Placement: Resolutions / Quasi-Judicial Hearing
Action Requested: Motion / Vote
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Resolution 21-R38, Quasi-Judicial, Public Hearing, A Resolution Granting a Special Exception Use Provided for in Section 158.124(C)(13) of the City Code to Permit Drive-through Service for Property Located at 3095 SW Port St. Lucie Boulevard, and Legally Described as Lot 3, Darwin Plaza (P20-248).
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Submitted By: Daniel Robinson, Planner II
Strategic Plan Link: The City’s Mission to plan for smart and balanced growth.
Executive Summary (General Business): The subject property consists of an existing fuel service station, a retail convenience store with a drive- through service, and a car wash. The proposed special exception is to permit the drive-through service in the General Commercial zoning district per section 158.124 (C) (13) of the Zoning Code.
Presentation Information: Staff will provide a presentation.
Staff Recommendation: Move that the Council approve the special exception use request as recommended by the Planning and Zoning Board at their meeting of May 4, 2021, with the following conditions:
1. The landscaping for the property must be brought into conformity with the approved landscape plan prior to any permits being issued.
2. Additional striping and delineators be added to require traffic from Yale Street entrance to circle the building around the north side in order to gain access to the drive thru lane.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the request.
2. Move that the Council not approve the request and provide direction.
Background: The original site plan was approved by City Council on February 12, 2000. The auto fuel service, car wash, retail convenience store, and the drive-through service were not required to be approved as special exceptions. The City Zoning Code, specifically Section 158.124, was amended per the Ordinances listed below adding uses to special exception use requirements.
• Ordinance 02-124 added retail convenience store, fuel service station, and car wash
• Ordinance 06-081 added drive-through services
The amendments to the City Code created the legal nonconforming uses of fuel service station with retail convenience store, drive-though, and car wash. Section 158.281 states that if a nonconforming use ceases for a period of six (6) months or more it must be brought into conformity to current City Code prior to the use’s reestablishment. The drive-through service has ceased for six (6) months or more. At this time for the use to be reestablished a special exception shall be approved as per Section 158.124 (C) (13).
Issues/Analysis: See attached staff report.
Financial Information: N/A
Special Consideration: The site is accessed by a right in right out along Port St. Lucie Boulevard. The site may also be accessed along SW Yale Street which is accessed by a right in and right out along Darwin Boulevard.
Location of Project: North east corner of Port St. Lucie Boulevard and Darwin Boulevard.
Attachments:
• Resolution
• Staff report
• Site plan
• Landscape plan
• Landscape plan markup
• Queuing analysis
• Public Works memo
• Application
• 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: 6584
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.