HomeMy WebLinkAbout23-092 RESOLUTION NO. 2023-092
File No.: RZ-2304-000022
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY, FLORIDA, FOR A CHANGE IN ZONING
FROM THE I (INSTITUTIONAL) ZONING DISTRICT TO THE RS-4
(RESIDENTIAL, SINGLE-FAMILY - 4) ZONING DISTRICT FOR
THREE PARCELS TOTALING 1.06 ACRES 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. Regional Floyd. Barbara Floyd, and Fausto Rivas petitioned for an Amendment to the
Official Zoning Atlas to change the zoning for three (3) properties from the I (Institutional)
Zoning District to the RS-4 (Residential. Single-Family - 4) Zoning District in St. Lucie
County, Florida. for the property legally described in Paragraph "A" and depicted on the
attached survey as Exhibit "A."
2. On January 10, 1989, the Board of County Commissioners approved Resolution No. 89-
09. granting an Amendment to the Official Zoning Atlas from the RS-4 (Residential, Single-
Family -4) Zoning District to the I (Institutional) Zoning District for the subject parcels. The
County also abandoned a portion of the Behrens Road right-of-way, now within the petition
area. This rezoning would revert the property back to the RS-4 (Residential. Single-Family
- 4) Zoning District.
3. On May 18, 2023, the St. Lucie County Planning and Zoning Commission held a public
hearing on the petition after publishing notice in the St. Lucie News Tribune at least 10
days prior to the hearing. installing a sign on the property and notifying by mail all owners
of property within 500 feet of the subject property. and recommended that the Board of
County Commissioners approve the change in zoning from the I (Institutional) Zoning
District to the RS-4 (Residential, Single-Family - 4) Zoning District.
4. On June 6. 2023. the Board of County Commissioners held a public hearing on the
petition, after publishing notice in the St. Lucie News Tribune at least 10 days prior to the
hearing, installing a sign on the property and notifying by mail all owners of property within
500 feet of the subject property.
5. 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.
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT O AR Resolution No. 2023 092
SINT LUCI C5209273 5008E PAG 06i2OUNTEY
FI312023 1132
12:0-18137:16Doc PM File No. RZ 2304 000022
LE BOOK#
Page 1 RECORDING: $52 50 Type:RESO
6. The proposed change in zoning is consistent with the existing and proposed use of
property in the surrounding area.
7. Concurrency Deferral Affidavits, copies of which are attached to this Resolution as
Exhibits -B1" and "B2" were signed by the applicant on March 31, 2023.
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 I (Institutional) Zoning District to the
RS-4 (Residential, Single-Family - 4) Zoning District is being granted is described as
follows:
Legal Description:
LOTS 1 AND 2. BLOCK 2 AND THE WEST 1/2 OF VACATED BEHRENS ROAD
ADJACENT ON THE EAST, ANGLEVILLA, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 9. PAGE 15. OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA.
TOGETHER WITH:
LOTS 7 AND 8, BLOCK 1, AND THE EAST 1/2 OF VACATED BEHRENS ROAD
ADJACENT ON THE WEST, ANGLEVILLA. ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 15, EXCEPTING
THEREFROM ALL RIGHTS-OF-WAY FOR PUBLIC ROADS AND DRAINAGE
CANALS OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
TOGETHER WITH:
A PARCEL OF LAND LYING WITHIN SECTION 6, TOWNSHIP 35 SOUTH.
RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NW CORNER OF THE SW 1/4 OF THE NE 1/4 OF SAID
SECTION 6, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE RUN EAST
290 FEET: THENCE SOUTH 10 FEET TO THE POINT OF BEGINNING.
THENCE EAST 224 FEET; THENCE SOUTH 90 FEET; THENCE WEST 224
FEET: THENCE NORTH 90 FEET TO THE POINT OF BEGINNING.
SAID LAND CONTAINS 1.06 ACRES. MORE OR LESS.
Locations: 1707 Behrens Rd, Approximately 1702 Behrens Rd, and
Approximately 4713 Avenue Q Fort Pierce, FL 34947.
Parcel ID Numbers: 2406-504-0008-000-5. 2406-131-0003-010-9, & 2406-504-
Resolution No. 2023-092
File No. RZ-2304-000022
Page 2
0007-000-8.
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 from the I (Institutional) Zoning District to the RS-4 (Residential, Single-Family -
4) 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.
D. 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
Linda Bartz, Vice-Chair AYE
Commissioner Chris Dzadovsky AYE
Commissioner Larry Leet AYE
Commissioner Jamie Fowler AYE
PASSED AND DULY ADOPTED This 6th day of June, 2023.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
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ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
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Deputy Clerk •v� N' 1SS Y County Attorney
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°,� r *� Resolution No. 2023-092
Page 3
Cot„, WOO" No. RZ 2304 000022
Exhibit "A"
(Boundary Survey)
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Resolution No 2023-092
File No. RZ-2304-000022
Page 4
Exhibit "B-1 "
(Concurrency Deferral)
St.Luck County
Concurrency Deferral AffIdavk
I.i(4N Tf'ln,,d ,residing or doing bwiness at Y23X 71r, 1a4 .
Stmet
/-c21-j dec.(' , 37981 , 772•971'2274
City State Zip Phone
have applied for a ire-¢o1✓.1tc) from St.Luck County,Florida,
Type ofDevdopra Order
for the following project:----,_P.Pkt,,./ •
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Name orf ,ppmd t)eveloptoear
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 fmal 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.
I further acknowledge that according to Section 5.08.01 of the St. Lucic 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:Ac'2./7r2l,4 l Date: •-) 2l/2 0,2 �
Applicant
STATT.OF FLORIDA
COUNTY OF 5•wtMt4LLw.
The foregoing matrumoit was acknowledged before me this $l Lt_ dny of YAa.A.c‘.1 20,'1 y by-
ttlJ..�f�FSpVT_ :who is personally known to me or who has produced
..�L as identification.
'tW Type or Print Name of Notary----
Aartaaq b3.'>a'.__ Commission Number (Sall
k:Slrl r'/.'4�fliee6'rardt
Page I of I Ox•'u+m i50 i+!)lr
,r I Nf[nm.:welt.i iS.ION
Revised: April I.2W% wren riq`rxt,s wn.
Resolution No. 2023-092
File No. RZ-2304-000022
Page 5
Exhibit "B-2"
(Concurrency Deferral)
St.Luck County
Coneurrency Deferral Affidavit
I. caV510 Q.4AS.l( ,residing or doing business at t 1OLI 12xhre.f1S l.oad,
Nacre Strew
-Urf 0%.,ree , FL 3`1947 3S3
City State Zia Phone
have applied for a 2APlt_ I1 C1 from St.Lucie County,Florida,
Type of0. ntOrder
for the following project: .11 0Y(, i. 20Y11 nC
Name of Proposed
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 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.
1 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: cl—net.qT { n e rc- r Date: t3i 2 3
Applicant
STATE OF FLORIDA
COUNTY OF
The foteaoua instrument was ackaordedged before me this 3 t day of Vy ICi C 1 ,20 3by
T-CwS+JQ.1s1Q5 .tf whois personally known tomeor who has produced Vr.,1ccS L,cQ05(Z
as identification —�
— yryJc,C elk the.c." S,.Ktic3
SiP a of Type Sr Print Nance of Notary
Ceoaeas,on Number (Seal)
lanr.Srvsrr-r4mv
NOTARY PUBLIC
STATE OF FLORIDA
II. Camp Go7asroa
Page t of t Ernaes 8(712023
Revisal:Aped 1,280E
Resolution No. 2023-092
File No. RZ-2304-000022
Page 6