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Home My WebLink About12-013RESOLUTION NO. 12-013 FILE NO.: RZ 920094011 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING APPROVAL FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM AR-1 (AGRICULTURAL, RESIDENTIAL -1 DU /1 ACRE) TO THE U (UTILITIES) FOR CERTAIN PROPERTY 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. St. Lucie County Utilities, presented a petition for a change in zoning from the AR-1 (Agricultural, Residential -1 du/ac) Zoning District to the U (Utilities) Zoning District on a 38- acre parcel of land located on the east side of Taylor Dairy Road in St. Lucie County, Florida, as more particularly described in Part A below and depicted on the attached map as "Exhibit A" attached hereto and made a part hereof. 2. On January 21, 2010, 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 voted to continue the petition to a date certain of May 20, 2010 regarding the request for an amendment to the Official Zoning Atlas to change the zoning from the AR-1 (Agricultural, Residential -1 du/ac) Zoning District to the U (Utilities) Zoning District for the County owned real property described in Part A. 3. On May 20, 2010, the St. Lucie County Planning and Zoning Commission held a second public hearing on the petition, and voted to continue the petition to a date certain of August 19, 2010 regarding the request for an amendment to the Official Zoning Atlas to change the zoning from the AR-1 (Agricultural, Residentia! - 1 du/ac) Zoning District to the U (Utilities) Zoning District for the County owned real property described in Part A. 4. On August 18, 2010, the St. Lucie County Planning and Zoning Commission held a third public hearing on the petition, and voted to continue the petition to a date certain of October 21, 2010 regarding the request for an amendment to the Official Zoning Atlas to change the zoning from the AR-1 (Agricultural, Residential - 1 du/ac) Zoning District to the U (Utilities) Zoning District for the County owned real property described in Part A. 5. On October 21, 2010, the St. Lucie County Planning and Zoning Commission held a fourth public hearing on the petition, and voted to continue the petition to a date certain of February 17, 2011 regarding the request for an amendment to the Official Zoning Atlas to change the zoning from the AR-1 (Agricultural, Residential -1 du/ac) Zoning District to the U (Utilities) Zoning District for the County owned real property described in Part A. October 2, 2012 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Resolution No. 12-013 File No. RZ 920094011 SAINT LUCIE COUNTY Page 1 FILE # 3758022 10/15/2012 at 02:58 PM OR BOOK 3442 PAGE 2186 - 2190 Doc Type: RESO RECORDING: $44.00 6. On February 17, 2011, the St. Lucie County Planning and Zoning Commission held a fifth public hearing on the petition, and voted to recommend that the Board of County Commissioners deny, by a vote of 8 to 1, the hereafter described request for an amendment to the Official Zoning Atlas to change the zoning from the AR-1 (Agricultural, Residential -1 du/ac) Zoning District to U the (Utilities) Zoning District for the County owned real property described in Part A. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 7. On July 3, 2012, this Board held the first public hearing on the petition, after publishing notice at least 7 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 8. On July 17, 2012, this Board held and continued the second public hearing on the petition to October 2, 2012, after publishing notice at least 5 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property and voted to continue this petition to a date certain. 9. On October 2, 2012, this Board held the third public hearing on this petition. 10. 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. 11. The proposed change in zoning is consistent with the existing and proposed uses in the surrounding area. Any future development of the subiect property for utility uses that requires site plan approval shall be reviewed by the Board of County Commissioners at a public hearing and noticed according to the provisions of Section 11.00.03 of the Land Development Code. 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 to change the zoning from the AR -1 (Agricultural, Residential -1 du/acre) Zoning District to the U (Utilities) Zoning District for the project known as "North County Regional Water and Wastewater Treatment Plants Rezoning" for the property owned by St. Lucie County and described below is hereby approved. Legal Description: The Southwest'/. of the Southeast'/. of Section 13, Township 34 South, Range 39 East, LESS AND EXCEPT all rights of way for drainage canals and public roads; all lying in St. Lucie County, Florida. Location: 38 acres of land, more or less, on the east side of Taylor Dairy Road, approximately'/4 mi{e south of Indrio Road Pa rce I I D#: 1313-430-0000-000-5 B. The St. Lucie County Planning and Development Director is hereby authorized and directed October 2, 2012 Resolution No. 12-013 File No. RZ 920094011 Page 2 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 da 45 46 47 48 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 on the GIS computer mapping system stored electronically by the PDS Department. C. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B," was signed by the applicant on September 10, 2009. D. This Resolution shall be recorded in the Public Records of St. Lucie County. E. A copy of this Resolution shall be mailed, return receipt requested to the owner and agent of record as identified on the application. After motion and second, the vote on this Resolution was as follows: Commissioner Chris Dzadovsky, Chair Aye Commissioner Tod Mowery, Vice Chair Aye Commissioner Paula A. Lewis Aye Commissioner Chris Craft Aye Commissioner Frannie Hutchinson Aye PASSED AND DULY ADOPTED This 2"d Day of October, 2012. ATTEST: ~' i } ~ d t y~. f ` :.'~ ,> - ,- _ ~' ~'Y .y .. _.-_. ...; s:... ~ ''' ~- ~ ~x c ~ ~ _ ,~s ~. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY hairman APPROVED AS TO FORM AND CORRECTNESS: October 2, 2012 `~~:-,~.~,~~ File No. RZ 920094011 County Attorney Resolution No. 12-013 Page 3 EXHIBIT A RZ-920094011 Future t_and use North County Regional Water & Wastewater Treatment Plants O COM R ttJDRI 'RD I u ' ~ ~ MXD ~ C • ~ TVC ' i ~ ~ ~ i ap- k ~ a b 1 ~ w s z Y ~ ~ ~ M) D ~ ! a ~ ~ --- ~ -------- T/U ®Subject property Future Land Use RM - Reaidenaal Medium (9 du/ac) c N ~ . COM - Commeraal RU - Residential Urban (5 du/ac) s ~ ~ ~ i MXD -Mixed Use Development T/U -Transportation/Utilities ~ 500 ft. notification area pIF -Public Facilities NC -Towns, Villages, and Countryside ~ ~ _ ~ Map prepared May 23. 2012 October 2, 2012 Resolution No. 12-013 File No. RZ 920094011 Page 4 EXHIBIT B Concurrency Deferral Affidavit St. Lucie County Concurrency Deferral Aft3davit I Laurie waldie ~ residing or doing business at 23W Virginia Avenue Name Street Fort Pierce FL 34982-5632 772-062-1150 _ Ltity State Zip Phone have applied fora Rezoning from St. Lucie County, Florida, Type ofDevclopmcnt Order for the following project: Nocdt County Regiotul water and wastewater Treatment Plants Name of Prtrpoazd Devebproeot 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 far a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certifcate 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 Cuunty Land Development Code, no final development approval can he 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 outer rights to develop the subject property. l~ ~ ~ ~n ~~ Signed: ~ //fi~(.L,LI.t ~ {~~ Date: i ppl~ icant STATT OF 11.01}[DA COUNTY OF ~J7 /.{ ~ ~ J ~~ ~ ~ D T e fo egoing mstrlunent was acknowledge , 20 , by day of0 d before me this (,(kl O, ~D _ who i ersonally known me or who has produced as idenlificatiun. ~ 1 ^ /~ ~~.J ~! / ~ I, J ' ~* ignature of No[ary S [ype or Print Name of Not ^^ l , ~0 ~~~ 11 _. ..CommissionNumber (Seal) 7`µ'n LlAl1YrALDIgP ys WCOMll361(M110DB114B10 EXPMIEa:Janaaryd,2atY ~~r'bn arawnaaara Haar Qrnierr Page 1 of 1 Revised: April 1, 2008 October 2, 2012 Resolution No. 12-013 File No. RZ 920094011 Page 5