HomeMy WebLinkAboutRESOLUTION PAPPERSJOSEPH I— SMITH, CLERK OF T „_ :1CUR COURT
SAINT LUCIE COUNTY
FILE# 42640900V05R01710-23.39AM
OR BOOK 3949 PAGE 2750 - 2760 Dm Type: RESO
RECORDING: $95.00
6UANNED
BY
RESOLUTION NO. 16-231 3t. Lucie Countv
File Numbers: PNRD_RZ 320165002, CU 620165026 AND CU 820165052
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY FOR PRELIMINARY/FINAL PNRD (PLANNED NOW
RESIDENTIAL DEVELOPMENT) SITE - PLAN, A ZONING ATLAS
AMENDMENT (REZONING) FROM RS-4 (RESIDENTIAL, SINGLE
FAMILY - 4) TO PNRD (PLANNED NON-RESIDENTIAL
DEVELOPMENT), AND CONDITIONAL USE PERMITS FOR THE RETAIL
SALE OF UNDISTILLED PACKAGED ALCOHOLIC BEVERAGES (BEER
AND WINE) AND THE RETAIL SALE OF GASOLINE FORA PROPOSED
5,911 S.F. WAWA CONVENIENCE STORE ON +/- 2.27 ACRES OF LAND
LOCATED AT THE SOUTHWEST CORNER OF PRIMA VISTA
BOULEVARD AND FLORESTA.DRIVE.
WHEREAS, the Board of County Commissioners of St. Lucie County; Florida, based on
the testimony and evidence, including but not limited to the staff report, has made the
following determinations:
ZONING ATLAS AMENDMENT (REZONING)
Brightwork Real Estate presented a petition for an Amendment to the Official
Zoning Atlas from RS-4 (Residential, Single Family — 4) to PNRD (Planned Non -
Residential Development), on +/- 1.98 acres located at the southwest corner of
Prima Vista Boulevard and Floresta Drive for certain property in St: Lucie County,
Florida, as legally described in Part "A" below.
2. On October 20, 2016, the St. Lucie County Planning and Zoning Commission held
a public hearing on the petition, after publishing a notice of such hearing in the St.
Lucie News Tribune at least 10 days prior to the hearing and notifying by mail -all
owners of property within 500 feet of the subject property at least 10 days prior to,
the hearing and recommended that the Board of County Commissioners deny the
hereinafter described request for the property described in Part "A".
3. On December 20, 2016, this Board held a public hearing on this petition after
publishing a notice of such -hearing -in the St. Lucie News. Tribune at least-10 days
prior to the hearing and notifying by mail all owners of property within 500 feet of
the. subject property at least 10 days prior to the hearing.
4. The proposed zoning change is consistent with the St. Lucie County
Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the
St. Lucie County Land Development Code.
PRELIMINARY/FINAL PNRD SITE PLAN
5. Brightwork Real Estate petitioned for a Preliminary/Final Planned Non -Residential
Development (PNRD) Site Plan for a 5,900 s.f. convenience store with 12 gasoline
fueling positions on +/- 2.27 acres of land located at the southwest comer of Prima
Vista Boulevard and Floresta Drive, legally described in Part "B" below and
depicted on the attached map as "Exhibit A".
6. On October 20, 2016, the St. Lucie County Planning and Zoning Commission held
a public hearing on the -petition, of which due notice was published in the St. Lucie
News Tribune and recommended that the Board of County Commissioners deny
the Preliminary/Final PNRD Site Plan.
7. On December 20, 2016 this Board held a public hearing on the petition after
publishing a notice of such hearing and notifying by mail all owners of property
within 500 feet of the subject property.
8. The St. Lucie County Development Review Committee has reviewed the
Preliminary/Final PNRD Site Plan for the project and found the site plan to be
consistent with the Future Land Use Map of the St. Lucie County Comprehensive
Plan.
9. On December 20, 2016 this Board per Land Development Code (LDC), Section
7.02.03 — Standards and . Requirements for. Planned Non -Residential
Developments, granted dimensional, relief in the amount of five (5) feet to the
maximum25 foot building height requirement for the entrance (tower element) as
required per LDC, Section 4.02.04 (A) — Performance Standards.
10.On December 20, 2016 this Board per LDC, Section 7.02.03 — Standards and
Requirements for Planned Non -Residential Developments, granted dimensional
relief in the amount of 95 feet to the minimum 150 foot driveway setback from the
base building line forthe driveway adjacent to Celestia Court as required in 7.02.06
(C)(2)(a)(2) — Driveways.
11.On December 20, 2016, this Board granted a waiver to LDC, Section 4M.04(1)) —
Performance Standards, that requires pedestrian access be provided from the
street -side sidewalk to the commercial use without crossing the parking area. The
Board determined that the sidewalk is necessary to comply with the American
Disability Act (ADA) requirements.
Page 2
12.The project is consistent with the general purpose, goals, objectives and standards
of the St. Lucie County Land Development Code, the St. Lucie County
Comprehensive Plan and the St. Lucie County Code of Ordinances.
13.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. ,
14.All reasonable steps have been taken to minimize any adverse effect of the project
on the immediate vicinity through building design, site design, landscaping and
screening.
15.The project as proposed, is arranged in a manner as to not interfere with the use
of neighboring property, in accordance with applicable district regulations.
16.The project will be served by potable water and wastewater services provided by
the City of Port St. Lucie Utilities.
CONDITIONAL USE PERMITS
17. Brightwork Real Estate presented two (2) Conditional Use Permit petitions to allow
for the retail sale of gasoline and undistilled packaged alcoholic beverages (beer
and wine) as accessory uses to the convenience (retail and food) store for the
property depicted on the attached map in Exhibit "A" and described in Part "D"
below.
18.On October 20, 2016 the St. Lucie County Planning and Zoning Commission held
a public hearing on the petitions, after publishing a notice, of such hearing in the
St. Lucie News Tribune at least 10 days prior to the hearing and notifying by mail
all owners of property within 500 feet of the subject property at least 10 days prior
to the hearing and recommended that the Board of County Commissioners deny
the hereinafter described request for the property described in Part "D" below.
19.On December 20, 2016 this Board held a public hearing on these petitions after
publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days
prior to the hearing and notifying by mail all owners of property within 500 feet of
the subject property at least 10 days prior to the hearing.
20. The Conditional Use Permits, are consistent with the goals, objectives and policies
of the St. Lucie County Comprehensive Plan and have satisfied the requirements
of Section 11.07.03 of the St. Lucie CountyLand Development Code.
Page 3
21.The uses should not have an undue adverse effect on the adjacent property, the
character of the neighborhood, and other matters affecting the public health, safety
and general welfare.
22.Ai1 reasonable steps have been taken to minimize any adverse effect the uses may
have on the immediate vicinity through building design, site design, landscaping
and screening.
23.The uses are arranged and operated so as not to interfere with the development
and use of neighboring property, in accordance with the applicable district
regulations.
CHANGE IN ZONING
A. The property on which the Change in Zoning from RS-4 (Residential, Single
Family- 4) to PNRD (Planned Non -Residential Development) is being approved is
described as follows:
Legal Description: Lots 2, 3, 4, 5, 46, 47, 48, 49 and 50, Block 45, River Park —
Unit 5, according to the plat or map thereof, as recorded in
Plat Book 11, Page 31, public records of St. Lucie County,
Florida.
Parcel ID Numbers: 3419-540-0056-000-1 3419-540-0057-000-8
3419-540-0058-000-5 3419-540-0104-000-3
3419-540-0103-000-6 3419-540-0102-000-9
3419-540-0101-000-2 3419-540-0100-000-5
3419-540-0059-000-2
PRELIMINARY/FINAL PNRD SITE PLAN
B. The property on which the Preliminary/Final Planned Non -Residential
Development (PNRD) Site Plan is being approved is described as follows:
Legal Description: Lots 2, 3, 4, 5, 46, 47. 48, 49 and 50, Block 45, River Park —
Unit 5; according to the plat or map thereof, -as recorded in
Plat Book 11, Page 31, public records of St. Lucie County,
Florida.
Parcel ID Numbers: 3419-540-0056-000-1 341IM40-0057-000-8
3419-540-0058-000-5 3419-540-0104-000-3
3419-540-0103-000-6 3419-540-0102-000-9
3410-540-0101-000-2 3419-540-0100-000-5
3419-540-0059-000-2 3419-540-0055-000-4
Page 4
C. Pursuant to LDC, Section 11.02.05 (B), the Planned Non -Residential Development
Site Plan is hereby approved as shown on the site Plan drawings for the project
prepared by Bohler Engineering dated September 13, 2016, subject to the
following conditions:
Planning and Development Services — Planning Division
1. Commercial deliveries of services and goods shall be restricted to t h e
hours of Midnight to 5:00 a.m.
2. The convenience store shall have an appropriate security system to include
but not limited .to, cameras with video retrieval capabilities.
3. There shall be no outdoor displays of materials orgoods withthe exception of
dining apparatus — tables, chairs, umbrellas and benches.
4. All roof mounted equipment shall be screened via parapet wall so as not to be
visible from ground level.
5. The amount of exterior lighting shall be reduced to zero (0) footcandle
readings at all property lines.
6. The applicant will reduce the volume of the outdoor speakers between the
hours'of 11 p.m. and 5 a.m., and the volume shall comply with the St. Lucie
Noise Ordinance at all times. .
7. The applicant shall modify the site plan drawings to widen the pavement
adjacent to Serenata.Court in order to accommodate a U-tum movement
for an F-350 pick-up or similar vehicles.
8. There shall be no advertising or signage on the gasoline pumps and
canopy with the exception of signage for the corporate name and/or logo.
9. The'air pumps shall be screened via landscape material that is acceptable
by the Environmental Resources Department so as to be shielded from the
rights -of -way.
10. The applicant shall revise the sign package to reduce the size or height of
the individual channel letters for the wall signs to 40" (Prima Vista
Boulevard elevation) and 36" (Floresta Drive elevation) and 16" for the
monument sign.
11. The proposed Floresta Drive driveway shall allow for only a right -turn in and
a right-tum out.
12. Prior to the issuance of a building permit, the applicant shall record the 7'
x14' bus shelter easement adjacent to Prima Vista Boulevard.
3. Prior to the issuance of a Certificate of. Occupancy, the applicant,
successors or assigns shall make a check payable to St. Lucie in the
amount of $15,750 for the payment of lieu of construction of an all-weather
transit shelter.. The design and installation of the shelter shall be facilitated
Prior to the issuance of a bUlltlm
Of title with the St. Lucie County
lots into one unified parcel.
the applicant shall process a unity
Appraiser to combine the ten (10)
Page 5
15. Prior to the issuance of a building permit, the applicant shall provide
revised building elevations (all sides) and site plan to the Planning and
Development Services Director for review and approval consistent with the
BOCC direction. The site plan and building elevations should reflect a
stronger orientation (frontage) towards Prima Vista Boulevard. This may be
achieved through modifications of massing of the building -tower and entry
feature and modifications to the building's fenestration including the addition
of faux windows {(similar in design as the proposed east elevation as
shown on the drawings prepared by Thomas Sign and Awning Cc (Sheet 2
of 7).) The Planning and Development Services Director shall have the
authority to approve the revisions.
Environmental Resources Department
16. Prior to issuance of a Vegetation Removal Permit or Exemption, the
developers, their successor or assigns, shall conduct a pre -construction
meeting with construction personnel and Environmental Resources
Department staff, to verify vegetation protection measures have been
installed.
17. Within 90 days of site plan approval all invasive exotic vegetation located
within the property boundary shall be removed (Land Development Code
Section 7.09.05).
Public Works — Engineering Division
18. The developer shall monitorthe traffic impacts of the proposed development
and provide quarterly reports to the County Engineer for a period of up to
one year from the execution of this resolution. The report will include but
not be limited to crash data, queuing, stacking and vehicular circulation.
The report will include an analysis of the proposed turn -around on Floresta
Drive and its affect to the surrounding neighborhood streets of Celestia
Court, Serenata Court., Sandia Drive and Naranja Avenue. The County
Engineer may require the developer to fund, design and construct roadway
improvements such as a raised median on Prima Vista to address traffic
concerns or conflicts revealed in the report. The eastbound left turn lane to
Floresta Drive shall prevail over the westbound left turn lane to the Wawa
driveway. The cost of the redesign and construction shall be . the
responsibility of the developer. Design plans shall be submitted to the
County for review and approval. A Right -Of -Way Pemiit shall be required
prior to executing any construction work. A Roadway Improvement
Agreement (RIA) and the appropriate surety in a form acceptable to the
County Attorney shall be provided before the Right -Of -Way Permit is
issued.
Page 6
19. A Road Improvement Agreement (RIA) together with the appropriate surety
shall be required for the construction of improvements of all improvements
within the County right of way. Please be advised that a right of way permit
will not be issued until the RIA and surety have been submitted.
20. A right of way permit shall be required for the construction activities within
the County road right of way.
21. A St. Lucie County Stormwater Permit shall be required.
22. Prior to the issuance of any building permit, engineering construction plans
shall be submitted to the Public Works Department, Engineering Division
for review and approval.
City of Port St. Lucie Utility Systems Department
23. Prior to the issuance of a building permit, the developer, assign or
successor shall enter in a utility service agreement for the provision of water
and wastewater service.
CONDITIONAL USE PERMITS
D. Pursuant to Section 11.07.00 of the St. Lucie County Land Development Code, the
property on which the Conditional Use Permits for the project are being approved
is described as follows:
Legal Description: Lots 1, 2, 3, 4, 5, 46, 47, 48, 49 and 50, Block 45, River Park
— Unit 5, according to the plat or map thereof, as recorded in
Plat Book 11, Page 31, public records of St. Lucie County,
Florida.
Parcel ID Numbers: 3419-540-0055-000-4 3419-540-0056-000-1
3419-540-0057-000-8 3419-540-0058-000-5
3419-540-0104-000-3 3419-540-0103-000-6
3419-540-0102-000-9 34%-540-0101-000-2
3419-540-0100-000-5 3419-540-0059-000-2
E. Pursuant to LDC, Section 11.07.03, the Conditional Use Permits for the retail sale
of gasoline and undistilled packaged alcoholic beverages (beer and wine) as
accessory uses to the convenience (retail and food) store are hereby approved.
F. The site plan approval and authorizations granted by this Resolution for the
purposes of obtaining a building permit shall expire on December 20, 2018 unless
an extension is granted in accordance with LDC; Section 11.02.06(B)(3).
G. The conditional use permit approvals and authorization by this Resolution for the
purposes of obtaining a building permit or zoning compliance shall expire on
December 20, 2017 unless an extension is granted in accordance with LDC,
Page 7
Section 11.074.05(F).
H. The property owner, including any successors in interest, shall obtain 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, Florida Department of Transportation, South Florida
Water Management District, Fort Pierce Utilities Authority, St. Lucie County
Utilities, St. Lucie County Environmental Resources and the St. Lucie County
Building Division prior to the commencement of development activities on the
property described in Part A. Issuance of any permit 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.
I. The conditions set forth in this Resolution are an integral non -severable part of the
site plan approval granted by this Resolution. If any condition set forth in Part C
and Part E are 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 Resolution shall become null and void.
J. A Certificate of Capacity, a copy of which is attached hereto as Exhibit Band made
a part hereof.the Resolution, was granted by the Planning & Development Services
Department Director on December 20, 2016.
K. The St. Lucie County Planning and Development Services Director shall be
authorized to amend the Official Zoning Map to change the zoning of the parcels
herein described, from the_ RS-4, Residential, Single Family — 4 zoning district to
the PNRD, Planned Non Residential Development zoning district, and to make
notation of the reference to the date of adoption of this Resolution.
L. This Resolution shall be recorded in the Public Records.
M. Adoption.
After motion and second, the vote on this resolution was as follows:
Chris Dzadovsky, Chairman YES
Tod Mowery, Vice Chairman YES
Frannie Hutchinson, Commissioner NO
Page 8
Linda Bartz, Commissioner YES
Cathy Townsend, Commissioner YES
PASSED AND DULY ADOPTED this 20th day of December, 2016.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY 6�
Chairman
APPROVED AS TO FORM
AND COARECTNESS---\.
a
County
Page 9
0
EXHIBIT A
LOCATION MAP
Prima Vista WaWa
CU 620165026, CU 020165052
'PNRD_RZ 3201660D2
Page 10
JOSEPH E. SMITH, CLEFTS,OF THE CIRCUIT COURT - SAIFm T+UCIE COUNTY
OILE # 4264090 OR BF, '3949 PAGE 2750, Recorded ?05/2017 10:23:39 AM
OL&ViVEO
St. t licie13 co
16-231
File Numbers: PNRD_RZ 320165002, CU 620165026 AND CU 820165052
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY FOR PRELIMINARY/FINAL PNRD (PLANNED NOW
RESIDENTIAL DEVELOPMENT) SITE PLAN, A ZONING ATLAS
AMENDMENT (REZONING) FROM RS-4 (RESIDENTIAL, SINGLE
FAMILY - 4) TO PNRD (PLANNED NON-RESIDENTIAL
DEVELOPMENT), AND CONDITIONAL USE PERMITS FOR THE RETAIL
SALE OF UNDISTILLED PACKAGED ALCOHOLIC BEVERAGES (BEER
AND WINE) AND THE RETAIL SALE OF GASOLINE FOR A PROPOSED
5,911 S.F. WAWA CONVENIENCE STORE ON +/- 2.27 ACRES OF LAND
LOCATED AT THE SOUTHWEST CORNER OF PRIMA VISTA
BOULEVARD AND FLORESTA DRIVE.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
the testimony and evidence, including but not limited to the staff report, has made the
following determinations:
ZONING ATLAS AMENDMENT (REZONING)
Briohtwork Real Estate presented a petition for an Amendment to the Official
Zoning Atlas from RS4 (Residential, Single Family — 4) to PNRD (Planned Non -
Residential Development), on +/- 1.98 acres located at the southwest corner of
Prima Vista Boulevard and Floresta Drive for certain property in St. Lucie County,
Florida, as legally described in Part "A" below.
2. On October 20, 2016, the St. Lucie County Planning and Zoning Commission held
a public hearing on the petition, after publishing a notice of such hearing in the St.
Lucie News Tribune at least 10 days prior to the hearing and notifying by mail all
owners of property within 500 feet of the subject property at least 10 days prior to
the hearing and recommended that the Board of County Commissioners deny the
hereinafter described request for the property described in Part "A".
3. On December 20, 2016, this Board held a public hearing on this petition after
publishing a notice of such hearing in the St. Lucie News. Tribune at least 10 days
prior to the hearing and notifying by mail all owners of property within 500 feet of
the subject property at least 10 days prior to the hearing.
OR BOOK 3949 PAGE 2751
4. The proposed zoning change is consistent with the St. Lucie County
Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the
St. Lucie County Land Development Code.
PRELIMINARY/FINAL PNRD SITE PLAN
5. Brightwork Real Estate petitioned for a Preliminary/Final Planned Non -Residential
Development (PNRD) Site Plan for a 5,900 s.f. convenience store with 12 gasoline
fueling positions on +/- 2.27 acres of land located at the southwest comer of Prima
Vista Boulevard and Floresta Drive, legally described in Part "B" below and
depicted on the attached map as "Exhibit K.
6. On October 20, 2016, the St. Lucie County Planning and Zoning Commission held
a public hearing on the petition, of which due notice was published in the St. Lucie
News Tribune and recommended that the Board of County Commissioners deny
the Preliminary/Final PNRD Site Plan.
7. On December 20, 2016 this Board held a public hearing on the petition after
publishing a notice of such hearing and notifying by mail all owners of property
within 500 feet of the subject property.
8. The St. Lucie County Development Review Committee has reviewed the
Preliminary/Final PNRD Site Plan for the project and found the site plan to be
consistent with the Future Land Use Map of the St. Lucie County Comprehensive
Plan.
9. On December 20, 2016 this Board per Land Development Code (LDC), Section
7.02.03 — Standards and Requirements for Planned Non -Residential
Developments, granted dimensional relief in the amount of five (5) feet to the
maximum25 foot building height requirement for the entrance (tower element) as
required per LDC, Section 4.02.04 (A) — Performance Standards.
10.On December 20, 2016 this Board per LDC, Section 7.02.03 — Standards and
Requirements for Planned Non -Residential Developments, granted dimensional
relief in the amount of 95 feet to the minimum 150 foot driveway setback from the
base building line for the driveway adjacent to Celestia Court as required in 7.02.06
(C)(2)(a)(2) — Driveways.
11.On December 20, 2016, this Board granted a waiver to LDC, Section 4.02.04(D) —
Performance Standards, that requires pedestrian access be provided from the
street -side sidewalk to the commercial use without crossing the parking area. The
Board determined that the sidewalk is necessary to comply with the American
Disability Act (ADA) requirements.
Page 2
OR BOOK 3949 PAGE 2752
12. The project is consistent with the general purpose, goals, objectives and standards
of the St. Lucie County Land Development Code, the St. Lucie County
Comprehensive Plan and the St. Lucie County Code of Ordinances.
13.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.
14.All reasonable steps have been taken to minimize any adverse effect of the project
on the immediate vicinity through building design, site design, landscaping and
screening.
15.The project as proposed, is arranged in a manner as to not interfere with the use
of neighboring property, in accordance with applicable district regulations.
16.The project will be served by potable water and wastewater services provided by
the City of Port St. Lucie Utilities.
CONDITIONAL USE PERMITS
17. Brightwork Real Estate presented two (2) Conditional Use Permit petitions to allow
for the retail sale of gasoline and undistilled packaged alcoholic beverages (beer
and wine) as accessory uses to the convenience (retail and food) store for the
property depicted on the attached map in Exhibit "A" and described in Part "D"
below.
18.On October 20, 2016 the St. Lucie County Planning and Zoning Commission held
a public hearing on the petitions, after publishing a notice of such hearing in the
St. Lucie News Tribune at least 10 days prior to the hearing and notifying by mail
all owners of property within 500 feet of the subject property at least 10 days prior
to the hearing and recommended that the Board of County Commissioners deny
the hereinafter described request for the property described in Part "D" below.
19.On December 20, 2016 this Board held a public hearing on these petitions after
publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days
prior to the hearing and notifying by mail all owners of property within 500 feet of
the subject property at least 10 days prior to the hearing.
20.The Conditional Use Permits, are consistent with the goals, objectives and policies
of the St. Lucie County Comprehensive Plan and have satisfied the requirements
of Section 11.07.03 of the St. Lucie County Land Development Code.
Page 3
OR BOOK 3949 PAGE 7753
21.The uses should not have an undue adverse effect on the adjacent property, the
character of the neighborhood, and other matters affecting the public health, safety
and general welfare.
22.All reasonable steps have been taken to minimize any adverse effect the uses may
have on the immediate vicinity through building design, site design, landscaping
and screening.
23.The uses are arranged and operated so as not to interfere with the development
and use of neighboring property, in accordance with the applicable district
regulations.
CHANGE IN ZONING
A. The property on which the Change in Zoning from RS-4 (Residential, Single
Family- 4) to PNRD (Planned Non -Residential Development) is being approved is
described as follows:
Legal Description: Lots 2, 3, 4, 5, 46, 47, 48, 49 and 50, Block 45, River Park —
Unit 5, according to the plat or map thereof, as recorded in
Plat Book 11, Page 31, public records of St. Lucie County,
Florida.
Parcel ID Numbers: 3419-540-0056-000-1 3419-540-0057-000-8
3419-540-0058-000-5 3419-540-0104-000-3
3419-540-0103-000-6 3419-540-0102-000-9
3419-540-0101-000-2 3419-540-0100-000-5
3419-540-0059-000-2
PRELIMINARY/FINAL PNRD SITE PLAN
B. The property on which the Preliminary/Final Planned Non -Residential
Development (PNRD) Site Plan is being approved is described as follows:
Legal Description: Lots 2, 3, 4, 5, 46, 47, 48, 49 and 50, Block 45, River Park —
Unit 5, according to the plat or map thereof, as recorded in
Plat Book 11, Page 31, public records of St. Lucie County,
Florida.
Parcel ID Numbers: 3419-540-0056-000-1 3419-540-0057-000-8
3419-540-0058-000-5 3419-540-0104-000-3
3419-540-0103-000-6 3419-540-0102-000-9
3419-540-0101-000-2 3419-540-0100-000-5
3419-540-0059-000-2 3419-540-0055-000-4
Page 4
OR BOOK 3949 PAGE 97,54 _
C. Pursuant to LDC, Section 11.02.05 (B), the Planned Non -Residential Development
Site Plan is hereby approved as shown on the site Plan drawings for the project
prepared by Bohler Engineering dated September 13, 2016, subject to the
following conditions:
Planning and Development Services — Planning Division
1. Commercial deliveries of services and goods shall be restricted to t h e
hours of Midnight to 5:00 a.m.
2. The convenience store shall have an appropriate security system to include
but not limited to, cameras with video retrieval capabilities.
3. There shall be no outdoor displays of materials or goods with the exception of
dining apparatus —tables, chairs, umbrellas and benches.
4. All roof mounted equipment shall be screened via parapet wall so as not to be
visible from ground level.
5. The amount of exterior lighting shall be reduced to zero (0) footcandle
readings at all property lines.
6. The applicant will reduce the volume of the outdoor speakers between the
hours of 11 p.m. and 5 a.m., and the volume shall comply with the St. Lucie
Noise Ordinance at all times.
7. The applicant shall modify the site plan drawings to widen the pavement
adjacent to Serenata Court in order to accommodate a U-tum movement
for an F-350 pick-up or similar vehicles.
8. There shall be no advertising or signage on the gasoline pumps and
canopy with the exception of signage for the corporate name and/or logo.
9. The air pumps shall be screened via landscape material that is acceptable
by the Environmental Resources Department so as to be shielded from the
rights -of -way.
10. The applicant shall revise the sign package to reduce the size or height of
the individual channel letters for the wall signs to 40" (Prima Vista
Boulevard elevation) and 36" (Floresta Drive elevation) and 16" for the
monument sign.
11. The proposed Floresta Drive driveway shall allow for only a right -turn in and
a right turn out
12j�riiiT-.to,2hesissuance,of�, ,building'permit�the applicant shall record the 7'
x14' bus shelter easement adjacent to Prima Vista Boulevard.
13. Prior to the issuance of a Certificate of Occupancy, the applicant,
successors or assigns shall make a check payable to St. Lucie in the
amount of $15,750 for the payment of lieu of construction of an all-weather
transit shelter. The design and installation of the shelter shall be facilitated
by the St. Lucie County Community Services Department
— _ 14 �P,rfor to the4ssuance,of,a building. permit,. the. applicant•shalhprocess a-u_ nity
of'title with'the`St.�EucI6Cou6tyProperty Appraiser to combirie-the-teri (10)
lots into one unified parcel.
Page 5
OR BOOK 3949 PAGE 2755
15.,Priorztg: the! issuanceTof^:a;ilbuilding,�perrpit; the applicant shall provide
5�31i revised building elevations (all sides) and site plan to the Planning and
Development Services Director for review and approval consistent with the
C,YIQL� BOCC direction. The site plan and building elevations should reflect a
Lolkti stronger orientation (frontage) towards Prima Vista Boulevard. This may be
achieved through modifications of massing of the building -tower and entry
feature and modifications to the building's fenestration including the addition
S a-+(PfOL'rA of faux windows {(similar in design as the proposed east elevation as
shown on the drawings prepared by Thomas Sign and Awning Co (Sheet 2
of 7).) The Planning and Development Services Director shall have the
authority to approve the revisions.
Environmental Resources Department
16. Prior to issuance of a Vegetation Removal Permit or Exemption, the
developers, their successor or assigns, shall conduct a pre -construction
meeting with construction personnel and Environmental Resources
Department staff, to verify vegetation protection measures have been
installed.
17. Within 90 days of site plan approval all invasive exotic vegetation located
within the property boundary shall be removed (Land Development Code
Section 7.09.05).
Public Works — Engineerinq_Division
18. The developer shall monitorthe traffic impacts of the proposed development
and provide quarterly reports to the County Engineer for a period of up to
one year from the execution of this resolution. The report will include but
not be limited to crash data, queuing, stacking and vehicular circulation.
The report will include an analysis of the proposed turn -around on Floresta
Drive and its affect to the surrounding neighborhood streets of Celestia
Court, Serenata Court., Sandia Drive and Naranja Avenue. The County
Engineer may require the developer to fund, design and construct roadway
improvements such as a raised median on Prima Vista to address traffic
concerns or conflicts revealed in the report. The eastbound left turn lane to
Floresta Drive shall prevail over the westbound left turn lane to the Wawa
driveway. The cost of the redesign and construction shall be the
responsibility of the developer. Design plans shall be submitted to the
County for review and approval. A Right -Of -Way Permit shall be required
prior to executing any construction work. A Roadway Improvement
Agreement (RIA) and the appropriate surety in a form acceptable to the
— County Attorney shall be provided before the Right -Of -Way Permit is
issued.
Page 6
OR BOOK 3949 PAGE 2756
19. A Road Improvement Agreement (RIA) together with the appropriate surety
shall be required for the construction of improvements of all improvements
within the County right of way. Please be advised that a right of way permit
will not be issued until the RIA and surety have been submitted.
20. A right of way permit shall be required for the construction activities within
/ the County road right of way.
V 21. A St. Lucie County Stormwater Permit shall be required.
22. Prior to the issuance of any building permit, engineering construction plans
shall be submitted to the Public Works Department, Engineering Division
for review and approval.
City of Port St. Lucie Utility Systems Department
23. �P,!oT�tomthe=issuancew-ofza,buildingapermit, the developer, assign or
successor shall enter in a utility service agreement for the provision of water
and wastewater service.
D. Pursuant to Section 11.07.00 of the St. Lucie County Land Development Code, the
property on which the Conditional Use Permits for the project are being approved
is described as follows:
Legal Description: Lots 1, 2, 3, 4, 5, 46, 47, 48, 49 and 50, Block 45, River Park
— Unit 5, according to the plat or map thereof, as recorded in
Plat Book 11, Page 31, public records of St. Lucie County,
Florida.
Parcel ID Numbers:
3419-540-0055-000-4
3419-540-0057-000-8
3419-540-0104-000-3
3419-540-0102-000-9
3419-540-0100-000-5
3419-540-0056-000-1
3419-540-0058-000-5
3419-540-0103-000-6
3419-540-0101-000-2
3419-540-0059-000-2
E. Pursuant to LDC, Section 11.07.03, the Conditional Use Permits for the retail sale
of gasoline and undistilled packaged alcoholic beverages (beer and wine) as
accessory uses to the convenience (retail and food) store are hereby approved.
F. The site plan approval and authorizations granted by this Resolution for the
purposes of obtaining a building permit shall expire on December 20, 2018 unless
an extension is granted in accordance with LDC, Section 11.02.06(B)(3).
G. The conditional use permit approvals and authorization by this Resolution for the
purposes of obtaining a building permit or zoning compliance shall expire on
December 20, 2017 unless an extension is granted in accordance with LDC,
Page 7
OR BOOK 3949 PAGE 2757 _
Section 11.074.05(F).
H. The property owner, including any successors in interest, shall obtain 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, Florida Department of Transportation, South Florida
Water Management District, Fort Pierce Utilities Authority, St. Lucie County
Utilities, St. Lucie County Environmental Resources and the St. Lucie County
Building Division prior to the commencement of development activities on the
property described in Part A. Issuance of any permit 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.
I. The conditions set forth in this Resolution are an integral non -severable part of the
site plan approval granted by this Resolution. If any condition set forth in Part C
and Part E are 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 Resolution shall become null and void.
J. A Certificate of Capacity, a copy of which is attached hereto as Exhibit B and made
a part hereof the Resolution, was granted by the Planning & Development Services
Department Director on December 20, 2016.
K. The St. Lucie County Planning and Development Services Director shall be
authorized to amend the Official Zoning Map to change the zoning of the parcels
herein described, from the RS-4, Residential, Single Family — 4 zoning district to
the PNRD, Planned Non Residential Development zoning district, and to make
notation of the reference to the date of adoption of this Resolution.
L. This Resolution shall be recorded in the Public Records.
M. Adoption.
After motion and second, the vote on this resolution was as follows:
Chris Dzadovsky, Chairman YES
Tod Mowery, Vice Chairman YES
Frannie Hutchinson, Commissioner NO
Page 8
OR BOOK 3949 PAGE 2758
Linda Bartz, Commissioner YES
Cathy Townsend, Commissioner YES
PASSED AND DULY ADOPTED this 20th day of December, 2016.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY 69 Z&
Chaiiman
APPROVED AS TO FORM
AND CORRECTNESS
County
Page 9
OR BOOK 3949 PAGE 2759
EXHIBIT A
LOCATION MAP
Subject
Property
a
m
Prima Vista WaWa
CU 620165026, CU 820165052
PNRDLRZ 320165002
Lucie -
0 1 450
Page 10
OR BOOK 3949 PAGE 2760
i
EXNIBIi' B '
St Lucie County
Certificate of Capacity
Data 12/20/2016
Certificate No. 2979
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 PNRD
Number of units 1 Number of square feet 5911
2. Property legal description & Tax ID no.
SW Comer of Prima Vista Blvd/Floresta Drive
Prima Vista Wa Wa
3. Approval: Building
Resolution No. 2016-231
4. Subject to the following conditions for concurrency:
As per Resolution No. 2016-231
Owner's name
Brightwork Real Estate
Address
3708 West swans Avenue, Ste 200
Tampa FL 33609
6. Certificate Expiration Date 12/20/2018
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
develop ent orde ) issued for the same property, use and size as described herein.
Sigaed
Planning an§ Development Services Director
St Lucie County, Florida