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Home My WebLink About21-415 AOFNg Am-n 000*-m °xnCz mom Ot8fm mc RESOLUTION 2021 -415 ot or °3 Fom.A File Numbers: RZ-8202126117 A 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF o ST. LUCIE COUNTY FOR A REZONING TO PLANNED NON- RESIDENTIAL DEVELOPMENT (PNRD) FROM THE CN, COMMERICAL NEIGHBORHOOD ZONING DISTRICT & PRELIMINARY SITE PLAN to FOR A RETAIL CONVENIENCE STORE WITH ALCOHOL SALES AND ° OUTDOOR SEATING, INCLUDING FUELING STATIONS AND CANOPY AND ASSOCIATED SITE IMPROVEMENTS; WITHIN THE WAWA MIDWAY & SELVITZ PNRD, IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, basea upon acceptable evidence, including but not limited to the staff report, has made the following determinations: ZONING ATLAS AMENDMENT 1) Engineering Design & Construction, Inc., on behalf of WaWa Florida, LLC, presented a petition for an Amendment to the Official Zoning Atlas from CN (Commercial Neighborhood) to PNRD (Planned Non-Residential District), located at TBD — Selvitz Road, northwest corner of Midway Road and Selvitz Road for certain property in St. Lucie County, Florida, as depicted on the attached map as Exhibit "A" and described in Part "A" below. 2) On November 18, 2021, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard and recommended that the Board of County Commissioners approve the request for the property described in Part "A". 3) On December 7, 2021, the Board of County Commissioners held a public hearing on this petition after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard. December 7. 2021 Resolution No. 2021-415 Page 1 File No: RZ-8202126117 4) The St. Lucie County Development Review Committee has reviewed the Rezone Petition and found it to meet the technical requirements and to be consistent with the St. Lucie County Comprehensive Plan. • 5) 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 PNRD SITE PLAN 6) Engineering Design & Construction, Inc., on behalf of WaWa Florida, LLC submitted a Preliminary PNRD (Planned Non-Residential Development) Site Plan for a retail convenience store with alcohol sales and outdoor seating, including fueling station and canopy, to be known as the WaWa Midway & Selvitz PNRD, for the property depicted in the attached map as Exhibit "A" '. and described in Part "A" below. 7) On November 18, 2021, the St. Lucie County Planning and Zoning Commission held the public hearing on the petition after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard and recommended that the Board of County Commissioners approve the request for the property described in !� Part "A". 8) On December 7, 2021, the Board of County Commissioners held a public hearing on this petition after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard. 9) The St. Lucie County Development Review Committee has reviewed the Preliminary PUD Site Plan for the project and found it to meet the technical requirements and to be consistent with the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part "C" of this Resolution. 10) The proposed project, with conditions of approval, 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. December 7, 2021 Resolution No. 2021-415 Page 2 File No: RZ-8202126117 11) 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. 12) 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. 13) The proposed project will be served by the Fort Pierce Utilities Authority for • • water and wastewater services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: • ZONING ATLAS AMENDMENT A. The property on which the Zoning Atlas Amendment, or change in zoning, from CN (Commercial Neighborhood) to PNRD (Planned Non-Residential District) is being granted is described as follows: Legal Description: LOT 15, LESS THE NORTH 750 FEET AND LESS MIDWAY ROAD RIGHT OF WAY; LOT 16, LESS THE NORTH 750 FEET AND LESS MIDWAY ROAD AND SELVITZ ROAD RIGHT OF WAYS; AND LESS THAT PORTION OF LOT 16 CONVEYED TO ST. LUCIE COUNTY BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 3589, PAGE 913; IN THE NE1/4 OF SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, OF MODEL LAND COMPANY'S SUBDIVISION, AS RECORDED IN PLAT BOOK 4, PAGE 34, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. ALL CONTAINING 5,99 ACRES, MORE OR LESS. Parcel ID Numbers: 3406-501-0030-000-2 B. The St. Lucie County Planning and Development Services Director shall be authorized to amend the Official Zoning Map to change the zoning of the property herein described, from CN (Commercial Neighborhood) to PNRD (Planned Non-Residential District) and to make notation of the reference to the date of adoption of this Resolution. PRELIMINARY PNRD SITE PLAN December 7, 2021 Resolution No. 2021-415 Page 3 File No: RZ-8202126117 C. Pursuant to 11.02.05(B) of the St. Lucie County Land Development Code, the PNRD (Planned Non-Residential Development) Preliminary Site Plan for the project known as the Wawa Midway & Selvitz PNRD is hereby approved, for the subject property described in Part "A" above, as shown on the preliminary site plan drawings for the project, prepared by Engineering Design & Construction, Inc. July 27, 2021, and date stamped received by the St. Lucie County Planning & Development Services Department on October 11, 2021, as attached and incorporated herein as Exhibit "C", and subject to the following condition: 1. Access as shown is conceptual only and not approved with this application. Any proposed access beyond the side property line will require cross access easements with adjacent property owners prior to final approval of the site plan. 2. The applicant shall install twenty (20) oak trees with an increased diameter at breast height (DBH) measurement of 6" — 8" DBH every thirty (30) linear feet. These trees shall be divided evenly within the landscape buffers along Midway Road and Selvitz Road, as specified by the Board of County Commissioners. 3. The applicant shall consider installing the perimeter lighting fixtures to be consistent with the Midway Road corridor streetscape lighting, based on availability. D The Preliminary PNRD Site Plan approval granted by this Resolution shall expire on December 7, 2023 unless an approved minor site plan is obtained, or an extension is granted in accordance with Section 11.02.06(B)(3) of the Land Development Code. E. The developer is advised as part of this approval that the property owner(s), developer, etc., including any successors in interest, 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, Florida Department of Transportation, South Florida Water Management District, and the St. Lucie County Environmental Resources, Public Works, and Building Departments prior to the commencement of any development activities on the property described in Part "A". Issuance of this authorization or 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 December 7, 2021 Resolution No. 2021-415 Page 4 File No: RZ-8202126117 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. F. The conditions set forth in Part "C" are an integral non-severable part of the preliminary site plan approval granted by this Resolution. If any condition set forth in Part "C" 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 Resolution shall become null and void. G. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B" was signed by the applicant on December 16, 2021. H. A copy of this Resolution shall be mailed to the owner of record as identified on the application. I. This Resolution shall be recorded in the Public Records. J. ADOPTION After motion and second, the vote on this Resolution was as follows: Sean Mitchell, Chair AYE Frannie Hutchinson, Vice Chair AYE Chris Dzadovsky, Chair AYE Linda Bartz, Commissioner NOT PRESENT Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 7TH day of December 2021. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 7)/i6e.e4C-OCK. BY: CHAIR December 7, 2021 Resolution No. 2021-415 Page 5 File No: RZ-8202126117 ATTEST: APPROVED AS TO FORM AND CORRECTNESS: • 1 P. • BY: 1 DEPUTY CLERK: '0YJx CQy,�� COUNTY AT ,ORNEY o z • n - • y • . mac` ►' ; cNyrY,, FLOW' P. EXHIBIT "A" December 7, 2021 Resolution No. 2021-415 Page 6 File No: RZ-8202126117 (LOCATION MAP) Wawa- Midway & Selvitz RZ-8202126117 Location -40 t. rt N ,, EXHIBIT "B" (CERTIFICATE OF CAPACITY DEFERRAL) December 7, 2021 Resolution No. 2021-415 Page 7 File No: RZ-8202126117 St.Lucie fount) Connerrrory Deferral.Aflidesit I, Bradley J_CurrelAth.Aotn0_,reaidtng ar diinp business at 10250 SW V1Ripa Piney,Ste 20j Vrme starer Pal St.Lldt . Ft 34047 772-462.2455 City Soar /V Phan have applied for a RSZ flS Appleabm b PNRD horn St.Lucie County.Ronda, Two o(Pnrin{nnrnt r le r for the following project Wawa•Eti2say fl SN+tti OMB • Num id Pr mmd noaiupraese I do hereby affirm that in connection with my application for the above project.I have elected to de(et the certificate of capacity and reservation of capacity in public facilities for the above property until a later time,but no later than the applicatxtn for A final development order for the tame property. I understand and acknrssledge that the shove listed property•c III he subject to the exrtificate of capacity before any final development order can he tinned,and that St Lucie County can make no gtatantec that adequate public facilities will he available when I apply for the final development of den. I litrther acknowledge that according to Section 5.O8.01 of the St [.ucic County land Development ('ode, no final development approval can be panted until capacity us those facilities is available at that time The Issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject propene. Signed: / t11 Date December 16,2021 A,l::t rot STATE OP FLORIDA coupe Y or, SI.Labe The ovations in.rnr•uaa sun arinrwl li.d hear me dm leP1 day,d Deborah's .10_21,ter_ Briilie 4,Writ ►+m wtar r►l soot kwon e wim lus produced a.aoltonlisvn y? 1 Patonf1 Seats ei of Notary Twpe or Prat Now at Notary I$100e094 C.wana tiva Nuntaer ,9ed; ,:r.t a.era w ror •t..s as Nur I oil Navi.ad AprilI Inm EXHIBIT "C" (PRELIMINARY PNRD SITE PLAN) December 7, 2021 Resolution No. 2021-415 Page 8 File No: RZ-8202126117 t 11 ...a...�. 1100111 V.. ......e .,o ;r.N I ==_----'-- Ilt -u-Ti--�tl/YF +T —Z- v�ww s—-o• ,o r_ - I a•,�, , I', I III .na..00— I •sa Waite . I wortw Waite 4 _ 1 �..e '' �. v. • I` —111 . 11111. . .111P 4.4 II N I I _r»......� ' I II- . 1 fEno. II WOMB : ` • ` : I P ° , 1 3 1 16 • ;��_ i 1 IIIIIIIMiiiiMily31111j11111 5 K ,. ! 1 «... i.I • I ..d....� �� ■ ■ ■■ ■al 1IL; I i� al I01 I NM i NO I I ..a. v: , .. . 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