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Home My WebLink AboutPDS Order 2019-006; Order Granting minor Adjustment to previously approved minor site planPDS ORDER 2019-006 File Number: SPMN 1120185405 AN ORDER GRANTING A MINOR ADJUSTMENT TO THE PREVIOUSLY APPROVED MINOR SITE PLAN FOR THE PROJECT KNOWN AS MCDONALDS AT INDRIO ROAD AND KINGS HIGHWAY LOCATED AT 4878'N KINGS HIGHWAY, FORT PIERCE WHEREAS, the St. Lucie County Planning and Development ServicesDirector has reviewed the request for a Minor Adjustment to the Minor Site Plan for McDonalds U.S.A., LLC and reviewed the comments of the Development Review Committee and has made the following determinations: 1. McDonalds U.S.A., LLC requested a Minor Adjustment to the Minor Site Plan known as McDonalds at Indrio Road and Kings Highway to allow for the proposed addition of an additional drive thru lane, modifications to the existing parking stalls and vehicular use area, relocation, of the pedestrian crosswalk and updating the existing landscape plan. The subject property is located at 4878 N Kings Highway, Fort Pierce as described in Part B. 2. On January 18, 2010, the St. Lucie County Growth Management Director, through Resolution No. GM 10-001, granted approval for a Minor Site Plan known as McDonalds @ Indrio Crossings. 3. The Development Review Committee has reviewed the Minor Adjustment to the proposed project pursuant to the Land Development Code (LDC), Section 11,02.07 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. 4. 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 is found in the Planning and Development Services memorandum titled McDonalds @ Indrio Road and Kings Highway (SPMN-) Minor Adjustment to Minor Site Plan, dated February 27, 2019. 5. The 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. 6. 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. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT PDS No. 2019-006. Page 1 SAINT LUCIE COUNTY File No.: SPMN 1120185405 FILE # 4539221 03/07/2019 06:2126 AM OR BOOK 4240 PAGE 2570. 2573 Doc Type: ORD RECORDING: $35.50 _....._..- ...�. '�":.: c;�"'�.:7. �.- rs^*^*.«,.«..,,....,IP.'¢•, rflm`mn• __ ram, ". GCSI.E;� .:_ ... u,TdSb..iuf,"�'i[C" A. Pursuant to Section 11.02.03(C) of the St. Lucie County Land Development Code, the Minor Adjustment is hereby approved as shown on the drawing prepared by CHP, Inc., dated December 28, 2018 and date stamped by the Planning & Development Services Department on January 4, 2019 for the property described in Paragraph B below, subject to the following conditions: 1. The issuance of a County Development Permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by the state or federal agency or undertakes actions that result in a violation of state or federal law. 2. Upon completion of the proposed project, a copy of the as -built plans and Engineer's Certification shall be provided to the Public WorksDepartment. B. The property on which this Minor Adjustment to the Minor Site Plan for McDonalds U.S.A., Inc. approval is being granted is described as follows: PARCEL 1: (FEE SIMPLE) BEGINNING (P.O.B.) AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 65 FEET OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39 EAST, WITH THE EAST RIGHT-OF-WAY LINE OF THE "SUNSHINE STATE PARKWAY FEEDER ROAD" (S.R. 713); THENCE RUN NORTH 00003'21" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, 285,00 FEET; THENCE RUN EAST AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 60.00 FEET; THENCE RUN SOUTH 45°00'02" EAST, 158.86 FEET; THENCE RUN SOUTH 44059'58" WEST, 244.11 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING IN SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. PARCEL 2: (FEE SIMPLE) A PARCEL OF LAND LYING AND BEING IN THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION '13; RUN SOUTH 89°59'28" WEST, ALONG SOUTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST Y4 OF SECTION 13, A DISTANCE OF 896.098 FEET; THENCE RUN NORTH 00000'00" EAST, AND LEAVING THE AFORESAID SOUTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING RUN SOUTH 89059'58" WEST, AND PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST' 114 OF SECTION 13, A DISTANCE OF 320.00 FEET; THENCE RUN NORTH 44°59'58" EAST, A DISTANCE OF 244.11 FEET; THENCE RUN SOUTH 45°00'02" EAST, A DISTANCE OF 208.44 FEET; THENCE RUN SOUTH 00000'00" EAST, A DISTANCE OF 25.22 FEET TO THE POINT OF BEGINNING. PDS No. 2019-006 Page 2 File No.: SPMN 1120185405 PARCELS 1 AND 2 BEING THE SAME AS: BEGINNING (P.O.B.) AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 65 FEET OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39 EAST, WITH THE EAST RIGHT-OF-WAY LINE OF THE "SUNSHINE STATE PARKWAY FEEDER ROAD" (S.R. 713); THENCE RUN NORTH 00006'17" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, 285.00 FEET; THENCE RUN SOUTH 89053'43" ,EAST AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 60.00 FEET; THENCE RUN SOUTH 44°58'35"EAST, 367.11 FEET; THENCE RUN SOUTH 0000015" WEST, FOR 25.22 FEET TO A POINT ON SAID NORTH LINE OF THE SOUTH 65 FEET OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39 EAST; THENCE NORTH 89059'45" WEST; ALONG SAID NORTH LINE OF THE SOUTH 65 FEET FOR 320.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT ALL THAT PART LYING WITHIN LANDS DESCRIBED IN STIPULATED ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 3818, PAGE 2240, OF THE PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA. PARCEL 3: (EASEMENT) NON-EXCLUSIVE EASEMENTS AS SET FORTH AND DESCRIBED IN THAT CERTAIN SHOPPING CENTER EASEMENT AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 3515, PAGE 2244, AS AFFECTED BY NON' -DISTURBANCE AGREEMENT (EASEMENT -MORTGAGE) RECORDED IN OFFICIAL RECORDS BOOK 3515, PAGE 2256, BOTH OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LEGAL DESCRIPTION: (PER SURVEYOR) COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 65 FEET OF THE SOUTHWEST 1/4 OF THE NORTHWEST 114 OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39 EAST WITH THE EAST RIGHT-OF-WAY LINE OF THE "SUNSHINE STATE PARKWAY FEEDER ROAD" (S.R. 713); SAID POINT ALSO BEING THE SOUTHWEST CORNER OF PARCEL NO. 122 AS RECORDED IN OFFICIAL RECORD BOOK 3818, PAGE 2240 OF THE OFFICIAL RECORDS OF ST. LUCIE COUNTY, FLORIDA, THENCE RUN NORTH 00°06'17" EAST ALONG SAID EAST RIGHT-OF-WAY LINE AND THE WEST LINE OF SAID PARCEL NO. 122, 67.06 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE RUN NORTH 0000617" EAST ALONG SAID EAST RIGHT-OF-WAY LINE, 217.94 FEET; THENCE RUN SOUTH 89053'43" EAST AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 60.00 FEET; THENCE RUN SOUTH 44058'35" EAST, 351.87 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF INDRIO ROAD (PER FLORIDA DEPARTMENT RIGHT-OF- WAY MAP SECTION 94003-2502, REVISED 2/14/14) AND THE NORTH LINE OF SAID PARCEL NO. 122 AS RECORDED IN OFFICIAL RECORD BOOK 3818, PAGE 2240 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY,, FLORIDA; THENCE NORTH 89059'45" WEST ALONG SAID NORTH LINE, 278.11 FEET; THENCE NORTH 44056'21" WEST ALONG SAID NORTH LINE, 43.88 FEET TO THE POINT OF BEGINNING. PDS No. 2019-006 Page 3 File No.: SPMN 1120186405 I CONTAINING 45,460 SQUARE FEET, OR 1.04 ACRE MORE OR LESS. Parcel ID #:1313-232-0001-010-7 3. This Minor Adjustment to McDonalds U.S.A., LLC shall expire within twenty-four (24) months of the effective date of this order unless a building permit is issued or an extension is granted in accordance with the provisions of Land Development Code, Section 11.02.06. 4. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie CountyPlanning and Development Services Director and mailed to the developer and agent of record as identified on the site plan applications. 5. 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. 6. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the day of �IVO , 2019, PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA in APPROVED AS TO FORM AND CORRECTNESS P County Attorney PDS No. 2019-006 Page 4 File No.: SPMN 1120185405