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Home My WebLink About14-006 BOAJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3973590 07109/2014 at 09:49 AM RESO OR BOOK 3650 PAGE 2863 - 2868 Doc Type: RECORDING: $52.50 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 -~ BOARD OF ADJUSTMENT BOA 14-006 File No.: BA 120144717 A RESOLUTION GRANTING AN EMINENT DOMAIN WAVIER FOR PROPERTY LOCATED AT 1200 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 nine and two tenths (9.2) foot encroachment into the required landscape buffer and an eight (8) foot encroachment into the required building front setback in the CN (Commercial, Neighborhood) Zoning District for the property depicted on 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 Shukla Enterprises, Inc. 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 June 25, 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 120144716 Page 1 BA Resolution 14-006 June 25, 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 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.B (Table 7-10) and Section 7.09.04.A.1 of the St. Lucie County Land Development Code to allow a 8 foot encroachment into the required building setback in CN (Commercial, Neighborhood) Zoning District and nine and two tenths (9.2) foot reduction in the required landscape strip along Midway Road for the property depicted on the attached map as Exhibit "A", and depicted on the cure plan and landscape plan revised through June 4, 2014, ands depicted on Exhibit "B", is hereby approved. B. The property on which this approval is granted is described as follows: LOTS 1,2,3 AND 10 TO 17, INCLUSIVE OF BLOCK 56, OF THE TOWN OF WHITE CITY, AS PER PLAT THEREOF ON FILE IN PLAT BOOK 1, PAGE 21, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. TOGETHER WITH THE FOLLOWING PARCELS, NAMELY THE HALVES (NORTH AND .SOUTH) OF THE FORMER ALLEY RUNNING EAST AND WEST File No. BA 120144716 Page 2 BA Resolution 14-006 June 25, 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 THROUGH SAID BLOCK 56, ABUTTING ON AND ADJOINING THE ABOVE DESCRIBED LOTS 1,2,3 AND TO TO 17 INCLUSIVE. TOGETHER WITH THAT PORTION OF THE SOUTH 10' OF CHARLOTTA STREET WHICH IS ABUTTING AND LYING ADJACENT TO LOTS 1, 2 AND 3, OF BLOCK 56, OF THE TOWN OF WHITE CITY, AS PER PLAT THEREOF ON FILE IN PLAT BOOK 1, PAGE 21, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Address: 1200 West Midway Road, Fort Pierce, FL 34981 Parcel I D: 3404-501-0322-0000 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 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 iri "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. File No. BA 120144716 Page 3 BA Resolution 14-006 June 25, 2014 1 After motion and second, the vote on this resolution was as follows: ~ 2 3 Chairman Ron Harris AYE 4 5 Commissioner Ron Knaggs AYE 6 7 Commissioner Buddy Emerson ABSENT 8 9 Commissioner Bob Lowe AYE 10 11 Commissioner Richard Pancoast AYE 12 13 PASSED AND DULY ADOPTED This 25th day of June, 2014. 14 15 BOARD OF ADJUSTMENT 16 ATTEST: ST. LUCIE COUNTY, FLORIDA 17 18 19 20 21 \ ~^i 22 L~Secr~ to ~ Chairman 23 24 25 APPROVED AS TO FORM 26 AND CORRECTNESS: 27 28 29 30 31 ~. County tto ney 32 File No. BA 120144716 BA Resolution 14-006 Page 4 June 25, 2014 r` • 1 Exhibit A BA-120144716 Zoning FDOT Midway-Shukla `,a ~ I ~ ~ ~ I ' ~' ~ E3 ~ E3 a -7.r ~f_.-•..~-.~ ~_ ;_~ i _ t .~ ~~ ' 0 ~ ...~ J.~ `o ~~ K5-3 _ J N ,, ' 2`~~%~` ~RS~ q GHARLOTTAST ~ ~, RS-3 1 RS-3 l;,,,F _; CND I C'lj//~ T ' CNI I I ~N CN --~ ~~ ~~~fi=" W ME}WAY 1~ / > COI ~.~ ~ CN I ON CNl ~ , CN I CO ;t~ I ~~RS~3 ~ I RS-3 „~ RS=3 ~ i RS~3 I uz i RS-3 I i VY IST ST~~ ~ ? r 3 ( a= i RS-3 ~ I ~ ~ I w z(.n s • ~ - ~. ~. . ( RS-3 I I I I~ I SL LucH County Zonlnp Fl. PNrce bn6tp _ ~Subjectproperty AR-t-ApdcrrtmralResidential(7dWac) C2-NeiphoortnodCommenaal N CN -Commercial Nelt..__..._ __ E3 - Reaiden0al Single Famly (3 dWac) .- 1 ~ ~ 1 CO - Commercal Ogre R1 - Sirple Fam/y Low Density (d dulac) ~ - ~ _ _ 1500 ft. notification area I - nrsunnior~al R2 - Sfnple famly Intermetlufte Density (5 OWac) m. PUD - Pfamctl Un0 Development -_ _- ~ _ _ _ _._..._; ~•`~' R32 - Resicen1ie151rp1e Femdy (2 dufac) F;'%~ L`.; Ft. Pierce City Limits ~.3 - Resamoal Snpk Fam&y 13 ou/ac) 'Mep prepared January }7, 207a 2 3 File No. BA 120144716 BA Resolution 14-006 Page 5 June 25, 2014 1 i 1 I ~ tb, ~°~ ~ -- ~ ; ' 1 ,~ • ' ' ~ /• FxQ ~ 7 ~ ~ + i M I ~~ ~ ~ I i Q Exhibit B Cure Plan Sketch 41 I I j I_ 'I I 'I ~'`',~'°~~` ~ ' ~ IQ ~€ 41j .! s ~; ~ , ~ ( ~ .I~ I ~~ 2~ f~ r € 4 ~1c~ ~1 a I ~ i i ~ I~ ~k~i~'~__ ~_I~. I ~i~ Ii ~ ~ 3 ji - -' ~ ~~ i ICI li 6 I~~~a ~ p ~ .I ~ ~~~-----~c~.._..~ i to i ~e E •~' I ' ~ G if'', ~ ;'F' IEj t i € ,~~ 5 ~ n .~ - ~ '~ i b ~~ ~ II i 2 . .... ...___________•.~v - iC pp I~ y~ b P ~y Z o I~ sy f if• ~. ~ - ~ •'i i ~ ~ ._ ~ ~ i i~ i i .. . i ~ i i ~ i i ~ L___________________J ~~€ ~ }} g€ rarlleml 7 53 5~° - - IItI' I~~I I ~ i ~ i c~fl E ~9~~%~ i~ i i~ ~ ~ i ~~ ~~~€ €E I I ~ ~~ a ~ ~ ~~~~ ~ 1- III File No. BA 120144716 Page 6 r Y` --:~ J' ~~~~~~~ikS_d ~e8~^ F~iY iQREi~~dR~9IQ 6 ~ s5.~ ~. ~ 3 f i R y i ~ ~ _ ~~ ',~~ ~ ~'4~ ~~ E ~ ~ € g'~a ~ ~ ~ ~ ~ I` 6 ~ i$ ~ ~ ;l;i ~ ~ g ~ ;~ . ~a Q ,€ 19~{q3 qQ ?~q ~fi~~ 9 EQ~E ~ ~~qgE$~ e~'il !6 ~ 335 ~[ I!'EI!~ d99~ 33 }}£ 3}iYO~;fFf~~ .G 7. G,F.F :fre MARATHON GAS STATION LAN D PARCEL 122 DESIGN CURE PLAN SOUTH PREPARE FOR FDOT DISTRICT IV ~_.._.___..~rd:aecnne:=. . i Sf. LL1CIE COUN77, FLORIDA Pmrirp _,....,.-._, aei,GrapK<ges'gn rte. n.c.a. man BA Resolution '14-006 June 25, 2014