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HomeMy WebLinkAbout12-116 Resolution No. 12-116 File No.: RZ 720124459 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS FROM THE I (INSTITUTIONAL) 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: 1. One Plan B, LLC petitioned for an amendment to the Official Zoning Atlas to change the zoning from the I (Institutional) 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 September 27, 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 approval to the Board of County Commissioners for the hereinafter described request for an amendment to the Official Zoning Atlas from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph "A". 3. On October 23, 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 May 9, 2012. October 23, 2012 File No.: RZ 720124459 Page 1 JC3SE~'H E. StlVidTH, CLERFC OF THE CIRCi7iT CUURT ~AdNT LiJGIE GOtlNTY FiLv # 376n4'2 I i Otir2012 a[ 02:?8 PtU! '~R ~t'7Ck'~ 3450 URGE 2990 - 2994 roc Type- RESC7 ~~~~~~'~~'~~ X44 ~a resolution No. 12-116 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 I (Institutional) Zoning District to the CG (Commercial, General) Zoning District for the property owned by One Plan B, LLC and described below is hereby approved. LEGAL DESCRIPTION: THE WEST 173.52 FEET, OF THE WEST '/a, OF THE SOUTH '/2, OF THE EAST 1/2, OF THE NORTHWEST '/4, OF SECTION 11, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FL, LESS THE SOUTH 620 FEET, OF THE WEST 173.52 FEET, THEREOF. SITE ACERAGE: PARCEL ID NUMBER 2.87 acres (more or less) 2311-242-0000-000-5 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. October 23, 2012 File No.: RZ 720124459 Page 2 Resolution No. 12-116 After motion and second, the vote on this Resolution was as follows: Chris Dzadovsky, Chairman AYE Tod Mowery, Vice-Chair AYE Paula A. Lewis, Commissioner AYE Chris Craft, Commissioner AYE Frannie Hutchinson, Commissioner AYE PASSED AND DULY ADOPTED this 23rd day of October, 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY Chai an ATTEST: IDEP October 23, 2012 File No.: RZ 720124459 Page 3 APPROVED AS TO FORM AND CORRECTNESS: ~ ? ~~;^ %~~ COUNTY ATTO N Y Resolution No. 12-116 Exhibit A Site Location Map N Z ~. , ~-.. ~o Z ,~ 'z k7 1~ ~ ~~~R~ ~Z r ~q~ ~ ~ z . ~g~,~~Y ~E~S RD ~ KING?~~5$ST~G CT 1 , ~;~~, ~ Subject ~RD ~ ~. ~~; A~oAVE_ ~o property ~ ~~~ ;Q ~ ~, I~ ~O ~y ,,,~ VffAVEN ~ ~ ~~ ~ \ Mb~'C~M ~ ~ ~z \ \ ~ ~ I ' }~ / ~\ f W AVENUE e M ~ I ~~ ~ :,\ , \ lW ~~ _ \ -'~ m ~ Y 1 3 ~ i z Y N~ ~\\ 1 ~\~ PICOS RD ', October 23, 2012 File No.: RZ 720124459 Page 4 Resolution No. 12-116 EXHIBIT u g n St. Lucie County Concurrency Deferral Affidavit 1 Jose Alanis Name Fort Pierce City have applied for a residing or doing business at Rezoning FL 34945 State Zip Type of Development Order Street 772-466-8090 Phone from St. Lucie County, Florida, for the following project: 8456 Orange Ave . - Rezone Name of Proposed Development 1 do hereby affirm that in connection with my application for the above project, l 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 l 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: ~ ~~ Date: ~~ ~ ~ _ ~ ~~ App ican STATE OF FLORIDA ~~i COUNTY OF ~-f (~ _ G The fo Ding instrum t was acknowledged before me this day of Cc' , 20~ by E~C%S ~ ~ ~~-I~ ~ 5 mho is personally known to me or who h roduced as identificat' ____ Signature o otary Type or Print Name of Notary Commission Number (Seal) Page 1 of l Revised: April 1, 2008 ip1'•Z" ;;. lOi1STA PISCIOTTA e*: r_ MY COMMISSION ~ EE 070571 ~'~°• o- EXPIRES: May 5, 2015 • ~;g~ „~~`~ Bonded Thn~ Notary Public Underwriters