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Home My WebLink About15-002 - BOAI BOARD OF ADJUSTMENT BOA 15-002 File No.: BA 920144808 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 Land Development Code Section 7.09.04.A.1 to allow a twelve and two tenths (12.2) foot encroachment into the required landscape buffer along West Midway Road and Section 7.09.04.C.3 to allow a two (2) foot encroachment into the required terminal landscape island 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 June 25, 2014, this Board adopted BOA Resolution 14-006 granting a variance from the front building setbacks and landscape buffer widths along West Midway Road. 5. On September 8, 2014, the Florida Department of Transportation submitted a second Eminent Domain Waiver application for the property owned by Shukla Enterprises, Inc., to increase the front landscape buffer waiver and add a terminal landscape island waiver. File No. BA 920144808 Page 1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4039362 02/11/2015 at 04:41 PM OR BOOK 3716 PAGE 473 - 478 Doc Type: RESO RECORDING: $52.50 Resolution 15-002 January 28, 2014 6. On January 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. 7. 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 7.09.04.A.1 to allow a twelve and two tenths (12.2) foot encroachment into the required landscape buffer along West Midway Road and Section 7.09.04.C.3 to allow a two (2) foot encroachment into the required parking lot terminal landscape island for the property depicted on Exhibit "A", and the cure plan date stamped approved by the Planning and Development Services Department on January 13, 2015 and attached as 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, File No. BA 920144808 Page 2 BA Resolution 15-002 January 28, 2014 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 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 ID: 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 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 File No. BA 920144808 BA Resolution 15-002 Page 3 January 28, 2014 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: 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. ATTEST: File No. BA 920144808 Page 4 BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA , 14a i i�" � "�e' � Chairman APPROVED AS TO FORM AND CORRECTNESS: Asst. County Attorney BA Resolution 15-002 January 28, 2014 2 3 Exhibit A BA -920144808 Zoning FDOT Midway -Shukla RS -3 riz P D RS -3 01 o R, RJ W,� T L wz ; RS -3 R <�' g CHARLOLTTA ST AR -1 1 ? R -3 R -3 CN' 1 CN I CN W MIDWAY RD 1 > Q CO CN N CN► (on IW N CO I Lu a %QRS 3 : RSJ3 S-3 lu W 1ST STS W > a a � � ----------- U - S a RS -3 2ND ST St. Lucia County Zoning Ft l iarca Zoning ® Subject property AR -1 -Agricultural Residential 0 du/ac) C2 - Neighborbood commercial N CN - Commercial Nelgnbomood E3 - Residential Sngle Family (3 dul-) 1 - 1 CO - Commertial 0lrwe Rt - Single Family Low Density (4 du/ac) 1 500 ft. notification area I -Institutional R2 - Single Family Intermediate Density (5 duiac) PUD -planned Unit Development Ft. Pierce City Limits RS -2 - Residential Single Family (2 dulac) Map prepared September 9, 2014 RS -3 - Residential Single Family (3 dulac) File No. BA 920144808 f Page 5 BA Resolution 15-002 January 28, 2014 Exhibit B Cure Plan CNAALGTTA STA££T � fl � sm a ~ I/�� F Z()5 ti W Q g II Y z III auJi�$€ EXISTING SIGN DETAIL nor _ y S ...,CURE. I