KANNER BUSINESS PARK LOT 3 MINOR FINAL SITE PLAN

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1 { MARTIN COUNTY, FLORIDA DEVELOPMENT REVIEW STAFF REPORT A. Application Information KANNER BUSINESS PARK LOT 3 MINOR FINAL SITE PLAN Applicant: Stuart Kanner 1 LLC Property Owner: Stuart Kanner 1 LLC Agent for the Applicant: CPH, Inc., Daniel Moyer, P.E. County Project Coordinator: Peter Walden, Principal Planner Growth Management Director: Nicki van Vonno, AICP Project Number: R Application Type and Number: DEV Report Number: 2018_0703_R _Staff_Report_Final Application Received: 03/08/2018 Transmitted: 03/08/2018 Date of Report: 04/17/2018 Resubmittal Received: 05/29/2018 Transmitted: 05/31/2018 Date of Report: 07/03/2018 B. Project description and analysis This is a request for Minor Final Site plan approval for a 7,381 Square foot retail store located on lot 3, an approximate.938 acre parcel in the platted Kanner business park. The Kanner Business Park fronts State Road 76, South Kanner Highway in Stuart. Included with this application is a request for a Certificate of Public Facilities Reservation. The property is zoned General Commercial and has a General Commercial land use designation. The Kanner business park has existing preseve areas and a master storm water system. Lot 3 is to provide continued cross access to the adjacent lot 4 to the north. 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: Section Division or Department Reviewer Phone Assessment F Comprehensive Plan Peter Walden Non-Comply F ARDP Samantha Lovelady N/A G Development Review Peter Walden Non-Comply

2 H Urban Design Santiago Abasolo Non-Comply H Community Redevelopment Santiago Abasolo N/A I Property Management Colleen Holmes Non-Comply J Environmental Shawn Mccarthy Comply J Landscaping Karen Sjoholm Comply K Transportation Lukas Lambert Comply L County Surveyor Tom Walker N/A M Engineering Stephanie Piche Non-Comply N Addressing Emily Kohler Comply N Electronic File Submission Emily Kohler Comply O Water and Wastewater James Christ Non-Comply O Wellfields James Christ Comply P Fire Prevention Doug Killane Comply P Emergency Management Dan Wouters N/A Q ADA Judy Lamb Non-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 Peter Walden Review Pending 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 is required to re-submit materials in response to the non-compliance findings within this report. Upon receipt, the re-submitted materials will be transmitted for review to the appropriate review agencies and individuals that participate in the County's review process. A revised staff report will be created once the next review cycle has been completed. E. Location and site information Parcel number(s) and address: S Kanner Hwy Existing Zoning: GC, General Commercial Future land use: FLU-CG, Future Land Use Commercial General Census tract: Not Applicable Commission district: 2 Community redevelopment area: Not Applicable Municipal service taxing unit: District 2 Planning area: Port Salerno / 76 Corr Storm surge zone: Not Available Taxing district: Not Available Traffic analysis zone: 40 Page 2 of 15

3 Development Review Staff Report Location Map Aerial Page 3 of 15

4 F. Determination of compliance with Comprehensive Growth Management Plan requirements - Growth Management Department Unresolved Issue: Item #1: Generic Comp Plan Compliance-GMD This application cannot be deemed to be in compliance with the Martin County Comprehensive Growth Management Plan (CGMP) until the issues identified in this report have been satisfactorily resolved. Martin County, Fla., CGMP, 1.3 G. Determination of compliance with land use, site design standards, zoning, and procedural requirements - Growth Management Department Unresolved Issues: Item #2: Data Table 1. Provide site data in square feet, acreage and percentage of the total site. Revise table to show the following: SQ. Feet Acres % of total a. Total site area 1. Open space required 2.Open space provided b. Impervious area Pavement Sidewalks Buildings Building height required 40 Building height proposed x Floor area ratio? Show maximum allowable building coverage 60% H. Determination of compliance with the urban design and community redevelopment requirements Community Development Department The South and East Elevations are considered the primary façades. Item # 1 Section F Roofs 2) Flat Roofs: a) Flat roofs shall have a parapet of at least one foot in height along any primary façade and shall have at least two changes in height of a minimum of two feet along each primary façade. b) Provide 12 height, three-dimensional cornice treatments with a minimum of three reliefs along entire length of the primary facades. Non-Comply: Please provide a detail of the required of three-dimensional cornice with a minimum three reliefs. Page 4 of 15

5 Item # 2 Section C - Lighting: Exterior light fixtures shall not exceed 30 feet in height within vehicular areas or 20 feet in nonvehicular pedestrian areas. Non-comply: Please provide sheet PH1.0 in order to verify compliance with this section I. Determination of compliance with the property management requirements Engineering Department Unresolved Issues: The applicant must provide a recorded Access Easement provided by the owner(s) of the adjacent lots. J. Determination of compliance with environmental and landscaping requirements - Growth Management Department Environmental Findings of Compliance: The Growth Management Department Environmental Division staff has reviewed the application and finds it in compliance with the applicable land development regulations. The existing upland preserve adjacent to this lot was set aside as preservation with development of the business park. This applicant has demonstrated compliance with the appropriate setbacks to preserve boundaries and protection of the preserve with the use of erosion control devices during construction. Findings of Compliance Landscaping The Growth Management Department staff has reviewed the application and finds it in compliance with the applicable Land Development Regulations regarding landscaping. The applicant has proposed construction of an office warehouse facility within an existing Industrial Park. The applicant has submitted landscape plans that provide 8,168 sq. ft. of landscape area which equates to 52% of the 40,841 s.f development area to document compliance with Section A.1., Land Development Regulations, Martin County, Fla. (2013). Pursuant to this regulation a minimum of 20% of the total development area shall be landscaped. The applicant has proposed planting of the retention area with native species to document compliance with Section E, Land Development Regulations, Martin County, Fla. (2013) which requires that preserve areas, landscape areas and stormwater treatment areas be consolidated to extent feasible and that plantings adjacent to a preserve are limited to native species. Section A.3.b. Land Development Regulations, Martin County, Fla. (2013) requires that all nonresidential development provide at least one tree per 2,500 sq. ft. of site area; a total of 17 trees for this project. To demonstrate compliance the applicant has proposed the planting of 16 trees and preservation of 1 existing tree for this 40,841 sq. ft. site. Landscaped bufferyards are required between differing land uses and along certain transportation corridors. Martin County, Fla Section B.1.a, (2013). Surrounding land use is commercial so noncompatibility buffers are not required. Page 5 of 15

6 Section E.Land Development Regulations, Martin County, Fla. (2013) requires that development activity preserve at least ten percent of the total number of protected trees on the site unless it can be shown that the property would be precluded of reasonable use if the trees are not removed. Due to substantial grade changes necessary, to meet this requirement the applicant has submitted Landscape and Construction Plans to provide for removal of 4 existing protected trees and preservation of 1 large slash pine within the proposed perimer landscape area. To demonstrate compliance with Section D., Land Development Regulations, Martin County, Fla. (2013) he applicant has proposed installation of 16 native trees to mitigate for the necessary tree removal. Section A.4.b.1, 2,, and 3., Land Development Regulations, Martin County, Fla. (2013) requires one 500 s.f. landscape area with 2 trees for each 5000 s.f. of interior vehicular use area. This project has 21,357 sq.ft. of paving requiring 9 additional trees. To document compliance the applicant is proposing the installation of 11 native trees within the vehicular use area of the site. Informational Note: When plans are resubmitted for Post, please correct typo in the Martin County Landscape Notes #1 which says Encourage into required bufferyards. This should read Encroachment into required bufferyards. K. Determination of compliance with transportation requirements - Engineering Department Findings of Compliance: The Traffic Division of the Engineering Department finds this application in compliance. Compliance with Adequate Public Facilities Ordinance: This application satisfies the Adequate Public Facilities Standard; it has a De Minimis impact (an impact that would not affect more than one percent of the maximum volume at the adopted level of service of the accepted road facility). [Martin County, Fla., LDR Article 5, Division 1, Section 5.3 (2009)] 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 Item #1 Off Street Parking 1. Straighten the 6 pathway to the building from the crosswalk on the southern side of the building. Page 6 of 15

7 2. For the crosswalk on the south side of the building, provide striping consistent with Martin County Standard Detail R-120B for stop controlled conditions. 3. Per the Kanner Business Park Plat, Bk 17 Pg 29, the 35 Access Easement on lot 3 is declared to be the property of Kanner Business Park Property Association, Inc. Demonstrate that the applicant has permission from the Kanner Business Park Property Association, Inc. to perform work within this easement. For the purpose of emergency response access, provide a detailed maintenance of traffic plan demonstrating that the Access Easement will remain open during all phases of construction. Item #2 Consistency with Other Plans 1. As previously requested, provide overall boundaries and annotations on Final Site Plan and Construction Plans. 2. As previously requested, show existing locations, size, and types of easements (buffer, utility, drainage, etc.) on the Final Site Plan and Construction Plans. 3. Show existing sidewalk along SW Kanner Highway on Final Site Plan and Construction Plans. Demonstrate how the proposed sidewalk on site ties into the existing sidewalk along SW Kanner Highway. Item #3 Stormwater Management Materials Item #4 As previously requested, submit a stormwater maintenance plan describing in detail the operation and maintenance of the stormwater management system in order to ensure the perpetual functioning of the system. This plan should include a detailed checklist of items that must be inspected on an annual basis, or more frequently as necessary, for the proper operation of the system. The stormwater maintenance plan shall ensure that all areas within the stormwater management system have a plan for the removal of nuisance exotics. In addition, the continued monitoring of nuisance exotics shall be included in the maintenance plan to ensure that no regrowth has occurred. [MARTIN COUNTY, FLA., LDR SECTION (2015)] Stormwater Management Plan 1. Lot 3 is included within the master drainage system for the Kanner Business Park (Permit # P). Under the original permit, the stormwater attenuation and water quality for the entire development is addressed within the master stormwater management system. Lot 3 relies on the Master Drainage System for stormwater attenuation and required water quality to meet Martin County requirements. Demonstrate how the proposed stormwater system discharges into the master stormwater system. The intent of the existing inlets within lot 3 was not only for the drainage for the access easement but also for the purposes of connecting Lot 3 to the master drainage system. 2. Demonstrate how the minimum finished floor, pavement and pervious area elevations established within the master stormwater system are met. Provide documentation of the permitted thresholds for the master stormwater management system. If permitted thresholds are exceeded, additional attenuation will be required. Page 7 of 15

8 3. The permitted finished floor listed on Sheet C3.0 of the Construction Plans (11.04 NAVD) inconsistent with the permitted master stormwater system (10.54 NAVD/ 12 NGVD). 4. Demonstrate how the perimeter berm for the master stormwater system is being met along the eastern and western boundaries of the lot. 5. Revise the Seasonal High Water Table (SHWT) elevation within the stormwater report for consistency with the SHWT elevation established with the master stormwater management system (4.46 NAVD / 6.00 NGVD). 6. The bottom of the dry retention area must be 1 above the SHWT. 7. Compliance with the Recovery analysis requirements will be assessed once revisions have been made. Provide a recovery analysis that demonstrates that the retention area recovers half of the water quality treatment volume within 24 hours and five days (4.385.F.4.a). Item #5 Stormwater Management Construction Plans 1. Provide details for curb transition at rear of lot. 2. Provide existing grades on property line between lots 3 and 4. If proposing to change existing grades along the property line, provide a temporary construction easement from the adjacent lot owner. A Development Order cannot be issued until a construction easement is provided. 3. As previously requested, provide a note that states that all disturbed areas will be stabilized (seed or sod) within 30 days of construction completion. Provide method of stabilization. N. Determination of compliance with addressing and electronic file submittal requirements Growth Management and Information Technology Departments Findings of Compliance 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 / plat 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. (2018). Unresolved Issues Electronic File Submittal Item #1 No new AutoCAD final site plan dwg file was received with your resubmittal. One must be submitted with each round of review even if the last round was a comply. It must match the pdf version of the final site plan. O. Determination of compliance with utilities requirements - Utilities Department Water and Wastewater Service Page 8 of 15

9 Unresolved Issues: Item #1: Drawings Must Be Approved The construction drawings must be approved by the Utilities and Solid Waste Department prior to sign off by the Department of permit applications and agreements. [ref. Code, LDR, s.10.2.b.5. Code, LDR, Art.10] Item #2: Must Submit Agreement The applicant must submit an executable, final draft water and wastewater service agreement to the Growth Management Department for review by the Legal and Environmental Services departments prior to approval of the final site plan. The 'Water and Wastewater Service Agreement' must be executed and the applicable fees paid within sixty 60 days of final Martin County approval of the request. Wellfield and Groundwater Protection The applicant must submit information concerning the source for irrigation prior to approval of the Site Plan. [ref. Code, GEN, s Code, GEN, Ch.159, Art.6] The development application is in noncompliance with the requirements of the Wellfield and Groundwater Protection ordinances. P. Determination of compliance with fire prevention and emergency management requirements Fire Rescue Department Fire Prevention Findings of Compliance: 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 Unresolved Issues: Item #1: Identification. Parking space identification signs shall include the International Symbol of Accessibility complying with Signs identifying van parking spaces when required by shall contain the designation van accessible. **Martin County s requires a $ value on the fine sign attached to the accessible parking sign** Each such parking space must be striped in a manner that is consistent with the standards of the controlling jurisdiction for other spaces and prominently outlined with blue paint, and must be repainted when necessary, to be clearly distinguishable as a parking space designated for persons who have Page 9 of 15

10 disabilities. The space must be posted with a permanent above-grade sign of a color and design approved by the Department of Transportation, which is placed on or at least 60 inches (1525 mm) above the finished floor or ground surface measured to the bottom of the sign and which bears the international symbol of accessibility and the caption PARKING BY DISABLED PERMIT ONLY. Such a sign, erected after October 1, 1996, must indicate the penalty for illegal use of the space. Any provision of this section to the contrary notwithstanding, in a theme park or an entertainment complex as defined in Section in which accessible parking is located in designated lots or areas, the signage indicating the lot as reserved for accessible parking may be located at the entrances to the lot in lieu of a sign at each parking place. (2014 FBC, FIFTH EDITION\ACCESSIBILITY 502.6, ) Remedy/Suggestion/Clarification: 3/12/2018 Parking dimensions, markings and signage need to be on Site Plan. Item #2: Detectable Warnings. Curb ramps subject to Department of Transportation regulation 49 CFR shall have a detectable warning complying with 705. The detectable warning shall extend the full width of the curb ramp (exclusive of flared sides) and shall extend either the full depth of the curb ramp or 24 inches (610 mm) deep minimum measured from the back of the curb on the ramp surface. Remedy/Suggestion/Clarification: 3/12/2018 Detectable Warnings at vehicular crossings need to be shown on Site Plan. Item #3: Article 4, Div. 19 Section B. Bicycle and pedestrian access. 1. Opportunities for bicycle/pedestrian mobility should be enhanced through site design strategies and bicycle/pedestrian access ways that seek to shorten walking distances and increase accessibility between neighborhoods, schools, recreation areas, community centers, shopping areas or employment center as follows: a. Sidewalks connecting residential developments to the sidewalk system of surrounding roadways. b. An accessible route within the boundary of a site shall be provided to meet the requirements of the Americans with Disabilities Act. c. Bicycle/pedestrian ways connecting residential developments and or nearby schools, neighborhood community centers, churches, parks, commercial and office developments, or other compatible land uses. Remedy/Suggestion/Clarification: 3/12/2018 Show accessible route connection to adjoining property to the north. Page 10 of 15

11 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, LDR, Martin County, Fla. Therefore, the Department of Health was not required to review this application for consistency with the Martin County Codes. Martin County School Board N/A The applicant has indicated that this application is for a non-residential use. 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 Review ongoing: 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 Section 5.32.D., LDR, Martin County, Fla. (2016), for a Certificate of Adequate Public Facilities Reservation. Potable water facilities Service provider - Martin County Findings - available Source - Utilities and Solid Waste Department Reference - see Section O of this staff report Sanitary sewer facilities Service provider - Martin County Findings - available Source - Utilities and Solid Waste Department Reference - see Section O of this staff report Solid waste facilities Findings in place Source - Growth Management Department Stormwater management facilities Findings - pending Source - Engineering Department Reference - see Section M of this staff report Community park facilities Findings in place Page 11 of 15

12 Source - Growth Management Department Roads facilities Findings in place Source - Engineering Department Reference - pending Public safety facilities Findings in place Source - Growth Management Department Reference - see Section P of this staff report Public school facilities Findings in place 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: Post Approval Impact Fees: Impact fees must be paid after the development order has been approved. Submit a check made payable to Martin County Board of County Commissioners within 60 days of project approval. Item #4: Recording Costs: The applicant is responsible for all recording costs. The Growth Management Page 12 of 15

13 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 #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: Original and one (1) copy of the current Unity of Title in standard County format 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 so that no transfer has occurred. Item #7: Ten (10) 24" x 36" copies of the approved construction plans signed and sealed by the Engineer of Record licensed in the State of Florida. Fold to 8 by 12 inches. Item #8: Ten (10) copies 24" x 36" of the approved site plan. Item #9: Original approved site plan on Mylar or other plastic, stable material. Item #10: 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 #11: One (1) digital copy of site plan in AutoCAD drawing format (.dwg). The digital version of the site plan must match the hardcopy version as submitted. Item #12: Original of the construction schedule. Item #13: Two (2) originals of the Cost Estimate, 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. Item #14: Page 13 of 15

14 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. Item #15: Two (2) copies of the documents verifying that the right-of-way, property, or easements have been adequately dedicated to the Board of County Commissioners and recorded in the public records of Martin County. Item #16: Original and one (1) copy or two (2) copies of the executed and signed Water and Wastewater Service Agreement with Martin County Regional Utilities and one (1) copy of the payment receipt for Capital Facility Charge (CFC) and engineering and recording fees. 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. Item #1: ENVIRONMENTAL PERMITS The following permits must be submitted prior to scheduling the Pre-Construction meeting: 1. Florida Fish and Wildlife Conservation Commission (FWC) listed species permit or plan Item #2: The following permits must be obtained prior to scheduling a Pre-Construction meeting: 1. South Florida Water Management District (SFWMD) Environmental Resource Permit (ERP) 2. Florida Department of Environmental Protection (FDEP) NPDES Generic Permit for Stormwater Discharge for Large and Small Construction Activities 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: $8, $8, $0.00 Inspection fees: $4, $4, Advertising fees*: TBD Recording fees**: TBD Mandatory impact fees: TBD Non-mandatory impact fees: TBD Page 14 of 15

15 * 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: Stuart Kanner 1 LLC 2257 Vista Pky # 17 West Palm Beach, FL CPH, Inc. Daniel Moyer, P.E Altamont Avenue Fort Meyers, FL dmoyer@cphcorp.com 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 Z. Attachments Page 15 of 15