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Home My WebLink About14-002 BOA1 BOARD OF ADJUSTMENT BOA 14-002 File No.: BA 120144717 A RESOLUTION GRANTING AN EMINENT DOMAIN WAVIER FOR PROPERTY LOCATED AT 770 WEST MIDWAY ROAD, IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of Adjustment 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. The Florida Department of Transportation presented a petition for an Eminent Domain Waiver from Section 7.04.01.B (Table 7-10) and Section 7.09.04.A.1 of the St. Lucie County Land Development Code to allow a four (4) foot encroachment into the required landscape buffer and a two and one tenth (2.1) foot encroachment into the required building front setback in the CO (Commercial, Office) Zoning District for the property depicted on the attached maps as Exhibit "A" and described below. 2. On February 1, 2011, the Board of County Commissioners of St Lucie County Florida adopted Ordinance No 11-005 which amended the St Lucie County Land Development Code to provide for eminent domain waivers and added Section 10.03.00 Eminent Domain Waiver which provides for the use of a waiver where an eminent domain action renders a site nonconforming. 3. On September 3, 2013 the Board of County Commissioners adopted Resolution designating Midway Road as eligible to apply for eminent domain waivers as provided for in Section 10.03.00. The Florida Department of Transportation has specific public transportation projects on Midway Road which necessitates the use of eminent domain action. 4. On January 15, 2014, the Florida Department of Transportation submitted an Eminent Domain Waiver application for property owned by Medfield Realty & Investment Corporation, a Florida Corporation. On January 23, 2014, the owner of the subject property was mailed a copy of the Florida Department of Transportation application, for the Eminent Domain Waiver, as required by Section 10.03.00. 5. On May 28, 2014, this Board held a public hearing on the petition, after publishing a notice of such hearing, placing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property. File No.: BA 1201447 Page 1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COUR SAINT LUCIE COUNTY FILE # 3964076 06/11/2014 at 02:51 PM a ORD OR BOOK 3641 PAGE 369 - 375 Doc Typ RECORDING: $61.00 BA Resolution No. 14-002 May 28, 2014 6. After consideration of the testimony presented during the public hearing, including staff comments and the standards of review for granting eminent domain waivers set out in Section 10.03.00 D, St. Lucie County Land Development Code, the Board of Adjustment has made the following determination: The requested eminent domain waiver has met the standards of review as set forth in Section 10.03.00, St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan, because: a. The requested wavier shall not adversely affect safety, aesthetic, or environmental conditions of neighboring properties; and b. The requested waiver shall not adversely affect the safety of pedestrians or operations of motor vehicles; and c. The requested wavier is not expected to encourage or promote the continuation of existing uses of the property which will be rendered unfeasible or impractical due to the impacts of the taking and/or construction of the roadway; d. The remainder parcel shown on the Remainder Sketch shall be the site on which compliance with the Land Development Code must be shown. All calculations shall be based upon the acreage of the remainder parcel. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. The Florida Department of Transportation petition for an Eminent Domain Waiver from the provisions of Section 7.04.01.6 (Table 7-10) and Section 7.09.04.A.1 of the St. Lucie County Land Development Code to allow a two and one tenth (2.1) foot encroachment into the required building setback in CN (Commercial, Neighborhood) Zoning District and four (4) foot reduction in the required landscape strip along Midway Road for the property depicted on the attached map as Exhibit "A", as depicted on the cure plan and landscape plan, date stamped by the Planning and Development Services Department on April 14, 2014, and attached as Exhibit "B", is hereby approved. B. The property on which this approval is granted is described as follows: LEGAL DESCRIPTION: PER OFFICIAL RECORD BOOK 1126, PAGE 0447, FOUND IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. FROM A POINT ON THE WEST LINE OF SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AND THE CENTER LINE OF EXISTING MIDWAY ROAD, RUN File No.: BA 120144717 Page 2 BA Resolution No. 14-002 May 28, 2014 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 34 35 36 37 38 39 40 41 42 43 44 45 EAST ALONG CENTER LINE OF MIDWAY ROAD, 650 FEET; THENCE RUN NORTH 33 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH 208.7 FEET; THENCE RUN WEST 208.7 FEET; THENCE RUN SOUTH 208.7 FEET; THENCE RUN EAST 208.7 FEET TO THE POINT OF BEGINNING. FROM A POINT ON THE WEST LINE OF SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AND THE CENTERLINE OF EXISTING MIDWAY ROAD, RUN EAST ALONG CENTERLINE OF MIDWAY ROAD 650.00 FEET; THENCE RUN NORTH 33.00 TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 230.70 FEET; THENCE RUN WEST 208.70 FEET; THENCE RUN SOUTH 230.70 FEET; THENCE RUN EAST 208.70 FEET; TO THE POINT OF BEGINNING, THE ABOVE DESCRIBED LAND LYING IN SECTION 3, TOWNSHIP 36 SOUTH RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. LEGAL DESCRIPTION: AS PROVIDED IN TITLE COMMITMENT. FROM A POINT ON THE WEST LINE OF SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST AND THE CENTERLINE OF EXISTING MIDWAY ROAD, RUN EAST ALONG THE CENTERLINE OF MIDWAY ROAD, 650.00 FEET, THENCE NORTH 33.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 230.70 FEET; THENCE RUN WEST 208.70 FEET; THENCE RUN SOUTH 230.70 FEET; THENCE RUN EAST 208.70 FEET TO POINT OF BEGINNING, THE ABOVE DESCRIBED LAND LYING IN SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST.. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT: ALL THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING WITHIN 40 FEET OF THE EXISTING CENTERLINE OF MIDWAY ROAD AS PER PLAT BOOK 20, PAGE 17 OF THE PUBLIC RECORDS OF ST.. LUCIE COUNTY, FLORIDA: FROM A POINT ON THE WEST LINE OF SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST AND THE CENTERLINE OF MIDWAY ROAD, AS PER PLAT BOOK 20 PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, RUN 650 FEET, RUN NORTH 33 FEET TO THE POINT OF BEGINNING; CONTINUE NORTH 230.7 FEET, RUN WEST 230.7 FEET, RUN EAST 208.7 TO THE POINT OF BEGINNING. TOGETHER WITH NOW AND IN THE FUTURE, ALL RIGHT, TITLE AND INTEREST IN AND TO THAT STRIP OF LAND LYING SOUTH OF AND WITHIN 40 FEET TO THE CENTERLINE OF MIDWAY ROAD, AS PER PLAT BOOK 20, PAGE 17, PUBLIC RECORDS OF ST.. LUCIE COUNTY, FLORIDA. Address: 770 West Midway Road, Fort Pierce, FL Parcel I D: 3403-233-0001-0009 C. Pursuant to Land Development Code Section 10.03.01(A), the waiver shall become effective and the remainder parcel shall be considered compliant to File No.: BA 120144717 Page 3 BA Resolution No. 14-002 May 28, 2014 the degree feasible after an acquiring authority takes interest in or title to real property subject to an eminent domain waiver. D. This order shall expire within 365 days after the date the Florida Department of Transportation takes interest or title in the subject property, unless all cure plan and landscape plan improvements have been constructed for the property described in Section B or an extension has been granted in accordance with Section 11.03.01, St. Lucie County Land Development Code. E. Future site plan and building permit approvals shall comply with all provisions in the Land Development Code except those sited in the waiver. The specific waivers granted by this order may not be increased or expanded by future development plans, site plans or building permits, unless subsequent variances or relief is granted through the appropriate County process as provided for in the St. Lucie County Land Development Code. F. A copy of this Order shall be attached to the cure plan described in Part A, which plan shall be placed on file with the St. Lucie County Planning and Development Services Director and mailed to the applicant and agent of record as identified on the eminent domain applications. G. The conditions set forth in Part A are an integral nonseverable part of the approval granted by this Order. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the eminent domain waiver granted by this order shall become null and void. After motion and second, the vote on this resolution was as follows: Chairman Ron Harris AYE Commissioner Ron Knaggs ABSENT Commissioner Buddy Emerson ABSENT Commissioner Bob Lowe AYE Commissioner Richard Pancoast AYE File No.: BA 120144717 Page 4 BA Resolution No. 14-002 May 28, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 PASSED AND DULY ADOPTED This 28th day of May, 2014. ATTEST: Greta File No.: BA 120144717 Page 5 BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA i' Chairman APPROVED AS TO FORM AND CORRECTNESS: /`~~ Asst. County Attorney BA Resolution No. 14-002 May 28, 2014 1 Exhibit A BA-120144717 Zoning FDOT Midway-Medfield ~3 - i:3 RS-3 R4 _ R2 R4 RS-3 R2 - "' . ,~ RS-3 ' ~ ~ • > • ~ ~ RS-3 I ~ W R1 ~ ~ r R1 CN ~ G2 G3 r IRS-3 r ~ C2 i CN CN ~ ~ R5 W MIDWAY RD ~ ~ ~ , CN CO N 1 Ct ~ RS-3 RS_g, z ~~ E1 AG-1 /i GN' W J W ~ I W w ~sr sr $ ~ ~ CN ~. ~"' --~ •--- _. 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