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Home My WebLink About12-015Resolution No. 12-015 File No.: RZ 520114265 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS FROM AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/1 ACRE) ZONING DISTRICT TO CO (COMMERCIAL, OFFICE) ZONING DISTRICT FOR PROPERTY LOCATED 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. Kelly Smith petitioned for an amendment to the Official Zoning Atlas to change the zoning from the AR-1 (Agricultural, Residential - 1 du/1 acre) Zoning District to the CO (Commercial, Office) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph "A" and depicted on the attached map as Exhibit "A". 2. On March 15, 2012 the St. Lucie County Planning and Zoning Commission 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, and recommended that the Board of County Commissioners approve the hereinafter described request for an amendment to the Official Zoning Atlas from the AR-1 (Agricultural, Residential - 1 du/1 acre) Zoning District to the CO (Commercial, Office) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph "A". 3. On April 3, 2012 this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and proposed uses in the surrounding area. 6. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B" was signed by the applicant on April 4, 2011. April 3, 2012 Resolution No. 12-015 File No.: RZ 520114265 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Pa e 1 SAINT LUCIE COUNTY 9 FILE # 3711766 06/06/2012 at 04:17 PM OR BOOK 3397 PAGE 1335 - 1339 Doc Type: RESO RECORDING: $44.00 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed amendment to the Official Zoning Atlas from the AR-1 (Agricultural, Residential - 1 du/1 acre) Zoning District to the CO (Commercial, Office) Zoning District for the property owned by Kelly Smith and described below is hereby approved. LEGAL DESCRIPTION: THE EAST %2 OF THE FOLLOWING DESCRIBED PROPERTY: LOT 61, LESS THE WEST 5 ACRES THEREOF ON THE FILE IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; WHICH PROPERTY IS DESCRIBED AS THE SOUTH '/2 OF THE SW '/4 OF THE NW '/ OF SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST, LESS THE WEST 5 ACRES THEREOF, CONTAINING 12 ACRES, MORE OR LESS, AND LYING AND BEING IN ST. LUCIE COUNTY, FL. SITE ACERAGE: 6.7 ACRES (MORE OR LESS) PARCEL ID NUMBER: 3403-502-0094-010/5 B. The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. C. A copy of this Resolution shall be mailed, return receipt requested, to the owner and agent of record as identified on the application. D. This Resolution shall be recorded in the Public Records. April 3, 2012 Resolution No. 12-015 File No.: RZ 520114265 Page 2 After motion and second, the vote on this Resolution was as follows: Chris Dzadovsky, Chairman AYE Tod Mowery, Vice-Chairman AYE Chris Craft, Commissioner AYE Paula A. Lewis, Commissioner AYE Frannie Hutchinson, Commissioner AYE PASSED AND DULY ADOPTED this 3rd day of April, 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY C~ hairman TTEST: it CLERK April 3, 2012 File No.: RZ 520114265 Page 3 Resolution No. 12-015 APPROVED AS TO FORM AND CORRECTNESS: v . ;r ~. ,. Exhibit A Site Location Map x N ~ GRAY TWIG LN ~ RAINBOW DR LUCY -~ --, ~ Legend ~~~ ,, ~ o~o~~-'1~-~-®- Subject property / i 1 ;~~,~ ~, ', 1 `, \Nf, it ,~ ~r -- '~~~~ ~ ~~ ~ I t w ' ~ > NCH D + , ~~ II ~' w ~ ~I at RIVER HAMMOCK LN . ~ ~- ~ ~;~ I I l A O m w Z ----~ CHARL TA ST I W hAIDWAY RD W 1ST ST LN LN w U April 3, 2012 File No.: RZ 520114265 Page 4 Resolution No. 12-015 EXHIBIi•• F3 ° St. Lucie County Concurrency Deferral Affidavit ~9S ~~ 1, ~~~~;~ ~,~,~,-~~n residing or doing business at ~ i r. ~- Name i7i~N, ~rl~ ~.V r Street Sty L City State have applied fora Preliminary Type of Development Order for the following project y ;~ Zip Phone from St. Lucie County, Florida, Smith/ Van Grootheest Rezoning Name of Proposed 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 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 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. '..• - Signed r~.~:~ ~!~.,`„11 ~ Date: `'~~~1 ~ ~' '•-%' STATE OF~:v t ~~~; • COUNTY 0~~, ~~,N ~_, The foregoinginstrument was acknowledged before me this `--~~,~ day of 2011, by ~'~~ ` ~ '~ know~to me or whf~ has p'rodUCed ~ f, re . ,'1 f~ r 6,, Signature of Notary ,~~'~"•" •'~; NANEITE G. PASSAFIUME __~ :~: ro~tsstoa-a. °'•. ~~;= EXPIRES: May 18, 2013 ~~~r ~r;-`R``' Bontled Thal Not2ry public Underwriters ~u> r. ~ ij .~ ;~ ' .1~ ~4ho is personally as identification. Type or Print Name of Notary Commission Number (Seal)