##VIDEO ID:g6SsrepEt90## e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e I hit myself mics are [Music] live can we call a meeting to order meeting of the local planning agency of December the 5th you don't sound like you're on got on that's a button just to tell has nothing to do with the mics okay speak into the mic just speak into the mic you have to turn this button here on no the button just lights up the light okay yeah can we call this meeting door can you hear me okay can we call the meeting to order this the lp me LPA meeting of December the 5th uh there are no M minutes for this meeting um and we only have one item on the agenda and I'll call mrat so this is an expar uh I mean this is a quasa Judicial proceeding so we need to go through the quasa judicial steps I have no expart Communications to divulge other than I have read in various um uh posts about this meeting and that there are substantial um comments from the public about it Howard okay um exactly what I don't know I have no export they call it um the only thing is just tonight I read a lot of what the public is saying about it and then what I owned did on as far as uh what was presented Rick I spoke to staff okay no expart on my part do we have any interveners there are no interveners okay um staff presents we just need a where the all Witnesses who are going to provide testimony please stand and raise your right hand if you're if you are just speaking not public not public just the applicant and staff thank you though yeah you all don't have to be under it good raise your right hand do you swear or affirm that the evidence you're about to give will be the truth the whole truth and nothing but the truth I do all parties testifying or sworn in um staff presents John thank you Mr chairman good evening members of the LPA I'm John Senate senior planner with growth management copy of my work history ladies and gentlemen if I can't hear that means you can't hear so please I'm John Senate senior planer with growth management a copy of my work history has been filed with the clerk I'm presenting the Wawa caner and locks major final site plan application this is a request by engineering design and construction on behalf of caner Investment Partners for approval of a major final site plan to construct an approximately 5,537 ft convenience store including 12 fueling stations and Associated infrastructure the subject site consists of an approximately 2.29 acre undeveloped parcel located at the southwest corner of Southwest Locks Road and Southwest caner Highway in Stewart included is a request for a certificate of public facilities reservation the site is located approximately 7 miles Southwest of the I95 interchange on caner Highway in Stewart it's located about half a mile east of the intersection of Locks Road and tropical Avenue the property is Zone GC General commercial to the north and west we see the R2 zoning District to the Southwest west across caner Highway we see the LC limited commercial zoning District the r3a zoning District the A1 zoning district and The Florida Club PUD the future land use designation of the property is General commercial to the north and west we see the estate density 2 UPA designation and to the Southwest across caner Highway we see the limited commercial future land use designation this proposal is for an approximately 5,5 137 ft convenience store including 12 fueling stations stations and Associated infrastructure the proposed use is consistent with the existing General commercial zoning district and The General commercial future land use Ingress egress is proposed from Southwest Locks Road and from Southwest caner Highway the Ingress to the site from Southwest Locks Road is proposed to be a right in only with a new turn lane proposed egress onto Locks Road would be a write out or left out from caner Highway Ingress would be a right in or left in with new turn Lanes proposed egress onto caner Highway from the site would be a ride out only as a condition of approval the owner is required to dedicate rideway along Southwest Locks Road and a 10-ft drainage easement along the western property boundary the required due diligence materials have been reviewed by the real property division of Public Works and have been approved this is the site plan the caner highway Frontage is along um the bottom of the plan you can see the new left turn lane and the new right turn lane and as I said before the eress onto caner Highway would be a right out only and along the uh The Locks Road front edge over here towards the top we see the new right turn lane proposed the Ingress to the site from Locks Road is right in only there would be no left turn light no left turns in permitted uh leaving the site going onto Locks Road would be a left out or right out the development is subject to Martin County Land Development regulations Article 4 division 20 commercial Mark commercial multi family and Industrial design the applicant is requesting alternative compliance from certain commercial design Provisions for the right and the rear facade this is related to building massing and facade transparency staff recommend approval the board of County Commissioners is the final decision maker for this application this is the front of the Wawa fairly standard Wawa facade this is the right facade or the North facade here we see the faux Windows proposed this is the left facing facade it faces Southwest towards caner highway is where the outdoor seating area is proposed this is the rear facade with the ice Mach ice machine and dumpster enclosure over here we see again faux Windows along the rear development review staff have found the caner Investment Partners application to comply with all applicable regulations and the comprehensive growth management plan as detailed in the staff report staff recommend approving the major final site plan application for Wawa caner and locks that concludes my presentation any questions from the LPA I have a couple questions for staff um can you give me a little bit of the history of the limited commercial zoning across the way for the CSA properties The Limited commercial pull up our zoning map here looks like it was likely reson to Li limited commercial back in 2004 with this parcel being most likely rezoned in 2015 it looks like it was originally assigned The Limited commercial future land use back in 198 to and when was The General commercial granted to the property that is in question that was re the property was rezoned in 2017 prior to that its zoning District was r3a that's a category C zoning District that which would have been assigned to the property in 1967 the r3a zoning District had a variety of permitted uses uh including gas stations so what was the applicant for that resoning to General commercial I believe it was just the the property owners at that time Mr and Mrs relli okay and there's been some commentary in the in the um public about the uh drainage swail and some tree removal can you point to those trees so it would be along the the Western Property boundary um this is where the new uh 40 foot landscape buffer and bio retention storm water area are proposed I do actually have the the landscape plan pulled up you can see this is the bio retention storm water area along with the buffer and can you identify which trees exist uh the big canopy shade trees that will have to be removed in order to provide the BIOS whale uh I don't have that plan in front of me there are two large Oaks along the caner highway Frontage um down here towards the middle South that uh will be preserved those large diameter Oaks along caner Highway maybe we can get that from the applicant when when the applicant presents absolutely those are the questions that I have right away thank you very much no problem I just have a quick one to did you say uh did I understand that there was a gas station there before no a uh a gas station would have been a permitted use on the property uh even before the property was rezoned in 2017 okay I have a question so tell me about the alternate compliance with the facade yes the uh so to give you an overview of the commercial design regulations in our in our ldr um one of the purposes of those is to prevent you know boring long rectangles um in this case the applicant is requesting alternative compliance along the rear facade you know their back of house operations this is just related to our transparency uh regulations normally 40% of a primary facade uh should be occupied by you know transparent windows in this case since this facade would look in towards their you know walk-in coolers um the applicant provided adequate jus ification for the use of faux Windows uh rather than transparent windows and same thing with the the right facade here um this facade fronts uh bathrooms and Walkin coolers therefore faux windows were determined to be appropriate um there was also alternative compliance requests related to building massing requirements uh the building massing um generally require articulations in wall planes since this wall plane is only about 55 seat uh the applicant was able to provide adequate justification to uh to Warrant um fewer articulations in the wall plane and what are you done I'm sorry no yes I'm done and what else is an accommodation for them tell me about the BIOS sale and and why that's a problem so um the applicant is proposing this type four landscape buffer in compliance with our code the amount of vegetation and the materials themselves are consistent with what is required for a type four landscape buffer um it is in the same location as their bio retention area so essentially this this storm water detention area will be planted with vegetation material that is consistent with a type four landscape buffer in fact in several respects the applicant has actually um I believe the majority of trees in this area are over the minimum required height of 14 ft I think most of these trees trees are actually between 16 and 18 ft tall um they're proposing sycamores uh bald Cyprus Magnolias uh red Maples and um Live Oaks so is that in and of itself not in compliance with the ldrs no sir the um our ldr reads that landscape buffers you know they could be located within such areas with good calls shown and subject to the discretion of the growth management director and has the Paul did you did you show your discretion um good evening members of the board Paul Schilling growth management director yes as John indicated uh we have a 40 foot landscape buffer that is going to be rated and and exceeding in scale the requirements of the vegetation uh I would also point out that we have a six- foot vinyl fence that's going along the east side of the drainage easement that is being dedicated to the county to facilitate historic flows of that drainage pattern from locks to caner uh and then the the simple in simple terms that depressional area will be approximately 3 feet and that will facilitate the storm water function of the site also benefiting the the um uh having the benefit of open space which has been exceeded in the site believe it's 40% somewhere thereabouts the minimum require part in the GC zoning district is 20% could I ask a question while we're on that topic sure is there engineered infiltration in that trench or is it simply a line Swale I believe it's not lined it's it's intended to uh infiltrate but it's not an engineered the French drain or any other UMC weigh in on that I'm not aware of that uh I do know there will be with the exception of a bulkhead um at that area if John points to that that one structure that will be running up up yes there there are flumes and there's a control structure and in fact the bottom will also be planted with prick roll weed and an arrowe head to kind of mimic what you know a wetland area might look like so it's intended to stay wet um I the applicant can can clarify that their engineer of record is here um but it will be a bio retention storm water detention area and with the zoning that is currently on the property they're not asking for resoning no sir this use is perfectly allowable correct so we are we are not giving them anything more than what they are entitled to with the zoning is that correct correct thanks uh Rick any other questions no interveners applicant the the applicant is turning in the U Affidavit of mailers good evening board members uh Tyson Waters from the law firm of fox McCluskey here on behalf of the applicant I want to thank staff for um their their work on part of this project as well as their staff report and their presentation tonight I think it did a very nice job of giving an overview um in a minute I'll have David baggot from Haley Ward come up here and give a more detailed presentation an overview and description of what we're doing on the site what's proposed and some of the nuances that have been asked here tonight um but before I do that because there's been some questions and confusion and concerns about the proposed use and what's allowed or what's not allowed I do want to walk you through the history of the property for just a little bit um John's mentioned some of this but uh from your original zoning codee in 1967 convenience store and gas station has been a permitted use on this site there was a mandatory rezoning back in 2017 just to update it from that category C to the current zoning designation but the use of a convenience store and gas station has been permitted and allowed on the site since 1967 um the original comprehensive plan and future land use map from 1982 designated this piece of property as commercial General again which allows and contemplates convenience stores and gas stations on a site like this uh the current property owner has owned this property since 1984 again with the expectation and understanding based on the existing land use and an existing zoning this is a permitted use um so essentially for the past 60 years a gas station and convenience store has been allowed permitted use on this site and I think that's important as Mr campenni already noted we're not asking for a comprehensive plan change we're not asking for a land use change we're not asking for a zoning change and we're not asking for an amendment to the Land Development regulations what we are asking is that you follow your comprehensive plan you follow the land use map and the zoning map and you follow the terms of the Land Development regulations we're also asking that you listen to the paid professional staff that you have at the county that have given this a very thorough review and as you've seen in the staff report we comply with the Land Development regulations we comply with the comprehensive plan we comply with the current terms of your regulations and ordinances for a use like this the only reason we're here is because gas stations are deemed a special category and trans and and change this from a minor site plan to a major site plan so if we had come forward with a fast food restaurant with a u with a drive-through we wouldn't be here tonight we would have done been done at a staff level approved and on our way but we're here tonight because it's a gas station and we're going to demonstrate and we have demonstrated with staff that we comply with all of your regulations so with that I would ask you to accept staff's position and their recommendation and I'd ask that you make that same recommendation to the board of County Commissioners and with that I'll turn this over to David baggot to give you more in-depth presentation about the project that's in front of you I got the remote here John all right good deal evening board members I'm David bager with EDC Haley Ward civil engineer on the project um first want to say I've been uh had the pleasure of uh presenting this project before you here tonight um worked to Martin County for many years and seen the es and flows of development and uh was excited with the opportunity tonight to bring you a project just as Tyson um described one that has consistent zoning consistent land use satisfies the comprehensive plan in the ldr um and and uh want to share some information hopefully answer some of the questions that we noted um to staff's presentation along the way for your consideration recommendation um I'll do my best to try and not rehash too much of the stuff that John shared a lot of the information you may still same but I will stop on the slides that I think are worth elaborating on and answering some of those questions uh the Project's located west of I95 in Turnpike on caner Highway and Locks Road um a little closer zoom in there um to see the project area parcel area important to note that the parcel is 2.29 Acres as it stands we are however making a rideway dedication uh to the county along Locks Road to provide uh additional rideway back to Locks Road there um the application for your consider for consideration of approval includes 2.29 Acres like I said 2.1 One n after the rideway dedication includes a 5500 ft convenience store 12 heing stations with canopy and Associated Landscaping access stormr management utilities um as Tyson elaborated you know and uh the current uh the zoning under the original zoning map in 1967 was r3a with gas station as a permitted use that's 57 years of history on this site dating back with gas as a permanent use uh some of the 1982 land use under the County's original comprehensive plan uh 42 years in age uh had commercial General uh as the land use um the proposed site plan uh is compliant with the existing zoning of General commercial compliant with the existing land use commercial General compliant with the Land Development code and comprehensive uh plan um the application also satisfies concurrency level of service and adequate public facilities per article 5.32 uh this is just a another view at the land use map with the commercial uh General land use a zoning map with General commercial zoning um so we'll elaborate a little more on the on the permitted use here uh once again uh commercial General uh land use and General commercial zoning um within The General commercial zoning a a a categorized breakdown of permited uses is is in the code um and under that categorized breakdown gas falls into what is uh known as vehicular service and maintenance so following that path and using the ldr's uh Matrix uh for General commercial vehicular service and maintenance is a permanent use and just to be sure that that is outlined in table 3. 11.2 um as Tyson mentioned this application is here before you tonight because it is considered a major site plan um vehicular service and maintenance including gas stations is allowed but requires commissioner and an LPA approval or LPA recommendation I should say um as a minor site or as a major site plan um I provide some some other permitted uses on this site only to say that there is other avenues for this site to be developed in the future there there other potential projects uh without this that get I would say potentially less consideration less input less less feedback from the LPA from the board from the public from uh staff from our team um so I see as a benefit here is that this Project's been heavily FedEd heavily reviewed gotten a lot of feedback as opposed just a pure objective view with against the ldr and some of the uses that could be you know approved as a minor site plan are listed below shooting ranges pain management clinics kennels car washes storage facility Funeral Home Retail Services uh you know even even as far as the live local act even though the site's geometrically constrained um but that that particular act actually would allow for a four-story building on a site like this um so stepping through some of the development regulations just showing ldr versus our proposed site plan we meet or exceed all the criteria I think it's interesting to see that The General commercial zoning allows for up to 60% building coverage where between the convenience and the canopy we're only at 11.33 um under the max height as as Paul noted we're close to 41% open space versus the code minimum of 20 uh just comparing some more of that the setback requirements we don't have a a side setback per se because we have RightWay on three property lines uh we do have have a rear setback requirement uh to the residential property to the west of us which we well exceed the minimum required this is another look at the site plan um for those that don't like looking at engineering plans here's a color version of the site plan um showing the orientation of the store towards the intersection of caner and locks um for utilities um there's existing water and sewer stub already out to the property um planning for eventual deel eventual development of this uh property and um those are the connections that we're going to utilize for the project um spending some time on the landscape buffers uh where we this use a buts residential we're required to have a type four landscape buffer um and I'll elaborate a little bit what that is but just to clear there you'll see the term buffer yard used that's used a little bit interchangeably with buffers where the buffer yard constitutes the area of the buffer and the buffer is really the the width of it um a type four buffer yard is 40t wide landscape strip with a 6 foot high opaque fence wall or BM uh and at least one tree and 34 shrubs shall be provided for every 300 F feet so if you think about that that's a 30 foot length 10t wide where you would have one tree we we well exceed how much trees we've packed in on on that buffer on the western boundary um which is where this would apply trees must be at least 14 feet in height and a 3-in caliper uh what we propose is the 40ft strip plus an additional 6 and A2 because we wanted to get some more planting on on the uh east side of the bio retention area with native trees and shrubs we have a 6ot high opaque fence on a three-foot BM so to put that in context and I have a section here to show that that's elevated above the existing grade of the property line uh at the the adjacent residential property um the bio retention uh areas planted entirely with native trees and Wetland vegetation uh to provide additional removal of nitrogen and phosphorus so I think the question was asked is it is it does it is it to be infiltrated or does it just hold water um the reason why we put Wetland vegetation in there is because you can expect in the wet season that it's going to be frequently at least saturated but it is designed to percolate um it meets the County's uh criteria and the ldr for Recovery which is what we another term for infiltration um for drawing that water back down in a suitable amount of time uh the project proposes the following uh buffer along the rway which is 10 ft planted with native trees and shrubs we are preserving uh two large Oaks along caner highway and then we've got another bio retention area at the corner of locks and uh and caner um not just on the west side we we've made both both of those retention areas the same design um so here's a visual of that with the buffer areas hatched you can see on the western boundary we've uh packed that area which as much vegetation as we can the the trees are dotted uh with the fuzzy outline of the circles with that dark hatch in the middle being where you have pickle Reed sagittaria other uh you know Wetland or emergent vegetation in there that'll be suitable for that system um in red I circled the two large Oaks that we're going to be preserving along caner um and the trees around the rest of the property this is a section view along the western property boundary abing the residential um used next to us um as you can see the fence will be placed on a BM elevated above existing grade of that property uh so we get true screening along that side and vegetated on both sides um we've got some renderings of the lines of sights as you would see the site from the right of way uh this is caner Highway traveling west so if you had just gone through the intersection at locks and we're heading west on caner Highway uh this is reflective of that view um this is if you were in the inner section of caner and locks looking towards the corner of the site with a bio retention area on the corner this is the view as if you were traveling East towards the intersection at caner Highway uh with the right turn lane and the restricted access this is from caner Highway looking at the 40ft buffer along the western boundary you can see the fully vegetated planted out area uh with the the undeveloped property being um further to the West outside the fence and you can see that the fence tucked in back there and I guess I'll go back a slide or two or wait it's on the next one yeah so this would be looking at that same western boundary from Locks Road with the rows of trees and vegetation in the bio retention area and off to the very right hand side there the opaque fence some environmental information um our firm did an environmental assessment and a tree report um this year uh a summary of those findings is there's no native habitat on site it was historically cleared and maintained that way for quite some time and I've provided a couple Aerials to that effect down below um there's no Wetlands no D addal Wetlands on site um we are preserving the two larger Oaks along caner highway and out of the 111 trees planted per the ldr 98 of those trees are 88% are going to be larger than code minimum moving to the to the building um these are just some of the same renderings that you saw in John's presentation this is uh the canopy with its Stone facade [Music] columns um some of this was touched on during John's presentation and the the questions thereafter um the facades of the building are designed to meet the intent uh in the ldr of the mass or scale uh criteria where we don't want large square boxes I mean really really if you if you dig into that code the the heart of it is not to have a large flat facade white rectangular building that when you're driving along the road is just not appealing to look at um rather Wawa's architecture is is is contrary to that it's not massive or generic as as the code says that's what you want to avoid um instead we have awnings located over windows and doors outdoor seating decorative columns fascia and light fixtures uh and Peak through form um John touched on the alternative compliance and and I think he hit it spot on is that the reason it was applied here is because of the size of the building and because of that intent that I just explained is that there's a couple items in the code that are really meant to prevent just a big Square blocked building and that the uh the non-mirrored glass criteria is is good intent for most operations but you wouldn't want to see in the back of a deli or a fireo or back of house operations and so using faux Windows instead and still accentuating the architecture is is is a good call there um on the corner of caner and locks we will have a a architectural Monument going to access and traffic now and so um some more that John outlined is that we are proposing a right and left turn lane on caner Highway and I'll give you a little bit of background on that uh a right turn lane on lock Road as a means of in uh Ingress only and a restricted Ingress from any left turn movements entering on Locks Road so this project came into our hands in sometime in early 2023 and before we ever submitted an application to the county um one of the things we spent a lot of time on vetting was traffic and we spent a lot of time coordinating with County staff and the Department of Transportation to really look at what was going to be sufficient for Access here um what we found out in that process is without an alternative we were going to have to add a a left turn lane on Locks Road that would have backed up to the existing turn Lanes it was very clear to everybody that that was that was a no-o that that was uh something we would avoid at all costs because knowing that that intersection and its geometry already adding more stacking in the opposite dire Direction was just not going to work and so what we did is we went and uh applied to fdot to get a left turn lane on caner Highway what that allows us to do is that allows us to more full access off of caner Highway to keep as many trips as possible off of Locks Road um and then restricting the Ingress from Locks Road because that's really really where the heart of the traffic lives and dies is that routing traffic onto Lock Road was going to was going to cause the comp complic and so by restricting that we're keeping all the Ingress to caner Highway um other than what would what would approach from the uh the West on on logs road with the right turn lane um the project proposes uh actually I I I want to go back and make one other point here you know one of the reasons too is that without the arrangement of access to we have proposed on the site plan now we we end up with a condition that encourages U-turn movements in caner highways intersection um you can see there the picture I included was is the existing left turn yield sign there so what you have now is the ability when that to make a left turn when the traffic clears without a stop condition at at caner Highway and so what that turns into if you just have a Right End right out driveway let's say on caner highway is people making u-turns constantly to get into that access so the left turn lane that we were able to get from Dot and and there was a lot of convincing involved in that um but they they ultimately agreed that this was was the best condition that um could serve this site allows people to avoid making that movement which is ultimately what we wanted to avoid um the two driveways are proposed to allow more distribution of traffic restricted in ways that reduce new trips to lock Road um important to note that convenience in fuel have a high capture rate of existing trips and what is meant by that is 75% of the trips that are on the road already on the road and are 75% of the trips going to wa I should say already on the road um as opposed to new being strictly a new destination that they would go to um the proposed plan allows surrounding residential communties Ingress and egress to the site without unsafe U-turn movements on caner Highway um something else that came up along the way through the approval process was that Martin County Fire Rescuers requested us to install a fire Hydra on Locks Road um and so there are benefits there for uh the fire department to have access to that hydrant and have access via Lock Road bottom line is the proposed traffic does not impact the road level of service to an extent that warrants the addition of a turn lane at the signal from Lock Ro to caner Highway due to physical constraints the RightWay and additional turn lane would result in misaligned or substandard geometry Lanes at the existing intersection or signal those are important because these are all the things that we put through the their Paces as we were developing the site plan between County staff and Department of Transportation um just outlining the code uh code sections that were complying with Section 4.84 mobility and connectivity uh driveway location and design and section 5.32 of the ldr for adequate public facilities um these are excerpts from the final staff report the green outline there uh determining uh that the evaluation is positive um another section from the staff report outlining all the various sections of adequate public facilities pable water sewer Solid Waste storm water uh roads mass transit public safety um so speaking to the more to the land use and Zoning on the site um you know the right location uh the site is compliant with zoning land use it's consistent with the comprehensive plan in addition to all that uh it's high quality service to the communities west of I 95 in the turn bike as compared to like I I mentioned in my earlier slides a number of other uses on this property wa is a high quality uh uh service in this area the waa brand uh and store model creates a safe environment that integrates itself into the local community you'll see when Wawa stores open in that area they become where the First Responders you know go that they're often engaged in some of the events that Wawa puts on you know that that that 3:00 a.m. call uh for the Sheriff's Office out west of 95 I mean that's going to be a place where they'll go either before or after when they're making their rounds in that area so Wawa's um feeling safety and convenience um W has an impeccable health and safety record uh they met or exceed all EPA and fdp regulatory requirements and I've spent many many hours myself in in uh consultant uh meetings with them where they outline all the new technology that they have for spill prevention containment automatic systems I mean you can't drive away from a a fuel pump at Wawa with the gas handle in your car is still and and it breaks away and there's a spill they have automatic valves automatic sensing that that detect all that stuff um they've trained staff and underground storage tanks and operations of fuel facilities at every store um the project uh team did have a neighborhood meeting that was held on May 30th at Christ Fellowship on Pratt wiy um to summarize everything that you've heard tonight uh the property size will be 2.19 Acres that is after the 10th of an acre RightWay dedication on Locks Road proposes a 5,537 ft convenience store 12 feeling stations um construction of an eastbound right turn lane on Locks Road construction of an eastbound left turn lane on Lo Locks Road sorry or on caner Highway construction of a westbound right turn L on ker Highway uh there's no utility upsizing extensions expansion required we already have service at the boundary uh Native landscaping and buffering bio retention storm water management treatment uh and complies with 5.32 adequate public facilities for uh traffic utilities storm management Solid Waste public facilities and once more for good measure it it it is consistent with the existing zoning the existing land use and comprehensive plan and um with that we're happy to take any questions you have actually Ty I only have one question yes sir uh I know Jim you'll have many but uh does your traffic study show anything about stacking and what does it show about stacking well this the the signal has been analyzed in the in the traffic impact analysis and the distribution at the signal and that it doesn't trip any warrants for additional modifications at that signal I'm not sure exactly maybe you could refund are they got to ladies and gentlemen on hey everybody's going to have a chance to St but we just let him talk if we had if you're telling me that there won't be cars waiting I I'm a little in disbelief if you're telling me there'll be three cars or five cars stacked than I am more able so do you have a stat have you is your traffic study has it showed any stacking the traffic the traffic impact report that we submitted demonstrates what the existing St yeah maybe Luke more that good morning Luke Lambert here on behalf of or engineering and planning yes sir our analysis shows the intersection operations and it shows that we comply with concurrency requirements of the Martin County Land Development regulations so if you have any specific questions that you'd like I just ask do you does it show that they will be stacking at all either on it will only be on Lock Road does it show that cars will back up yes sir getting in yes sir it does yes sir how many cars does it show will be back it backs up so the analysis that we supplied shows the existing intersection operations and it shows what is proposed under a worst case scenario and so the ex the Q length that's in our traffic study shows a 95th percentile queuing back to 400 ft and for for the lay person how many cars is that hey hey come on give the guy a chance to talk please let him tell the truth he is telling the truth we got to give him a chance to tell the truth okay so just rough geometry sir so from the Stop Bar of the traffic signal at caner and locks there's about 250 ft to the driveway of Maron drive to the current residential Community that's there so 400 ft it would be another 150 ft past that so so there's substantial stacking happening that's a worst case scenario and so so can I ask you another question did did is pertinent to that one just because this is a Wawa and because ladies and gentlemen gasoline it's likely to have more boat trailer traffic than your average gas [Applause] station is is boat and trailer considered in your traffic counts so the simulation software doesn't really consider that it it considers the standard occupant vehicle of a car 25 ft per car length that's pretty typical so we're talking more than that considerably more than that considering locks landing and considering fips Park considering boat traffic on trailers using this as their primary gas [Applause] station thank you thank you I would think that that would be subjective to any different type of use any different type of day sir so I'm sorry uh do we have someone from the county who could verify those numbers sure uh we can have someone talk about traffic if you like uh uh I I think I would if you want to wait till the presentation is over that's fine too okay sure presentation's done I'm we're just here for questions okay well that's the only question I have so this is a considerably more impervious piece of property than currently exists I noticed in one of your photographs there was a storm drain on caner that I believe is going to be draining into that storm waterer retention area on the corner of locks and caner no sir no so that's going to the current storm water treatment facilities and so everything on your property is staying on your property and you are not ACC accomodating any of the storm water from either caner or lock road so we're providing conveyance continued conveyance of what drains off of Lock Road now Lock Road does not have a formal drainage system now however it drains through the property along the western boundary to a ditch uh that continues to the West off of our property boundary um there may be a a slide there I can I can get back to um so we're continuing conveyance of that everything within our property boundary we're treating and attenuating and retaining you know the applicable volumes for the County's ldr and South Florida Water Management District on site for caner Highway um there's already a permited uh drainage system that serves that roadway we're maintaining connectivity of that system really just across our driveway in the in the turn lane um when they widened caner Highway last time that Inlet that you saw in this picture uh it it used to convey and and was connected further to the west but they severed that connection it's really just a deadend Inlet right now um that connects underneath Locks Road and drains to the east okay so one of the one of the uh images you showed was of the bump out on the south side of caner highway on the CSA property and you were calling that the expansion of the uh leftand turning area but that that already exists are you saying the addition of the left turn lane well there's a left-hand turn lane but the space that you're getting for that is already exists on the right hand side or the the eastbound traffic side there if you look at the photographs that that within that that uh ellipse that bump out exists already on caner Highway in the bottom yeah I'm I'm I'm maybe I'm missing what you're saying about bump out that that's providing your leftand turning capacity on caner Highway that that's an additional left turn lane if you look at the photographs right turn lane and left turn lane now the left turn lane there's a there's a left turn lane at the intersection but it's a full section median right now as you go continue to the West we're cutting through that to add the left turn lane the right turn Lan exed outside the outside the bike lane okay do you have a photograph of that um John is there a way to yes so you're cutting through the median yes just south of where that left turn lane is or sorry west southwest I guess from where that left turn lane is for the intersection your arrow is considerably further to the West than than your property line no sir out some John yeah okay yeah so you're really just cutting through the median yeah okay you done because I have one other question yeah believe so what would happen if you didn't get the AC the architectural accommodation let's not talk about whether it's ugly or not what happens if you don't get the architectural accommodation you have to build according to code yeah you end up with Windows facing the res what happens to the project oh I think we would have to discuss that with our team but I think we you know that's my short answer right now is that we'd have to discuss that with the with the team I mean I think we're what we're aiming for is in best interest of what's around us and be architecturally sound and meet the ldr but you if if you did build to the ldr you would have to put real windows in correct and it may not be the best answer but you would have to do that so I'm asking if youly held to that yes yeah if you were strictly held to that yes and it would not be the best look no would not but it would it stop the project no probably not okay that's my questions I just have one and I'm just a little curious um the Wawa and the Monterey and what the caner does this have any bearings on it at all the waa that's there it's not a closure or anything for that one no no okay I'd like to if it's unless you have questions I'd like to hear from staff's traffic Jim Gordon Public Works director so you had a question about the queuing at the uh essentially on Locks Road westbound if 4 if it's 400 ft that's at 25 ft that's 12 cars correct so so based the analysis that they uh did was used the highway highway capacity manual which is the approved um um analysis methodology that we use for queuing and based on that analysis uh they did determine that um the 95th percentile which means which is nearly a worst case scenario 100% would be the completely worst case scenario is a 400t q during the peak hour and for U just for a comparison the intersection of mar and drive where the proposed entrance to the site is is 225 ft so it's going to queue up essentially twice as far as that intersection um on Locks Road so right y'all are going to have your three minutes so what we did was work with the applicant on that because um to limit the left turn access to the site cuz the concern is that vehicles that were traveling westbound on locks would want to turn into the Wawa on Locks Road and that would cause a backup on locks and then back out onto caner Highway so that was something that that we worked with them to get that kind of pork chop um um median that's in the entrance that will preclude that left turn access for folks we would prefer and based on the design methodology that they used that the um folks that wanted to access the site for from caner Highway would continue past Locks Road and then use the entrance that's on Locks Road and that's what they're doing and that's what they're doing that's the way they designed it you good you other questions no it's not right now we'll hear from the public first one up is Christine Truitt and a reminder you got three minutes Christine trit she want to be first so design vehicle you no we have to go out the's good evening everyone how are you I um my name is Christine Truitt and I am a homeowner my husband I are homeowners in Savannah Estates so I do live in Mar and drive and I'm very familiar with it um I am here today just to in our de our group you're going to hear several speakers that are going to come up and talk to um our concerns um we are a fairly large group so the first thing that I'm going to do is inro um introduce our petitions to you so we had two petitions on change.org um this was not intentional um one was started in May of last May of this year and the other one was started by us in October the first petition gardened 184 signatures 186 ours as of last night was at 876 these are people that are opposed to the WWA this particular WWA with a gas Bay and outdoor seating on this piece of property um I did take the two lists and merged them I I got rid of all the duplicate names I have a list of the duplicate names um so I did want to introduce that and I can pass this around for you guys you give it to the bail it okay and then I'm very glad that I also brought some pictures um because we were talking about the stacking issue and I have some actual real pictures did you put them on that thing and then the overhead camera can uh display them so this is a picture everybody can see it so this is caner highway this is Locks Road this is Savannah Estates right here um and as you can see in the morning the cars I mean they back up way down here way more than 400 ft I will say that um I also have this picture which shows you so he was saying that it's two I think 200 ft between the entrance of Wawa and Maron Drive which is right here so as you can see cars are backed up way way more than 250 ft so I did want to share those with you also um so we are a fairly large group and there's about 45 of us that have gotten together and divided ourselves in 12 into 12 subcommittees to address our different concerns we really wanted to come before you guys today with a presentation that had data um had literature backed we are going to be presenting that to the Board of Commissioners unfortunately we were originally told that this meeting was not going to happen until January and February um we got a notification on Friday the week before Thanksgiving that this this was going to happen today which really put us in a very bad position because we honestly just didn't have time to get everything done and people were away it was Thanksgiving we've been working with I mean departments at the state level at the local level trying to gather da D data and different information so um it's unfortunate that I don't have that for you but we do have people to at least speak to it um thank you your time is up thank you Robin Osborn hi my name is Robin Osborne good night or good evening to you all I really appreciate you allowing us to speak I am the one the property that's right there by the on the West Side the adjacent with the pool um I have listened to your presentation I do oppose this very much I can only do to your heartstrings I don't know how if you're going to vote I know you're not I have three children with autism and I really don't want a gas station in my backyard I have learned how environmentally concerns through my life as as a mom with health for my children my I'm a nurse I have learned on this journey for a very long time it's factors that they have had in their life they have sensory issues to um loud noises and I've moved to this property I don't know if I realized that it was zoned for a different thing I understand it is a zoned but I really would appreciate it not being a gas station in my backyard my children like I said have sensories to fireworks loud noises they can't even go to a July 4th party it freaks them out um I'm just trying to your heartstrings you guys are all wonderful people and I'm sure you're all doing your best of your job your can um I don't know what else to say I did bring a presentation I just feel like I really don't want that this gas station in my backyard I can there's so many different things you can say I also know that there I'm work I'm also now as you guys did the thing it will be a flooding issue we already have during the wet season during November October September it was we had a very big Zone Wet Zone right we had waterfront property and it's just not I know they are going to try to work on something there but I'm from Missouri you have to show me I don't believe it Jean R Jean r r e FF Reef thank you very much for allowing me to speak first off when this site was donate or donated when it was uh planned to be a gas station 62 years ago there's only a couple of us around here that were alive these guys weren't so the fact of the matter is that was also farmland and the reason why there was never anything ever developed there is because it was Farmland now you've got a residential Community you got a fire station with EMTs right down the street you have two major campgrounds right at the end of Lock Road you have all kind of traffic in the mornings and in the evenings and right now to put a wall wall there would be to put any gas station there would be crazy because it's just too congested and it doesn't seem to be able to fit into a residential area you have commercial coming along caner Highway all the way across to the turnpike and then whenever you have residential after you cross that bridge and then you get commercial once you get out to the area of um Pratt Whitney Road so the point is that there's other places that a a gas station could be built and this is not the proper place for because it's residential there are just there there are there are too many there are too many places something like this could go in I understand that the Wawa Corporation has 28 designed or proposed Wawas on the Treasure Coast and there's going to be eight of them in Martin County that's sort of tough whenever you have other areas that have convenience stores and gas stations available for people to be able to come he said 75% of the traffic that's on the road would use the Wawa that's right so therefore there's 75% of the traffic can use the other eight gas stations and convenience doors that run from anywhere right there from the new gas station it was just built at the corner of COV Road and um caner Highway all the way out to 1/4 Mile past where this one wants to be built there's a a gas station at the corner of Pratt Whitney Road in caner so you've got eight of them convenience doors why do we need another one thank you very sir sir can you sir sir sir sir he didn't say sir sir sir could you just for the record state your name in the microphone thank you thank you Lee sorry okay my name is Jean reef and I live in locks Landing thanks next is Rick Osborne and would Michelle Khan kind of get close so you can follow right behind I want to thank you for your time my name is Rick osbor your name Rick Osborne thank you and uh was my wife had said I live right next door I have no dispute with the legality of what they're being done they are following the letter of the law I just don't know if the spirit of the law is being considered as this neighborhood Wawa while it's a wonderful business is a 247 operation the impact it could have in the middle of the night is something that is really going to you know impact me um I don't know what's going to happen to property values uh I don't mean to be it but I don't know if any of you would like it if it was next to your house so it's something that is just as the gentleman before me stated not in the right place as I understand there's more development at prant Pratt Whitney and caner whether a Publix's be more neighborhoods it would be better as I believe I've seen the 7-Eleven that went in at Salo and caner didn't have a neighborhood there and the neighborhood was built around it at as it was being built I'm the Wawa at Monteray in caner also I believe was put there in the neighborhood built around it now you're talking about a neighborhood that exists and you're trying to insert something into it and I just don't think it's the right place for something like especially a gas station as has been noted environmental concerns and I can tell you for sure I can't get out of my driveway in the morning A lot of times now it's going to get a lot worse that's right thank you for your time y con and then ahed hi my name is Michelle Khan I am a resident at uh Lake Tuscany development down Locks Road um we are opposed to the construction of this gas station number one as has been discussed the amount of uh vehicular traffic that's going to take place which is then going to increase the risk of accidents at the entry and exit points that's going to impact the respon bonse time for the tropical Farm fire department number 22 considering there are only two exits which is tropical Avenue and Locks [Applause] Road um the potential safety risk for nearby residential areas especially the children there is a Martin County school bus stop directly across from the entrance of the Wawa we also have the potential groundwater contamination from fuel storage and potential leaks Creek is only a few hundred feet from this location the creek handles storm drainage from the surrounding communities and drains into the St Lucy River and the increased impermeable surface area disrupting local water drainage patterns that's all I have to say thank you thank you next um Amed yes and then Paul folks go ahead and then Paul could up so we just save a little time thank you my name is ful Ahmed and I own the business Jack James mobile gas station I've been here 12 years and I don't want to wa to competition with me especially their big business I'm the small business guy and especially I'm serving here 12 years in my community 75% customer coming from The Locks Road so if he who is there is going to affect me and second second things I'm here 12 years 7 Days in the morning I know how traffic it is as soon as it's 95 make a right turn is going to be slow traffic every day especially crime involved sh Department almost every other month they stop by for video record because of the crime too many crime happening is there and the way the traffic is is impossible to most of the day traffic you can see it whatever the proposal is not true I'm here 7 Days in the morning I know how much is the traffic is that's all I have to say thank you oh folks uh followed by Brandy folks uh good evening I'm Paul folks resident of Savannah Estates and first of all I want to thank John and uh Paul for meeting with us previously to review this I think everyone's been very uh professional very helpful and I think everyone wants to do the right thing um I just don't think we agree with uh on maybe result here U if you look at from the Transportation standpoint the the the traffic report says traffic already backs up we have trouble getting out of our neighborhood already why would you allow an intersection there it just doesn't make common sense um I've proposed several things back to them uh trying to be helpful trying to work for a solution uh they weren't Incorporated um it's just a bad idea adding traffic and by the way we're not against Wawa in particular as a brand that's one of my favorite uh gas stations and I think it's many people's favorite gas stations that'll be driving the interstate and I think when they pull off the interstate they're going to come to this one and add to the problem so a good thing is a Bad Thing uh here um but I wanted to take a exception to the land the the Land Development code under the buffering requirement and I just lost it on my um computer but they didn't explain what the Land Development code says its intent is for buffer zones it's to leave the existing vegetation there and not remove and replace with landscape design it's black and white it's written in English and we're just ignoring that fact what they're going to do with this Bosell is remove all those trees are supposed to remain excavate down 3 ft burn it back up that goes against the landscape development code you don't have the right to approve this project because of that technicality separate the storm from the landscape buffer and you'll comply although that makes this property too small for a gas station don't it's too small for a gas station don't give them the exception to the code that they didn't mention that they're asking for thank you Randy folks followed by Eileen weissberger thank you ladies and gentlemen my name is Brandy folks and I live in Savannah Estates and it's been my daughter standing at the bus stop which would be right across from that Wawa she goes to high school she stands there alone in the morning it's dark sometimes in the morning she's standing there by herself waiting for that bus to come as cars are driving by as people are frequenting this place it's a safety issue for our children that are trying to go to school to get an education that's also a middle school bus stop there are children in our neighborhood in Middle School some grandparents are here I see that the students are standing out there a little later in the morning closer to 9:00 and as we know human trafficking is very prevalent in South Florida it's easy on off access to 95 right there people will be frequenting Wawa doing the things that they do right off of 95 that is why there was a sign posted off off of our exit from the sheriff right earlier this year because the crime was coming north and they're attacking neighborhoods that appear to be gated but have an access through um through the wooded area where is that way we're not going to tell everybody that but that is direct access to our houses and it's not fair to us that live there it's not he put the sign out there I mean the study has already been done the crime is moving North why do we want to ask them to come sit there and watch these things are really happening if you don't know ask have you ever met a person that has had humanic trafficking because I have go work with those people see what they're like they don't come back I work at the hospital 7:00 a.m. to 700 p.m. my student has to wait for a bus out there to get to school please protect her yes I weissberger followed by Roberto Moss hi my name's eileene Weber I live on Wildcat Trail um I'm just curious to see if any of you have even driven by or have set foot on the property that we're talking about I'm just curious because I think that's very important um have has we don't answer questions during public comment you can oh sorry well something to think about um I would also like to say I agree with what pretty much everyone has said that have come up to the podium um I think one important aspect of the whole thing is what um the gentleman said on Salo Road where there is uh the 7-Eleven was put up and built the um homes that are there now they knew that 7-Eleven was there they they knew the problems that were going to occur and obviously it was fine with them but this is an exist an existing area and it's going to not be good for us it's traffic it's 247 it's different clientele it's noise it's lights it's it's just everything and I I wish I wish you would go out and see what it's like for traffic on every day at 11:00 a.m. I'm just using 11:00 a.m. and for whoever to say that this WWA isn't going to impact our traffic and our way of life there they're not right thank you Roberto Moss followed by John Turner hi good evening I'm Roberta Moss uh I am a homeowner in Savannah Estates on Southwest Maron drive I'm also the president of the HOA for that community and we do have some concerns about the proposed Wawa project you know I personally I like Wawa but I do not feel that it is the right kind of business to have on that corner in a residential neighborhood I also don't think they have enough space to accomplish what they want to accomplish so our development was built in 2013 and 2014 we consist of 50 homes we're a very close-knit community and we are now even closer with all the other developments down Bo road because of the Wawa project and uh we do have some concerns uh because Wawa is a 247 business operation there will be additional traffic lights increased crime and I've already talked with the Martin County Sheriff's department and they said one of the things we need to really be worried about is the homeless people um our property on Locks Road and caner Highway is a is all preserved it is not protected by a fence or a wall we've already had homeless people camped out in there and you know we've been able to get rid of them um and then we have our homeowners that are facing that area their backyards back right up to it so you know anybody could come through whether they're a homeless person or it's a teenager and they some of them even go back there and smoke pot in The Preserve area um so the other thing is uh you can see by some of the pictures that our entrance is right directly in front of the proposed exit entrance for the Wawa on Locks Road and I anticipate that many people will make u-turns in our entrance which they already do and you know I'm a working person like almost everybody in my community and I can't even get out of the entrance to go to work to make a left on Locks Road in the morning I have to wait until all the cars pass or some good-hearted person Flags me yes I can go through um the other concern we have are our home values we feel that having a an establishment like a commercial 247 operation is going to devalue our properties and I don't know about all of you but you know my home is my largest investment uh and as as many of my neighbors in the community and I want to help protect that you know there are hundreds of homes between us locks landing and tropical Estates and I just want to remind you that Stewart was voted the best place to retire we need to work really hard to keep it that way we don't want to be like West Palm Beach and I ask you to be very logical in your decision thank you your time is up thank [Applause] you Don Turner followed by Denise and Tom cleren only one can speak which one of you I mean which one of you going to speak it doesn't matter but John Turner first then Denise or Tom I can't read it but cler clerin clerin okay well John Turner's first age before Beauty I'll go with that I'm John Turner I escaped from Dade County a year ago was a wonderful place in 1967 but the people that we put in office in Dade County didn't look to the Future you go to the major thorough PHS in Dade County You' got three gas stations and a strip mall or a Publix yes this property is zoned for a gas station I think the drift is tonight it's not wanted it's not appropriate I think that we have to look to the Future do you want to have another D County I first voted 60 years ago it's my right it's not a privilege just like it's my right to speak tonight how many voters are there out here tonight you need to understand we're not we don't care about voters cuz we don't get voted on I understand that I understand that sir but I'm asking you to look to the Future take a ride down at dat County anytime there's no such thing as Rush Hour anymore it's 247 the last time I was here people were all upset pro and con about the bright line coming through and they were wearing yellow we're not wearing any different color we we're just regular people we're taxpayers and we're voters and we're concerned and I ask you to do the right thing thank you thank you Denise followed by David [Applause] H hi my name is Denise clerin and I'm I'm a resident of locks Landing um I from I'm basing my um analysis tonight on what I've heard from uh both the community and and the Developers my main thing is we've talked about uh the residential areas the values of the homes the safety the environmental uh among uh drainage issues traffic uh I'd like to go back there's no doubt that the property was approved for zoning um for a a gas station but that was 1967 okay 95 was not even there in 1967 so have have the proper authorities even considered you know what the traffic demographics have been since then the residential area was not there at that time when it was approved do we need to go back and and look at that okay the other thing is the environmental issues another gentleman brought up about the drainage digging down 3 feet you know that's in the the main um documents at the time but now they're change in that so we need to go back to when it was originally uh approved for that zoning and would you would you approve that corner now for a gas station and and of that size over 5,000 square feet on 2.97 Acres I think it was 2.1 okay 2.1 but my question to you is I don't believe that that corner would be approved to this state for that Pro that kind of development it was done in 1967 and we didn't have that traffic we didn't have the residential areas we didn't have the safety issue we didn't have the children we didn't have the parks I do believe that the St Lucy locks Park was there but um these are all things to take in consideration yeah it's approved but at what um expense and what what type of zoning at that time compared to 2024 1967 compared to 2024 I don't believe that it would be zoned for a w absolutely not David hollik followed by Tammy erson he hollock h h a l u c k followed by Tammy Amerson thank you for letting me speak to your um I've been a resident of that area for over 40 years and back then uh Locks Road stopped right at right at buckin Trail and went on in a dirt road and to the left where we've got the gas uh where they've got out the fire station and um the uh residential area didn't even exist and since then it's grown and there's a lot of people living there and as it's been mentioned the amount of traffic on Locks Road in the morning is horrendous and the persons who live in the uh community that have to turn left or excuse me right on Locks Road when they um try to leave in the morning that's pretty tough and I have to say that I'm one of the people that let you in thank you you're the one the one thank you um but I agree with so many of the people who say this is the wrong place for Wawa we're not against Wawa we really aren't what we are is this is just the wrong place at this time and we ought to take that in consideration and hopefully you will thank you Emmy Amerson followed by Sharon Reich my name is Tammy Amerson I live in Lake Tuscany um I thank you for your time tonight and uh I stand before you not only as a resident of this beautiful neighborhood but as a passionate advocate for the future of our community convenience stores and gas stations bring with them increased traffic noise and pollution the Serenity and safety of our residential area would be compromised and the charm that attracted many of us to this community in the first place would be forever lost moreover I'm most concerned with the health implications that arise from having a gas station within such close proximity Benzene is a known carcinogen with multiple adverse health effects and it's released during fueling idling of cars and from underground storage tank vents according to the Agency for tox toxic substances and disease registry it is a causal agent of Leukemia and is associated with Non-Hodgkins Lymphoma and multiple Myoma a 2021 study in the Environmental Research and public health Journal documented that adverse health risks are increased when neighborhoods are situated near gas stations if this is built there will be at least eight gas stations within two miles we must consider the long-term vision for our neighborhood we should prioritize developments that enhance our quality of life more green spaces community centers things of that nature a gas station is not a step in that direction in conclusion this is not just about a store it's about the kind of community we want to build it's one that prioritizes health safety and local businesses we value our community and don't want to sacrifice it for the sake of convenience we thank you for your time and we ask that you preserve the Dignity of our [Applause] neighborhood eron Reich she's going to be a hard one to follow my name is Sharon Rick I live in Savannah Estates and I know that you're all here and we appreciate your time and I know it's probably exhausting hearing the same thing over and over again so I'm going to make it much shorter because pretty much everyone has said what I was going to address with you today as well but we do live in the community I live in Savannah Estates which is right across the street from where this is going to be built and if you get a visual you can take maybe seven steps from the entrance of our development and now you're into the entrance of Wawa that's how close we're talking 200 to 500 feet from the first home that's right there in our community so you heard tonight and I'm going to say it again the serious health risks the mental and emotional well-being The increased accident risks the the children who are at risk the EMTs who are trying to get to people to save them who can't get down the street because of the traffic it's already bad The Pedestrian safety the negative impact on the property values the loss of Community Care character and so I'm going to say to you as all board members we respectfully request we urge you to uphold the trust we've placed in you the growth is welcomed but we must be implemented in a way that it protects and honors the community's voice and as you make your decisions please ask yourselves would I want my family exposed to these risks would I accept this in my own neighborhood we invite you to to grow with us prioritizing our community that's safe and healthy and livable for everyone another gas station so dangerously close to our community is not the answer and we know that these lawyers are here and these Engineers are here to give you the one plus one and we're all in Alliance and it's all good but yet trying to make it decent for our community it is not for our community it is too close to our community we don't want it and we ask you to please vote in the best interest of our community and our taxpayers that are living there that's right thank [Applause] you LPA members any more questions uh for the applicant or for the community oh you don't ask the community you ask the app no it it no I I think uh I think I'd like to hear the applicants uh finishing remarks you know again Tyson waters on behalf of the applicant we appreciate the concerns and we certainly appreciate the comments but but we but we do go back to the issue of since can you lift the microphone I'm sorry I'll just squat down um but I I go back to the fundamental point and and I think one of the last speakers said I am an attorney to me it's one plus one you've got waas here and and they're the ones that have made the twists and turns to try and make this even a better development than what's allowed but the bottom line here is 1967 this has been an allowed use and because development has happened around this vacant piece of property doesn't mean that a property owner loses their property rights they continue to have a land use they continue to have a zoning that your code allows this use to happen we've met or exceeded every single regulation that you've got in your codes a lot of the comments were any development on the sites going to affect access Traffic Safety noise that that's something but but it is but but but you know but if we if we put a drive-through restaurant which we could do minor site plan approved at a staff level you you've got you've got traffic you've got noise you've got smell you've got all of these things but the bottom line hey hey come on act like adults the bottom line is your neighbors don't get to pick the use that you want to do with your property the property owner selects the use that they think is most appropriate for this piece of property and again it's a permitted use we've complied with your code regulations we've complied with your comp plans we're not asking to amend your compant or Your Land Development regulations we're asking you to follow the Land Development regulations and follow your staff's guidance that have confirmed that this complies with all of those regulations and with that once again we'd ask for um this board's recommendation to the board of County Commissioners for approval and with that we're here for any other questions you may have thank you for your time appreciate back all right ladies and gentlemen on it doesn't help it really doesn't threaten us with other use either well it's not a threat that was a threat that that's not a threat but but hey just I'm not going to talk to you out of if you got something say take to the microphone no public comment is over public comments over any questions for the LPA from the LPA yeah well i' i' I'd really like somebody to answer the question about the limited commercial across the way and and really I I want to dig down a little bit deeper about that's probably the biggest biggest limited commercial piece of property I've seen um and it's not just the CSA property but it's that long rectangular piece next to it and I'm curious about the circumstances of when that was Zone limited commercial sorry I was having difficulty with the map one was 15 and one was four yeah and it just it's it's it's but I you know historically limited commercial is applied in order to prevent gas stations John they may be doing a database right our Our IT department is updating to doing some maintenance today so our Maps might not be available right now okay but so Mr Moore uh Paul shelling for the record so can I I are you asking for a historical analysis of this Corridor or anything in particular that you're interest limited commercial at that intersection okay I mean I I do recall when CSA came in for the rezoning and it really wasn't a primary issue because they didn't need General commercial so limited commercial was applied and the concept was partly to prevent a gas station or fast food restaurant from being allowed there and I think that does set precedent for or the other other side of the intersection um so I just Alise Elder Deputy County attorney I just want to remind the board that we are on the site the Wawa site so that's what's before the board in the Quasi judicial and the other site is not really relevant to this public hearing so just a reminder no it didn't No it didn't any other questions no and that was really probably more of a statement than a question anyway anybody got anything you want to add uh well we have the fire department down Locks Road that they raise any concern whatsoever about coming in and coming out they made him put a fire hydrant in uh there is always a preferred uh secondary means of Ingress and egress which is the case here so um from a tra um traffic Andor uh fire department standards this this site meets those requirements uh there is Provisions in the in the comp plan for connectivity and there is a a u need to connect sites meaning secondary means of access for example if the intersection there shut down God forbid there was some kind of problem uh then there would be a means to get around that intersection through this site so there are Provisions in the comp plan that require connectivity with commercial sites and in this case we have a a residential Road and then a six Lane Highway and Major arterial so that was reviewed and there are no concerns from the fire Marshall's perspective with traffic movements at this location and so that I completely understand there is not a problem with the fire nothing to do with the site per se but with the site built the way it's proposed the fire department does is not concerned about getting in and out of their Firehouse they they gave it a CLE clean bill or they had a concern about getting in and out well there Firehouse there's two things one is the fire station has has access to caner Highway way via another route uh tropical Farms so that is a road that they utilize currently um for folks so uh there are there will be a means of Ingress egress through Locks Road in the existing tropical Farms area uh but they have complied the project as they have so they have no concerns okay that's all the questions I have to staff or for the applicant any comments I mean other than other than you know I also worry a lot about robot Creek um it you know it is not draining into a pristine water body but it it is not going to be enhanced by the perious surfaces of another gas station but again that's probably not enough to to uh black ball this project I I just I'm very concerned that the future land use map does not recommend another gas station here [Applause] right go ahead yeah let me let me try to get something so that we could give it to the commission for for Tuesday this is not an ideal project obvious ly but this body looks at what the codes are doesn't look at whether it's good for a neighborhood per se there are two concerns I have one obviously is the stacking or the queuing I think that is a big concern for the neighborhood I think ladies and gentlemen clapping is not going to change my mind mind or anyone else's so let's let us all speak now that is a big concern of mine I don't know what you do about it but at this point I don't think it's enough because staff has recommended approval and their traffic department comply it complies with their traffic engineer and their uh staff but that's a big concern my second concern is this is an as right project or as close as you can get to one and so they the they've asked that they get alternate compliance when it comes to the building well I'm going to make a motion that the commission approve it but without the alternate complain liance and if the commission then says we want to give it the alternate compliance because it will be a better look there's no two ways about it well it's again gas stations are allowed the code says they're allowed we can't change the code we can only say whether the code is being uh upheld staff h i has said the code is being upheld and it is being upheld so I'll make that motion and I'll also make a motion that they look at the the the queuing problem on Locks Road and see if waas can come up with a better solution CU 12 cars 400 ft to me would not be acceptable you're you're going to have a couple driveways that can't be used and and I'm going to say that I think that is not a great way to be a neighbor and I know I had a lot to do with the Wawas in Stewart because I was on the commission at the time and waas did quite a bit to alleviate problems with that with that so I know waas works with communities I hope they can work with this Community to at least alleviate this to some extent so my motion is for approval with those two conditions there's also some uh alternative compliance with the buffering would you include that in that am I allowed to since you administratively sort of took that off the table may I uh Paul Schilling for the record so there is not alternative compliance with respect to the buffer that is Section 4.66 3 pointb point8 pointa and those that is the use of buffer yards and I will recite it it's utilities easements septic drains fields or other physical Improvement shall not be placed in buffer yards unless approved by the growth management director in this case me uh based on a good cause shown so I kind of outlined those previously with respect to that area being heavily vegetated meeting all the requirements of a 40ft landscape buffer plus 10 ft additional biosoil with a six foot opaque fence so in in my professional opinion it meets that criteria so it is not alternative compliance it is basically embedded in the application so I I can't in good conscious put that into a motion so that's my motion Howard any chance I can speak again no no Howard yes sir you got any comments no sir I'm just so there's about to be a motion and looking for a second yeah but I'm but we all get to make comments before we start absolutely because I'm I'm like Tom I'm like Tom I I don't like I don't like word it is uh we talk about the comp plan and Martin County's always quote unquote upheld the comp plan and we don't want to change the comp plan just because somebody doesn't like it this guy's owned this property for a long time he has a right to sell it and he has a right for the buyer has a right to do it and and personally I'm facing the same thing where I live across the street from us there's going to be a gas station and a hotel and several other things do I like it no I don't like it but it is what it is and that's where it's going to be and so I I believe in the comp plan I believe sometimes the comp plan needs to be changed and if you as a neighborhood you know everybody talks about there's a lot of you that go to put your money together and buy it out and stop walls and then you can make a park out of it I mean that's not selling I'm I'm not I'm not I'm not I'm not asking I'm commenting I'm not I'm I'm not asking for comments I'm just saying I get I I don't need a comment you're not going to changeed my mind it it's it's just sad that it came to this but if it's been there since 196 7 and and I'm like unlike most of you I was driving that road in 1967 and before and I remember when there was nothing out there I remember when 95 went in I remember when the turnpike went in so you know give me a break on that but if it's a if it's a BuyRight thing and the last time this County threw their nose up at people and said you can't do that we got sued as a county all of us taxpayers and it cost us 20 something million dollar and we're going to poke a bear and Wawa is a bear and I'm not I don't know anybody at waah I have no part of this deal I am a real had no part of this deal and I don't know Wawa but Wawa in their right and the landowner in their own right if we turned them down and the county turns them down it's a taking they have the right to do it and I don't really want to see the county sued yeah you can you can no we won't counter Su because you just well you can sue but but I'm not looking for comments from you this my turn to talk everybody had their turn now it's my turn to talk so there's no there's no need for us to get in fight with a bear so that's that's and I hate doing it but across the street from where I am I'm going to face the same thing so make your motion I made the motion checking it the chair can't second you would have to pass the gavel you pass the gabble I I want to deny it well Howard you want to a second you can second it leave the where it is okay I second you have a motion you want to say it again motion is to recommend approval with can you stop with with stop stop with with the with not having the alternate compliance on the architecture and with waas looking at looking at correcting the stacking on the roadway all right so that was the motion how many comment Howard did you second that motion yeah he said he second it call for a vote everybody's done you can call for a vote favor say I I I I'm opposed I'm opposed to the gas station here I'm opposed to it also so so that's everybody hear that so we have a two two vote so there's no recommendation it does not pass um so there's no recommendation to the board right now if someone wants to no approval or disapproval if someone wants to make an alternate motion you could or we could just go with no um but if you do an alternate motion it looked like it would be the same outcome so so it's right now 22 right correct it's 22 so there's no recommendation for denial or recommendation for approval that will go to the board accounting Commissioners we have a a tie [Applause] vote that's all the business Miss Elder uh yes could we get clarification on the motion because I heard a a a motion in a second and then I heard a no vote on the second you can second a motion and then vote okay I just that's yeah you can second you can second a motion and then vote no if that's what you're asking so I think Mr Shilling has some uh another meeting before Christmas yes we do did you want to um get a quum for the next meeting yes I'm trying to find my not so the next meeting is December 19th and we do have an advertised meeting I'll let you take over we have a coup we have at least one advertised item for the 19th so we're we're just trying to ensure we have a quorum for I know Miss one member won't be here I'll be in town okay I won't be here oh lot of presents to for I got a travel so we're two right now we only have two right now if we don't have somebody appointed by them we won't have a quum correct we will have if the new appoint if someone is appointed then we might have a quorum so we'll have to we'll let you know what we're going to have to do and so officers will be elected whenever we have a full board is that the plan understanding yes next time what do I do with these thank you ladies and gentlemen thank you thank you thank you members of L ladies and gentlemen so therefore there's been no there's a no vote it's not going to go forward it does go forward commission with does it goes forward to the board of commanded Commissioners it just doesn't have a recommendation from the LPA thank you guys app thank you that be next week although Tuesday it does it does carry the motion which was to look into the alternative compliance yeah there's well they can know what the motion was but they'll hear that it was a tie right and I think some of the Commissioners are probably watching likely oh this is a tough it's not easy but it's also God is all of them like this no no