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Home My WebLink About12-020Resolution No. 12-020 File No.: RZ 420124421 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS FROM THE CO (COMMERCIAL, OFFICE) ZONING DISTRICT TO THE CG (COMMERCIAL, GENERAL) 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: Armando Galban petitioned for an amendment to the Official Zoning Atlas to change the zoning from the CO (Commercial, Office) Zoning District to the CG (Commercial, General) 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 June 21, 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, with a recommendation that resulted in a 3-3, tie vote to the Board of County Commissioners for the hereinafter described request for an amendment to the Official Zoning Atlas from the CO (Commercial, Office) Zoning District to the CG (Commercial, General) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph "A". 3. On August 7, 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 10, 2012. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3737819 08/2012012 at 10:35 AM OR BOOK 3422 PAGE 2825 - 2830 Doc Type: RESO RECORDING: $52.50 Resolution No. 12-020 August 7, 2012 File No.: RZ 420124421 Page 1 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 CO (Commercial, Office) Zoning District to the CG (Commercial, General) Zoning District for the property owned by Armando Galban and described below is hereby approved. LEGAL DESCRIPTION: Lots 5, 6, 7, 8, 9, 10, 11 and 12, Less Midway Road right-of-way, and all of Lot 14, Block 2, "Central White City Subdivision", according to the plat thereof, as recorded in Plat Book 5, Page 63, St. Lucie County, Records, Florida. SITE ACERAGE: 0.78 acres (more or less) PARCEL ID NUMBERS: 3403-804-0016-000/9 and 3403-804-0018-000/3 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. August 7, 2012 File No.: RZ 420124421 Page 2 Resolution No. 12-020 After motion and second, the vote on this Resolution was as follows: Chris Dzadovsky, Chairman AYE Tod Mowery, Vice-Chair AYE Paula A. Lewis, AYE Chris Craft, Commissioner AYE Frannie Hutchinson, Commissioner AYE PASSED AND DULY ADOPTED this 7th day of August, 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY ATTEST: DEpUTI(CLERK ~ ~ ~' •~' - ~. r. w ~ ~ _ -_ _ _- x ~~ C August 7, 2012 Resolution No. 12-020 File No.: RZ 420124421 Page 3 APPROVED AS TO FORM AND CORRECTNESS: Exhibit A Site Location Map N a~ Q L C _~ ~ 0 Weatherbee Rd Midwa R Subject c P~'oPe~Y a~ ¢' ~ _ ~ ~ ~, U a~ Q ~ ~ c ca a~ O August 7, 2012 Resolution No. 12-020 File No.: RZ 420124421 Page 4 Exhibit B Concurrency Deferral Affidavit August 7, 2012 File No.: RZ 420124421 Page 5 Resolution No. 12-020 i?BG:~i\r(1C~ ~ ~ ~`l~ririirt.,~ ~"l r.,i~w . I, Armando V. Galban St. Lucie County Rezoning Street 954-444-8713 Phone from St. Lucie County, Florida, Name Fort Pierce City have applied for a Concurrency Deferral Affidavit 387 Midway Rd. & residing or doing business at 5001 star Ave . FL 34982 State Zip Type of Development Order for the following project: Galban 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 wlderstand 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. ;ry. `~ Signed ~ t 1._,... ~ ~ tf ,I ,, L,._~ __ Date Applicant STATE OF FLORIDA COUNTY OF_`~-I-. ~.-~ tC i ~-.- ~d ~-r u l l ~ C_O.h The foregoing instrument was acknowledged before me this day of - , 20~, by ~~ ~ , "1 ~!~ ;h~~lC i i'1C1 L" C t ~ hGi /`~ who is personally known to me or who,has produced ~L '__.~. as identification. ~~ ~ _ J~ j ,~ L./ Signature of Notary Type or Print Name of Notary CoimnissionNumber (Seal)-; ~s ~.~L ~ r ~, T i _ , ~ 4 ..., .. .. . F, ~ ~~ e,: .. f( Page 1 of 1 Revised: April ], 2008