HomeMy WebLinkAbout11-0041 RESOLUTION NO. 11-004
2 File No. BCC 120091957 and BCC 120091932
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4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
5 COUNTY, FLORIDA, REVOKING A DEVELOPMENT AGREEMENT BETWEEN THE
5 BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AND
~ INCOM PROPERTIES 31, INC., DVA 06-001
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9 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
io the testimony and evidence, including but not limited to the staff report, has made the
11 following determinations:
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13 1. On October 17, 2006, this Board adopted Resolution No. 06-168 granting approval
14 for a major site plan for the project known as King Leal Industrial Subdivision.
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16 2. On October 17, 2006, this Board adopted Resolution No. 06-169 granting approval
1 ~ for a major site plan for the project known as Regions Center Industrial Subdivision.
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19 3. On October 17, 2006, this Board entered into a development agreement with Incom
2 o Properties 31, Inc. after determining that the improvements to the intersection of
21 Kings Highway and Angle Road were needed in order to maintain concurrency
22 management requirements forthe industrial park projects proposed on the property
23 by the Developer.
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25 4. On March 1, 2011 this Board held the first public hearing on the revocation of this
26 Agreement, after publishing notice approximately seven days prior to the first
2 ~ hearing. Notice of intent to consider the revocation of this agreement was mailed at
2 s least 15 days prior to the first hearing to all property owners lying within 500 feet of
2 9 the property.
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3 ~ 5. On April 5, 2011 this Board held the second public hearing on the revocation of this
32 Agreement after publishing notice approximately seven days prior to the second
33 public hearing. In accordance with Section 11.08.02 the day, time and place of the
34 second public hearing was announced at the first public hearing and no further
35 notice was required to be mailed to the adjacent property owners.
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37 6. Incom Properties 31, Inc. has failed to comply with the terms of the October 17,
3 s 2006 Development Agreement (06-001) as follows:
3 9 a. failed to convey road right-of-way to the County and
4 o b. failed to pay fees required for mitigated project impacts to the roadways.
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April 5, 2011 Resolution No. 11-004
File No. BCC 120091957 and BCC 120091932 Page 1 of 4
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE it 3582308 04/15/2011 at 02:38 PM
OR BOOK 3285 PAGE 2189 - 2192 Doc Type: RESO
RECORDING: $35.50
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7. The proposed revocation of the October 17, 2006 Development Agreement (06-
001) is consistent with the standards of the St. Lucie County Land Development
Code and the Code of Ordinances of St. Lucie County and is in the best interest of
the health, safety, and welfare of the citizens of St. Lucie County, Florida.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. Pursuant to Section 11.08.08 of the St. Lucie County Land Development Code, the
Board of County Commissioners determined based on substantial competent
evidence that Incom Properties 31, Inc. failed to comply with the terms of the
October 17, 2006 Development Agreement (06-001). The October 17, 2006
Development Agreement (06-001) is hereby revoked for the property described
below,
LEGAL DESCRIPTION: King Leal industrial subdivision site, which is described as follows:
A PARCEL OF LAND LYING IN SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NW 14 OF THE SOUTHWEST 14 OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39
EAST, LESS THE SOUTH 200' OF THE WEST250 FEET AS CONTAINED IN DEED IN OR BOOK
79, PAGE 179, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; AND LESS ALL ROAD AND
CANAL RIGHTS OF WAY
PARCEL CONTAINS 34.33 ACRES MORE OR LESS.
(Property Tax ID#: 1336-320-0000-000/8)
LEGAL DESCRIPTION: Regions Park industrial subdivision site, which is described as follows:
LOTS 4, 5, 6, 7, AND 8, LESS THE WEST 70 FEET OF LOT 8, MARTIN SUBDIVISION OF THE N
1/2 OF THE NW 1/4 OF SECTION 1, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 46, OF THE PUBLIC RECORDS
OF ST. LUCIE COUNTY FLORIDA.
LESS AND EXCEPT THAT PART OF LOTS 6, 7 AND 8, CONVEYED IN DEED RECORDED IN O.R.
BOOK 270, PAGE 1251, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL OF LAND:
THE EAST 800 FEET OF THE WEST 870 FEET OF THE NORTH 1013.06 FEET OF THE
NORTHWEST QUARTER OF SAID SECTION 1.
B. Notification of the Board of County Commissioners' decision shall be mailed to all
parties, and the decision shall be filed with the Planning and Development Services
April 5, 2011
File No. BCC 120091957 and BCC 120091932
Resolution No. 11-004
Page 2 of 4
Department in accordance with Section 11.08.04 of the Land Development Code.
C. Within 14 days after the Board's determination to revoke the Development
Agreement 06-001, the Clerk to the Board shall record this resolution in the Public
Records of St. Lucie County. A copy of the recorded resolution shall be submitted
to the Department of Community Affairs within 14 days after the decision by the
Board.
After a motion and second, the vote on this resolution was as follows:
Chris Craft, Chairman AYE
Chris Dzadovsky, Vice Chairman AYE
Tod Mowery, Commissioner AYE
Paula A. Lewis, Commissioner AYE
Frannie Hutchinson, Commissioner AYE
PASSED AND DULY ADOPTED this 5th day of April, 2011
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April 5, 2011
File No. BCC 120091957 and BCC 120091932
BOARD O NTY COMMISSIONERS
ST. LU E CO NTY,,RL~RIDA
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APPROVED AS TO FORM AND
CORRECTNESS:
County Atto
Resolution No. 11-004
Page 3 of 4
Exhibit A
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April 5, 2011 Resolution No. 11-004
File No. BCC 120091957 and BCC 120091932 Page 4 of 4