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HomeMy WebLinkAboutPDS ORDER PAPPERS�to 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 332 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SCANNtL) PDS ORDER 15-034 St. LuBY cie Count FILE NO.: SPMN 520144774 AN ORDER GRANTING A .MINOR ADJUSTMENT TO THE PREVIOUSLY APPROVED MINOR SITE PLAN FOR THE PROJECT KNOWN AS PIERTRO'S RESTAURANT (FWA ISLAND REEF) WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Adjustment to the Minor Site Plan and reviewed the comments of the Development Review Committee and has made the following determinations: EFTX, LLC requested a Minor Adjustment to the Minor Site Plan to provide the required landscaping materials and buffer along the west property line, adjacent to existing residential dwelling units on a 1.2 acre vacant parcel located on the west side of Ocean Drive that was previously approved for temporary parking for restaurant employees as legally described in Paragraph B. The Future Land Use is COM (Commercial) and the zoning district is CG (Commercial, General). 2. On August 6, 1985 the Board of County Commissioners granted site plan approval for an approximately 6,000s.f. restaurant. 3. On August 3, 1987 an administrative site plan adjustment approval was granted to increase the size of the restaurant to 6,860 s.f. 4. On June 22, 1988 an administrative site plan approval was granted for a 234 s.f. deck at the northeast comer of the restaurant 5. On January 11, 1989 an administrative site plan approval was granted to allow for temporary employee parking on the subject 1.2 acre vacant parcel. 6. On February28, 1989 the Board of County Commissioners through Resolution 89-54 approved a Conditional Use Permit for a retail package store. 7. The Development Review Committee has reviewed the Minor Adjustment to the proposed project pursuant to the Land Development Code (LDC), Section 11.02.03(C) and found it to meet technical requirements and to be consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan. 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 for Pietro's Restaurant, dated November 6, 2015. 8. 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. File No. SPMN 520144774 PDS 15-034 November 6, 2015 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 9. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate surroundings 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: 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 and dated November 3, 2015 by Daniel J. Sugg, date stamped by the Planning & Development Services Department on November 3, 2015 for the property described in Paragraph B below, subject to the following conditions: The issuance of County development permits 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 a state or federal agency or undertakes actions that result in a violation of state or federal law. 2. All other applicable state or federal permits must be obtained before commencement of the development. 3. The stabilized parking area as identified on the site plan shall be utilized solely for the employees of Pietro's restaurant or any successors. B. The property on which this MinorAdjustment to Minor Site Plan approval is being granted is described as follows: SITE LEGAL DESCRIPTION: FOR A POINT OF REFERENCE COMMENCE AT THE NORTH EAST CORNER OF WINDMILL VILLAGE UNIT TWO AS RECORDED IN PLAT BOOK 16, PAGE 31, PUBLIC RECORDS OF ST. LUCIE COUNTY, FL; THENCE RUN SOUTH 89 DEGREES 56 MINUTES 22 SECONDS WEST ALONG THE NORTH LINE SAID PLAT A DISTANCE OF 27.84 FEET; THENCE RUN SOUTH 00 DEGREES 03 MINUTES 38 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID PLATA DISTANCE OF 111.82 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE TO RUN SOUTH 00 DEGREES 03 MINUTES 38 SECONDS EAST A DISTANCE OF 75.97 FEET; THENCE RUN NORTH 72 DEGREES 40 MINUTES 53 SECONDS EAST A DISTANCE OF 29.15 FEET TO A POINT ON THE EAST LINE OF SAID WINDMILL VILLAGE UNIT TWO; THENCE RUN SOUTH 00 DEGREES 03 MINUTES 38 SECONDS EAST ALONG SAID EAST LINE A DISTANCE OF 132.68 FEET; THENCE RUN NORTH 89 DEGREES 56 MINUTES 22 SECONDS EAST A DISTANCE OF 34.15 FEET; THENCE RUN SOUTH 23 DEGREES 49 MINUTES 31 SECONDS EAST A DISTANCE OF 8.74 FEET; THENCE RUN NORTH 89 DEGREES 56 MINUTES 22 SECONDS EASTA DISTANCE OF 273.16 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT OF WAY STATE ROAD A DISTANCE OF 237.27 FEET; THENCE RUN SOUTH 89 DEGREES 56 MINUTES 22'SECONDS WEST A DISTANCE OF 247.09 FEET TO THE POINT OF BEGINNING. A-1A AS NOW LAID OUT AND IN USE; THENCE RUN NORTH 23 DEGREES 49 File No. SPMN 520144774 November 6, 2015 Page 2 of 3 PDS 15-034 1 MINUTES 31 SECONDS WEST ALONG SAID RIGHT OF WAY 6 3 TAX IDENTIFCAITON NUMBER 4 5 4512-332-0003-010-8 6 7 C. This Minor Adjustment to Minor Site Plan shall expire on November 6, 2016 unless a 8 building permit is issued or an extension is granted in accordance with the provisions of g LDC, Section 11.02.06. 10 11 D. The developer is advised as part of this Minor Adjustment approval for EFTX, LLC. 12 including any successors in interest, the developer shall obtain all applicable development 13 permits and construction authorizations from the appropriate State and Federal and local 14 regulatory agencies including, but not limited to, the United States Army Corps of 15 Engineers, the Florida Department of Environmental Protection, and South Florida Water 16 Management District, and the St. Lucie County Environmental Resources and Building 17 Departments prior to the commencement of any development activities on the property 18 described in Part B. Issuance of this permit by the County does not in anyway create any 19 rights on the part of the developer to obtain a permit from a state or federal agency and 20 does not create any liability on the part of the County for issuance of this permit if the 21 developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or 22 federal agency or undertake actions that may result in a violation of state or federal law. 23 24 E. A copy of this Minor Adjustment to Minor Site Plan shall be placed on file with the St. Lucie 25 County Planning and Development Services Director. 26 27 F. This order shall be recorded in the Public Records of St. Lucie County. 28 29 ORDER effective the 61h day of November, 2015. 30 31 PLANNING AND DEVELOPMENT SERVICES 32 ST. LUCIE COUNTY, FLORIDA 33 34 35 36 37 BY 38 Lesson, All, Director 39 40 APPROVED AS TO FORM 41 AND CORRECTNESS 42 43 44 45 46 47 County Attorney File No. SPMN 520144774 PDS 15-034 November 6, 2015 Page 3 of 3