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RESOLUTION 01-002
FILE NO..' CU-00-010 and MNSP-00-025
A RESOLUTION GRANTING A CONDITIONAL
USE PERMIT AND MINOR SITE PLAN
APPROVAL FOR A 3,192 SQUARE FOOT
CONVENIENCE STORE WITH FIVE GASOLINE
PUMPS AND AN AUTOMATIC CAR WASH TO
BE KNOWN AS HESS STATION - TURNPIKE
FEEDER ROAD IN THE CN (COMMERCIAL,
NEIGHBORHOOD) ZONING DISTRICT FOR
PROPERTY LOCATED IN ST. LUCIE COUNTY,
FLORID/%
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:
CONDITIONAL USE PERMIT
MBTB, Inc., presented a petition for a Conditional Use Permit to construct a 3,192
square foot convenience store with five gasoline pumps and an automatic car wash,
to be known as Hess Station - Turnpike Feeder Road, in the CN (Commercial,
Neighborhood) Zoning District for the property described in Part B.
On December 13, 2000, the St. Lucie County Planning and Zoning Commission held
a public hearing on the petition, after publishing notice at least 10 days pdor to the
hearing and notifying by mail all owners of property within 500 feet of the subject
property, and recommended that the Board of County Commissioners approve the
hereinafter described request for a Conditional Use Permit in CN (Commercial,
Neighborhood) Zoning for the property described in Part B.
On January 9, 2001, this Board held a public hearing on the petition, after publishing
a notice of such hearing and notifying by mail ail owners of property within 500 feet
of the subject property.
The proposed Conditional Use is consistent with the goals, objectives, and policies
of the St. Lucie County Comprehensive Plan and has satisfied the requirements of
Section 11.07.03 of the St. Lucie County Land Development Code.
File No.: CU-00-010\MNSP-00-025
January 2, 2001
Resolution 01-002
Page I
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The proposed 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.
St. Lucie County Utilities will provide water and sewer services to the proposed
project.
A Certificate of Capacity, a copy of which is attached to this resolution, was granted
by the Community Development Director on January 9, 2001.
Section 11.07.05(B) of the St. Lucie County Land Development Code requires that
all applications for Conditional Use Permit include a full site plan if the proposed use
or development meets the submission requirements of Section 11.02.02 of the Land
Development Code.
SITE PLAN
10.
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MBTB, Inc., presented a petition for a Site Plan approval to construct a 3,192 square
foot convenience store with five gasoline pumps and an automatic carwash, to be
known as Hess - Turnpike Feeder Road, in the CN (Commercial, Neighborhood)
Zoning District for the property described in Part B.
The Development Review Committee has reviewed the petition for a Minor Site Plan
approval and found it to meet all technical requirements of the Land Development
Code and to be consistent with the future land use maps of the St. Lucie County
Comprehensive Plan, subject to the conditions set forth in Part D of this Resolution.
The proposed project is consistent with the general purpose, goals, objectives and
standards of the St. Lucie County Comprehensive Plan, the St. Lucie County Land
Development Code and the Code of Ordinances of St. Lucie County.
The proposed 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 vicinity through building design, site design,
landscaping and screening.
The proposed project will be constructed, arranged and operated so as not to
interfere with the development and use of neighboring property, in accordance with
applicable district regulations.
St. Lucie County Utilities will provide water and sewer service to the proposed
project.
File No.: CU-00-010\MNSP-00-025 Resolution 01-002
January 2, 2001 Page 2
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16,
A Certificate of Capacity, a copy of which is attached to this resolution, was granted
by the Community Development Director on January 9, 2001.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
CONDITIONAL USE PERMIT
Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
Conditional Use Permit for MBTB, Inc. to allow a 3,192 square foot convenience
store with five gasoline pumps and an automatic carwash, to be known as Hess -
Turnpike Feeder Road, in CN (Commercial, Neighborhood) Zoning and as depicted
on the site plan drawings described in Part D, is hereby granted for the property
described in Part B, subject to the conditions described in Part D.
The property on which this Conditional Use Permit is being granted is described as
follows:
Lots I thru 5, Block 178, of Lakewood Park Unit 12A; according to the Plat thereof, as
recorded in Plat Book 11, Page 37 of the Public Records of St. Lucie County, Florida.
(Location: Northeast corner of the intersection of Miramar Avenue and Turnpike
Feeder Road)
A copy of this Resolution shall be attached to the site plan drawings described in
Part D, which plan shall be placed on file with the St. Lucie County Community
Development Director.
SITE PLAN
Pursuant to Section 11.02.09 and Section 11.07.05(B) of the St. Lucie County Land
Development Code, the Minor Site Plan for the project to be known as Hess Station
- Turnpike Feeder Road be, and the same is hereby, approved as shown on the
site plan drawings for the project prepared by Thomas Lucido & Associates, dated
October 27, 2000 and last revised on December 2, 2000 and date stamped received
by the St. Lucie County Community Development Director on December 4, 2000,
subject to the following conditions:
Prior to the issuance of any Certificate of Occupancy for the proposed
structure or buildings on this site, all exotic vegetation found on the site shall
be removed.
The property on which this site plan approval is being granted is described in Part B
Resolution.
ofthis
File No.: CU-00-010\MNSP-00-025 Resolution 01-002
January 2, 2001 Page 3
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k
The approvals and authorizations granted bythis Resolution are for the purpose of obtaining
building permits on this property and shall expire on January 9, 2002, unless the developer
has obtained a building permit approval for the first phase of the site plan described in Part
D or an extension has been granted in accordance with Section 11.07.05(F) of the St. Lucie
County Land Development Code.
The Conditional Use Permit and Minor Site Plan approval granted under this Resolution is
specifically conditioned to the requirement that the petitioner, MBTB, Inc., including any
successors in interest, shall obtain all necessary development permits and construction
authorizations from the appropriate State and Federal regulatory authorities, including but
not limited to: the United States Army Corps of Engineers, the Florida Department of
Environmental Protection, and the South Florida Water Management District, prior to the
issuance of any local building permits of authorizations to commence development activities
on the property described in Part B of this Resolution.
The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid
for the period of Conditional Use/Site Plan approval. Should the Conditional Use/Site Plan
approval granted by this Resolution expire or an extension be sought pursuant to Section
11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity
shall be required.
The conditions set forth in Part D are an integral nonseverable part of the site plan approval
granted by this Resolution. If any condition set forth in Section D is determined to be invalid
or unenfomeable 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.
A copy of this resolution shall be attached to the site plan drawings described in Part D,
which plan shall be placed on file with the St. Lucie County Community Development
Director. Further, the Community Development Director is hereby authorized and directed to
cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie
County, Florida, and to make notation of reference to the date of adoption of this Resolution.
After motion and second, the vote on this resolution was as follows:
Chairman Frannie Hutchinson
AYE
Vice-Chairman Doug Coward
AYE
Commissioner John Bruhn
AYE
Commissioner Paula Lewis
AYE
Commissioner Cliff Barnes
AYE
File No.: CU-00-010\MNSP-00-025 Resolution 01-002
January 2, 2001 Page 4
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ATTEST:
PASSED AND DULY ADOPTED This 9th Day of January 2001.
~'~ BOARD
ST. LUCIE
APPROVED AS
AND CORRECTNESS:
Coun~
H:lWPIOonditional Uses/Hess Tunpike Feeder Road/Agendas/Resolution.doc
File No.: CU-00-010\MNSP-00-025 Resolution 01-002
January 2, 2001 Page 5
St Lucie County
Certificate of Capacity
Date 1/10/2001 Certificate No. 376
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 CONDITIONAL USE & MINOR SITE PLAN
Number of units 0 Number of square feet 3192
2. Property legal description & Tax ID no.
1301-615 -0197-000/2, 0198 -000/9, 0200-000/7
N E COILNER MIRAMAR AVE & TURNPIKE FEEDER RD
HESS
3. Approval: Buildin9 Resolution No. 01-002 Letter 01/10/01
4. Subject to the following conditions for concurrency:
THE CONSTRUCTION OF A 3192 SF CONVENIENCE STORE, 5 GASOLINE PUMPS AND AN
AUTOMATIC CAR WASH
Owner's name
IvlR STUART KALMANOWITZ
Address
3521 NW 61ST CIRCLE
BOCA RATON FL 33496
6. Certificate Expiration Date 1/9/2002
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
development or.~r~s) issue,~j~, the~lame? property, use and size as described herein.
Signed _~ Date: 5/31/2001
Community Development Director
St Lucie County, Florida
Thursday, May 31, 2001 Page 1 of 1