HomeMy WebLinkAbout04-324
RESOLUTION NO. 04-324
File No. PA-03-005
A RESOLUTION DENYING A CHANGE IN FUTURE LAND
USE DESIGNATION FROM COM (COMMERCIAL) AND RU
(RESIDENTIAL, URBAN) ZONING DISTRICTS TO RM
(RESIDENTIAL, MEDIUM) AND RH (RESIDENTIAL, HIGH)
ZONING DISTRICTS OF CERTAIN PROPERTY IN ST. LUCIE
COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
the testimony and evidence, including, but not limited to the staff report, has made the
following determinations:
1. Home Dynamics Inc. presented a petition for a change in future land use
designation from the COM (Commercial) and RU (Residential, Urban) Zoning Districts to RM
(Residential, Medium) and RH (Residential, High) future land use designations for the property
depicted in the legal description attached hereto as Exhibit "A" and described below.
2. On March 18,2004, the St. Lucie County Planning and Zoning Commission held
a public hearing on the petition, after publishing notice in the Fort Pierce Tribune and Port
St. Lucie News at least 10 days prior to the hearing and notifying by mail all owners of
property within 500 feet of the subject property, and recommended that the Board of County
Commissioners deny a change in the future land use designation for the subject property from
the COM (Commercial) and RU (Residential, Urban) to the RM (Residential, Medium) andRH
(Residential, High) Future Land Use Designations.
3. On April 20, 2004, this Board held a public hearing on the petition after
publishing notice at least 10 days prior to the hearing and notifying by mail all owners of
property within 500 feet of the subject property.
4. On April 20,2004, this Board authorized the transmittal of a change in Future
Land Use Designation from COM (Commercial) and RU (Residential, Urban) to RM (Residential,
Medium) and RH (Residential, High) to the Florida Department of Community Affairs for
further agency review in accordance with the provisions of Chapter 163,Florida Statutes.
5. On October 18, 2004, this Board held a public hearing on the petition after
publishing a notice of such hearing in the Fort Pierce Tribune and the Port St. Lucie News on
October 8, 2004 and notifying by mail all owners of property within 500 feet of the subject
property .
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~~~~~~~~i~~~N~~ERK OF THE CIRCUIT COURT
FILE # 251068712/03/2004 at 02'16 PM
OR BOOK 2105 PAGE 842 84 -
RECORDING: $69.50 - 9 Doc Type: RESO
6. The proposed change in future land use designation has not satisfied the
requirements of the St. Lucie County Land Development Code and is not consistent with the
goals, objectives, and policies of the St. Lucie County Comprehensive Plan.
7. The proposed change in future land use designation is not compatible with the
existing and proposed use of property in the surrounding area.
8. The proposed change in future land use designation will have an undue adverse
effect on adjacent property, the character of the neighborhood, traffic conditions and other
matters affecting the public health, safety and general welfare.
9. The proposed change in future land use designation from COM (Commercial) and
RU (Residential, Urban) zoning districts to RM (Residential, Medium) and RH (Residential,
High) will create a high residential density and would be inconsistent with and would negatively
impact the surrounding properties.
10. This Board specifically determines that the approval of this change in the
Future Land Use Element is not internally consistent with the policies and objectives contained
in the St. Lucie County Comprehensive Plan, specifically Policies 11.1.36 and 11.1.3.7 of the
Capital Improvements Element.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. The proposed Change in Future Land Use Designation from from the COM
(Commercial) and RU (Residential, Urban) Zoning Districts to RM (Residential, Medium) and
RH (Residential, High) Future Land Use Designations for the property depicted and described
in Exhibit "A" is hereby denied.
B. The St. Lucie County Growth Management Director is hereby authorized and
directed to make notation of reference to the date of denial of this resolution on the Official
Zoning Map of St. Lucie County, Florida.
After motion and second, the vote on this resolution was as follows:
Chairman Paula A. Lewis AYE
Vice Chairman John D. Bruhn AYE
Commissioner Frannie Hutchinson AYE
Commissioner Doug Coward AYE
Commissioner Cliff Barnes AYE
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PASSED AND DULY ADOPTED this 18th day of October, 2004.
ATTEST:
BOARD OF COUNTY COM .ERS
ST. LUCIE COUNTY'J tDÀ., .':bY1'", . i~',
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APPROVE AS TO LEGAL FORMv~ND
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EXHIBIT "A"
The Northeast i of the Northeast i of Section 29, Township 35 South,
Range 40 East, less the East 300 feet and LESS AND EXCEPT the
following:
Right-of-way for Hawley Road (South 25th Street), right-of-way for
Edwards Road, and right-of-way for North St. Lucie River Water
Management District Canal located along the Western boundary of the
above described land.
LESS ALL OF THE FOLLOWING:
PARCEL "C"
A strip of land lying in Section 29, Township 35 South, Range 40 East, St. Lucie
County, Florida, and being more particularly bounded and described as follows:
COMMENCE at the Northeast corner of said Section 29; thence South
00°06'35" East, along the East line of said Section 29, a distance of 40.00 feet;
thence South 89°59'07" West, a distance of 40.00 feet, to the intersection of
the South right-of-way of Edwards Road and the West right-of-way of South
25th Street; thence continue South 89°59'07" West, along said South right-of-
way of Edwards Road and parallel with the North line of said Section 29, a
distance of 310.00 feet to the POINT OF BEGINNING; thence continue South
89°59'07" West, along said South right-of-way of Edwards Road and parallel
with said North line of Section 29, a distance of 499.71 feet, to the Point of
Curvature of a curve concave to the Southeast, having a radius of 1392.58 feet;
thence along the arc of said curve, through a central angle of 18°41'28"
Southwesterly 454.29 feet, to a point 25.00 feet, at a right angle, East of the
West line of the Northeast t of the Northeast t of said Section 29; thence
South 00°07'41" West, parallel with said West line of the Northeast t of the
Northeast t, a distance of 21.15 feet to a Point of Intersection of a line 25.00
feet, at a right angle, East of said West line of the Northeast t of the
Northeast t of Section 29 and a curve concave to the Southeast, having a
radius of 1372.58 feet; thence along the arc of said curve, through a central
angle of 18°58'34"; Northeasterly 454.59 feet to a Point of Tangency; thence
North 89°5907" East, parallel with said South right-of -way of Edwards Road,
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a distance of 499.74 feet; thence North 00°06'35" West, parallel with said
East line of Section 29, a distance of 20.00 feet, to the POINT OF
BEGINNING; containing 0.438 acres, more or less.
PARCEL "D"
A strip of land lying in Section 29, Township 35 South, Range 40 East, St. Lucie
County, Florida, and being more particularly bounded and described as follows:
Commence at the Northeast corner of said Section 29, thence South 00°06'35"
East, along the East line of said Section 29, a distance of 40.00 feet; thence
South 89°59'07" West, a distance of 40.00 feet to the intersection of the
South right-of-way of Edwards Road and the West right-of-way of South 25th
Street, said point being at the POINT OF BEGINNING; thence continue South
89°59'07" West, along said South right-of-way of Edwards Road and parallel
with the North line of said Section 29, a distance of 310.00 feet; thence South
00°06'35" East, parallel with the said East line of Section 29, a distance of
20.00 feet; thence North 89°59'07" East, parallel with said North line of
Section 29, a distance of 290.00 feet; thence South 00°06'35" East, parallel
with said East line of Section 29, a distance of 230.00 feet; thence North
89°59'07" East, parallel with said North line of Section 29, a distance of 20.00
feet, to a point on said West right-of-way of South 25th Street; thence North
00°06'35" West, along said West right-of-way of South 25th Street and
parallel with said East line of Section 29, a distance of 250.00 feet to the
POINT OF BEGINNING; containing 0.248 acres, more or less
owned by Home Dynamics Incorporated, is hereby changed from CG
(Commercial) and RU (Residential, Urban) to RM (Residential, Medium - 9du/ac).
and
The East 300 feet of the Northeast i of the Northeast i of Section 29,
Township 35 South, Range 40 East, LESS AND EXCEPT the following:
Right-of-way for Hawley Road (South 25th Street), right-of-way for Edwards
Road, and right-of-way for North St. Lucie River Water Management District
Canal located along the Western boundary of the above described land.
LESS ALL OF THE FOLLOWING:
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PARCEL "C"
A strip of land lying in Section 29, Township 35 South, Range 40 East, St. Lucie
County, Florida, and being more particularly bounded and described as follows:
COMMENCE at the Northeast corner of said Section 29; thence South
00006'35" East, along the East line of said Section 29, a distance of 40.00 feet;
thence South 89059'07" West, a distance of 40.00 feet, to the intersection of
the South right-of-way of Edwards Road and the West right-of-way of South
25th Street; thence continue South 89059'07" West, along said South right-of-
way of Edwards Road and parallel with the North line of said Section 29, a
distance of 310.00 feet to the POINT OF BEGINNING; thence continue South
89059'07" West, along said South right-of-way of Edwards Road and parallel
with said North line of Section 29, a distance of 499.71 feet, to the Point of
Curvature of a curve concave to the Southeast, having a radius of 1392.58 feet;
thence along the arc of said curve, through a central angle of 18041'28"
Southwesterly 454.29 feet, to a point 25.00 feet, at a right angle, East of the
West line of the Northeast i of the Northeast i of said Section 29; thence
South 00007'41" West, parallel with said West line of the Northeast i of the
Northeast i, a distance of 21.15 feet to a Point of Intersection of a line 25.00
feet, at a right angle, East of said West line of the Northeast i of the
Northeast i of Section 29 and a curve concave to the Southeast, having a
radius of 1372.58 feet; thence along the arc of said curve, through a central
angle of 18058'34"; Northeasterly 454.59 feet to a Point of Tangency; thence
North 89059'07" East, parallel with said South right-of -way of Edwards Road,
a distance of 499.74 feet; thence North 00006'35" West, parallel with said
East line of Section 29, a distance of 20.00 feet, to the POINT OF
BEGINNING; containing 0.438 acres, more or less.
PARCEL "D"
A strip of land lying in Section 29, Township 35 South, Range 40 East, St. Lucie
County, Florida, and being more particularly bounded and described as follows:
Commence at the Northeast corner of said Section 29, thence South 00006'35"
East, along the East line of said Section 29, a distance of 40.00 feet; thence
South 89059'07" West, a distance of 40.00 feet to the intersection of the
South right-of-way of Edwards Road and the West right-of-way of South 25th
Street, said point being at the POINT OF BEGINNING; thence continue South
89059'07" West, along said South right-of-way of Edwards Road and parallel
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with the North line of said Section 29, a distance of 310.00 feet; thence South
00°06'35" East, parallel with the said East line of Section 29, a distance of
20.00 feet; thence North 89°59'07" East, parallel with said North line of
Section 29, a distance of 290.00 feet; thence South 00°06' 35" East, parallel
with said East line of Section 29, a distance of 230.00 feet; thence North
89°59'07" East, parallel with said North line of Section 29, a distance of 20.00
feet, to a point on said West right-of-way of South 25th Street; thence North
00°06'35" West, along said West right-of-way of South 25th Street and
parallel with said East line of Section 29, a distance of 250.00 feet to the
POINT OF BEGINNING; containing 0.248 acres, more or less
PARCEL "E"
A strip of land lying in Section 29, Township 35 South, Range 40 East, St. Lucie
County, Florida, and being more particularly bounded and described as follows:
Commence at the Northeast corner of said Section 29, thence South 00°06'35"
East, along the East line of said Section 29, a distance of 40.00 feet; thence
South 89°59'07" West, a distance of 40.00 feet to the intersection of the
South right-of-way of Edwards Road and the West right-of-way of South 25th
Street; thence South 00°06'35" East, along said West right-of-way of South
25th Street and parallel with said East line of Section 29, a distance of 250.00
feet to the POINT OF BEGINNING; thence South 00°06'35" East along said
West right-of-way of South 25th Street and parallel with said East line of
Section 29, a distance of 160.65 feet; thence South 89°59'07" West parallel
with North line of said Section 29, a distance of 20.00 feet; thence North
00°06'35" West parallel with said West right-of-way of South 25th Street, a
distance of 160.65 feet; thence North 89°59'07" East parallel with said North
line of Section 29, a distance of 20.00 feet to the POINT OF BEGINNING;
containing 0.074 acres, more or less.
PARCEL "F"
A strip of land lying in Section 29, Township 35 South, Range 40 East, St. Lucie
County, Florida, and being more particularly bounded and described as follows:
Commence at the Northeast corner of said Section 29, thence South 00°06'35"
East, along the East line of said Section 29, a distance of 40.00 feet; thence
South 89°59'07" West, a distance of 40.00 feet to the intersection of the
South right-of-way of Edwards Road and the West right-of-way of South 25th
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Street; thence South 00°06'35" East along said West right-of-way of South
25th Street and parallel with said East line of Section 29, a distance of 410.65
feet to the POINT OF BEGINNING; thence continue South 00°06'35" East
along said West right-of-way of South 25th Street and parallel with said East
line of Section 29, a distance of 877.12 feet to a point on the South line of the
Northeast i of the Northeast i of Section 29; thence South 89°19'20" West,
along said South line of Northeast i of the Northeast i of Section 29, a
distance of 20.00 feet; thence North 00°06'35" West, parallel with said West
right-of-way of South 25th Street, a distance of 877.35 feet; thence North
89°59'07" East, parallel with the North line of said Section 29, a distance of
20.00 feet to the POINT OF BEGINNING; continuing 0.403 acres, more or
less.
PARCEL "G"
A strip of land lying in the Northeast i of Section 29, Township 35 South,
Range 40 East, St. Lucie County, Florida, and being more particularly described
as follows:
Commence at the Northeast corner of said Section 29, thence South 00°06'35"
East, along the East line of said Section 29, a distance of 60.00 feet; thence
South 89°59'12" West, a distance of 60.00 feet to a point on the West right-
of-way line of South 25th Street and the POINT OF BEGINNING of the
herein described strip of land, thence South 00°06'35" East, along said West
right-of-way line and parallel with the East line of said Section 29, a distance
of 1268.02 feet, to a point on the South line of the Northeast i of the
Northeast i: thence South 89°19'26" West, along said South line, a distance
of 20.00 feet; thence North 00°06'35": West, along a line parallel to the
aforementioned East line of said Section 29, a distance of 1268.25 feet, to a
point on the South right-of-way line of Edwards Road; thence North 89°59'12"
East, along said South right-of-way line and parallel to the North line of
Section 29, a distance of 20.00 feet to the POINT OF BEGINNING of the
herein described strip of land.
Location: Southwest corner of the intersection of South 25th Street and Edwards Road.
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