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HomeMy WebLinkAboutPDS ORDERJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 4320106 OR BOOK 4008 PAGE 2549, Recorded 06/16/2017 09:26:54 AM 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 SGHNNED SY St. Lucie Counhr PDS Order 17-023 MNSP 920165065 AN ORDER GRANTING MINOR SITE PLAN APPROVAL FOR A PROJECT KNOWN AS FAMILY DOLLAR (ANGLE ROAD AND AVENUE D) WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for site plan approval and reviewed the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. SB Fort Pierce Angle Road FDS, LLC submitted an application for Minor Site Plan for a 8,186 s.f. retail discount store to be known as Family Dollar (Angle Road and Avenue D), located at the northeast corner of Angle Road and Avenue D, in the CG, Commercial, General Zoning District, more particularly described in Part B below and depicted on Exhibit A. 2. The Development Review Committee has reviewed the site plan for the proposed project and found, with the proposed conditions, the site plan meets the technical requirements of the St. Lucie County Land Development Code and has satisfied the standards of review set forth in Section 11.02.07, Standards for Site Plan Review, of the Land Development Code. 3. The project will not have an undue adverse impact on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 4. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through site design. 5. The project is designed, constructed and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 6. The project is to be served by Fort Pierce Utilities Authority water and wastewater. 7. 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 found in the Development Review Committee Final Report for Family Dollar (Angle Road and Avenue DJ Minor Site Plan, dated June 2, 2017. June 2, 2017 PDS Order 17-023 MNSP 920165065 Page 1 OR BOOK 4008 PAGE 2550 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 8. The applicant has applied for and received a Certificate of Capacity, a copy of which is attached to this order as depicted on Exhibit B, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Land Development Code, Section 11.02.03, the proposed Minor Site Plan project known as Family Dollar (Angle Road and Avenue D) , is hereby approved as shown on the site plan drawings for the project prepared by Barrios Engineering, LLC dated September 19, 2016 and date stamped received by the St. Lucie County Planning and Development Services Director on May 24, 2017, subject to the following conditions: Planning and Development Services — Planning Division �* t Prior to the issuance of a building permit, the property owner shall provide payment via cahiers check to St. Lucie County BOCC in the amount of $15,750.00 for the construction of a bus shelter to be constructed within the easement depicted on the site plan adjacent to the Angle Road right-of-way. 9:'L �-2-::::l Prior to the issuance of a Certificate of Occupancy, the property owner shall record the 10' x 15' transit stop easement area as depicted on the site plan with the St. Lucie County Clerk of Circuit Court. Prior to the issuance of a Certificate of Occupancy, the property owner shall record the cross access easements and agreements for the two (2) internal driveways as depicted on the site plan. 1EZa24-:Z3Prior fo the issuance of a Certificate of Occupancy, the developer shall install a shopping cart electronic theft deterrent system around the boundaries of the site to prevent the removal of shopping carts from the property. Prior to the issuance of a Certificate of Occupancy, the developer shall provide a bike rack adjacent to the entrance of the building. Location to be reviewed and approved by Planning Division staff. Environmental Resources Department 6. The issuance of 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 a state or federal agency or undertakes actions that result in a violation of state or federal law. 7. All other applicable state or federal permits must be obtained before commencement of June 2, 2017 PDS Order 17-023 MNSP 920165065 Page 2 OR BOOK 4008 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 PAGE 2551 the development. Public Works — Engineering Division 8. Prior to the issuance of a Building Permit, on -site construction (engineering) plans shall be submitted to the Public Works Engineering Division for review and approval. A. The property on which this Minor Site Plan approval is being granted is described as follows ANGLE ROAD AND AVENUE D SUBDIVISION, LOT 1 C. The approvals granted by this administrative order shall expire on June 2, 2018, unless a site plan extension has been granted in accordance with Land Development Code, Section 11.02.06.E — Site Plan Extensions. D. The developer is advised as part of this site plan approval thatthe developer or any successor in interest shall obtain all applicable development permits and construction authorizations from the appropriate State, Federal and local regulatory agencies including, butnot limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part B. Issuance of this approval 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 filed in writing with the County Administrator within 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 described in Part A, which plan shall be placed on file with the St- Lucie County Planning and Development Services Director and mailed to the applicant and agent of record as identified on the site plan applications. June 2, 2017 PDS Order 17-023 MNSP 92016SO65 Page 3 OR BOOK 4008 PAGE 2 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 G. The conditions set forth in Part A are an integral nonseverable 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. H. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. I. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 2nd Day of June, 2017. June 2, 2017 PDS Order 17-023 PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA 0 APPROVED AS TO FORM AND CORRECTNESS: a7 MNSP 920165065 Page 4 OR BOOK 4008 PAGE 2553 1 2 3 4 5 6 7 8 9 10 11 12 EXHIBIT A LOCATION Family Dollar -Angle Rd MNSP - 920166065 ,t Subject a Property A4enue D ti aw: . Orange Ave i u � D C r%1 June 2, 2017 PDS Order 17-023 MNSP 920165065 Page 5 OR BOOK 4008 PAGE c 'II EXHIBIT' B " St Lucie County Certificate of Capacity Date 5/24/2017 Certificate No. 2988 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 1 Number of square feet 8,186 2. Property legal description 8, Tax ID no. NE comer of Angle Road and Avenue D Family Dollar (Angle Road and Avenue D) 3. Approval: Resolution No. PDS 17-023 4. Subject to the following conditions for concurrency: As per PDS Order 17-023 Owner's name SB Fort Pierce Angle Road FDS, LLC Address 605 Delaney Avenue Suite C Orlando FL 32801 6. Certificate Expiration Date 6/2/2018 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 develo me t or �r(s) Issued for the same property, use and size as described herein. Signed Planning a Development Services Director St Lucie County, Florida