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Home My WebLink AboutPDS-22-048 - Wawa Midway & Selvitz PNRDPDS ORDER 2022-048 File Number: MNSP-2202226293 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR SITE PLAN FOR THE PROJECT KNOWN AS WAWA MIDWAY & SELVITZ PNRD, FOR PROPERTY LOCATED AT 4955 SELVITZ ROAD IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan for Wawa at Midway Road & Selvitz Road, reviewed the comments from the Development Review Committee, and has made the following determinations: Engineering Design & Construction, Inc., applied for a Minor Site Plan, on behalf of WaWa Florida, LLC., for approval to construct a 5,280 sq. ft. convenience store and cafe, 903 sq. ft. outdoor seating area, a 7,370 sq. ft. canopy over fueling areas, and associated site improvements, including beer & wine sales (accessory use to retail food sales) for a project known as Wawa at Midway Road and Selvitz Road. The subject property is located on the northwest corner of Midway Road and Selvitz Road, as more particularly described in Part "B" below, and depicted in Exhibit "A", and is located within the PNRD (Planned Non- residential Development) Zoning District. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet the standards of review as set forth in Section 11.02.07 of the St. Lucie County Land Development Code 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. On December 7, 2021, the Board of County Commissioners approved Resolution 2021- 415 which granted a PNRD (Planned Non -Residential Development) Rezoning and Preliminary Site Plan for a retail convenience store with alcohol sales and outdoor seating, including fueling station and canopy, and a future commercial parcel. 4. Planning staff performed a detailed analysis of the project and found it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis can be found in the Planning and Development Services Department memorandum WaWa Midway & Selvitz PNRD Final (Minor) Site Plan, dated November 22, 2022. 5. The proposed Minor Site Plan will not have an undue adverse effect on adjacent properties, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 6. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through tower design, site design, landscaping, and screening. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Site Plan MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY Page 1 FILE# 512825912l02/202202:31:1GPM PDS No. 2022-048 OR BOOK 4922 PAGE 467 - 471 Doc Type: ORD File No.: MNSP-6201925545 RECORDING: $44.00 is hereby approved as shown on the drawing prepared by EDC, Inc., dated April 5, 2022 and date stamped by the Planning & Development Services Department on September 14, 2022 for the property described in Part "B" below, subject to the following conditions: Environmental Resources Department: 1) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide the required $298,800.00 fee -in -lieu of tree mitigation requirements as detailed within the approved tree mitigation plan. 2) Prior to issuance of a vegetation removal permit, a 100 percent survey per Florida Fish and Wildlife Conservation Commission (FWC) protocol for gopher tortoises shall be provided. If any construction activities are proposed within 25 ft. of any gopher tortoise burrows, a relocation permit shall also be provided in accordance with FWCC requirements. 3) Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site. Planning & Development Services Department: 4) Prior to issuance of a Certificate of Occupancy, the applicant shall demonstrate Prior to issuance of a Certificate of Occupancy, the project shall incorporate required foundational plantings through raised flower boxes or similar between the south and east building facades and adjacent parking. 5) Prior to issuance of a Certificate of Occupancy, a photometrics survey shall be secured to demonstrate no spillover is caused to adjacent residential property, to the north. 6) Future subdivision shall require a Plat, to be approved by the Board of County Commissioners, in accordance with LDC Section 11.03.01. The plat shall incorporate a vehicular cross access easement for vehicular access. B. The property on which this Minor Site Plan for WaWa LLC. is being granted is described as follows: 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. CONTAINING 5.99 ACRES, MORE OR LESS. Parcel ID No: 3406-501-0030-000-2 Parcel Address: 4955 Selvitz Road, Fort Pierce, FL 34981 C. This administrative order shall expire after twenty-four (24) months from the effective date 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, including any successors in interest, is advised as part of this Minor Site Plan, the developer shall obtain all applicable development permits and construction authorizations from the appropriate state, federal, and local regulatory agencies including, but not limited to, Page 2 PDS No. 2022-048 File No.: MNSP-6201925545 the United States Army Corps of Engineers, the Florida Department of Environmental Protection, South Florida Water Management District, 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 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. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part "A" above, all such appeals must be filled in writing with the County Administrator within thirty (30) days of the rendering of this Order, as described in Section 11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. F. A copy of this Order shall be attached to the site plan drawings, which shall be placed on file with the St. Lucie County Planning and Development Services Department and copies provided to the developer and agent of record as identified on the site plan application. G. The conditions set forth in Part "A" are an integral non -severable 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. 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. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the-' , y `4 day of t�,ILTf e.v" CA,- , 2022. PLANNING AND DEVELOP ENT SERVICES ST. LUC E COUNTY, FLO IDA BY Mayt6 Santama ia, Directo APPROV D AS TO F M AND CO RJEQZNF_. County Attorney Page 3 PDS No. 2022-048 File No.: MNSP-6201925545 EXHIBIT "A" (Approved Site Plan) it '111NRIOIE f _ )RI)RIV SELVIUROAD 3 6-- If IT1 111 , 11111', I Jill 1 T I ILI I 1111 T .7 WAWA. 11ADWAY & SELVITZ . *1 ZZ SME PLAN SLCPROTECT N MKW-= Page 4 PDS No. 2022-048 File No.: MNSP-6201925545 EXHIBIT "B" (Certificate of Capacity) St Lucie County Certificate of Capacity Date 112a1; 202.E Certificate No, 3208 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 Countv ComDrehensive Plan for: 1. Tvpeofdevelopment NSnar(Final�Site Pian N umber of units 0 N umber of square feet 13.5553 2. Property legal description & Tax ID no. 3406-101-0030-OW-2 4955 SelyltzRo", Fort2ierce. FL 34981 WaNva Midway & S eh-itz 3. ADDroval: Buildina Resolution No. 2D211415 Letter 11.2022 4. Subject to the following conditions for concurrency: Owner's name kremsez Fazt0v LL? North Address 3 845 SE General Lee Terrace Stuart FL. 34997 6. Certificate Expiration Date 11.22/2024 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. Theexpiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issu for the same property, use and size as described herein. Sued ate: M'21+2022 Planning and Develop nt Services Director St Lucie County, Florida Tuesday, November 22, 2022 Page 5 PDS No. 2022-048 File No.: MNSP-6201925545