MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS

Transcription

1 MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2401 S.E. MONTEREY ROAD STUART, FL DOUG SMITH Commissioner, District 1 ED FIELDING Commissioner, District 2 HAROLD E. JENKINS II Commissioner, District 3 SARAH HEARD Commissioner, District 4 EDWARD V. CIAMPI Commissioner, District 5 May 11, 2017 Telephone: Fax: pschilli@martin.fl.us Joseph Capra, PE CAPTEC Engineering, Inc. 301 NW Flagler Avenue via Electronic Mail Stuart, FL Project No.: M / Application No.: D Project Name: Martin Downs PUD/DRI Mobil/Dunkin Donuts Administrative Amendment Deadline: July 10, 2017 Re: Project Post-Approval Requirements Dear Mr. Capra: TARYN KRYZDA, CPM County Administrator SARAH W. WOODS County Attorney Enclosed are a copy of the final staff report, a copy of the Development Order and the list of post-approval requirements for the above project. The postapproval documents list was included in Section U of the Staff Report. The items required for post-approval must be submitted as one (1) complete original packet accompanied by the required copies as additional packets. Please arrange the items in the packet in the same order as the list. Please also provide a disk containing.pdf copies of all documents. You have 60 days to submit the documents and fees. After all required documents, plans, and fees are received and approved, you will be sent a postapproval completion letter. You may check the post-approval status on-line at Select View Applications and Permits; select Project Number; type the Project Number above and select Search. If you need assistance, please contact me. Sincerely, Paul Schilling, Development Review Administrator Project Coordinator TELEPHONE WEB ADDRESS PS/mh Enclosures Copy: Mark France PSL Donuts, LLC 2550 SE Willoughby Blvd Stuart, FL of 21 gmd2017l398.docx

2 PROJECT POST-APPROVAL REQUIREMENTS LIST Project Number: M Application: D Project Name: MARTIN DOWNS PUD/DRI MOBIL/DUNKIN' DONUTS ADMINISTRATIVE AMENDMENT Item # 1: Post Approval Requirements List: After approval the applicant will receive a letter and a Post Approval Requirements List that identifies the documents and fees required. The applicant will return the Post Approval Requirements List along with the required documents in a packet with the documents arranged in the order shown on the list. Please also provide a disk containing.pdf copies of all documents. Item # 2: Post Approval Fees: The applicant is required to pay all remaining fees when submitting the post approval packet. If an extension is granted, the fees must be paid within 60 days from the date of the development order. Checks should be made payable to Martin County Board of County Commissioners. Advertising $112.45; Inspection Fees $4, Item # 3: Recording Costs: The applicant is responsible for all recording costs. The Growth Management Department will calculate the recording costs and contact the applicant with the payment amount required. Checks should be made payable to the Martin County Clerk of Court. Item # 4: Post Approval Impact Fees: Impact fees are due at Building Permit issuance. Please note that, if the impact fee amounts were to increase prior to your building permits being issued, the new amounts would apply. Checks should be made payable to the Martin County Board of County Commissioners. Item # 5: One (1) copy of the recorded warranty deed if a property title transfer has occurred since the site plan approval. If there has not been a property title transfer since the approval, provide a letter stating that no title transfer has occurred. Item # 6: Ten (10) complete copies of the approved amended construction plans signed and sealed by the Engineer of Record licensed in the State of Florida. Fold to 8 x 12. Item # 7: Ten (10) copies 24" x 36" of the approved amended site plan. Fold to 8 x 12. Item # 8: Original approved amended site plan on Mylar or other plastic, stable material. 2 of 21 gmd2017l398.docx

3 Item # 9: Ten (10) copies 24" x 36" of the approved landscape plan signed and sealed by a landscape architect licensed in the State of Florida. Fold to 8 x 12. Item # 10: One (1) digital copy of amended site plan in AutoCAD drawing format (.dwg). The digital version of the site plan must match the hardcopy version as submitted. Item # 11: Original of the construction schedule. Item # 12: Original of the Engineer's Design Certification, on the County format which is available on the Martin County website, signed and sealed by the Engineer of Record licensed in the State of Florida. 3 of 21 gmd2017l398.docx

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8 { MARTIN COUNTY, FLORIDA DEVELOPMENT REVIEW STAFF REPORT A. Application Information MARTIN DOWNS PUD/DRI MOBIL/DUNKIN' DONUTS ADMINISTRATIVE AMENDMENT Applicant: 3551 SW Martin Hwy LLC Property Owner: 3551 SW Martin Hwy LLC Agent for the Applicant: Captec Engineering, Inc. Joseph Capra, P.E. County Project Coordinator: Paul Schilling, Principal Planner Growth Management Director: Nicki van Vonno, AICP Project Number: M Application Type and Number: D Report Number: 2017_0511_M _DRT_Staff_FINAL Application Received: 02/23/2017 Transmitted: 02/23/2017 Date of Report: 03/16/2017 Joint Workshop: 03/30/2017 Resubmittal Received: 04/03/2017 Transmitted: 04/03/2017 Date of Report: 05/11/2017 B. Project description and analysis Requesting approval of an administrative amendment regarding the addition of a Dunkin' Donut drivethrough and the removal of the auto repair shop. The existing convenience store use will be relocated in the building. The subject property is approximately 1.87 acres and is located at the northwest corner of SW Martin Downs Blvd and SW Martin Hwy (SR 714) in Palm City. Included in this application is a request for a Certificate of Public Facilities Reservation. The Martin Downs Mobil received final site plan approval in 1991 with the plat being recorded on June 1, The current request includes the removal of the auto repair shop, expansion of the convenience store to 1,748 sq. ft., and the addition of a 948 sq. ft. convenience restaurant with drive-through. The total gross floor area of building is 2,883 sq. ft. with a total of 13 existing fueling positions and associated infrastructure. C. Staff recommendation The specific findings and conclusion of each review agency related to this request are identified in Sections F through T of this report. The current review status for each agency is as follows: 8 of 21

9 Section Division or Department Reviewer Phone Assessment F Comprehensive Plan Paul Schilling Comply F ARDP Samantha Lovelady N/A G Development Review Paul Schilling Comply H Urban Design Paul Schilling Comply H Community Redevelopment Paul Schilling N/A I Property Management Colleen Holmes N/A J Environmental Shawn McCarthy Comply J Landscaping Karen Sjoholm Comply K Transportation Stephanie Piche Comply L County Surveyor Michael O Brien N/A M Engineering Michelle Cullum Comply N Addressing Emily Kohler Comply N Electronic File Submission Emily Kohler Comply O Water and Wastewater James Christ Comply O Wellfields James Christ Comply P Fire Prevention Doug Killane Comply P Emergency Management Dan Wouters N/A Q ADA Judy Lamb Comply R Health Department Todd Reinhold N/A R School Board Kimberly Everman N/A S County Attorney Krista Storey N/A T Adequate Public Facilities Paul Schilling Comply D. Review Board action This application complies with the threshold requirement for processing as a minor development. As such, final action on this application will be taken by the Growth Management Director. Pursuant to Section 10.1.F, Land Development Regulations, Martin County, Fla., (2016) it shall at all times be the applicant s responsibility to demonstrate compliance with the Comprehensive Growth Management Plan (CGMP), Land Development Regulations (LDR) and the Code. The applicant addressed the non-compliance findings from the initial staff report with its resubmittal dated April 3, The previous staff report and resubmittal are incorporated herein by reference. E. Location and site information Parcel number(s) and address: SW Martin Hwy Existing Zoning: PUD-R, Planned Unit Development Residential Future land use: Industrial Census tract: Not Applicable Commission district: 5 Municipal service taxing unit: Western MSTU Two Planning area: Palm City Page 2 of 14 9 of 21

10 Taxing district: D Traffic analysis zone: 48 Urban services district: Primary LOCATION MAP Page 3 of of 21

11 2016 AERIAL IMAGE Page 4 of of 21

12 F. Determination of compliance with Comprehensive Growth Management Plan requirements - Growth Management Department The Growth Management Department Development Review Division staff has reviewed the application and finds it in compliance with the applicable regulations. There are no unresolved Comprehensive Growth Management Plan requirements issues associated with this application. G. Determination of compliance with land use, site design standards, zoning, and procedural requirements - Growth Management Department The Growth Management Department Development Review Division staff has reviewed the application and finds it in compliance with the applicable regulations. There are no unresolved land use, site design standards, zoning or procedural requirement issues associated with this application. H. Determination of compliance with the urban design and community redevelopment requirements Community Development Department Findings of Compliance Urban Design Community Redevelopment Area N/A The proposed project is not located within a Community Redevelopment Area. Therefore, the Community Redevelopment Area reviewer was not required to review this application. MARTIN COUNTY, FLA., LDR, Division 6. I. Determination of compliance with the property management requirements Engineering Department N/A No dedication of additional right of way is required or proposed by the Applicant pursuant to the Roadway Classifications set forth in Section B, Land Development Regulations, Martin County, Fla. (2001) which includes Table that lists the minimum right of way requirements. Therefore, the Applicant is not required to submit due diligence materials for review by the Martin County Real Property Division. J. Determination of compliance with environmental and landscaping requirements - Growth Management Department Page 5 of of 21

13 Environmental The Growth Management Department Environmental Division staff has reviewed the application and finds it in compliance with the applicable Land Development Regulations. There are no wetlands or upland habitat that exists on the property and these findings have been verified by county environmental staff. Therefore, the preservation requirements under Article 4, Division 1 and Article 4, Division 2 of the Land Development Regulations do not apply. Landscape Alterations cannot be made to the plans after final site plan approval. Any alteration may require an application to amend the affected approved plans. The applicant is cautioned to consider the placement of utilities and any underground or above ground site improvement that could cause a conflict with the landscaping and possibly cause a change or amendment. As-built landscape plans submitted prior to the release of a certificate of occupancy will be checked against the approved drawings. Inconsistencies may block the issuance of the certificate of occupancy and cause the applicant to begin the application process for a change or an amendment to the development order. K. Determination of compliance with transportation requirements - Engineering Department The Traffic Division of the Engineering Department finds this application in compliance. Compliance with Adequate Public Facilities Ordinance: Staff has reviewed the Traffic Statement prepared by Captec Engineering, Inc., dated March 30, Captec Engineering, Inc. stated that the site's total maximum post-development impact was assumed to be 67 directional trips during the peak hour. Staff finds that this impact is an increase of 28 net peak hour directional trips, over the existing use. Staff finds that SR-714 (Martin Downs Boulevard) from Florida's Turnpike to CR-713 is the recipient of a majority of the generated trips. SR-714 (Martin Downs Boulevard) from Florida's Turnpike to CR-713 is currently operating at a level of service C; it is anticipated to operate at level of service C at buildout (year 2019). In 2012, the peak hour directional volume on SR-714 (SW Martin Highway) between SW Citrus Boulevard and the entrance to Florida's Turnpike exceeded the generalized capacity of the roadway. Although this project is anticipated to have an impact of 7 peak hour directional trips on this roadway segment, any application for development that generate or attracts traffic onto the backlogged SR-714 between SW Citrus Boulevard and the entrance to Florida's Turnpike, cannot be denied for failure to demonstrate adequate public roadway facilities. The Martin County Code of Ordinances includes a traffic concurrency program. Martin LDR 5.32.D.3.f. However, after the adoption of this County code provision the Florida Legislature amended Section Page 6 of of 21

14 (5), Florida Statutes, which currently provides, in pertinent part, as follows: (h) 1. Local governments that continue to implement a transportation concurrency system, whether in the form adopted into the comprehensive plan before the effective date of the Community Planning Act, chapter , Laws of Florida, or as subsequently modified, must: **** c. Allow an applicant for a development-of-regional-impact development order, development agreement, rezoning, or other land use development permit to satisfy the transportation concurrency requirements of the local comprehensive plan, the local government's concurrency management system, and s , when applicable, if: (I) The applicant in good faith offers to enter into a binding agreement to pay for or construct its proportionate share of required improvements in a manner consistent with this subsection. (II) The proportionate-share contribution or construction is sufficient to accomplish one or more mobility improvements that will benefit a regionally significant transportation facility. A local government may accept contributions from multiple applicants for a planned improvement if it maintains contributions in a separate account designated for that purpose. Section (h)(1)d, further requires local governments to [p]rovide the basis upon which the landowners will be assessed a proportionate share of the cost addressing the transportation impacts resulting from a proposed development. In providing the basis for the proportionate share, local governments are not allowed to hold an applicant responsible for the additional cost of reducing or eliminating transportation facility deficiencies. If any road is determined to be transportation deficient without the project traffic under review, the costs of correcting that deficiency shall be removed from the project's proportionate-share calculation and the necessary transportation improvements to correct that deficiency shall be considered to be in place for purposes of the proportionate-share calculation. The improvement necessary to correct the transportation deficiency is the funding responsibility of the entity that has maintenance responsibility for the facility. The development's proportionate share shall be calculated only for the needed transportation improvements that are greater than the identified deficiency. Fla. Stat (2)(b)(2016). Section (h)(2) mandates that, [w]hen an applicant contributes or constructs its proportionate share pursuant to this paragraph, a local government may not require payment or construction of transportation facilities whose costs would be greater than a development's proportionate share of the improvements necessary to mitigate the development's impacts. Proportionate share contributions are required to be calculated, based upon the number of trips from the proposed development expected to reach roadways during the peak hour from the stage or phase being approved, divided by the change in the peak hour maximum service volume of roadways resulting from construction of an improvement necessary to maintain or achieve the adopted level of service, multiplied by the construction cost, at the time of development payment, of the improvement necessary to maintain or achieve the adopted level of service. Fla. Stat (2)(a)(2016). In using this proportionate-share formula, the applicant in its traffic analysis shall identify those roads or facilities that have a transportation deficiency in accordance with the transportation deficiency as defined in subparagraph 4 on the statutory section. The proportionate-share formula shall be applied only to those facilities that are determined to be significantly impacted by the project traffic under review. The statute also requires the local government to provide a credit on a dollar-for-dollar basis for impact fees, mobility fees, or other transportation concurrency mitigation requirements that have either been paid or are payable in the future for the project. The credit shall be reduced up to 20 percent by the Page 7 of of 21

15 percentage share that the project's traffic represents of the added capacity of the selected improvement, or by the amount specified by local ordinance, whichever yields the greater credit. Fla. Stat (2)(e)(2016). L. Determination of compliance with county surveyor - Engineering Department N/A The applicant has indicated that there are no proposed changes to the approved project boundary as part of the current application. Therefore, The Engineering Department was not required to review this application for consistency with the Martin County Codes for survey requirements contained in Article 4 of the Land Development Regulations. MARTIN COUNTY, FLA., LDR 10.1.F M. Determination of compliance with engineering, storm water and flood management requirements - Engineering Department The Engineering Department finds this application in compliance with the Land Development Regulations. N. Determination of compliance with addressing and electronic file submittal requirements Growth Management and Information Technology Departments Addressing The application has been reviewed for compliance with Division 17, Addressing, of the Martin County Land Development Regulations. Staff finds that the proposed site plan complies with applicable addressing regulations. All street names are in compliance. They meet all street naming regulations in Article 4, Division 17, Land Development Regulations. Martin County, Fla. (2016). Electronic File Submittal The Information Services Department staff has reviewed the electronic file submittal and finds it in compliance with the applicable county requirements. Both AutoCAD site plan and boundary survey were received and found to be in compliance with Section 10.2.B.5, Land Development Regulations, Martin County, Fla. (2016) Both AutoCAD site plan and boundary survey were in State Plane coordinates and found to be in compliance with Section 10.2.B.5, Land Development Regulations, Martin County, Fla. (2016) The AutoCAD boundary survey was received and found to be in compliance with Section 10.2.B.5, Land Development Regulations, Martin County, Fla. (2016) O. Determination of compliance with utilities requirements - Utilities Department Page 8 of of 21

16 Water and Wastewater Service This development application has been reviewed for compliance with applicable statutes and ordinances and the reviewer finds it in compliance with Martin County's requirements for water and wastewater level of service. MARTIN COUNTY, FLA., LDR, Division 6 and 7 (2016) Wellfield and Groundwater Protection The application has been reviewed for compliance under the Wellfield Protection Program. The reviewer finds the application in compliance with the Wellfield Protection and Groundwater Protection Ordinances. MARTIN COUNTY, FLA., LDR, Division 5 (2016) P. Determination of compliance with fire prevention and emergency management requirements Fire Rescue Department Fire Prevention The Fire Prevention Bureau finds this submittal to be in compliance with the applicable provisions governing construction and life safety standards. This occupancy shall comply with all applicable provisions of governing codes whether implied or not in this review, in addition to all previous requirements of prior reviews. Q. Determination of compliance with Americans with Disability Act (ADA) requirements - General Services Department The General Services Department staff has reviewed the application and finds it in compliance with the applicable Americans with Disability Act requirements. (2014 FBC, FIFTH EDITION\ACCESSIBILITY) R. Determination of compliance with Martin County Health Department and Martin County School Board Martin County Health Department N/A There are no onsite potable wells or septic disposal systems, pursuant to Section 10.1.F, Land Development Regulations, Martin County, Fla. Therefore, the Department of Health was not required to review this application for consistency with the Martin County Codes. Page 9 of of 21

17 Martin County School Board N/A The applicant has indicated that this application is for non-residential uses only. Therefore, the Martin County School Board was not required to review this application for school concurrency evaluation. MARTIN COUNTY, FLA., LDR 10.1.F. S. Determination of compliance with legal requirements - County Attorney's Office N/A T. Determination of compliance with the adequate public facilities requirements - responsible departments The following is a summary of the review for compliance with the standards contained in Article 5.32.D of the Adequate Public Facilities, Land Development Regulations (LDR's), Martin County Code for a Certificate of Adequate Public Facilities Reservation. Potable water facilities (Section 5.32.D.3.a, LDR) Service provider Martin County Findings in place Source - Utilities and Solid Waste Department Reference - see Section O of this staff report Sanitary sewer facilities (Section 5.32.D.3.b, LDR) Service provider Martin County Findings in place Source - Utilities and Solid Waste Department Reference - see Section O of this staff report Solid waste facilities (Section 5.32.D.3.c, LDR) Findings in place Source - Growth Management Department Stormwater management facilities (Section 5.32.D.3.d, LDR) Findings in place Source - Engineering Department Reference - see Section M of this staff report Community park facilities (Section 5.32.D.3.e, LDR) Findings in place Source - Growth Management Department Roads facilities (Section 5.32.D.3.f, LDR) Findings in place Source - Engineering Department Reference - see Section K of this staff report Page 10 of of 21

18 Mass transit facilities (Section 5.32.D.3.g, LDR) Findings - in place Source - Engineering Department Reference - see Section K of this staff report Public safety facilities (Section 5.32.D.3.h, LDR) Findings - in place Source - Growth Management Department Reference - see Section P of this staff report Public school facilities (Section 5.32.D.3.i, LDR) Findings N/A Source - Growth Management Department Reference - see Section R of this staff report A timetable for completion consistent with the valid duration of the development is to be included in the Certificate of Public Facilities Reservation. The development encompassed by Reservation Certificate must be completed within the timetable specified for the type of development. U. Post-approval requirements Approval of the development order is conditioned upon the applicant s submittal of all required documents, executed where appropriate, to the Growth Management Department (GMD), including unpaid fees, within sixty (60) days of the final action granting approval. Item #1: Post Approval Requirements List: After approval the applicant will receive a letter and a Post Approval Requirements List that identifies the documents and fees required. The applicant will return the Post Approval Requirements List along with the required documents in a packet with the documents arranged in the order shown on the list. Item #2: Post Approval Fees: The applicant is required to pay all remaining fees when submitting the post approval packet. If an extension is granted, the fees must be paid within 60 days from the date of the development order. Checks should be made payable to Martin County Board of County Commissioners. Item #3: Recording Costs: The applicant is responsible for all recording costs. The Growth Management Department will calculate the recording costs and contact the applicant with the payment amount required. Checks should be made payable to the Martin County Clerk of Court. Item #4: One (1) copy of the recorded warranty deed if a property title transfer has occurred since the site plan Page 11 of of 21

19 approval. If there has not been a property title transfer since the approval, provide a letter stating that no title transfer has occurred. Item #5: Ten (10) complete copies of the approved amended construction plans signed and sealed by the Engineer of Record licensed in the State of Florida. Fold to 8 by 12 inches. Item #6: Ten (10) copies 24" x 36"of the approved amended site plan. Item #7: Original approved amended site plan on Mylar or other plastic, stable material. Item #8: Ten (10) 24" x 36" copies of the approved landscape plan signed and sealed by a landscape architect licensed in the State of Florida. Item #9: One (1) digital copy of amended site plan in AutoCAD drawing format (.dwg). The digital version of the site plan must match the hardcopy version as submitted. Item #10: Original of the construction schedule. Item #11: Original of the Engineer's Design Certification, on the County format which is available on the Martin County website, signed and sealed by the Engineer of Record licensed in the State of Florida. V. Local, State, and Federal Permits Approval of the development order is conditioned upon the applicant's submittal of all required applicable Local, State, and Federal Permits, to the Growth Management Department (GMD), prior to the commencement of any construction. An additional review fee will be required for Martin County to verify that the permits are consistent with the approved development order. MARTIN COUNTY, FLA., LDR 10.9 (2012) W. Fees Public advertising fees for the development order will be determined and billed subsequent to the public hearing. Fees for this application are calculated as follows: Fee type: Fee amount: Fee payment: Balance: Application review fees: $3, $3, $0.00 Page 12 of of 21

20 Site Inspection fees: $4, $0.00 $4, Advertising fees*: TBD Recording fees**: TBD Mandatory impact fees: TBD Non-mandatory impact fees: TBD * Advertising fees will be determined once the ads have been placed and billed to the County. ** Recording fees will be identified on the post approval checklist. X. General application information Applicant: Agent: Engineer: 3551 SW Martin Hwy LLC Mark France/PSL Donuts, LLC 2550 SE Willoughby Blvd. Stuart, FL Captec Engineering, Inc. Joseph Capra, P.E. 301 N.W. Flagler Ave. Stuart, FL Captec Engineering, Inc. Joseph Capra, P.E. 301 N.W. Flagler Ave. Stuart, FL Y. Acronyms ADA... Americans with Disability Act AHJ... Authority Having Jurisdiction ARDP... Active Residential Development Preference BCC... Board of County Commissioners CGMP... Comprehensive Growth Management Plan CIE... Capital Improvements Element CIP... Capital Improvements Plan FACBC... Florida Accessibility Code for Building Construction FDEP... Florida Department of Environmental Protection FDOT... Florida Department of Transportation LDR... Land Development Regulations LPA... Local Planning Agency MCC... Martin County Code MCHD... Martin County Health Department NFPA... National Fire Protection Association SFWMD... South Florida Water Management District W/WWSA... Water/Waste Water Service Agreement Page 13 of of 21

21 Z. Attachments Page 14 of of 21