Placement: Resolutions / Quasi-Judicial Hearing
Action Requested: Motion / Vote
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Resolution 23-R18, Quasi-Judicial, Public Hearing, A Resolution Granting a Special Exception Use Provided for in Section 158.124(c)(11) to Allow a Convenience Store with a Fuel Station to be Located in a General Commercial (CG) Zoning District and Provided for in Section 2.3.3.1.a of the Becker Road Overlay District Design Standards to Allow a Fueling Service Station to Have a Maximum of 10,000 Daily Trips in a General Commercial (CG) Zoning District Located in the Activity Center Subdistrict for Becker , LLC, for Property Legally Described as a Portion of Tract L, Port St. Lucie Section 33 (P22-006).
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Submitted By: Mary Savage-Dunham, AICP
Strategic Plan Link: The City’s Mission to plan for smart and balanced growth.
Executive Summary (General Business): The applicant is requesting approval for a Special Exception Use (SEU) to allow a convenience store with a fuel service station to be located in a CG (General Commercial) zoning district pursuant to Section 158.124(C)(11) of the Zoning Code and to allow a fuel service station to be located in the Activity Center Subdistrict pursuant to Section 2.3.3.1.a of the Becker Road Overlay District Design Standards. The proposed project consists of a 6,119 S.F. convenience store with a 688 S.F. exterior dining area and a gas station with 8 fuel pumps for 16 fuel stations.
Presentation Information: Staff will provide a presentation.
Staff Recommendation: Move that the Council move that the Board approve the Special Exception Use with the following conditions:
1) The proposed mid-block access driveway located on Becker Road shall be removed or relocated from Becker Road and the conceptual site plan shall be updated accordingly.
2) If side street access to the subject site from Yacolt Drive is provided, a right-turn lane from Becker Road to Yacolt Drive shall be provided and Yacolt Drive shall be closed to thru-traffic. These improvements shall be located in the area to the west of the subject site and shall be designed to the satisfaction of the City.
3) The Landscape Plan shall include a 6-foot-high opaque fence in the southern landscape buffer.
4) The west side of the site (Phase 2) shall not be cleared until development for Phase 2 is approved to ensure that the residential houses along Yacolt Drive are buffered.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the SEU.
2. Move that the Council not approve and provide staff direction.
Background:
SPRC: On September 14, 2022, the Site Plan Review Committee (SPRC) recommended approval of the SEU and associated conceptual site plan, with all comments addressed. Some of the comments from Public Works were not addressed. The applicant requested to proceed with this application and not address the following comments from the SPRC.
1. Public Works does not support the placement of the mid-block driveway located in the Becker Road right-turn lane. [Recommended action: Remove or relocate the mid-block driveway so that it is not in the functional area of the Port St. Lucie Blvd. & Becker Rd. intersection.]
2. Public Works does not support the spacing distance of the mid-block driveway from Yacolt Drive. [The spacing does not meet the minimum 250-foot distance. The proposed spacing is 243.27 feet.] [** See, Note from Legal under Special Consideration].
3. Public Works requested a right-turn lane from Becker Road onto Yacolt Drive. [This street is located on west side of the subject parcel. This right-turn lane correlates with having side street access.]
P22-198 Wawa Variance: On August 2, 2022, the Planning and Zoning Board voted unanimously to grant a variance to Section 158.222(B)(4) Driveway Spacing from intersections to allow a proposed mid-block driveway to be located 243’ from the intersection where 250’ separation is required. Staff opposed the variance and raised safety concerns at that time.
P22-006 - Wawa SEU - PZB: On February 7 and 21, 2023 the Planning and Zoning Board heard the Special Exception Use application. Staff raised concerns regarding public safety and adding additional vehicular conflict points in the functional area of the Port St. Lucie Blvd./Becker Road intersection, and noted that there were other options for the development of this site that did not include the proposed entrance driveway from Becker Road. For this reason, staff recommended approval of the use with conditions, including the elimination of the access driveway from Becker Road.
The Planning and Zoning Board recommended approval of the SEU with the following two conditions: (A) The conceptual site plan shall include the additional 50’ extension of the turn lane on Becker Road; and (B) A 6’ opaque fence shall be added to the landscape buffer on the southern border.
Issues/Analysis:
1. The proposed use is a special exception use - Fueling station, with a convenience store. What is a special exception use? Per the code section 158.255, Certain land uses, due to their unique functional characteristics and the potentiality for their incompatibility with adjoining land uses, require special consideration on an individual basis of their suitability for location and development within particular zoning districts. These uses have been designated as special exception uses within appropriate zoning district classifications. It is the intent of this chapter that these uses may be permitted within the zoning district classifications only after affirmative findings that they can be developed at particular locations in a compatible manner. This project does not satisfy all of the criteria identified in the code which indicates that this particular use may not be suitable for this particular location.
2. The proposed driveway does not comply with the Engineering Design Standards regarding minimizing conflict points in the functional area of the intersection. This is the intersection of two major arterial roadways in an area experiencing rapid growth so traffic volumes are expected to continue to increase over time. [** See, Note from Legal under Special Consideration].
3. While the Becker Road Overlay District identifies this area as an “Activity Center” the conceptual plan identifies appropriate uses for this site and they are office/retail/restaurant and commercial. Townhomes would be permitted here, at a density of 8 units per acre with a rezoning to LMD and that use could access the site from the side streets with no access from Becker Road. There are other viable development scenarios for this property.
4. The Becker Road Overlay District design standards are not intended to negate or override other development design standards or safety considerations.
5. The code does not require two driveways for the convenience store/fueling station use.
6. The parcel/site that this use is proposed for has another section called phase 2 that has yet to have development approved on it. This means that there will be additional traffic utilizing the driveway as proposed.
Financial Information: N/A
Special Consideration: ** [From Legal]: Because the Planning & Zoning Board granted a variance for the driveway to exist 243 feet from the intersection, this is a vested right of the property owner and that variance “runs with the land”. That decision was not appealed and, therefore, cannot be relitigated in this proceeding. The determination of this SEU must be restricted to the criteria for a Special Exception Use only.
Location of Project: Southwest corner of SW Port St. Lucie Boulevard and SW Becker Road.
Attachments: 1. Resolution 2. Exhibit A-Conceptual Site Plan 3. Staff Report 4. Applicant’s SEU Questionnaire 5. Preliminary Landscape Plan 6. Conceptual Elevations and Floor Plan 7. Traffic Auto-turn Analysis 8. Public Works Traffic Memo 9. Application and Deed 10. Staff Presentation
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 9553
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.