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Home My WebLink About15-004 - BOA6 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 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# pp58487"142015.111.Oq pld OR BOOK 3734 PAGE 2848 - 2853 0- Type: RESO RECORDING: $5250 BOARD OF ADJUSTMENT Resolution BOA 2015-004 File No.: BA 320144744 A RESOLUTION GRANTING AN EMINENT DOMAIN WAVIER FOR PROPERTY LOCATED AT 2475 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 7.04.01.8 (Table 7-10) and Section 7.09.04.A.1 of the St. Lucie County Land Development Code to allow a twelve (12) foot encroachment into the required landscape buffer and a twelve (12) 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 March 27, 2014, the Florida Department of Transportation submitted an Eminent Domain Waiver application for property owned by Florida East Coast Property, LLC. On April 4, 2014, the owner of record for 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 December 10, 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, and voted to continue the public hearing to March 25, 2015 at 9:30 am, or as soon as possible thereafter. File No. BA 320144744 Resolution BOA 2015-004 Page 1 March 25, 2015 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. On March 25, 2015, this Board reopened the public hearing on this petition. 7. Planning Staff has performed a detailed analysis of the project and determined it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Board of Adjustment Memorandum for the FDOT- Midway Florida East Coast Property, dated December 10, 2014, as revised on March 13,2015. 8. 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 asset 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 will not 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 andlor construction of the roadway, d. The remainder parcel shown on the As -Built drawing and the cure plan 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 7.04.01.8 (Table 7-10) and Section 7.09.04.A.1 of the St. Lucie County Land Development Code to allow a twelve (12) foot encroachment into the required building setback in CN (Commercial, Neighborhood) Zoning District and twelve (12) foot reduction in the required landscape strip along West Midway Road for the property depicted on the attached map as Exhibit "A", as depicted on the cure plan and landscape plan date stamped received by the Planning Division on November 13, 2014, and depicted on Exhibit 'B°, is hereby approved. File No. BA 320144744 Resolution BOA 2015-004 Page 2 March 25, 2015 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 B. The property on which this approval is granted is described as follows: LEGAL DESCRIPTION: AS RECORDED IN OFFICIAL RECORD BOOK 1111 PAGE 1698, FOUND IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. THE WEST 150 FEET OF THE EAST 290 FEET OF THE WEST 355 FEET OF THE WEST 1/2 OF LOT 62, WHITE CITY (SHEEN'S PLAT) AS RECORED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS THE SOUTH 150 FEET THEREOF, LESS AND EXCEPT MIDWAY ROAD RIGHT OF WAY. LEGAL DESCRIPTION: PER TITLE COMMITMENT, PROVIDED BY THE CLIENT. THE WEST 150 FEET OF THE EAST 290 FEET OF THE WEST 355 FEET OF THE WEST 1/2 OF LOT 62, WHITE CITY SUBDIVISION OF SECTIONS 3,4,5,8,9, AND 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS THE SOUTH 150 FEET THEREOF, AND LESS AND EXCEPTING MIDWAY ROAD, ST. LUCIE COUNTY, FLORIDA. Address: 2475 West Midway Road, Fort Pierce, FL 34981 Parcel ID: 3403-502-0096-0305 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, and the improvements related to the two eminent domain waivers, as depicted on the 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 this 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. File No. BA 320144744 Page 3 Resolution BOA 2015-004 March 25, 2015 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. H. After motion and second, the vote on this resolution was as follows: Chairman Richard Pancoast AYE Commissioner Ron Knaggs AYE Commissioner Buddy Emerson AYE Commissioner Bob Lowe AYE Commissioner Michael Jacquin AYE PASSED AND DULY ADOPTED This 25th day of March, 2015. ATTEST: File No. BA 320144744 Page 4 BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA "e� Chairman APPROVED AS TO FORM AND CORRECTNESS: 16"— Asst. County Attorney Resolution BOA 2015-004 March 25, 2015 I 2 3 Exhibit A BA -320144744 zoning FDOT Midway -Florida East Coast Property CG -I -_CG �`�A.R-1 co AR -i w MiooSnr Ro S- CG AR -1 :CN CO AR -1 RS -4 I RS -2 9� RS -3 I�Ne S_3 ®SUEJea property'0" N LN °, . � , 500 H. notification area N,h As.-a""""'S'"°'°`°'". File No. BA 320144744 Page 5 Resolution BOA 2015-004 March 25. 2015 1 2 3 4 5 6 Exhibit B Cure Plan Sketch OM zt�Sg�il