HomeMy WebLinkAbout09-211 1 RESOLUTION NO. 09-211
2 FILE NO.: RZ 620093985
3
4
5 A RESOLUTION OF THE BOARD OF COUNTY
6 COMMISSIONERS OF ST. LUCIE COUNTY GRANTING
7 APPROVAL FOR AN AMENDMENTTO THE OFFICIAL ZONING
8 ATLAS TO CHANGE THE ZONING FROM THE IX (INDUSTRIAL
9 EXTRACTION) ZONING DISTRICT TO THE AG 2.5
10 (AGRICULTURE -1 DU/2.5 ACRES) ZONING DISTRICT FOR A
11 PARCEL LOCATED AT 13303 ORANGE AVENUE SITUATE IN
12 ST. LUCIE COUNTY, FLORIDA.
13
14
15 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
16 the testimony and evidence including, but not limited to the staff report, has made the
17 following determinations:
18
19 1. Thomas Morse petitioned for an amendment to the Official Zoning Atlas to change
20 the zoning from the IX (Industrial, Extraction) Zoning District to the AG 2.5
21 (Agriculture - 1 du/2.5 acres) Zoning District, located at 13303 Orange Avenue
22 situate in St. Lucie County, Florida, for the property described in Paragraph "A"and
23 depicted on the attached map as Exhibit "A."
24
25 2. On November 6, 1984, by Resolution 84-181, the Board of County Commissioners
2 6 granted an approval for a change in zoning from the AG (Agriculture) Zoning District
27 to the IX (Industrial, Extraction) Zoning District.
2s
29 3. On September 24, 2009, the St. Lucie County Planning and Zoning Commission
3 o held a public hearing on the petition, after publishing notice at least 10 days prior to
31 the hearing and notifying by mail all owners of property within 500 feet of the subject
32 property, and recommended that the Board of County Commissioners approve the
33 hereafter described request for an amendment to the Official Zoning Atlas to
34 change the zoning from the IX (Industrial, Extraction) Zoning District to the AG 2.5
35 (Agriculture -1 du/2.5 acres) Zoning District for the property described in Paragraph
36 "A."
37
3 a 4. On December 15, 2009, this Board held a public hearing on the petition, after
39 publishing notice at least 10 days prior to the hearing and notifying by mail all
40 owners of property within 500 feet of the subject property.
41
December 15, 2009 Resolution No. 09-211
File No. RZ 620093985 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT 1
SAINT LUCIE COUNTY
FILE # 3431951 01/20/2010 at 12:29 PM
OR BOOK 3163 PAGE 1185 - 1190 Doc Type: RESO
RECORDING: $52.50
6
1 5. The proposed change in zoning is not in conflict with the goals, objectives, and
2 policies of the St. Lucie County Comprehensive Plan and has satisfied the
3 requirements of Section 11.06.03 of the St. Lucie County Land Development Code.
4
5 6. The proposed change in zoning is consistent with the existing and proposed uses in
6 the surrounding area.
7
s NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
9 Lucie County, Florida:
10
11 A. The proposed amendment to the Official Zoning Atlas to change the zoning from the
12 IX (Industrial, Extraction) Zoning District to the AG 2.5 (Agriculture -1 du/2.5 acres)
13 Zoning District for the project known as "8.65 Acre Orange Avenue Rezone," for the
14 property owned by Thomas Morse and described below is hereby approved.
15
16 Legal Description:
17
1s The West 1/2 of the West 1/2 of the Northeast 1/a of the Southwest 1/a and the
19 East 1/2 of the East 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 8,
20 Township 35 South, Range 39 East, LESS AND EXCEPTING the following:
21
22 From the Northwest corner of the East 1/z of the East 1/z of the Northwest 1/a of
23 the Southwest 1/a of Section 8, Township 35 South, Range 39 East, run
24 South 46.73 feet to the South right-of-way line for Orange Avenue for the
25 POINT OF BEGINNING; thence continue South 1299.23 feet to the South
26 line of said Northwest 1/4 of the Southwest 1/a; thence run East 176.98 feet;
27 thence run North parallel with the first line run 849.12 feet; thence run West
2s parallel with the North line of said Northwest 1/4 of the Southwest 1/a, 26.98
29 feet; thence run North parallel with the first line run 451.58 feet to the South
3 0 line of the 66.00 foot right-of-way for Orange Avenue; thence run West
31 150.10 feet to the POINT OF BEGINNING. AND LESS the East 210.00 feet
32 of the West 1/2 of the West 1/2 of the Northeast 1/a of the Southwest '/a of
33 .Section 8, Township 35 South, Range 39 East, ALSO EXCEPTING
34 therefrom, all rights-of-way for Drainage Canals and Public Roads.
35
36 Location: 13303 Orange Avenue, St. Lucie County, Florida.
37
38 ParcellD#: 2308-312-0003-000/0
39
4o B. The St. Lucie County Growth Management Director is hereby authorized and
41 directed to cause the notation of this resolution to be made on the Official Zoning
42 Atlas of St. Lucie County, Florida, and to make notation of reference to the date of
43 adoption of this Resolution.
December 15, 2009 Resolution No. 09-211
File No. RZ 620093985 2
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1
2 C. A ConcurrencY Deferral Affidavit, a copy which is attached to this Resolution as
3 Exhibit "B," was signed by the applicant on July 31, 2009.
4
5 D. A copy of this Resolution shall be mailed, return receipt requested to the owner and
6 agent of record as identified on the application.
7
8 E. This Resolution shall be recorded in the Public Records.
9
to After motion and second, the vote on this resolution was as follows:
11
12 Commissioner Charles Grande, Chairman AYE
13
14 Commissioner Doug Coward, Vice Chair AYE
15
16 Commissioner Paula A. Lewis AYE
17
18 Commissioner Chris Dzadovsky AYE
19
20 Commissioner Chris Craft AYE
21
22 PASSED AND DULY ADOPTED This 15th Day of December 2009.
23
24
25 BOARD OF COUNTY COMMISSIONERS
26 , ,~~]E~'~ ST. LUCIE COUN •;FLORIDA
28 ~ ~ ~1~~~~
E h .y X t , ~ t
3 0 ~ - ~ ~F~ BY
31 *~f~, `t ~s,r'' Q , ti airman. ~~~i~~r~'4f d .
32 "
33 ATTEST. ~ ~ ~~a~ APPROVED AS TO FORM AND ~ ~ . ~
~
34 ~r CQRRECTNESS: ~ 4~
35 i r~,
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37 _
3 8 '
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39 Dep ty Clerk _ County Attorney
40
41
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43
December 95, 2009 Resolution No. 09-211
File No. RZ 620093985 3
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St. Lucie County
Concurrency Deferral AfFdavit
I, r~ ~4~ ~ i
~ ,residing or doing business at ~,G'~ ~"7~• ~yt~~? ~`~~c'~ t~~b" ~vr
i~ State Zip Phone
have applied fora ~ fratn St. Lucie County, Florida,
Type of Develo eirt Order
far the following project: ~ ~ .
Name of Propos Development
I do hereby affirm that in connection with my application for the above project, I have elected to
defer the certificate of capacity and reservation of capacity in public facilities far the above
property unril a later time, but no later than the application for a final development order for the
same property.
I understand and acknowledge that the above listed property will be subject to the certificate of
capacity before any final development order can be issued, and that St. Lucie County can make
no guarantee that adequate public facilities will be available when I apply fox the final
development order.
I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land
Development Code, no final development approval can be granted until capacity in those
facilities is available at that time. The issuance of a preliminary development order without a
certificate of capacity creates no vested or other rights to develop the subject property.
Signed: Date: ~ ~
A p cant
STATE OF FLORID
COUNTY OF
The foregoing instrumnent was acknowledged before me this day of 20 v i ' by
~C; tl ~i?~l who is personally known to me or who has produced
as identification.
~ ~ ~ 1G'~i~ir
Signaturye of Notary Type or Print Name of Notary
c7 ~~f ~ `J~ Commission Number (Seal}
Sp~Y ~k~
~,"•,~„f, LESL GtE
. JOt~iNS
';a} `~8~= Notary 1'ub5o -State of Ftoric~
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y;'`~ Commiss~ Jul 4, 201
Comm DD 570178 0
gandert BY Nat[prrat
Page l of l ~~+Y Asal?.
Revised: April 1, 2808