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HomeMy WebLinkAbout26-015 .Z10TNT+ PDS ORDER 2026-015 scornooZx �xcNcr File No. CU-2601-000097 P m o; AN ORDER GRANTING A MINOR ADJUSTMENT TO A m { o -s CONDITIONAL USE PERMIT FOR S&D FOOD MARKET FOR A N� :1R A PROPERTY LOCATED AT 2233 N 25T" STREET, FORT PIERCE, s FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has o reviewed the application for a Minor Adjustment to a Conditional Use Permit for a change o in the business name and ownership submitted by the applicant, Fuad Said, and the comments made by the St. Lucie County Development Review Committee on this -' application and has made the following determinations: 1. The applicant, Fuad Said, filed an application for a Minor Adjustment to the Conditional Use Permit for the accessory sale of packaged beer and wine at the existing gas station and convenience store. The site is located at 2233 N 25th Street, Fort Pierce, FL, within the CN (Commercial, Neighborhood) Zoning District, as legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. The original structure was built in 1968 and later classified in the CN, (Commercial Neighborhood) Zoning District under LDC Section 3.01.03.Q.7.d.1 Convenience Stores under SIC-5411. Additionally, this retail store continue will sell packaged beer and wine, as classified under LDC Section 3.01.03.Q.7.d.2 unstilled alcoholic beverages accessory to retail of food under SIC-5921. 3. On April 1, 2025, an application for Haris Market, LLC. was approved for a Minor Adjustment to the existing Conditional Use Permit for the sale of undistilled alcohol at this location. This permit was not acted upon, and it was allowed to expire. 4. The St. Lucie County Development Review Committee has reviewed the proposed Minor Adjustment to the Conditional Use Permit and found it to meet the technical requirements of the St. Lucie County Land Development Code, and consistent with the St. Lucie County Comprehensive Plan, and has satisfied the standards of review set forth in Sections 11.07.03 and 11.07.05 E.2.a. 5. Planning Staff has performed a detailed analysis of the project and determined it to be consistent with Sections 11.07.03 Standards for Review of Conditional Use Permits and 11.07.05 E.2. (Minor Adjustment Criteria) of the St. Lucie County Land Development Code. The analysis is found in the memorandum titled, "S&D Food Market—Minor Adjustment to Conditional Use (CU-2601-000097)"dated March 11, 2026. 6. The continuance of this existing use 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 Page 1 PDS No. 2026-015 File No.: CU-2601-000097 welfare. 7. 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. 8. The project will adhere to the Conditions of Approval herein arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 9. A Certificate of Capacity Exemption has been issued for this development, a copy of which is attached to this order in Exhibit "B", as required under Chapter 5, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDERED BY THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR: A. Pursuant to Sections 11.07.03 and 11.07.05 E.2.a. of the St. Lucie County Land Development Code, the proposed Minor Adjustment to acknowledge the new ownership and name change to be known as S&D Food Market is hereby approved by the St. Lucie County Planning & Development Services Director, date stamped received by the Planning Division on February 17, 2026, for the property described in Part"B", subject to the following conditions, in addition to the conditions contained in Resolution 2025-103: Planning & Development Services Department - Planning Division 1 . Operations and use activities shall comply with the St. Lucie County Land Development Code. 2. Within 30 days of Conditional Use Adjustment approval, the applicant shall provide striping to indicate the loading zone on property. 3. file a new Zoning Compliance Certificate application. (Completed) Environmental Resources Department 4. Within 30 days of Conditional Use Adjustment approval, the applicant shall provide an updated Landscape Plan that provides for the screening of the dumpster in LDC 7.09.04.F. 5. Within 90 days of Conditional Use Adjustment approval, the applicant shall fully screen the dumpster from residential uses in accordance with LDC 7.09.04.F. Page 2 PDS No. 2026-015 File No.: CU-2601-000097 B. The property on which this Conditional Use Permit Adjustment, as depicted in Exhibit "A" is being granted is described as follows: LEGAL DESCRIPTION: SHERATON PLAZA-UNIT ONE- S 126.01 FT OF TRACT B-LESS RD RAN PARCEL ID No.: 1432-801-0002-020-9 The approvals granted by this administrative order shall expire twelve (12) months from the effective date, unless a Zoning Compliance is obtained, or an extension is granted in accordance with the provisions of Section 11.07.05(F) of the St. Lucie County Land Development Code. C. The developer, including any successors in interest, is advised as part of this Minor Adjustment to a Conditional Use approval for a change in the business' ownership and name, all applicable development permits and construction authorizations shall be obtained 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, and 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 "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. D. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal the approval described in Part "A" above, all such appeals must be filed in writing with the County Administrator within 30 days of the rendering of this Order, as described in Section 11.02.04(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. E. A copy of this Order shall be placed on file with the St. Lucie County Planning and Development Services Department and mailed to the developer and agent of record as identified on the site plan application. H. This Order shall be recorded in the Public Records of St. Lucie County. Page 3 PDS No. 2026-015 File No.: CU-2601-000097 iltweL ORDER effective the day of , 2026. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE •UNTY FLORIDA BY B-0 n Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: BY County Attorney Page 4 PDS No. 2026-015 File No.: CU-2601-000097 EXHIBIT "A" (Location Map) Matanzas Ave T __�� ,i ■ Subject _ St�O� _ -San Marcos Ave • 1'Irl--LILL:14/4 1 - - 1 Site I I I .Sr. -- --- --- .Kingsley Dr ® I V Ave -- i A I ' I ■ I -- I JuanitaL J I L I G z Su( ~~ II — Juanita Av A Ili , - i I II w III �, �r -Sheraton Blvd ?- i•1 - I I INI �i\ MOM,�-7 —$ re x II_�a t III 1111 — o _- - , i_ _ I SadDiego Ave N 12 u or 1 �, C , , . J,.. 1 4 I ;I- Barcelona Ave -_ _L!11 I I 1 I z __i �- iijII� � N Rosarlta Ave =- -- _ --_ N1111...1.11111 �_ l Avenue T=- —_ I I 1 �n . { T I 1 I I I w �k e venues ' _' Z_..... Z A ut 11 110 Page 5 PDS No. 2026-015 File No.: CU-2601-000097 EXHIBIT "B" (Certificate of Capacity Exemption) St Lucie County Certificate of Capacity Exemption Date 3 11 2026 Certificate No. 64 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 fon 1.Type of development Conditional Use -Minor Adjustment N umber of units ? N umber of square feet 1440 2. Property legal description & Tax ID no. 1432-S01-0002-020-9 2233 N 25th Street,Fort Pierce,FL 34946 S aD Food Market 3.Approval: Building Resolution No. Letter 4.As part of the development: 5. On property owned by eem Abbas 2535 12th Square SW Vero Beach FL 3296S is hereby granted a Certificate of Capacity Exemption accord ng to the following Chapter(s)of the St.Lucie County Land Development Code: ❑ 5.03.02(A) ❑ 5.03.02(B)1 ❑ 5.03.02(B)2 ❑ 5.03.02(B)3 ❑ 5.03.02(B}4 ❑ 5.03.02(Eq5 0 5.03.02(B)6 ❑ 5.03.04(A) ❑ 5.03.04{A)2 ❑ 5.03.04(A)3 O 5.03.0403)1 0 5.03.04(B)2 ❑ 5.03.04(B)3 ❑ 5.03.04{B)4 6. Certificate Expiration Date 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 Ii sted herein. The expiration date can be extended only under the same terms and conditions as the underlying deve •.• ••&• ire •en. -ued with this certificate, or for subsequent development . su:• for f• e same property, use and size as described herein. Signed /I /' /'// Date:3!11l2026 .ng a • •evelopment Se• .ces Director St Lucie County, Florida Page 6 PDS No. 2026-015 File No.: CU-2601-000097