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Home My WebLink About26-038 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY , FILE# 5636792 06/23/2026 02:52:10 PM OR BOOK 5494 PAGE 144-148 Doc Type:ORD RECORDING $44.00 PDS ORDER 2026-036 File No. CU-2604-000106 AN ORDER GRANTING APPROVAL FOR A MINOR ADJUSTMENT TO A CONDITIONAL USE PERMIT FORMERLY KNOWN AS MIDWAY MARATHON (FKA CUMBERLAND FARMS - MIDWAY & SUNRISE), NOW KNOWN AS MIDWAY FOOD MART, INC., FOR A PROPERTY LOCATED AT 1200 WEST MIDWAY ROAD, FORT PIERCE, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for a Minor Adjustment to the Conditional Use Permit for a change in ownership and name submitted by Abdullah Chowdhury. on behalf of Sunrise 26 Investment LLC, and the comments made by the St. Lucie County Development Review Committee on this application and has made the following determinations: 1. Abdullah Chowdhury. on behalf of Sunrise 26 Investment LLC, is requesting a Minor Adjustment to the Conditional Use Permit issued to Midway Marathon (FKA Cumberland Farms — Midway & Sunrise) for a change in ownership from Shukla Enterprises, Inc to Sunrise 26 Investment LLC, and a change in name from Midway Marathon to Marathon Food Mart. Inc. The site is located at 1200 W Midway Road. Fort Pierce, FL, within the CN (Commercial Neighborhood) and RS-3 (Residential. Single-Family — 3) Zoning District, as legally described in Part "B" and depicted on the attached site aerial as Exhibit "A". 2. On January 27, 2015. the Board of Adjustment approved BOA Resolution 15-002 granting an Eminent Domain Waiver due to lack of landscaping. The Florida Department of Transportation presented a petition for an Eminent Domain Waiver from Land Development Code Section 7.09.04.A.1 to allow a twelve and two tenths (12.2) foot encroachment into the required landscape buffer along West Midway Road and Section 7.09.04.C.3 to allow a two (2) foot encroachment into the required terminal landscape island in the CN (Commercial, Neighborhood) Zoning District. 3. On June 24. 2014, the Board of Adjustment approved BOA Resolution 14-006 granting an Eminent Domain Waiver due to lack of landscaping. The Florida Department of Transportation presented a petition for an Eminent Domain Waiver from •section 7.04.01.B. (Table 7-10) and Section 7.09.04.A.1. of the St. Lucie County Land Development Code to allow a nine and two tenths (9.2) foot encroachment into the required landscape buffer and an eight (8) foot encroachment into the required building front setback in the CN (Commercial, Neighborhood) Zoning District. 4. On September 22. 2011, the Planning and Development Services Director approved PDS Order 11-017 granting approval for a Minor Adjustment to a Conditional Use. for a change in the ownership and name of an existing Conditional Use formerly known as Cumberland Farms, now known as Midway Marathon. 5. PDS Order 11-017 officially captured the pre-existing approved Conditional Use, which has Page 1 PDS No 2026-038 File No.: CU-2604-000106 actively maintained a Business Tax Receipt and Zoning Compliance Letter for the subject property, located at 1200 W. Midway Road. The subject property is zoned CN (Commercial Neighborhood) and RS-3 (Residential, Single-family 3). 6. On August 1, 1990, St. Lucie County officially adopted the Land Development Code of St. Lucie County, Florida. Effectively rendering Retail Trade: Gasoline Services. accessory to retail food stores and undistilled alcoholic beverages accessory to retail sale of food within the newly designated Commercial Neighborhood Zone District as Conditional Uses. Pursuant to Section 3.01.03.(Q.)(7.)(d.) of the St Lucie County Land Development Code effective August 1, 1990, the subject establishment is considered to be an existing Conditional Use. 7. On September 8. 1987, the Board of County Commissioners approved Resolution 87-170 granting approval of a Site Plan for a project known as Cumberland Farms — Midway & Sunrise. 8. The Development Review Committee has reviewed the Minor Adjustment to change the ownership and name of a Conditional Use originally approved by the Board of County Commissioners under Resolution 87-170 on September 8, 1987. Pursuant to Sections 11.07.03 and 11.07.05.(E.)(2.)(a.)(7.) of the Land Development Code, the committee found the request to be consistent with the St. Lucie County Comprehensive Plan, compliant with the technical requirements of the St. Lucie County Land Development Code, and in satisfaction of the applicable standards or review. 9. 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), Development and Adjustment of an Approved or Existing Conditional Use of the St. Lucie County Land Development Code. The analysis is found in the Memo titled Midway Food Mart, Inc. - Minor Adjustment to a Conditional Use Permit and dated June 4, 2026. 10. The 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 public health, safety. and general welfare. 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 project will remain arranged and operated so as not to interfere with the development and use of neighboring property, per applicable district regulations. 13. The Certificate of Capacity remains valid for this development and shall remain valid unless the Conditional Use Permit expires or is abandoned (for twelve months or more). NOW, THEREFORE, BE IT ORDERED: A. According 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 change in ownership to Sunrise 26 Investment LLC, received online via the St. Lucie County EnerGov Page 2 PDS No 2026-038 File No.: CU-2604-000106 Portal on April 21, 2026, for the property described in Part "B". is hereby approved by the St. Lucie County Planning & Development Services Director with the following Conditions of Approval: a. Within 180 days of approval of the minor adjustment to conditional use. the site shall come into compliance with the most recently approved landscape plan. b. Prior to issuance of a Certificate of Occupancy. the applicant shall come into compliance with the previously approved landscape plan (BOA 15-002. recorded 2/11/2015, OR 3716 Page 473-478). B. The property on which this Minor Adjustment to Conditional Use Permit, as depicted in Exhibit "A" is being granted is described as follows: LEGAL DESCRIPTION: WHITE CITY BLK 56 LOTS 1 TO 3 INC AND N 10 FT VAC ALLEY ADJ ON SAND 10 TO 17 INC AND S 10 FT VAC ALLEY ADJ ON N AND S 10 FT VAC CHARLOTTA ST ADJ ON N- LESS THAT PART FOR RD R/W MPDAF: BEG SW COR OF LOT 10, TH N 89 38 04 W 200 FT TO SW COR OF LOT 17, TH N 00 17 34 E 1.16 FT, TH N 86 41 13 E 75.83 FT, TH S 89 39 04 E 97.11 FT, TH N 45 20 34 E 38.46 FT. TH S 00 18 07 W 33.20 FT TO POB- (1.01 AC - 43.996 SF) ADDRESS: 1200 West Midway Road, Fort Pierce. FL 34982 PARCEL ID No.: 3404-501-0322-000-0 C. 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 under the provisions of Section 11.07.05(F.) of the St. Lucie County Land Development Code. D. The developer. including any successors in interest, is advised as part of this Minor Adjustment to a Conditional Use approval for a business name and ownership change, all applicable development permits and construction authorizations shall be obtained from the appropriate State, Federal. and Local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection. 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 Page 3 PDS No 2026-038 File No.: CU-2604-000106 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 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(8) 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 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 ORDER effective the / day of gu't'(- , 2026. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Benjamin Balcer, Planning Director APPROVED AS TO FORM AND CORRECTNESS: BY County Attorney Page 4 PDS No 2026-038 File No.: CU-2604-000106 EXHIBIT "A" Site Aerial y _ eV .�` :• • Charlotta St.;` z -'"'^ :t err C , m w C cn • i *7, * J1 Waltir"fr-''.1 j, i 1,' ' , •cr 'l-�A , .. , . ii .• _ 164 '•;;"*A. ''.- iv ' , .. . .. . .. 4.7::41.1.1*..--..461 ,. 1T. . .tt. . . .• . .. • .i. _. F7.:„..,.;.,. ,. ,t44.iiit ..,. •• • ....,..;.,,i.....,,, ... , ..,... ...: ...,...• .•..., ..„ „.., i.• .....,:•...,•.. . ; > ...., �� ►'.:. .y'i y • v Y 4•.r ft-.-."� ... ... . •. N y • ,• . . ,_• /' ',eV' ' ice ' •.{ y,1'• Lh`��r i it • `• 1 ' tie • • P1111.1111t///1„ 4- 1 ' -..-.;0 '.1'• Arr••� 1mg I,�Y -• • t i . R -: i .. • ...46 .41 to •`!, y. / / '' ..r i _—1 i • -r. y, . - J •D!' f •7 lI •1 _ 1V; f • W Midway Rcl ' , "VH M — — I 4 • �► Page 5 PDS No 2026-038 File No.: CU-2604-000106