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HomeMy WebLinkAbout26-040 PDS ORDER 2026-040 File No. CU-2602-000098 117Ur'>g Onz7rDn nwrnZx AN ORDER GRANTING A MINOR ADJUSTMENT TO A o 8 IT CONDITIONAL USE PERMIT FOR R&K MART LLC FOR A PROPERTY LOCATED AT 2243 N 25' STREET, FORT PIERCE, D FLORIDA. gmN{r4,1 N� o WHEREAS, the St. Lucie County Planning and Development Services Director has W reviewed the application for a Minor Adjustment to a Conditional Use Permit for a change °A in the business name submitted by the applicant. Khaled Ramadan, and the comments S 3 M made by the St. Lucie County Development Review Committee on this application and t has made the following determinations: 0 O 0 0 1. The applicant. Khaled Ramadan, filed an application for a Minor Adjustment to the Conditional Use Permit issued to Abir & Sami Food Mart Inc. for the operation of a convenience store with an alcoholic beverage license, to recognize a change in business name to R&K Business Mart, LLC. The existing Conditional Use Permit authorizes the accessory sale of packaged beer and wine at the existing convenience store. The site is located at 2243 N 25th Street, Fort Pierce, FL, within the CN (Commercial, Neighborhood) Zoning District. and is legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. The existing structure was constructed in 1982 as an automotive service station 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, R&K Business Mart, LLC. will continue to sell packaged beer and wine, as classified under LDC Section 3.01.03.Q.7.d.2 undistilled alcoholic beverages accessory to the retail sale of food under SIC-5921. The requested adjustment does not authorize an expansion of the use or an increase in the intensity of operations. 3. A Business Zoning Compliance was issued to Abir & Sami Food Mart Inc. on June 18, 2019, for the operation of a convenience store with the accessory sale of undistilled alcoholic beverages at this location. 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 have 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. "R&K Mart" Minor Adjustment to Conditional Use (CU-2602-000098)"dated June 18, 2026. Page 1 PDS No. 2026-040 File No.: CU-2602-000098 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 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 business name change to R&K Food Mart is hereby approved by the St. Lucie County Planning & Development Services Director for the property described in Part "B", subject to the following conditions. The site improvements referenced in the conditions are depicted in Exhibit "C". Planning & Development Services Department - Planning Division 1. Within thirty (30) days of the issuance of zoning compliance, the owner shall close the westernmost driveway on Juanita Avenue to prohibit access and egress to the site. (Completed: A hedge has been installed at the northwestern edge of the parking lot, preventing through-traffic.) 2. Within thirty (30) days of the issuance of zoning compliance, the owner shall submit a dumpster-enclosure permit application to the Building Department. Note: The applicant has already applied for an after-the-fact permit for the dumpster enclosure. 3. Within sixty (60) days of the issuance of zoning compliance, the owner shall designate the easternmost driveway on Juanita Avenue as a right-in-only access. This designation shall include directional pavement striping and installation of "Right-In Only" and "Do Not Enter" signage to indicate one-way traffic movement. See Exhibit C 4. Within sixty (60) days of the issuance of zoning compliance, the applicant shall provide a shared access agreement between the subject parcel and the adjoining southern parcel under the same ownership, allowing for a two-way Page 2 PDS No. 2026-040 File No.: CU-2602-000098 traffic aisle at the North 25th Street driveway with appropriate traffic-arrow striping. (Parcel ID Nos. 1432-441-0000-000-5 and 1432-441-0001-000-2). See Exhibit C. Environmental Resources Department 5. Within sixty (60) days of Conditional Use Adjustment approval, the owner shall submit a landscape plan in compliance with LDC Section 7.09.00." 6. Within six (6) months of Conditional Use Adjustment approval, the owner shall install hedge landscaping along N. 25th Street." See Exhibit C B. The property on which this Conditional Use Permit Adjustment, as depicted in Exhibit "A" is being granted is described as follows: LEGAL DESCRIPTION: 323440S125FTOFN165FTOFW250FTOFE300FTOFS1/2OFSE1/4- LESS R/W AS IN OR 978-1303- (0.68 AC) (OR 3083-2540) PARCEL ID No.: 1432-441-0000-000-5 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 Page 3 PDS No. 2026-040 File No.. CU-2602-000098 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. F. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the v day of `"( , 2026. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY enjamin Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: BY L- County Attorney Page 4 PDS No. 2026-040 File No.: CU-2602-000098 EXHIBIT "A" (Location Map) 1 1 \ — - ' - , . - % gll I - l S Subject i I I , . I Site - Juanita Ave - - — 1 I I • • I : -. I j - i I I1. I. • - I - , I — —_r. _ j — I I - - i i III- . a T, •N — I I= I f. I I. — --1_ _N t Avenue Q Z ii II" uPIERCE • a Page 5 PDS No. 2026-040 File No.: CU-2602-000098 EXHIBIT "B" (Certificate of Capacity Exemption) St Lucie County Certificate of Capacity Date 6 16 2026 Certificate No. 33S6 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.Tvoe of develoornent Conditional Use-Minor Adjustment Number of units C Number of square feet 2396 2. Property legal description & Tax ID no. 143244100000005 2243N 25th ST R&K Mart LLC. 3.Approval: Building Resolution No. Letter 061526 4. Subject to the following conditions for concurrency: See PDS Order 2026-C40 Owner's name O,.:bideh\1 Ramadan Address 2243N25thST Fort Pierce FL 349-36 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 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 develop )is rthe same property, use and size as described herein. • Sign Date:6'16 2026 Planning and Development Services Director St Lucie County. Florida Page 6 PDS No. 2026-040 File No.: CU-2602-000098 EXHIBIT "C" Aerial snapshot depicting `Conditional Use' site improvements Provide directional striping and signage- .-_ r Juanita Ave. 'Right-in-only' ' �' -- Provide in • N Landscaping r t all `1 , La[ongRfl.\ j ! ) ... 1 N.)Or WO _3ti k' Provide signage-'Do. Not- ;, 4-0 I cn - Provide Dumpster (V R Enclosure Z , 1 . r ;•�I �� ► Provide directional ,' /.9. ,t , triping-two-way - aisle w shared access agreement -/ ' i. _. _. rK..r - I. - Page 7 PDS No. 2026-040 File No.: CU-2602-000098