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HomeMy WebLinkAbout14-018JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3925961 02/17/2014 at 03:31 PM OR BOOK 3604 PAGE 2606 - 2610 Doc Type: RESO RECORDING: $44.00 1 RESOLUTION 14-018 2 FILE NO.: RZ 1120134702 3 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE 5 COUNTY AMENDING THE OFFICIAL ZONING ATLAS FORA 1.1 ACRE (M.O.L.) PARCEL 6 OF LAND OWNED BY HUTTON GROWTH ONE, LLC, FROM IL (INDUSTRIAL, LIGHT) TO 7 CG (COMMERCIAL GENERAL). 8 9 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on 10 testimony and evidence, including, but not limited to the staff report, has made the following 11 determinations: 12 13 1. Noreen Dreyer, Esq. acting as agent for Hutton Growth One, LLC, has initiated an 14 amendment to the Official Zoning Atlas fora 1.1 acre (MOL} parcel from IL (Industrial, 15 Light) to CG (Commercial General) to be consistent with the existing Future Land Use 16 Designation on the subject property of IND (Industrial). 17 18 2. St. Lucie County Planning and Development Services staff has performed the required 19 land use analysis for this application, which can be found in the Planning and 20 Development Services memorandum dated January 16, 2014, entitled "Rezoning - 21 Hutton Growth One, LLC from IL (Industrial Light) to CG (Commercial General)." 22 23 3. On January 16, 2014, the St. Lucie County Planning and Zoning Commission held a 24 public hearing on the petition, of which due notice was published in the St. Lucie News 25 Tribune and recommended that the Board of County Commissioners approve the 26 change in zoning to CG (Commercial General). 27 28 4. On February 4, 2014, the Board of County Commissioners of St. Lucie County, Florida, 29 held a public hearings, of which due notice was published in the St. Lucie News 30 Tribune. 31 32 5. The proposed change in zoning satisfies the requirements of Section 11.06.03 of the 33 St. Lucie County Land Development Code as outlined in the Planning and Zoning 34 Commission staff report dated January 16, 2014 and is consistent with the goals, 35 objectives, and policies of the St. Lucie County Comprehensive Plan. 36 37 6. The proposed change in zoning is consistent with the proposed use of the property 38 and the surrounding area. 39 40 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 41 County, Florida: 42 43 A. The proposed amendment to the Official Zoning Atlas fora 1.1 acre (MOL) parcel from 44 IL (Industrial, Light) to CG (Commercial General) to be consistent with the existing 45 Future Land Use Designation on the subject property of IND (Industrial) for the subject 46 property depicted in Exhibit "A" is approved. 47 48 B. The Planning and Development Services Director is hereby authorized and directed to 49 cause the change to be made on the Official Zoning Atlas of St. Lucie County, Florida, Resolution 14-018 Five No.: RZ 1 1 201 34702 Planner: Britton Wilson Page 2 1 2 3 4 5 6 7 8 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 r" 34 4,, 35 and to make notation of reference to the date of adoption of this Resolution. C. This Resolution shall be recorded in the Public Records. D. After motion and second, the vote on this Resolution was as follows: Frannie Hutchinson, Chair AYE Paula Lewis, Vice-Chair AYE Chris Dzadovsky, Commissioner AYE Tod Mowery, Commissioner AYE Kim Johnson, Commissioner AYE PASSED AND DULY ADOPTED this 4th day of February, 2014. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY,. FLORIDA Chair'(,. ATTEST /'; APPROVED AS TO FORM J s AND C.pRRECTNESS ._ , ~. vt~ ~~ 4 Cl~.rk. County r s ~x (Y Resolution 14-018 File No.: RZ 1120134702 Planner: Britton Wilson Page 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Exhibit "A" Legal Description and Concurrency Deferral Affidavit A PARCEL OF LAND LYING IN A PORTION OF SECTION 12, TOWNSHIP 37 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, ALSO LYING IN A PORTION OF THE EAST HALF OF LOT 2, BLOCK 1, ST. LUCIE GARDENS ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 35, PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, LENNARD ROAD SQUARE, AS RECORDED IN PLAT BOOK 34, PAGE 7, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID NORTHEAST CORNER ALSO BEING ON THE WESTERLY RIGHT-OF-WAY OF LENNARD ROAD; THENCE NORTH ALONG SAID WESTERLY RIGHT-OF-WAY OF LENNARD ROAD, A DISTANCE OF 446.23 FEET TO THE POINT OF BEGINNING; THENCE N 90°00'00" W DEPARTING SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 270.85 FEET; THENCE NORTH 00°01'54" WEST, A DISTANCE OF 176.67 FEET; THENCE NORTH 89°52'49" EAST, A DISTANCE OF 270.94 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF LENNARD ROAD; THENCE S 00°00'00" W ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 177.24 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING WITHIN SAID BOUNDS 47,937 SQUARE FEET (1.10 ACRES)± MORE OR LESS. Resolution 14-018 File No.: RZ 1120134702 Planner: Britton Wilson Page 4 St. Lucie County Conenrrency Deferral Affidsvtt Huttoc~ Growth One LLG I,Noreen S. Dreyer, Attorney-in-fact, For doing busuiess a~ 736 Cherry street Name Street ~hattanooaa, TN 37402 City State Zip Phone have applied fora rezoning of land from St. Lucie County, Florida, Type of Development Order for the following project: Hutton 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 fisted 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 o capacity creates no vested or other rights to develop the subject property. Signed: ~ ,~ Date: 1f Applicant STATE OF FLORIDA COUNTY OF ST. LUCIE ~ _ ~,rt~ The foregoing instntmenE was aclmowledged before the this ~~ day of ~~ _, 20~ by ,~Vra~l.'w'~e. ~ S.~.17QQ~lE~ who is personally known to the or who has produced as identification. ~Z~iME .~ G~/ ~..t..~-l7if?:i`._ i1~7'~i4r~W i9- 1N ~ .~C____/ ___.~i~F'~ Signature of Notary Type or Print Name of Notary Commission Number (Seal) K !uY CtMdMISS10N / EE 012855 _ ~ ; EXPoRES: November 28.2014 Bonded 7lru Nohry PnbSc••lMtlerMMen 1-,. Page I of 2 Revised: April ], 2048 1 Resolution 14-01 F File No.: RZ 112013470 Planner: Britton Wilsor Paget