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Home My WebLink AboutPDS ORDERSCANNED BY St. Lucie County PDS Order 18-020 MNSP-920175193 AN ORDER GRANTING APPROVAL OF A MINOR SITE PLAN TO BE KNOWN AS BURGER KING — KITTERMAN ROAD LOCATED AT 6598 SOUTH US HIGHWAY 1, PORT ST. LUCIE, FL WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan submitted by Seven Real Estate Holdings LLC, evaluated the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. Seven Real Estate Holdings LLC requested a Minor Site Plan for the construction a 2,967 sq. ft. fast food restaurant (Burger King), featuring a drive- thru, and associated site improvements, to be located on a 1.41 acre site located at 6598 S. US Highway 1, within the CG, Commercial General zoning district. 2. The Development Review Committee has reviewed the Minor Site Plan 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. 3. 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 with minor exception to the quantity of off-street parking provided on -site as presented in paragraph 4. The analysis is found in the Planning and Development Services memorandum titled Burger King - Minor Site Plan (MNSP-920175193), dated April 9, 2018. 4. The Planning and Development Services Director, based on the Standards of Review contained in Section 10.01.02 of the LDC, has authorized administrative relief to reduce the required 30 off-street parking spaces to 27 off-street parking spaces based upon the documentation submitted by the applicant. 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. 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. April 16, 2018 PDS Order 18-020 MNSP-920175193 Page 1 of 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. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida. (---Aeo- Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the proposed Minor Site Plan to be known as Burger King — Kitterman Road is hereby approved as shown on the site plan drawings, attached as Exhibit A, for the project prepared by Civil Consulting Engineers, Inc., revised through April 9, 2018 and date stamped received by the St. Lucie County Planning and Development Services Division on April 10, 2018, u feet to e of owing con i ions" 1)"to issuance of a building permit, the property owner records a unity of title, or parcel combination, for the three (3) parcels contributing to the site development area; 2) The property owner, prior to the issuance of the certificate of occupancy for the proposed project, the developer, his successors or assigns, shall convey to St. Lucie County, in a manner or form acceptable to the St. Lucie County Attorney, the following right-of-way: a) 953.37 square feet of additional right-of-way for the expansion of Kitterman Road along the South property line of the subject property. b) 1,235.54 square feet of additional northeast corner of US Hwy 1 and property line of the subject property. right-of-way for the expansion of the Kitterman Road along the Southwest c) Approximately five (5) feet of additional right-of-way for the expansion of Hardee Road along the North property line of the subject property. To the extent permitted under the County's Code and Complied Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 3) Prior to issuance of a certificate of occupancy, all Florida Exotic Pest Plant Council (FLEPPC) Category I listed plants shall be removed, specifically, Cupaniopsis anacardioides (carrotwood tree) along the perimeter of the most eastern driveway. 4) 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 April 16, 2018 PDS Order 18-020 MNSP-920175193 Page 2 of 5 a state or federal agency or undertakes actions that result in a violation of state or federal law. C� 5) No clearing or other site work shall commence until after constructible engineering plans have been approved by the County Engineer and all county environmental permits have been issued by Environmental Resources Department pursuant to Section 11.02.08(A)(7) of the St. Lucie County Land Development Code. As of this date of issuance of this Development Order, no constructible site development plans have been submitted for review. No work shall commence after the issuance of environmental permits by county, or of any other permits by any other agency, until the County Engineer has approved the constructible site plans. 6) Pursuant to Section 11.02.08(A)(6) of the St. Lucie County Land Development Code, no work shall commence on the site until all regulatory permits required from Federal, State, and regional agencies and special districts have been issued. The Florida Department of Environmental Protection, National Pollutant Discharge and Elimination System compliance notice must be submitted to the County Engineer with the constructible site plan at the time of building permit application or during permit review or no paving, grading, and drainage permit and no building permit shall be issued. All National Pollutant Discharge and Elimination System Best Management Practices shall be instituted on the site prior to site clearing and maintained daily. Stormwater ponds shall be roughed in at the same time the site is cleared of groundcover. 7) The Code Compliance Manager shall receive a copy of this Development Order and the site plan it approves and shall not approve any building permits that do not implement or are not consistent with this Development Order and the plans hereby approved. B. The property on which this Minor Site Plan approval is being granted is described as follows: LEGAL DESCRIPTION Lots 11, 12, and 13, White City Gardens, an unrecorded subdivision located in Section 15, Township 36 South, Range 40 East, as shown on map or plat thereof attached to warranty deed recorded in Deed Book 187, Pages 408 through 410, of the Public Records of St. Lucie County, Florida, Being a subdivision of lots 9 and 10, Block 1, Model Land Company Subdivision, according to the plat thereof as recorded in Plat Book 1, Page 41, of the Public Records of St. Lucie County, Florida, less and except road right-of-way. Parcel Number(s): 3415-502-0011-000-4. 3415-502-0014-000-5, & 3415-502-0015-000-2 Location: 6598 S. US Highway 1 April 16, 2018 PDS Order 18-020 MNSP-920175193 Page 3 of 5 C. The approvals granted by this administrative order shall expire on April 10, 2020, unless a building permit is issued 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, including any successors in interest, the developer shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and 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 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. E. 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 Planning and Development Services Director and mailed to the developer and agent of record as identified on the site plan applications. F. 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. G. The Site Plan, attached as Exhibit A, shall be valid for the same period as this order. H. The Certificate of Capacity, attached as Exhibit B, 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. April 16, 2018 PDS Order 18-020 MNSP-920175193 Page 4 of 5 ORDER effective this 16th Day of April 2018. PLANNING AND DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA m Leslie Olson, AICP APPROVED AS TO CORRECTNESS WA April 16, 2018 MNSP-920175193 County Attorney FORM AND PDS Order 18-020 Page 5 of 5