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.
body
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
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.