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HomeMy WebLinkAbout20-034Resolution No. 2020-034 File No.: RZ 5201915522 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS FROM THE RM-5 (RESIDENTIAL, MULTIPLE FAMILY — 5 DU/ACRE) ZONING DISTRICT TO THE RM-9 (RESIDENTIAL, MULTIPLE FAMILY — 9 DU/ACRE) ZONING DISTRICT FOR AN APPROXIMATELY 9.71-ACRE PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners 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. St. Lucie Gardens Apartments, LLC petitioned for an amendment to the Official Zoning Atlas to change the zoning from RM-5 (Residential, Multiple -Family — 5 du/acre) Zoning District to the RM-9 (Residential, Multiple -Family — 9 du/acre) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. On August 15, 2019 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 notice was sent to property owners within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the change in zoning to RM-9 (Residential, Multiple -Family — 9 du/acre). 3. St. Lucie County Planning and Development Services staff has performed the required land use analysis for this application. 4. On March 3, 2020, this Board held a public hearing on the petition after publishing a notice of such hearing. 5. The proposed change in zoning is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 6. The proposed change in zoning is consistent with the existing and proposed uses in the surrounding area. 7. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B" was signed by the applicant on August 2, 2019. 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 expressly incorporated here within. B. The property on which the Change in Zoning from the RM-5 (Residential, Multiple -Family JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4688095 03/16/2020 11:55:13 AM File No.: RZ-5201915522 OR BOOK 4396 PAGE 1673 - 1677 Doc Type: RESO Resooition No. 2020-034 Page 1 of 5 RECORDING: $44.00 — 5 du/acre) Zoning District to the RM-9 (Residential, Multiple -Family —9du/acre) is being granted is described as follows: LOT 13, BLOCK 1, MODEL LAND COMPANY SUBDIVISION, OF THE SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS PER PLAT THEREOF ON FILE IN PLAT BOOK 1, PAGE 41, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THE SOUTH 10 FEET THEREOF CONVEYED TO ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY DEED RECORDED IN OFFICIAL RECORDS BOOK 1166, PAGE 2977, OF PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Parcel ID No.: 3415-501-0016-000-6 Parcel Area: +/- 9.71 ACRES C. The St. Lucie County Planning and Developm(,nt Services Director shall be authorized to amend the Official Zoning Map to change the zoning of the property herein described, from the RM-5 (Residential, Multiple -Family — 5 du/acre) Zoning District to the RM-9 (Residential, Multiple -Family — 9 du/acre) Zoning District and to make notation of the reference to the date of adoption of this resolution. D. A copy of this Resolution shall be mailed to the owner of record as identified on the application. E. This Resolution shall be recorded in the Public Records. After motion and second, the vote on this Resolution was as follows: Cathy Townsend, Chair AYE Chris Dzadovsky, Vice -Chair AYE Sean Mitchell, Commissioner AYE Linda Bartz, Commissioner AYE Frannie Hutchinson, Commissioner AYE PASSED AND DULY ADOPTED this 3rd day of March, 2020. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY hair File No.: RZ-5201915522 Page 2 of 5 Resolution No. 2020-034 ATTEST: APPROVED AS TO FORM AND CORRECTNESS: BY BY DEfbUTY CL R CO * Z � y r� cl"C,�LNTY F`o�`Qt File No.: RZ-5201915522 Page 3 of 5 Resolution No. 2020-034 Exhibit A Site Location Map E611 �r Edwards Rd CO p. O 0 N t 2 to N MidwA Rd 712 Subject v Property 0 N � N U �3 N Ba shore Blvd loresta Dr d Prima Vista I llvd Savannah lub m m Q ��� L °Walton Rd k a 01 J� d File No.: RZ-5201915522 Page 4 of 5 Resolution No. 2020-034 Exhibit B Concurrency Deferral Affidavit St. Lucie County Concurrency Deferral Affidavit 1 Brarsilino Filipe residing or doing business at 380 Brazilian Circle Name Street Port St, Lucie FL 34952 772-370-1468 City State Zip Phone have applied for a Re -Zoning R Major Site Plan 'T from St. Lucie County, Florida, Type of Development Order for the following project:_ St. Lucie Gardens Apartments Name of Proposed Development I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can he issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Signed: Date: �a�, CoOY—��p914 Aplicant ZEt� STATE OF FLORIDA COUNTY OF T L UCt E The foregoing instrument was acknowledged before me this __ 1 +`^ day of Ay G u sT , 20 11, by _ VYCA4 , Lln&O F� __who is personally known to me or who has produced _- -as as identification. ��I,,I�1�, ' O Sign`uure of Notary Tyypepe or Print Name of Notary Page I of I Revised: April 1, 2008 File No.: RZ-5201915522 Page 5 of 5 _____CommissionNumber (Seal) jtlosryPw...dA&. Brenda Aker A"= �y �co�vN..anoot2xws Resolution No. 2020-034