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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 hair ATTEST: APPROVED AS TO FORM AND CORRECTNESS: � CO Deputy Clerk •v� N' 1SS Y County Attorney r . \ a °,� r *� Resolution No. 2023-092 Page 3 Cot„, WOO" No. RZ 2304 000022 Exhibit "A" (Boundary Survey) 1 . 0ll 1 s <, x - ,/ ••..Egienti,,,i; - . t ; •:,....45,.. I I 1 ik el\ tl \ . •i . . (2).4.414 . I .: \ t i .1.V.Z. ;. •,,,.‘3 / 1.., _vs) . . 4• ..., - 7 4, •. . .. 0 g.A . 11 I ! i...p. § , i r El .. fa: I I 11 1 I/z/1 1 IL lb 2 I e 1 i 0 r '• 52 E i .5i s4- N i 1 I it gr. pe 41 d 1 1,04 qx Ili .1 ntti!. , xii Xigiz gl ex,gi :' . I ge, 11:11 ..• Di r. • i la g iil 081 5-1 ill iZ . B,,3,4 . m.„,i, Nttis 7 ' - • • ... 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,,./ • 4 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