Item Coversheet

7.

CITY OF STUART, FLORIDA
AGENDA ITEM REQUEST
CITY COMMISSION

Meeting Date:  8/9/2021 

Prepared by:  Tom Reetz

Title of Item:

KANNER HIGHWAY CPUD - COSTCO (QUASI-JUDICIAL)(RC):

 

ORDINANCE No. 2466-2021; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE CITY’S COMPREHENSIVE PLAN, THEREBY ASSIGNING A FUTURE LAND USE DESIGNATION OF “NEIGHBORHOOD SPECIAL DISTRICT” TO THE 49+/- ACRE PROPERTY, OWNED BY NEHME HOLDINGS, LLC AND WILLOUGHBY GROUP, LLC LOCATED ALONG SR-76 KANNER HIGHWAY, SOUTH OF MARTIN COUNTY HIGH SCHOOL AND ABUTTING LYCHEE TREE NURSERY; SAID LAND, ANNEXED BY ORDINANCE No. 2327-2016 AND ORDINANCE No. 2337-2017,  BEING MORE FULLY DESCRIBED IN EXHIBIT “A” ATTACHED; AND CONCURRENTLY ASSIGNING “CPUD” ZONING TO SAID LAND ON THE CITY’S OFFICIAL ZONING MAP; ESTABLISHING THE KANNER CPUD COMMERCIAL PLANNED UNIT DEVELOPMENT, CONSISTING OF 162,020 SQUARE FEET OF RETAIL, BULK MERCHANDISE, AND AUTOMOBILE REPAIR SERVICES BUILDING FOOTPRINT WITH A STAND ALONE KIOSK AND FUEL FACILITY, 378 RESIDENTIAL APARTMENT UNITS AND RETAIL AND RESTAURANT PADS PROVIDING FOR APPROVAL OF A MASTER SITE PLAN; PROVIDING FOR DEVELOPMENT CONDITIONS, INCLUDING A TIMETABLE OF DEVELOPMENT; DECLARING THE PROJECT TO BE CONSISTENT WITH THE CITY’S COMPREHENSIVE PLAN; PROVIDING DIRECTIONS TO THE CITY CLERK; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE, PROVIDING FOR ACCEPTANCE BY THE APPLICANT AND FOR OTHER PURPOSES.

 


Summary Explanation/Background Information on Agenda Request:

On May 24, 2021, the City Commission unanimously approved the Kanner CPUD based upon the representation that the applicant would comply with 12 new conditions. The project was transmitted to the Department of Economic Opportunity (DEO) for review. The review was completed under the expedited state review process and the Department identified 'no comment' related to adverse impacts to important state resources and facilities within their authorized scope of view concerning the proposed large scale land use amendment. The letter did, however, provide two 'technical assistance comments' that do not form a basis of a challenge. See attachment C.2  DEO response letter dated June 25, 2021. Staff provide an analysis of maximum potential Future Land Use build-out at attachment B.3 to address the DEO technical comment.

 

Since the First Reading and in response to conditions of approval, the applicant has provided explanation for the following:

 

1. 5% Density Reduction - A 5% density reduction was accomplished by reducing the dwelling one-bedroom units bringing the total to 378 units, a reduction of 20 units.  Resulting in a decrease in density and an increase in landscaping area and open space.

2. Fertilizer Use - Fertilizer use is now a condition of the ordinance, (Exhibit C, #33) prohibiting the use of herbicides with glyphosate.

3. Pervious Parking - Pervious parking is now provided in the form of pervious pavers within the Costco parking area adjacent to the connector road and in the proposed connector road roundabout.

4. Oaks/Shade Trees - Oak trees now make up 83% of required shade trees. Plum trees are provided within the parking diamonds.

5. Fountains in Lakes -The applicant has agreed to add fountains in the proposed lakes.

6. Fence in front of Lake 2 adjacent to the connector road has been removed resulting in a more open plan.

7. Irregular shaped lakes continue to be provided with the addition of Littoral plants within the proposed Lakes.

8. The roadway will not be named Costco Blvd., The applicant welcomes suggestion from the Commission.

9. The decorative Roundabout feature now consist of natural cap-rock, water features and landscaping. The design approach is to extend the natural native landscape palette and ‘water’ experience (lakes and storm-water improvements) within the connector road green-way.

10. The applicant is no longer asking for fill credit, however, is asking for pervious pavers and concrete credits in respect of tree replacement and storm-water.

11. Breakdown of Tree mitigation - A full breakdown of Tree mitigation has been provided on the Landscape Plans. The applicant is proposing to meet 100 % of the required mitigation on-site using new plantings and innovative storm-water improvements.

12. Storm-water function-monitoring and reporting is now a condition of development (Exhibit C, #23.c) with samples taken and analyzed for nutrients prior to and after completion of the project. See Attachment D.1 - Applicant response to 1st Reading Conditions of Approval.

 

Local Planning Agency Conditions of Approval


On April 29, 2021, at a Special Local Planning Agency Meeting, the LPA unanimously approved the Kanner CPUD proposal, recommending that the applicant address certain conditions of development prior to First Reading, these being:

 

1. Consider the Architectural, Urban design/layout and a variety of unit styles/types/design of the residential portion to get a better sense of community. Including the connectivity through and between parts of the site; internal and external sidewalks/multi-modal paths pedestrian safety etc. 2.  Provide shade trees in the parking area, possibly a reduction in parking spaces.

3.  Revise the design of the lakes to make them less rectangular/formal.

4. Provide explanation of the calculation that would be used to determine stormwater improvements.

5.   Provide Enhanced crossing signals at the intersections for walkers and a bus stop.

6.   Provide Full Crosswalk design at each curb cut (Kanner & Willoughby)

7.   Provide a Bus Stop near the roundabout located on site.

8.  Provide an updated concurrency review prior to construction approval docs. Since then, the applicant has re-submitted revised Site, Landscaping, Photo-metric and Architectural Plans, along with Architectural Elevations. *Note: The applicant met all LPA conditions prior to First Reading.

 

Background Information


The intent of this application is to assign CPUD zoning and a Neighborhood Special District land use designations to property recently annexed in order to construct a 162,020 sq.ft Costco Wholesale building with standalone kiosk and fuel facility, 378 residential apartment units, retail and restaurant buildings and approve a Master Site Plan including a connector road between S. Kanner Hwy. and SE Willoughby Blvd.

 

The applicant is proposing 193,146 sq. ft. of commercial building area and 378 apartment units within 4 (four) 4-storey buildings with a density of 7.7 dwelling units per acre for the 48.99 acre site. The City's Comprehensive Plan, Policy A7.2 Table of Land Use Densities and Intensities allows up to 15 dwelling units per gross acre for the Neighborhood/Special District Land Use category. 

 

Traffic improvements to S. Kanner Highway include the addition of a signalized entry with full turning movement, a left-turn lane for southbound traffic and a right-turn lane for northbound traffic. A controlled directional access median break (left-turn in, right-turn in, and right-turn out only) will be provided at the northern portion of the site. A right-turn in and right-turn out with no median break is proposed for the southern portion of the site. An eight (8) foot wide sidewalk will be constructed within the S. Kanner Highway right-of-way offset from the western property boundary (revised since first reading) to connect the existing adjacent sidewalks to the north and south of the property entrance.  Pedestrian routes will connect to the sidewalk within the right-of-way (offset from the connector road) to provide access to the buildings. Sidewalks internal to the development shall have a minimum width of 6 feet.

 

A total of 1,672 parking spaces are provided for the development with the parking for the Costco Wholesale building being sufficiently parked at 1 parking space for every 250 square feet of building with additional parking available for customers that is being offset with additional landscaping at the projects entrance.

 

The proposed project's master storm water management system consist of a series of interconnected wet detention lakes and dry retention ponds. The system satisfies criteria of the South Florida Water Management District (SFWMD), City of Stuart, Florida Department of Transportation. (FDOT) The applicant will provide monitoring reports at regular intervals.

 

The proposed system will expand the existing FDOT lake on-site that currently serves Kanner Hwy. The design also includes littoral plantings at the project's proposed lakes and expanded D.O.T. pond that are stated to reduce the storm water system of excess nitrogen and phosphorus and potentially could count towards offsetting a portion of the project's tree mitigation requirement.

 

The applicant is asking to depart from the to the City's Land Development Code which may be offset by providing other aspects of the project which exceed code requirements and or are amenities of value to the community. The departure is as follows:

 

1. Parking Code Section 6.01.13: Multi-family dwelling units (studios or 1 bedroom) require 1.5 spaces per unit; Multi-family dwelling units (2 or more bedrooms) require 2 space per unit. Required parking for the project is 692 spaces and the applicant is providing for 647 residential spaces.  An average of 1.71 parking spaces per unit.  Note: the city has accepted an average of 1.6 parking spaces per unit for multi-family development in the recent past.

 

2. Parking Code Section 6.01.14.C Within an large commercial development which provide shopping carts for use by patrons, one parking space per 25 spaces shall be dedicated for the storage of shopping carts. This storage area shall include fence materials to keep the shopping carts in the space. Required spaces to be dedicated for storage of shopping carts is 24 and the applicant is providing 16 spaces for cart storage.

 

3. Landscaping Code Section 6.04.07C.5  Interior landscaped islands shall be provided between every ten (10) parking spaces. Each interior island shall be not less than six feet in width. Each interior island shall contain not less than one shade tree and a combination of shrubs, ground cover, grass and mulch. The commercial parking areas for Costco building's parking lot contains 18 rows with more than 10 spaces without a landscaped island. (The applicant has provided diamond landscaping between parking spaces at the Costco parking area planted with plum trees)

 

NOTE: Staff has received correspondence (emails) from citizens since the First Reading in relation to this item. See Attachment G.1 Emails received since First Reading.



Funding Source:

N/A

 



Recommended Action:

Staff’s recommendation is that the Commission consider the application and either find the application:

A. In compliance – Approved

B. In compliance subject to stated conditions or modifications;

C. Not in compliance – Not approved

 

 

 

 

 

 


 

ATTACHMENTS:
DescriptionUpload DateType
A.1 Ordinance 2466-20218/4/2021Ordinance add to Y drive
A.2 Ordinance 2466-2021 Exhibit D(1)7/30/2021Ordinance add to Y drive
A.3 Ordinance 2466-2021 Exhibit D(2)7/29/2021Ordinance add to Y drive
A.4 Ordinance 2466-2021 Exhibit D(3)7/29/2021Ordinance add to Y drive
A.5 Ordinance 2466-2021 Exhibit D (4)7/30/2021Ordinance add to Y drive
B.1 Staff Review7/29/2021Staff Report
B.2 Staff Code Review7/29/2021Staff Report
B.3 Staff Maximum Buildout Analysis8/2/2021Staff Report
C.1 Applications7/29/2021Attachment
C.2 DEO review letter7/29/2021Attachment
C.3 Treasure Coast Regional Planning Council Action8/1/2021Attachment
D.1 Applicant response to 1st Reading Conditions of Approval7/30/2021Attachment
D.2 Traffic Review comments and response7/30/2021Backup Material
D.3 Engineering Review Comments8/4/2021Exhibit
E.1 Published Public Notice in newspaper7/30/2021Attachment
F.1 Stipulation regarding Quasi-Judicial Hearing for Second Reading7/30/2021Backup Material
F.3 Linda Richards Intervenor application-opinion testimony report7/30/2021Exhibit
F.2 Bob Raynes opinion testimony report7/30/2021Exhibit
F.4 Brian DiVentura Intervenor application-opinion testimony report7/30/2021Exhibit
G.1 Emails since First Reading8/1/2021Attachment