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Home My WebLink About23-023 RESOLUTION NO. 2023-23 File No.: RZ-3202226354-26354 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A CHANGE IN ZONING FROM THE RS-4 (RESIDENTIAL, SINGLE-FAMILY — 4 DU/AC) ZONING DISTRICT TO THE AGA (AGRICULTURAL — 1 DU/AC) ZONING DISTRICT FOR A PARCEL 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. The property owner, Donald Myers, petitioned for an Amendment to the Official Zoning Atlas to change the zoning from the RS-4 (Residential, Single-Family-4) Zoning District to the AG-1 (Agricultural - 1) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph "A" and depicted on the attached map as Exhibit "A". 2. On February 16, 2023, the St. Lucie County Planning and Zoning Commission held a public hearing on this petition after publishing notice in the St. Lucie News Tribune at least ten (10) days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within five hundred (500) feet of the subject property, and voted to forward a recommendation of approval to the Board of County Commissioners for the petition to amend the Official Zoning Atlas from the RS-4 (Residential, Single-Family-4) Zoning District to the AG-1 (Agricultural - 1) Zoning District. 3. On March 7, 2023, the Board of County Commissioners held a public hearing on this petition after publishing notice in the St. Lucie News Tribune at least ten (10) days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within five hundred (500) feet of the subject property, and voted to approve the petition to amend the Official Zoning Atlas from the RS-4 (Residential, Single-Family-4) Zoning District to the AG-1 (Agricultural- 1) Zoning District. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5170604 03/27/2023 09:03:57 AM OR BOOK 4966 PAGE 1103-1108 Doc Type:RESO Resolution No. 2023-23 Page 1 RECORDING: $52.50 RZ-3202226354-26354 4. The proposed change in zoning has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. 6. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B", was signed by the applicant on October 24, 2022. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The property on which the Change in Zoning from the RS-4 (Residential, Single- Family-4) Zoning District to the AG-1 (Agricultural - 1) Zoning District is being granted is described as follows. - LEGAL DESCRIPTION: A PARCEL OF LAND LYING AND BEING A PORTION OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; PARCEL 1 THE NORTH 217.72 FEET OF THE SOUTH 430 FEET OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST, SAID PROPERTY LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPTING THEREFROM THE EAST 40 FEET AS A RIGHT -OF WAY FOR KEEN ROAD AS CONVEYED IN DEED BOOK 190, PAGE 157, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. (NOTE: THE RIGHT OF WAY OF THE BELCHER CANAL PRECEDES THIS LEGAL.) TOGETHER WITH Resolution No. 2023-23 Page 2 RZ-3202226354-26354 PARCEL 2 THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS AND EXCEPT THEREFROM THE NORTH 165 FEET AND THE SOUTH 430 FEET THEREOF, LYING IN ST. LUCIE COUNTY, FLORIDA. ALSO LESS THE EAST 30 FEET IN ROAD RIGHT OF WAY AS CONVEYED IN DEED BOOK 190, PAGE 157, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA. TOGETHER WITH PARCEL 3 THE WEST 3 ACRES OF THE NORTH 165 FEET OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST, EXCEPTING THEREFROM RIGHTS OF WAY FOR PUBLIC ROADS AND DRAINAGE CANALS. AND THE NORTH 165 FEET OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS WEST 3 ACRES AND LESS EAST 40 FEET FOR KEEN ROAD RIGHT- OF-WAY, ST LUCIE COUNTY, FLORIDA. THE ABOVE -DESCRIBED PARCELS CONSISTING OF 1,450,570 SQUARE FEET OR 33.30 ACRES. Locations: 2001, 2115, & 2183 Keen Rd., Fort Pierce, FL 34946 Parcel IDs: 1336-443-0003-000-7, 1336-441-0003-000-1, 1336-441-0001-000-7 B. The St. Lucie County Planning and Development Services Director shall be authorized to amend the Official Zoning Map to change the zoning of the property herein described, from the RS-4 (Residential, Single-Family-4) Zoning District to the AG-1 (Agricultural - 9) Zoning District and to make notation of the reference to the date of adoption of this Resolution. C. A copy of this Resolution shall be mailed to the owner and agent of record as identified on the application. Resolution No. 2023-23 Page 3 RZ-3202226354-26354 D. This Resolution shall be recorded in the Public Records. After motion and second, the vote on this resolution was as follows: Commissioner Cathy Townsend, Chair AYE Commissioner Linda Bartz, Vice -Chair AYE Commissioner Chris Dzadovsky, Commissioner AYE Commissioner Larry Leet, Commissioner AYE Commissioner Jamie Fowler, Commissioner AYE PASSED AND DULY ADOPTED This 7th day of March 2023. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY es"� Chair ATTEST: sto coM�� s� Deputy Clerk v z m rr, FW��O� APPROVED AS TO FORM AND CORRECTNESS: Resolution No. 2023-23 Page 4 RZ-3202226354-26354 Exhibit "A" Resolution No. 2023-23 Page 5 RZ-3202226354-26354 Exhibit "B" St. Lucie County Concurreney Deferral Affidavit 1, Donald Myers residing or doing business at 973 SW A gbingdon Ave Name 772-971 64�3ct Port St_ Lucie FL 34953 City Stale Zip Phone have applied fora Re -zone to AGt from RS4 front St. Lucie County, Florida, Type of Development Ordcr for the following project: Myers Family Farm Nantc of I'nryxosrd Deerlopntcnt I do hereby affirm that in connection with Im application f'or the above project, 1 hate 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 ogler Cor the same property. understand and acknowledge that the above listed property will be subject to the certificate of capacity Wore any final development order can be 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, further acknowledge that according to Section 5.09-01 of the St. Lucic County Land Development Code, no final dcv'clopmcni approval can be granted until capacity in those facilities is availabic 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: Donald Myer Dale. 10/2412022 Applicant STATE OF FLORIDA COUNTY OF in. i 4 4 �� p� The foregoing instrument was acknowledged hetnre me this � L�- day of �..!i_ct_t> , 2(i by _ who is personally known to ms or tvho ha% pro luce4 as idolliticalion. �nr not �.l�of'4k�-�-�— $ignr wry yp cony HH UyUQ !' Ctxnmiscion Number snHHJ11JI,�/�� ytC4LC ` page I of I — 0"r, q Revised: April 1, 2008 `col' ;",8�»a„ntri Resolution No. 2023-23 Page 6 RZ-3202226354-26354