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RESOLUTION 05 - 384
FILE NO.: RZ-05-009
A RESOLUTION DENYING A CHANGE IN ZONING
FROM THE AG-5 (AGRICUL TURE 1 DU/5 AC)
ZONING DISTRICT TO THE U (UTILITIES) ZONING
DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE
COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
all of the testimony and evidence presented at a public hearing, including but not limited to, the
staff report, all written materials that were part of the record at the public hearing, and all other
referenced materials, has made the following determinations:
I. Florida Power & Light Company ("FPL") presented a petition ("Petition") for a change
in zoning from the AG-5 (Agriculture 1 du/5 ac) Zoning District to the U (Utilities)
Zoning District for the property described in Part A below ("Property"); and
2. On September 29, 2005 the St. Lucie County Planning & Zoning Commission ("P&Z
Commission") held a public hearing on the Petition. Legally sufficient notice was
provided by posting a sign near the Property that listed the dates of the public hearings;
publishing notice at least ten (10) days prior to the public hearing; and notifying by mail
all property owners within 500' of the Property as required. Notice was, in fact, mailed to
all property owners within one mile. At the public hearing, after considering the
testimony and evidence submitted, the P&Z Commission voted to recommend that the St.
Lucie County Board of County Commissioners ("County Commissioners") approve the
Petition to rezone the Property from the AG-5 (Agriculture 1 du/5 ac) Zoning District to
the U (Utilities) Zoning District.
3. On November 7, 2005 the County Commission held a public hearing on the Petition.
Legally sufficient notice was provided by posting a sign near the Property that listed the
dates of the public hearings; publishing notice at least ten (10) days prior to the public
hearing; and notifying by mail all property owners within 500' of the Property as
required. Notice was, in fact, mailed to all property owners within one mile of the
Property. Notice was, in fact, mailed to all property owners within one mile.
4. The proposed change in zoning district is not consistent with the goals, objectives, and
policies of the St. Lucie County Comprehensive Growth Management Plan
("Comprehensive Plan") and is not in compliance with the St. Lucie County Land
Development Code ("LDC"), including but not limited to, the standards set forth in
Section 11.06.03, LDC. Specifically, the proposed change in zoning district:
A) is not consistent with all the elements of the Comprehensive Plan as the
proposed change does not comply with Goal 1.1 of the Comprehensive
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 278629801/25/2006 at 02:13 PM
OR BOOK 2470 PAGE 1876 - 1878 Doc Type: RESO
RECORDING: $27.00
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Plan which is to "ensure the highest quality living environment
possible..."; and
B) would allow consideration of a conditional use a facility that would result
in significant adverse impacts on the natural environment; and
C) would allow consideration of a conditional use a facility that would
adversely affect the property values in the area;
D) would cause demands on public facilities that would exceed the capacity
of such facilities; specifically but not limited to, law enforcement and
emergency medical services will not be able to provide services in the
eastern portion of the County when the trains necessary to provide fuel to
the facility are traveling through St. Lucie County and blocking roads for
excessive periods of time;
E) would be in conflict with the public interest and is not in hannony with the
purpose and intent of the Code; and
F) would allow consideration of a conditional use a facility that would emit
70,000,000 tons of particles into the air.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. Petition of FPL is denied and the Zoning District Classification for the property described
below and owned by Evans Properties, Inc. is not changed from the AG-5 (Agriculture 1
du/5 ac) Zoning District to the U (Utilities) Zoning District:
Property Legal Description:
A parcel of land lying in portions of Sections 13, 14, 15, 23, 24, 25, 26, and 36 in
Township 37 South, Range 37 East, all lying and being in St. Lucie County, Florida.
Being more particularly described as follows:
Commencing at the Southeast comer of said Section 36 also being the Southeast Comer
of Township 37 South, Range 37 East, proceed South 89° 54 03 West along the South
Line of said Section 36 a distance of 140.00 feet to a point on the projected West right-
of-way of the C-23 Canal; thence North 00° 05 57 West a distance of 125.11 feet to a 1
Iron Pipe at the intersection of the West right-of-way of the C-23 Canal and the
Northwesterly right-of-way line of the FEC railroad; thence continue North 00° 05 57
West along the said West right-of-way of the C-23 Canal a distance of 207.65 feet to the
Point of Beginning of said parcel ofland; thence departing said West right-of-way of the
C-23 Canal South 89° 54 18 West a distance of 90.00 feet; thence North 30° 44 35
West a distance of 24,204.73 feet; thence North 90° 00 00 East a distance of 12,487.90
feet to a point on the said West right-of-way of the C-23 Canal; thence South 00° 07 12
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West along the West right-of-way of the C-23 Canal a distance of 15,855.41 feet to a
point of intersection with the North line of said Section 36 and the West right-of-way of
the C-23 Canal; thence South 00° 05 57 East a distance of 4,947.67 feet to the point of
beginning of this description; said parcel containing 3,000.00 acres more or less.
AFTER MOTION AND SECOND, THE VOTE ON THIS RESOLUTION WAS AS
FOLLOWS:
Chairman Frannie Hutchinson AYE
.' Vice-Chairman Doug Coward AYE
Commissioner Paula Lewis AYE ."i~
Commissioner Chris Craft A YE .;;:(~t "Ýf'
Commissioner Joseph Smith ~ :'7Jl;' ~ ;-
PASSED AND DULY ADOPTED this 8th day ofNovem~t :':". .~~:~\
BOARD OF COUNTY C
ST. LUCIE·.cOUNTY,~·
(f:W:~1f'2;'~i:'~ B:r:}FranniC Hutclll ' on, Chairman
ATTEST: \¡ ... \. ..:' /;1 APPROVED AS TO FORM AND
b~c;~;~~l~ C07~
De uty Clerk {W.-- County Attorney
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