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Home My WebLink About23-113RESOLUTION NO. 2023-113 File No.: RZ-2301-000016 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A CHANGE IN ZONING FROM THE RS- 3 (RESIDENTIAL, SINGLE-FAMILY — 3) ZONING DISTRICT TO THE AR-1 (AGRICULTURAL, RESIDENTIAL -1) ZONING DISTRICT FOR FIVE PARCELS 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 owners, Whitney O'Neill, Charles Cookson, Lance & Tonya Mills, Paul & Kimberly Fasnacht, and Howard Specker petitioned for an Amendment to the Official Zoning Atlas to change the zoning from the RS-3 (Residential, Single- Family-3) Zoning District to the AR-1 (Agricultural, Residential-1) Zoning District in St. Lucie County, Florida, for the properties legally described in Paragraph "A" and depicted on the attached map as Exhibit "A". 2. On June 15, 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-3 (Residential, Single-Family-3) Zoning District to the AR-1 (Agricultural. Residential-1) Zoning District. 3. On July 11, 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 continue the petition to the October 3, 2023 regularly scheduled Board of County Commissioners meeting. 4. On October 3, 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) MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY Resolution No. 2023-113 FILE # 5258332 10/23/2023 11.24:05 AM Page 1 OR BOOK 5061 PAGE 1077 - 1083 Doc Type: RESO RZ-2301-000016 RECORDING: $61.00 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-3 (Residential, Single-Family-3) Zoning District to the AR-1 (Agricultural, Residential-1) Zoning District. 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. 6. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. 7. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B" was signed by the applicants on June 7, 2023. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The properties on which the Change in Zoning from the RS-3 (Residential, Single- Family-3) Zoning District to the AR-1 (Agricultural, Residential-1) Zoning District is being granted is described as follows: LEGAL DESCRIPTIONS: 29 35 40 SE '/4 OF NW '/4 OF NE 14-LESS N 300 FT AND LESS RD AND CANAL R/WS AND LESS THAT PART OF SEC 29 MPDAF: BEG NW COR OFNE1% OFSW1% OFNE '/40F SEC RUN N001536E13.89FTTOS R/W LI OF OLD EDWARDS RD, TH N 8909 04 E ALG S R/W LI 17.53 FT TO E R/W LI OF OLD EDWARDS RD, TH N 00 04 49 W ALG E R/W LI 46.03 FT, TH S 85 08 33 E 622.81 FT TO W R/W LI OF NSLWCD CANAL #9A AND N LI OF NW 1% OF SW '/4 OF NE 1/4 OF SEC, TH S 89 19 55 W ALG N LI 638.14 FT TO POB- (4.97 AC) Location: 3121 Old Edward Road, Fort Pierce, FL 34981 Parcel ID: 2429-124-0002-000-8 29 35 40 N 300 FT OF SE '/4 OF NW 1/4 OF NE 1/4-LESS RD AND CANAL R/WS- (4.34 AC) (OR 3654-991) Resolution No. 2023-113 Page 2 RZ-2301-000016 Location: 3111 Old Edward Road, Fort Pierce, FL 34981 Parcel ID: 2429-124-0001-000-1 29 35 40 FROM NE COR OF SW 1/4 OF NW '/4 OF NE '/4 RUN S 00 DEG17 MIN 20 SEC W 262.50 FT FOR POB, TH CONT S 00 DEG 17 MIN 20 SEC W 397.6 FT, TH S 88 DEG 52 MIN 20 SEC W 59.63 FT TO NELY R/W NSLWMD, TH NWLY ALG SD NSLWMD R/W 298.28 FT, TH N 22 DEG 22 MINI SEC E 254.78 FT, TH N 89 DEG 59 MIN 50 SEC E 201 FT TO POB- LESS E 15 FT FOR RD RAN- (1.81 AC) (OR 4126-144) Location: 3126 Old Edward Road, Fort Pierce, FL 34981 Parcel ID: 2429-123-0001-300-1 29 35 40 BEG NE '/4 OF SW '/4 OF NE 1% OF SEC, TH N 00 15 36 E ALG '/4 1% '/4 SEC LI 13.89 FT TO S RAN LI OF OLD EDWARDS RD, TH N 89 09 04 E ALG S RAN LI 17.53 TO E RAN LI OF OLD EDWARDS RD, TH N 00 04 49 ALG E R/W/LI 15.92 FT, TH S 85 08 33 E 371.22 FT, TH S 00 08 24 W 555.09 FT TO APPROX EDGE OF WATER OF NSLRWCD CANAL NO. 29, NEXT FOUR READINGS ARE ALG EDGE OF WATER, TH N 41 36 04 W 117.84 FT, TH N 42 18 35 W 184.36 FT, TH N 40 53 21 W 225.78 FT, TH N 34 28 07 W 64.42 FT TO %-1/4-1/4 SEC LI, TH N 00 15 36 E ALG '/4-1/4-1/4 SEC LI 108.21 FT TO POB- (3.146 AC) (OR 3961-1478: 3961- 2475) Location: 3131 Old Edward Road, Fort Pierce, FL 34981 Parcel ID: 2429-131-0006-0008 29 35 40 FROM NE 1/4 OF SW 1/4 OF NE 1/4 OF SEC, TH N 00 15 36 E ALG 1/4 1/4 1/4 SEC LI 13.89 FT TO S RAN LI OF OLD EDWARDS RD, TH N 89 09 04 E ALG S RAN LI 17.53 TO E RAN LI OF OLD EDWARDS RD, TH N 00 04 49 ALG E RAN/LI 15.92 FT TO POB, TH CONT ALG E RAN LI 30.11 FT, TH S 85 08 33 E 622.81 FT TO W RAN LI OF NSLRWCD CANAL NO. 9A AND N LI OF NE 1/4 OF SW 1/4 OF NE 1/4 OF SEC, TH 5000824W ALG NLI671.48FTTONE1/4OFSW1/4OFNE1/4SEC LI, TH S 89 00 14 W ALG 1/4/1/4/1/4 SEC LI TO APPROX EDGE OF WATER OF NSLRWCD CANAL NO. 29 163.68 FT, TH N 37 28 26 W ALG Resolution No. 2023-113 Page 3 RZ-2301-000016 EDGE OF WATER 116.77 FT, TH N 41 36 04 W ALG EDGE OF WATER 23.75 FT, TH N 00 08 24 E 555.09 FT, TH N 85 08 33 W 371.22 FT TO POB- (4.79 AC) (OR 3643-1893) Location: 3129 Old Edward Road, Fort Pierce, FL 34981 Parcel ID: 2429-131-0005-000-1 The St. Lucie County Planning and Development Services Director shall be authorized to amend the Official Zoning Map to change the zoning of the properties herein described, from the RS-3 (Residential, Single-Family-3) Zoning District to the AR-1 (Agricultural, Residential-1) Zoning District and to make notation of the reference to the date of adoption of this Resolution. B. Rezoning actions to non-planned development districts are not eligible for conditions of approval. Staff has provided the following acknowledgements to the applicants as part of the review process: Planning Department 1. Animals, except those animals generally recognized as household pets (farm animals), are permitted in the AR-1 (Agricultural, Residential — 1 du/ac) per Land Development Code Section 7.10.03.(B.) —Animals in Residential Districts provided they are not housed within one hundred (100) feet of any property line. Prior to approval, all barns, chicken coops, bee boxes, and/or other homes for farm animals must be relocated to meet this provision. 2. Home occupations, related or unrelated to potential agricultural uses, shall comply with Land Development Code Section 8.01.00 — Home Occupations, including use limitations and limits to traffic generation and parking. Environmental Resources Department 3. Prior to any ground disturbance or impacts to any vegetation, a vegetation removal permit or exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 4. Prior to issuance of a Vegetation Removal Permit or Exemption, listed species surveys including but not limited to gopher tortoise surveys shall be updated as required per state and/or federal protocol. Should any listed species be found as a Resolution No. 2023-113 Page 4 RZ-2301-000016 result of these updated surveys, appropriate permits from state and federal agencies shall be required. 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: Commissioner Cathy Townsend, Chair AYE Commissioner Linda Bartz, Vice-Chair AYE Commissioner Chris Dzadovsky AYE Commissioner Larry Leet AYE Commissioner Jamie Fowler AYE PASSED AND DULY ADOPTED This 3rd day of October, 2023 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY hair ATTEST: APPROVED AS TO FORM AND C RECTNESS: Dep-ty Cler County obey oJ��Y co,, 4414 ,, Z Resolution No. 2023-113 Page 5 . _ RZ-2301-000016 o�Nrrr FOTO" Exhibit "A" [ :11 n l „sg-16-3E 1 1‘.' 1 i_____„ , _. �' 'I-'°TF Y ' �..� NrM54a Ave -\ --._... m _ �!1✓ I , I.. 4 II . I�� 4 S '1 { ' _ 1 nl.' 1.. c n. \1,,..---' [,II4 tt„4.2[Wire., [ I aj-I _1_1 \ , rrn,_ , , ,--- ,_ , , ..?..,,,, - 11:41-—FT ! ., tea-�-� ,� `Il l�_ r -a - J F 1 y l itiii(L,', Subject �,. 1 J~ - i� Parcel I --- fri i_,;"h', _ / r l III/1 \ 7,.- , -<-- a60 / H�1 - f ' Resolution No. 2023-113 Page 6 RZ-2301-000016 Exhibit "B" St.Lucie County Concurrency Deferral Affidavit I,tA.)-4,rta44..1 OI/vc t tom. ,residing or doing business at 3121 M.D E3:)K.r4¢-1:)5 t b Name I Street C-4:72cc F ,34ns'1 , (772) ZO$• b(osb City State Zip Phone have applied for a V._g ZOty from St.Lucie County,Florida, Type of Development Order for the following project: GU, • 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 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. 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: r7 o Date: 617/2 3 pplicant STATE OF FLORIDA COUNTY OF Cr.U.1CI+F The foregoing instrument was acknowledged before me this , day of ..u µ E ,20 47 by W+1 ITI4 bb y D t 14E1 L.L who is tonally kno• to me or who has produced as identification. eat* �.ignature o No ry Type or Print Name of Notary 61CgI42)21S Commission Number (Seal) TONYA R.MILLS "�� NOUry Public-State at Florida _. =1�' Commission C GG 91827G %,'•�" My Commission Expires October 01,2023 r _ Page I of I Revised: April 1,2008 Resolution No. 2023-113 Page 7 RZ-2301-000016