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10-006
1 RESOLUTION NO. 10-006 (FKA 09-219) 2 FILE NO.: RZ-620093986 3 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 5 ST. LUCIE COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING 6 ATLAS FORA 6.619 ACRE (M.O.L) PARCEL OF LAND OWNED BY 7 SANDS END DEVELOPMENT, LLC. LOCATED ON SOUTH 8 HUTCHINSON ISLAND, FROM CG (COMMERCIAL GENERAL) TO 9 HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT - 5 DWELLING 10 UNITS PER ACRE). 11 12 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 13 testimony and evidence, including but not limited to the staff report, has made the following 14 determinations: 15 16 1. Dennis J. Murphy, AICP, Culpepper & Terpening, Inc., a representative for Sands End 17 Development, LLC. (also hereinafter referred to as the "Applicant") has filed petition for 18 a change in zoning fora 6.619 acre (more or less) parcel of land, located on the 19 southern portion of South Hutchinson Island on the east side of SR A1A, immediately 20 north of the Normandy Beach access, from CG (Commercial General) to HIRD 21 (Hutchinson Island Residential District - 5 dwelling units per acre) with St. Lucie 22 County; and, 23 24 2. On November 19, 2009, the St. Lucie County Planning and Zoning Commission/Local 25 Planning Agency, held a public hearing, of which due notice was published in the St. 26 Lucie News Tribune, and recommended to the Board of County Commissioners that 27 the petition for amending the official zoning map for Sands End Development, LLC be 28 approved; and, 29 30 3. On January 19, 2010, the Board of County Commissioners of St. Lucie County, Florida 31 held a public hearing, of which due notice was placed in the St. Lucie News Tribune, 32 and continued the hearing to February 16, 2010; and, 33 34 4. On February 16, 2010, the Board of County Commissioners of St. Lucie County, 35 Florida held a public hearing, of which due notice was placed in the St. Lucie News 36 Tribune, and deemed that amending the official zoning map to be in the best interests 37 of the citizens and residents of the County. 38 39 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 40 County, Florida: 41 42 A. The proposed change in the Zoning District from the CG (Commercial, General) Zoning 43 District to the HIRD (Hutchinson Island Residential District) Zoning District for that 44 property described in "Exhibit A" owned by Sands End, LLC. is hereby approved; 45 46 B. The St. Lucie County Growth Management Director is hereby authorized and directed 47 to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, 48 and to make notation of reference to the date of adoption of this Resolution. 49 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3447528 03!04/2010 at 04:08 PM OR BOOK 3176 PAGE 22 - 26 Doc Type: RESO RECORDING: $44.00 P 1 C. This Resolution shall take effect once the associated Ordinance No. 10-006 for the 2 Future Land Use Map Amendment from COM to RM has been issued a final order by 3 the State Land Planning Agency or Administration Commission finding the adopted 4 amendment in compliance in accordance with Section 163.3184(10), Florida Statutes. 5 6 D. Adoption: 7 8 After motion and second, the vote on this Resolution was as follows: 9 10 Charles Grande, Chairman AYE 11 12 Doug Coward, Vice-Chair AYE 13 14 Chris Dzadovsky, Commissioner AYE 15 16 Chris Craft, Commissioner AYE 17 18 Paula Lewis, Commissioner AYE 19 20 21 22 PASSED AND DULY ADOPTED this 16th day of February, 2010. 23 24 BOARD OF COUNTY COMMISSIONERS 25 ST. LUCIE COUNTY, FLORIDA 26 ~ 27 ~ 28 BY 29 Ch it an 30 31 32 ATTEST, APPR VED AS TO FORM 33 AND R ECT S 34 35 ~ 36 ~ d 37 Deputy Clerk County or ey ~ y 7 ~ ~ 1 `a? Y t 1 F~ File No.: RZ-620093986 Resolution No. 10-006 February 16, 2010 Page 2 1 Exhibit "A" 2 3 LEGAL DESCRIPTION 4 5 Commence at the Southeast corner of Section 27, Township 36 South, Range 6 41 East, thence S89° 58' 49" W, along the South line of Section 27, a distance ~ of 93.81 feet to the POINT OF 8 9 BEGINNING of the following described parcel; Thence continue S 89° 58' 49" to W, along said South line of Section 27, a distance of 379.15 feet to the 11 Easterly right-of-way line of State Road A-1-A (A 100.00 foot wide right-of- 12 way) and an intersection with a non tangent curve concave to the west, having 13 a radius of 17,238.75 feet, the chord of which bears N 21 ° 17' 19" W; thence 14 northerly along the arc of said curve, and along said Easterly right-of-way line, 15 a distance of 200.93 feet through a central angle of 00° 40' 04"; thence N 21 ° 16 37" 21"W, along said Easterly right-of-way line, a distance of 648.89 feet; 1~ thence N 89° 58' 49" E a distance of 349.56 feet to the Mean High Water Line 18 of the Atlantic Ocean; thence along the Mean High Water Line the following 19 11 courses and distances; thence S 24° 12' 06" E a distance of 56.10 feet; 20 thence S 24° 27' 57" E a distance of 83.25 feet; thence S24'36'36"E a 21 distance of 84.54 feet; thence S 22° 24' 07"E a distance of 84.02 feet; thence 22 S 22° 42' 00" E a distance of 89.03 feet; thence S 21 ° 48' 18"E a distance of 23 83.46 feet; thence S 23° 38' 58"E a distance of 80.89 feet; thence S 23° 46' 24 29" E a distance of 80.27 feet; thence S 21° 58' 59"E a distance of 86.23 feet; 25 thence S23° 18' 36"E a distance of 92.02 feet; thence S 25° 52' 10" E a 26 distance of 41.46 feet to the said South line of Section 27 and the POINT OF 27 BEGINNING. 28 29 Containing 6.619 acres, more or less. 30 31 File No.: RZ-620093986 Resolution No. 10-006 February 16, 2010 Page 3 ® ~ # Z o N o • p N M N 'i. ' ~ t~~.~ ~ y. 7 C~ ~ 9 N LL N ~ Q d d fC 5~ L ~ N M ~ ~ ~ O ~ ~Gea'r ~~a N c~ ~ P~~ar~~G ~ N c~ ~ ,U LJ.. N V ~ J = ° .c ~ J O ~ ~ ~ 7 L U ~ ~a~ M ~ w m~ z Z c Q ~ s U ~U ~ o , , cUm NUUS- J W ~,~a~a ~ ~ a~ a 0 a U N p ~ u n ~ St. Lucie County Concurrency Deferral Affldavlt l V?J~ I 4~OiSDI~~'~; residing or doing business at1~~?1 't! ~ , . , t t . 0.t e~Gc~ , ~ , 33~ 23q. ~t~o Oily State Zip Phone have applied fora ~ ~ ~ ~`'1 from St. Lucie County, Florida, Type of Development Order for the following project: ~ ~G~+~'"©PM'F~ Name of Propose" 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 for the above property until 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 wilt 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 for 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. Sig d: Date: ~ ~ ~ 6 , Q Applican ~ , STATE OF FLORIDA couNTV o>F The foregoing instrument was acknowledged before me this ~ G day of O~~-, 20~., by b.Q~-N i~L. A OSE?~'~~ who is personally kn~tp to me or who has produced as Identification. Signature o ry Type or Print Name ofNotary 7 ~'f 3 °I S~ Commission Number (Seal) ° ~ Notary Pubi'rc State of Florida Maria Margar(ta Suarez e My Commission D0743958 ~o?r~o~° Expires02l28/272 Page 1 of 1 Revised; April 1, 2008