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Home My WebLink About15-001 - BOA1 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 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4039363 02/11/2015 at 04:41 PM OR BOOK 3716 PAGE 479 - 484 Doc Type: RESO RECORDING: $52.50 BOARD OF ADJUSTMENT BOA 15-001 File No.: BA 320144746 A RESOLUTION GRANTING AN EMINENT DOMAIN WAVIER FOR PROPERTY LOCATED AT 5050 SOUTH 25TH STREET, 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 7.06.02.B.2, Section 7.09.04.A.1, Section 9.02.01.D.4 and 9.03.01.D.6 of the St. Lucie County Land Development Code to allow a reduced parking aisle width, reduce the landscape buffer along the right-of-way and ground sign, and allow encroachment of the ground sign in the sight triangle area 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 March 27, 2014, the Florida Department of Transportation submitted an Eminent Domain Waiver application for property owned by Cheyne Professional Complex, LLC. On April 7, 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 January 28, 2015, 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 320144746 Page 1 BA Resolution 15-001 January 28, 2015 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 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 7.06.02.B.2, Section 7.09.04.A.1, Section 9.02.01.D.4 and 9.03.01.D.6 of the St. Lucie County Land Development Code to allow reduced landscaping along the right-of-way and the ground sign, allow encroachment in the sight triangle area, and to reduce the width of the parking access aisle as shown on the cure plan date stamped received by the Planning and Development Department on January 13, 2015 and depicted on Exhibit "B", is hereby approved. B. The property on which this approval is granted is described as follows: LEGAL DESCRIPTION: AS RECORDED IN OFFICIAL RECORD BOOK 2478 PAGE 1497, FOUND IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. THE SOUTH 150 FEET OF THE EAST 290 FEET OF THE WEST ONE-HALF OF LOT 62 -LESS MIDWAY ROAD RIGHT-OF-WAY, WHITE CITY SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE(S) 23, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. File No. BA 320144746 Page 2 BA Resolution 15-001 January 28, 2015 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 Address: 5050 South 251h Street, Parcel I D : 3403-502-0096-0109 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 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. File No. BA 320144746 Page 3 BA Resolution 15-001 January 28, 2015 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 After motion and second, the vote on this resolution was as follows: Vice -Chair Richard Pancoast AYE Commissioner Ron Knaggs AYE Commissioner Buddy Emerson ABSENT Commissioner Bob Lowe AYE Commissioner Michael Jacquin ABSENT PASSED AND DULY ADOPTED This 28th day of January, 2015. BOARD OF ADJUSTMENT ATTEST: ST. LUCIE COUNTY, FLORIDA File No. BA 320144746 Page 4 Chairman APPROVED AS TO FORM AND CORRECTNESS: J Asst. County Attorney BA Resolution 15-001 January 28, 2015 2 3 CO Exhibit A BA -320144746 Zoning FDOT Midway - Cheyne Professional CG ,•• W MIDWAY RD , CG AR -1 ICN AR -1 CG AR -1 = RS -2 N CO AR -1 CO AR -1 I PUD s ® subject f0 a ARA -Agricultural Residential (1 du/ac) PUD- Planned Unit Devebpment N p p ' `7 CG - Commercial General RS -2 - Residential Single Family (2 dulec) CN - Commercial Neighborhood RS -3 - Residential Single Family (3 du/ac) ' 500 ft- notification area Co - commercial Office RS -4 - Residential Single Family (4 du/ac) I - Institutional Map prepared April 1, 2014 File No. BA 320144746 Page 5 BA Resolution 15-001 January 28, 2015 1 2 3 4 Exhibit B Cure Plan 2,5 29 11 31 nnou REDE—OP/ RE-S—E S ND RE.— 1� —' � ;" P ... I .. .... LAIDSC IPE BU— TO IICLLDE W� -2 'L S -p S ` D - E ICLLDI TREES.ill I�il File No. BA 320144746 Page 6 ------------------- — L Z3 32 _ _ a. �. _ � :o Ozz: —J LU BA Resolution 15-001 January 28, 2015 0 Z 0 LL L z �75 a: U �EET # CURE I