 1II,gB 1!_f' 11,E; I. Ei9 i ,gE t1 iliii vo s4 I isxsg axs3; lse.$I�;YI# t1 i �sl,$eI1 i $ aog,l Ii IIE1Sit11E e ! !� eF' E' igli Et rp-ig'. i.ip..r:E1111}1111g0111'yii3rlFiie1RIIg41�.ri. 1 Igg@ 1 IF 1II 1S 111 iiiiihiigiigi!{194 11011gl1gE111111E i di! E 1ol 1111111 • !" .ei1IiIiiUi31@ "e I o Ili o4, Nit!!o3ye �I/�t ii ir g ill itill iii,IT ' ♦ 'IiI1iii!i!IiitihIit 4. ldF[ 'If ti as - \\ .i4_, E 1 1�I� s as 4.�.F,� \\ \ I !F !pi; \7 yr. \ \\ d� gill i l! ill i1 srt „ I. ..°a� \ 44, Y I!t ! 4� yam`,• " a% \ ti, -- P! lllEQj�gla ♦ / a ��;�� ( fit J:r ® �� \. \\ \0. ��. III 1 ap-e :I27—in 1`4"Ibs�� \a ites ♦ yam, ry..:49A7 Sb./ as /� ,� Qr, \ \\ /�, /i i 11,1! '1,- qa�/i _ �1 ♦.of= s` ��/ ar <, a1tattlae ry 1 as !c . . 1 • \\. 1� ..'♦ _ AMA` 1114.1 \ 0,...0 ..• \ F ° ..cf —,'O z{/Qy .4 � 9 eE' ' I, : x . Y 4.1: ! a # 4 , M1 Y ,.. B„ • Page 6 PDS No. 2024-093 File No. MNSP-2402-000104 EXHIBIT "B" Certificate of Capacity St Lucie County Certificate of Capacity Date 12;20/2024 Certificate No. 3316 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 Site Plan Number of units 0 Number of square feet 7627 2. Property legal description && Tax ID no. 1301-615-0210-000-0& 1301-615-0209-000-0 5028 Turnpike Feeder Road O'Reilly. Auto Parts Store Lakewood Park Unit I2A 3.Approval: Building Resolution No. 2024-093 Letter 4. Subject to the following conditions for concurrency: FDOT Permitting 5. Owner's name O'Reilly Automotive Stores, Inc. Address 233 S. Patterson Avenue Springfield, MO 65802 6. Certificate Expiration Date I2;20 2026 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 development order(s) issued for the same property, use and size as described herein. Signed Date: (v/099lZ Planning and Development Services Director St Lucie County, Florida Page 7 PDS No. 2024-093 File No.: MNSP-2402-000104