Legislation Details

File #: 25-0312   
Type: Public Hearing Quasi Judicial Status: Passed
In control: Board of County Commissioners
On agenda: 12/10/2024 Final action: 12/10/2024
Title: PUBLIC HEARING TO REQUEST APPROVAL OF THE MAJOR FINAL SITE PLAN FOR WAWA - KANNER & LOCKS (F113-005)
Attachments: 1. 2024_1119_F113-005_Staff_Report_Final.pdf, 2. 2024_1210_F113-005_Resolution to Approve.pdf, 3. 2024_1115_F113-005_Exhibit A Legal Description.pdf, 4. 2024_1113_F113-005_Exhibit B Final Site Plan.pdf, 5. 2024_1119_F113-005_Elevations.pdf, 6. 2024_1115_F113-005_Landscape Plans.pdf, 7. 2024_1210_F113-005_Resolution Right-of-Way & Easement.pdf, 8. 2024_1115_F113-005_Executed Right-of-Way Deed.pdf, 9. 2024_1115_F113-005_Executed Drainage Easement.pdf, 10. 2024_1113_F113-005_Application Materials.pdf, 11. 2024_1115_F113-005_Disclosure of Interest Affidavit.pdf, 12. 2024_1118_F113-005_Sample Letter to Surrounding Property Owners.pdf, 13. 2024_1115_F113-005_Surround Property Owners Certification.pdf, 14. 2024_1113_F113-005_Sign Posting Affidavit.pdf, 15. 2024_1118_F113-005_Public Comments.pdf, 16. 2024_1120_F113-005_Legal Ad Tearsheet.pdf, 17. 2024_1210_F113-005_Resolution to Deny.pdf, 18. Staff Presentation

PLACEMENT: Public Hearings - Quasi-Judicial

TITLE:

title  

PUBLIC HEARING TO REQUEST APPROVAL OF THE MAJOR FINAL SITE PLAN FOR WAWA - KANNER & LOCKS (F113-005)

end

EXECUTIVE SUMMARY:

executive summary

This is a request by Engineering Design & Construction, Inc., on behalf of Kanner Investment Partners, LLC, for approval of a major final site plan to construct an approximately 5,537-square-foot convenience store including 12 fueling stations and associated infrastructure. The subject site consists of an approximately 2.29-acre undeveloped parcel located at the southwest corner of SW Locks Road and SW Kanner Highway, in Stuart. Included is a request for a Certificate of Public Facilities Reservation.

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DEPARTMENT: Growth Management                     

PREPARED BY:                      Name: John Sinnott                     

                     Title:                     Senior Planner                     

REQUESTED BY: Engineering Design & Construction, Inc., Bradley Currie and David Baggett, P.E.                                          

 

PRESET:     

PROCEDURES: Quasi-Judicial                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

The applicant is requesting major final site plan approval to construct an approximately 5,537-square-foot convenience store including 12 fueling stations and associated infrastructure. The subject site is approximately 2.29 acres and is currently undeveloped. No native upland habitat or wetlands are present on site. The subject site is located at the southwest corner of SW Locks Road and SW Kanner Highway, approximately 0.7 miles southwest of the I-95 interchange, in Stuart. The project is located inside the Primary Urban Services District with water and wastewater services available from Martin County Utilities.

 

The proposed use is classified as vehicular service and maintenance. This use is permitted in the existing General Commercial zoning district and General Commercial future land use designation. Vehicular service and maintenance uses, including gas stations, are classified as major developments pursuant to Martin County Land Development Regulations, Table 10.2.C.1, note (k).

 

Ingress/egress will be provided from SW Locks Road and from SW Kanner Highway. Ingress from SW Locks Road will be right turn only with a new turn lane proposed. Left and right turns into the site from SW Kanner Highway will be accommodated with new turn lanes. Egress onto SW Kanner Highway will be right turn out only.

 

The applicant is proposing alternative compliance from certain provisions within Martin County Land Development Regulations, Article 4, Division 20, Commercial, Multifamily, and Industrial design. The decision-maker for a particular development application, as determined by Article 10, Development Review Procedures, may approve a design plan that varies from the standards set forth in Division 20 in order to accommodate unique site features or to provide a more innovative design, provided that the decision-maker finds that the alternative plan generally fulfills the purpose and intent as set forth in Section 4.871. The requested alternative compliance consists of relief from building massing requirements on the right (north) façade and from transparency/fenestration requirements on the right (north) façade and rear (west) façade. Mitigation efforts include faux decorative windows along these façades.

 

As a condition of approval of the Wawa - Kanner & Locks Major Final Site Plan, Richard Rastrelli and Kathy L. Rastrelli (“Rastrelli’s”), husband and wife, have granted Martin County a 10’ Drainage Easement and provided a Warranty Deed for dedicated right-of-way (“ROW”) along the south side of SW Locks Road to SW Kanner Highway in Stuart.

 

The Rastrelli’s have provided the required due diligence materials. Real Property has confirmed ownership.  There are no mortgages encumbering the ROW dedication and easement premises. 

 

Section 139.31 and 139.32, General Ordinances, Martin County Code require that any conveyance of an interest in land to Martin County for any public purpose shall be accepted and approved by Resolution from the Board of County Commissioners of Martin County and pursuant to Section 336.08, Florida Statutes, the Board may designate the right-of-way property as a public County road.

 

This item has been scheduled for consideration by the Local Planning Agency on December 5, 2024, and the recommendation will be provided to the Board of County Commissioners.

 

The following supporting documents are attached:

                     Staff Report

                     Resolution to Approve Final Site Plan

                     Exhibit A Legal Description

                     Exhibit B Final Site Plan

                     Architectural Elevations

                     Landscape Plans

                     Resolution to Accept Right-of-Way and Drainage Easement

                     Executed Right-of-Way Deed

Executed Drainage Easement

Application Materials

                     Disclosure of Interest Affidavit

                     Legal Ad Tearsheet

Sample Letter to Surrounding Property Owners

Surrounding Property Owners Certification

Sign Posting Affidavit

Public Comments

Resolution to Deny Final Site Plan

                     Staff Presentation

 

ISSUES:

 

None

 

LEGAL SUFFICIENCY REVIEW:

 

Because this request involves the application of a policy to a specific application and site, it is a quasi - judicial decision. Quasi-judicial proceedings must be conducted with more formality than a legislative proceeding. In quasi-judicial proceedings, parties are entitled - as a matter of due process - to cross- examine witnesses, present evidence, demand that witnesses testify under oath, and demand a decision based on a correct application of the law and competent substantial evidence in the record.

 

RECOMMENDED ACTION:

 

RECOMMENDATION

1.                     Move that the Board receive and file the agenda item and its attachments including the staff report as Exhibit 1.

2.                     Move that the Board adopt the Resolution approving the Major Final Site Plan for Wawa - Kanner & Locks.

3.                     Move that the Board adopt a Resolution approving and accepting the 10’ Drainage Easement and the Warranty Deed for dedicated right-of-way along SW Locks Road to SW Kanner Highway from Richard Rastrelli and Kathy L. Rastrelli, husband and wife, as a condition of approval of the Wawa - Kanner & Locks Major Final Site Plan and authorize the Chair to sign all documents necessary to complete the transaction.

 

ALTERNATIVE RECOMMENDATIONS

Direct staff accordingly.

 

FISCAL IMPACT:

 

RECOMMENDATION

The applicant has paid the $9,127.00 application fee and the $290.00 completeness fee.

                     

ALTERNATIVE RECOMMENDATIONS

None

 

DOCUMENT(S) REQUIRING ACTION:

☐Budget Transfer / Amendment                     ☐ Chair Letter                                                               ☐Contract / Agreement

☐Grant / Application                                          ☐Notice          ☐Ordinance                     ☒Resolution

☒Other: 2 Resolutions      

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