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Home My WebLink About16-1581 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 RESOLUTION 16-158 FILE NO.: RZ-720165037 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY AMENDING THE OFFICIAL ZONING ATLAS FOR THREE CONTIGUOUS PARCELS TOTALING 8.4 ACRES (M.O.L.), OWNED BY JAMES TURNER, JOSEPH MILLER AND DARBY BAIRD, FROM AR -1 (AGRICULTURAL, RESIDENTIAL — 1 DU/ACRE) TO IL (INDUSTRIAL, LIGHT). WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on testimony and evidence, including, but not limited to the staff report, has made the following determinations: A petition of James Turner and Joseph Miller, to amend the Official Zoning Atlas for three contiguous parcels totaling 8.4 acres (MOL) parcel from AR -1 (Agricultural, Residential — 1 du/acre) to IL (Industrial, Light) and located on Loop Road west of Jenkins Road, just north of Orange Avenue; 2. St. Lucie County Planning and Development Services staff has performed the required land use analysis for this application, which can be found in the Planning and Development Services memorandum dated September 15, 2016, entitled "Rezoning for Miller and Turner from AR -1 (Agricultural, Residential - 1 du/acre) to IL (Industrial, Light);" 3. On September 15, 2016, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, of which due notice was published in the St. Lucie News Tribune and recommended that the Board of County Commissioners approve the change in zoning to IL (Industrial, Light); 4. On October 4, 2016, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing, of which due notice was published in the St. Lucie News Tribune; 5. The proposed change in zoning satisfies the Standards of Review for granting a zoning change per Section 11.06.03 of the St. Lucie County Land Development Code as outlined in the Planning and Development Services memorandum dated September 15, 2016 and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan; and 7. The proposed change in zoning is compatible with the Future Land Use designation and zoning of the surrounding area and is in the best interest of the health, safety and public welfare of the citizens St. Lucie County. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4238296 10/14/2016 03:58:41 PM OR BOOK 3921 PAGE 2954 - 2959 Doc Type: RESO 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 42 43 44 Resolution 16-158 File No: RZ-720165037 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The recitals set forth above are true and correct and are expressly incorporated here within. B. The Official Zoning Atlas is hereby amended from AR -1 (Agricultural, Residential — 1 du/acre) to IL (Industrial, Light) for three parcels totaling 8.4 acres (MOL), located on Loop Road west of Jenkins Road, just north of Orange Avenue as depicted in Exhibit A. B. The Planning and Development Services Director is hereby authorized and directed to cause the change to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. C. This Resolution shall be recorded in the Public Records. D. After motion and second, the vote on this Resolution was as follows: Kim Johnson, Chair AYE Chris Dzadovsky, Vice -Chair AYE Tod Mowery, Commissioner AYE Frannie Hutchinson, Commissioner AYE Paula Lewis, Commissioner AYE PASSED AND DULY ADOPTED this 4th day of October, 2016. ATTEST Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIVCOUNTY, FLORIDA BY APPROVED AS TO FORM AND CORRECTNESS Ie�� County Attorney 1 2 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 Resolution 16-158 File No: RZ-720165037 Page 3 Exhibit "A" Legal Description and Concurrency Deferral Affidavit Legal Description for Miller: 2312-142-0003-000-2 The north three-quarters of the west one-half of the east one-half of the northeast one-quarter of Section 12, Township 35 South, Range 39 East lying South of the right-of-way for Loop Road. Less and except a parcel heretofore conveyed to Apple Machine and Supply Co. by warranty deed dated September 3, 1997, recorded in Official Record Book 1097, Page 2247, of the public records of St. Lucie County, Florida Subject to easements for public utilities and right-of-way for drainage ditches and canals, if any. Containing: 89,905 square feet or 2.064 acres, more or less. Legal Description for Turner: 2312-141-0002-000-2 Commencing at the southwest corner of the northeast 1/4 of the southeast 1/4 of the northeast 1/4 of Section 12, Township 35 south, Range 39 east, St. Lucie County, Florida: Thence run north 89°43'16" east, along the south line of the northeast 1/4 of the southeast 1/4 of the northeast 1/4 of said Section 12, a distance of 184.00 feet to the point of beginning: thence run north 00°03'03" east, departing said south line, a distance of 321.84 feet to the south right-of-way line of Loop Road: Thence run south 85'l I' 16" east, along said south right-of-way line, a distance of 409.66 feet to the west right-of-way line of Jenkins Road: Thence run south 00°06'25' west, departing said south right-of-way line and along said west right-of-way line, a distance of 285.49 feet to the said south line of the northeast 1/4 of the southeast 1/4 of the northeast 1/4 of Section 12; Thence south 89'43'16" west, departing said west right-of-way line and along said south line, a distance of 407.97 feet to the point of beginning. All lying and being in Section 12, Township 35 south, Range 39 east, St. Lucie County, Florida. Containing: 123,930 square feet or 2.845 acres, more or less. Legal Description for Baird: 2312-142-0001-000-8 Beginning at the southwest corner of the northeast 1/4 of the southeast 1/4 of the northeast 1/4 of Section 12, Township 35 south, Range 39 east, St. Lucie County, Florida; Thence run south 89°43'15" west, along the south line of the northwest 1/4 of the southeast 1/4 of the northeast 1/4 of said Section 12, a distance of 266.00 feet; Thence run north 00°03'03" east, departing said south line, a distance of 338.24 feet to the south right-of-way line of Loop Road; Thence run south 89°43'16" east, along said south right-of-way line, a distance of 266.00 feet; Thence run south 85°11'16" east, a distance of 184.64 feet; Thence south 00°03'03" west, departing said south right-of-way line, a distance of 321.84 feet to the south line of the northeast 1/4 of the southeast 1/4 of the northeast 1/4 of said Section 12; Thence run south 89°43'16" west, along said south line, a distance of 184.00 feet to the point of beginning. All lying and being in Section 12, Township 35 south, Range 39 east, St. Lucie County, Florida. Containing: 150,697 square feet or 3.460 acres, more or less. Resolution 16-158 File No: RZ-720165037 Page 4 St. Lucie (,Ountt Corkeurrency Deferral Aftittuvit ame Svrct t"itt 4taic Zip haviv Gtpplied =ter a Rezone from It. Lucie Cmint)', Florida, 1 yt� ��` C.)�i � stx�rc•,�r c>ftt�- fir the J611;,,c'ing proiecl F?' c,.,... _ Re --,--Arc N' am z! 1[ Propr"w—d !.iii rt opoi➢rni € do herebt" aff€rrts that in con;rrection with my application t�)r the above prulect, I have elected to defr:r the certilicatc of capacitz and resvr\,i on of c:apacitg in puhhL facilities for the aKive property" until a lat r time. but nt) later than the application for a final development order fnr the same. propert\ I tirrder t, nd and acknowledge that the above listed propet-t\, drill hw subject to the certiticace of c ipzacitt hvfore an, fivial develt,pnitt is ~q -der can ht astitred, and that 4t. Lucie 0,111T11l` Can ttaAx no guarawee that adequate rtihlic, tacilitiel � ill he available v"hest I apply t' -,)r tate tirtal dere Oprent order. 1 furthei acknbo ledg.c that accordim" 10 ficction 5.08.01 of the St. Lucie CountA Land Development Code- no final devc1opment app rov21 can he granted ttnti'l capac v in thow tacili ies is available .;t that fir -,W, Tile iSt-WInCe LA a preliminary development ctr er without a certificate ofcapacity creates no vested or other rights to devc1op the subject propeny- rca,it TA't' Ui 1it1[x.4. The tilrgpo rid, in= Wufnent caa:, axArtr wledviti me IN,, or utio hw, produce is d ^.inti an. � r ��nalurr c*;'Us�t�r+ yyyvycnwnM pATTKCIA HO WE C.immiss)on Number + PATRICIA a."fiOVM "Y ru"Mr+"IOW �Y.k"N FS Mcw..a�ia m.1ut'1 (Sea, 'tomtit: i Type ter Pani Name ot'Noutrr" 1 Resolution 16-158 File No: RZ-720165037 Page 5 st, Lucio County Concurrency Deferral Affidavit [ ;K h l xet tax a.�_ raiding or doing husin s at . u t r n Te Aire ........... titer Strec i iCL' S",ax iii? NII.tnu ha,vc applied kir a Rezone frrNw, 4t. Ducie County. Florida, J N pV VI Uev � I �fptxa�ait �trcrr — for the following proiect: Tar n�- lia:d-f�� t'aj __. Minx i" v.'tinpre,cn* I do hereby affirm that, in connection with my application t6r the aKwe project. I have olectcu to deli r the certif carte of capaci-I and reservation of capacity in pitblic i-acilities t6r the. dhow proprer;w antil a later time, but no later th it the application for a final dcvelopment order ibr the same properly. I understand and ackn,,)wIrdgc, that the above JsteZ property will he subject to the certificate of capaciti< hcfaore any final dt velopnient artier can he i3sued, and that'it. Lucie County can make no guarantee that adequate public: flcilitics will he availabic when I apply Ior the final devrlopmeni strdrr. I Archer acknowledge that accord rig to Section 5.t 8.01 of the St. t.ucie Count}[._and Devclopmvnt Cade, no final development approval can, be geali(ed until capacity in those acilitir± i,,, ravai;able at that time. The issuance of a pretiminary development order without a certificate of c cttv creatve,�,no v estcd, Cather rights to develop the subject property. i)ate: 6-29-16 si-,41 Or FLORID -4 f" . `` -.... The t6tegoing instraarraent u'a5 acknowledged t m me this to" day of _ c rttl:_C; 2't}by_ vwttc is perw,r;ai(y krwwn ,o °iw or Aho ltxt trrixlw-ed m a� ideettitieatic�n . 3 w " Signature of Notary Tata or Print Nanx of Notary .___ ... ....... ".... na..s:ititi Nurn r (sea I I Kltl'�MI4i ittE r *AM 04ft - %ft d PMldti i' f OF tti2ll# t'4,r I of 1 94 �. VW V. "it Rcwtsed: .ltrr3l i, 2t)(t6 N M1i—in Resolution 16-158 File No: RZ-720165037 Page 6 St, Lucie C'arunty Coneorruncy Deferral Affidavit 1 1 55, - �- F -,rt t- .. l , 4 ' Srate Zip have applied for a. Rezone frwm . r.. Lucie t akjnt),> Florida. �l ;�� irit�kt✓s t�astkrn3 Cirelr: �� for the lt+llt va'im, pro ect _V:, I r. {.r ` e `'r. Name o7, l ti?Fm;;F t f i ,-wo fp"Ient 1 do hereh aftIrm that in connection kith rtv applicailon t'5t the above projrr , l have ek-ctrd to defer the Lrtilic;atr of c•apac+, and reservation of'c 4apaciin public facilitic4 fear the above property until a later tine, but net later than the application for a find development order tier the sante proper'iv . 1 L;ndersmnd and acknowledge that the atvove li;;ted proper-tti -will he subject in they certificate of CIpacity before arav firi al dev'eloprtmew cfrrder call be Issurd. ;arid Taal fvt 1_.tac re t`ou-Itk can rrlake no guarantee that adcquate public facilities -will be available vv`hen t apply iiar the final dev'e opm,ent or -der. furthei acknowledge that accoraf:t; : to Sectstrn 5.08.Ctf of the St. Lucie County Land Dewe opment Code_ net final development approval call tie ;=ranted anti. capaeit,.,, in tllase faci3itirs is available at that time. Tlae issuance of' a prclirrtinary development order witluattt a certificate cf'cam itv° creates no vested or father rightti to develop the subject prcpert. _ �ppltLtaYrt STATL OF WORIDA `itar f+.xog:, n� :rY=;;rurrenr ua:� a'i:kr4cawizigW�.,e rnecr ��:`___ iay t; -f- #� ,4 h =„ who is eKno4 t taaw:l�it� wr who has produc cd v as , vmificrtitan -- F a;natt"rr tifNotart NNNN pATRICl� � Number PATRICIA r+tv aelCr'w t �e a" �ort�s (,.eaii, Typr c>r ?Tlnt Name of Nctart