HomeMy WebLinkAbout16-013 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 # 4233611 09/27/2016 04:44:15 PM
OR BOOK 3916 PAGE 1414 - 1419 Doc Type: RESO
RECORDING: $52.50
BOARD OF ADJUSTMENT
BOA 16-013
File No.: BA 520165021
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 Cheyne Professional Complex, LLC presented a petition for an Eminent Domain Waiver
from Section 7.06.02.B.2 and Section 7.09.04.A.1 of the St. Lucie County Land Development
Code to allow a reduced parking aisle width and reduce the landscape buffer along the right-
of-way 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 13-168
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 the 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, through the adoption of BA Resolution 15-001, this Board granted the
request of the Florida Department of Transportation for an Eminent Domain Waiver for the
subject parcel. That resolution remains valid and the application submitted by Cheyne
Professional Complex, LLC does not increase or expand the waivers granted in that resolution.
The proposed cure plan, if approved, would provide an alternative Cure Plan.
File No. BA 520165021
Page 1
BA Resolution 16-013
September 14, 2016
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
6. On September 14, 2016, the Board of Adjustment 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.
oadway,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 Cheyne Professional Complex, LLC petition for an Eminent Domain Waiver from the
provisions of Section 7.06.02.B.2 and Section 7.09.04.A.1 of the St. Lucie County Land
Development Code to allow reduced landscaping along the right-of-way 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, as modified through
August 8, 2016 and August 15, 2016, as 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.
File No. BA 520165021
Page 2
BA Resolution 16-013
September 14, 2016
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
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.
Address: 5050 South 251h Street,
Parcel ID: 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 520165021
Page 3
BA Resolution 16-013
September 14, 2016
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:
Chairman Robert J. Lowe AYE
Vice -Chair Ron Harris AYE
Captain Derek Foxx AYE
Michael Jacquin AYE
Richard Pancoast AYE
PASSED AND DULY ADOPTED This 14th day of September, 2016.
BOARD OF ADJUSTMENT
ATTEST: ST. LUCIE COUNTY, FLORIDA
ary
File No. BA 520165021
Page 4
Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
///�-� ,,
Asst. County Attorney
BA Resolution 16-013
September 14, 2016
3
AR -1
TWIG LN
Exhibit A
BA -520165021 zoning
Cheyne Professional Complex
CG
N
cn
•
•
CG
CN
:
C ♦♦ A♦R.� CO
•f
W MIDWAY 40
•
CO : AR -1
s �
I—
• H i
♦ N
♦ fn
•ff♦
RIVER UBRANCH DR
Legend AR -1 -Agricultural Residential (1 du/ac) CG - Commercial General N
500 tt notification area CN - Commercial Neighborhood RS -3 - Residential Single Family (3 du/ac) =A
Subject parcel CO - Commercial Office RS -4 - Residential Single Family (4 du/ac)
Map prepared August 22..2016
File No. BA 520165021
Page 5
BA Resolution 16-013
September 14, 2016
1
2
Exhibit B
----------
CURE PLAN
C.R. 712 (MIDWAY ROAD) t 1111 MA
CHEYNE PROFESSIONAL COMPLEX, L.L.C.
F.D.O.T. PARCEL 103
3 L
4
File No. BA 520165021
Page 6
BA Resolution 16-013
September 14, 2016