HomeMy WebLinkAbout23-216 RESOLUTION No. 2023-216
FILE NO.: RZ-2306-000024
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS CC
OF ST. LUCIE COUNTY AMENDING THE ST. LUCIE COUNTY 0
OFFICIAL ZONING ATLAS FOR TWO PARCELS AND PORTIONS F- IX
OF SIX ADDITIONAL PARCELS OF LAND OWNED BY FLORIDA
POWER AND LIGHT AND LOCATED SOUTH AND WEST OF THE = a o
INTERSECTION OF FLORIDA'S TURNPIKE AND THE C-24 CANAL LL o°
FROM THE AG-5 (AGRICULTURAL-5) ZONING DISTRICT TO THE N
U (UTILITY) ZONING DISTRICT. LLI
N
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on W Q Q o0.
testimony and evidence, including, but not limited to the staff report, has made the following 8 M Q
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determinations: w z
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1) Culpepper & Terpening, Inc on behalf of the Florida Power and Light Company a J
presented a petition for an Amendment to the Official Zoning Atlas from AG-E S
(Agricultural-5) Zoning District to the U (Utilities) Zoning District, for properties locateo
at the southeast corner of Florida's Turnpike and the C-24 Canal in unincorporated St.
Lucie County, Florida, as depicted on the attached map as Exhibit "A" and described in
Part "A" below.
2) On September 28, 2023, the St. Lucie County Planning and Zoning Commission held a
public hearing on this petition, after installing a sign on the property and notifying by
mail all owners of property within 500 feet of the subject at which all interested persons
were given an opportunity to be heard and recommended that the Board of County
Commissioners approve the request for the property described in Part "A".
3) On November 7, 2023, the Board of County Commissioners of St. Lucie County,
Florida, held a public hearing of which due notice was published in the St. Lucie News
Tribune and via a sign posted on the property.
4) The St. Lucie County Development Review Committee has reviewed the Rezone
Petition and found it to meet the technical requirements and to be consistent with the
St. Lucie County Comprehensive Plan.
5) The proposed change in zoning satisfies 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
ZONING MAP AMENDMENT
A. The property on which the Zoning Map Amendment, or change in zoning, from AG-5
(Agricultural-5) Zoning District to U (Utilities) is being granted is described as follows:
RESOLUTION No. 2023-216
FILE NO.: RZ-2306-000024
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY AMENDING THE ST. LUCIE COUNTY
OFFICIAL ZONING ATLAS FOR TWO PARCELS AND PORTIONS
OF SIX ADDITIONAL PARCELS OF LAND OWNED BY FLORIDA
POWER AND LIGHT AND LOCATED SOUTH AND WEST OF THE
INTERSECTION OF FLORIDA'S TURNPIKE AND THE C-24 CANAL
FROM THE AG-5 (AGRICULTURAL-5) ZONING DISTRICT TO THE
U (UTILITY) ZONING DISTRICT.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
testimony and evidence, including, but not limited to the staff report, has made the following
determinations:
1) Culpepper & Terpening, Inc on behalf of the Florida Power and Light Company
presented a petition for an Amendment to the Official Zoning Atlas from AG-5
(Agricultural-5) Zoning District to the U (Utilities) Zoning District, for properties located
at the southeast corner of Florida's Turnpike and the C-24 Canal in unincorporated St.
Lucie County, Florida, as depicted on the attached map as Exhibit "A" and described in
Part "A" below.
2) On September 28, 2023, the St. Lucie County Planning and Zoning Commission held a
public hearing on this petition, after installing a sign on the property and notifying by
mail all owners of property within 500 feet of the subject at which all interested persons
were given an opportunity to be heard and recommended that the Board of County
Commissioners approve the request for the property described in Part "A".
3) On November 7, 2023, the Board of County Commissioners of St. Lucie County,
Florida, held a public hearing of which due notice was published in the St. Lucie News
Tribune and via a sign posted on the property.
4) The St. Lucie County Development Review Committee has reviewed the Rezone
Petition and found it to meet the technical requirements and to be consistent with the
St. Lucie County Comprehensive Plan.
5) The proposed change in zoning satisfies 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
ZONING MAP AMENDMENT
A. The property on which the Zoning Map Amendment, or change in zoning, from AG-5
(Agricultural-5) Zoning District to U (Utilities) is being granted is described as follows:
Resolution No. 2023-216
File No.: RZ-2306-000024
Page 2
Legal Description:
PARCEL 1:
A PORTION OF THAT PART OF SECTION 33, TOWNSHIP 34 SOUTH, RANGE 38
EAST AND A PORTION OF TRACTS 1, 7 AND 14, PLAT OF UNITED GROVES,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF TRACT 6 OF SAID PLAT OF
UNITED GROVES; THENCE ALONG THE WEST LINE OF SAID PLAT, SOUTH
01°08'43" EAST, A DISTANCE OF 2,749.83 FEET TO A POINT; THENCE
DEPARTING SAID WEST LINE, NORTH 89°11'07" WEST, A DISTANCE OF 1,918.73
FEET TO A POINT ON THE EAST LINE OF A FLORIDA POWER & LIGHT
EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK, 360, PAGE 2599, OF
THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE ALONG SAID
EAST LINE TO FOLLOWING 2 COURSES, SOUTH 01°28'54" EAST, A DISTANCE
OF 1,282.99 FEET; SOUTH 03°01'06" WEST, A DISTANCE OF 650.69 TO A POINT
ON SAID EAST LINE; THENCE DEPARTING SAID EAST LINE ON A LINE
PARALLEL TO THE NORTH RIGHT-OF-WAY LINE OF SOUTH FLORIDA WATER
MANAGEMENT CANAL (C-25), SOUTH 89°40'31" EAST, A DISTANCE OF 1,790.08;
THENCE NORTH 68°11'55" EAST, A DISTANCE OF 137.15' FEET; THENCE SOUTH
89°35'40" EAST, A DISTANCE OF 1,811.42 FEET; THENCE SOUTH 89°35'29"
EAST, A DISTANCE OF 157.33 FEET; THENCE SOUTH 89°37'20" EAST, A
DISTANCE OF 509.95 FEET TO A POINT ON THE EAST LINE OF SECTION 33;
THENCE SOUTH 89°27'53" EAST, A DISTANCE OF 2,432.51 FEET; THENCE
NORTH 87°25'38" EAST, A DISTANCE OF 199.38 FEET; THENCE SOUTH 89°41'27"
EAST, A DISTANCE OF 521.74 FEET TO A POINT OF CURVATURE; THENCE ON
A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 175.00 FEET,
THENCE NORTHEAST ALONG THE ARC OF SAID CURVE A DISTANCE OF 179.56
FEET, THROUGH A CENTRAL ANGLE OF 58°47'14", HAVING A CHORD BEARING
NORTH 60°54'56" EAST AND A CHORD DISTANCE OF 171.78 FEET TO A
REVERSE CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF
375.00 FEET, THENCE NORTHEAST ALONG THE ARC OF SAID CURVE A
DISTANCE OF 384.76 FEET, THROUGH A CENTRAL ANGLE OF 58°47'14",
HAVING A CHORD BEARING NORTH 60°54'56" EAST AND A CHORD DISTANCE
OF 368.10 FEET TO A RADIAL LINE; THENCE SOUTH 89°41'27" EAST, A
DISTANCE OF 375.00 FEET TO A POINT ON THE EAST LIMITS OF SAID PLAT OF
UNITED GROVES; THENCE ALONG SAID EAST LINE, SOUTH 00°52'13" WEST, A
DISTANCE OF 425.00 FEET TO A POINT; THENCE, NORTH 89°41'27" WEST, A
DISTANCE OF 726.88 FEET TO A POINT; THENCE, NORTH 00°48'51" EAST, A
DISTANCE OF 60.00 FEET TO A POINT ON THE SOUTH LINE OF SAID PLAT OF
UNITED GROVES; THENCE ALONG SAID SOUTH LINE THE FOLLOWING 6
COURSES: NORTH 89°41'27" WEST, A DISTANCE OF 634.10 FEET; SOUTH
87°25'38" WEST, A DISTANCE OF 199.58 FEET; NORTH 89°27'53" WEST, A
DISTANCE OF 2,436.06 FEET TO A POINT ON THE EAST LINE OF SAID SECTION
33; NORTH 89°37'20" WEST, A DISTANCE OF 508.87 FEET; SOUTH 00°22'40"
WEST, A DISTANCE OF 5.00 FEET; NORTH 89°35'29" WEST, A DISTANCE OF
157.36 FEET; THENCE DEPARTING SAID SOUTH LINE LINE OF PLAT, SOUTH
00°24'31" WEST, A DISTANCE OF 70.00 FEET; THENCE NORTH 89°35'40" WEST,
Resolution No. 2023-216
File No.: RZ-2306-000024
Page 3
A DISTANCE OF 1,769.05 FEET; THENCE NORTH 00°24'01" EAST, A DISTANCE
OF 23.40 FEET; THENCE NORTH 89°40'31" WEST, A DISTANCE OF 2,149.70
FEET; THENCE NORTH 00°19'29" EAST, A DISTANCE OF 5.00 FEET TO A POINT
OF CURVATURE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 355.00
FEET, THENCE NORTHWEST ALONG THE ARC OF SAID CURVE A DISTANCE OF
556.30 FEET THROUGH A CENTRAL ANGLE OF 89°47'06", HAVING A CHORD
BEARING NORTH 44°45'27" EAST AND A CHORD DISTANCE OF 501.10 FEET TO
A RADIAL LINE; THENCE NORTH 00°06'13" EAST, A DISTANCE OF 528.55 FEET;
THENCE NORTH 02°24'44" WEST, A DISTANCE OF 1,789.68 FEET; THENCE
NORTH 05°53'00" WEST, A DISTANCE OF 627.89 FEET; THENCE NORTH
01°13'00" EAST, A DISTANCE OF 1,458.67 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF SUNSHINE STATE PARKWAY (FLORIDA TURNPIKE);
THENCE ALONG SAID SOUTH LINE, SOUTH 89°50'16" EAST, A DISTANCE OF
2,516.22 FEET TO THE PLACE AND POINT OF BEGINNING.
SAID LAND CONTAINING 212.87± ACRES, MORE OR LESS
ALSO TOGETHER WITH
PARCEL 2
A PORTION OF THE EAST ONE HALF OF THE WEST ONE HALF OF THE
NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ST.
LUCIE COUNTY FLORIDA, ALL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 35
SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE ALONG THE
NORTH LINE OF SAID SECTION 3, SOUTH 89°39'59" EAST, A DISTANCE OF
3,320.44 FEET TO THE WEST LINE OF THE EAST ONE HALF OF THE WEST ONE
HALF OF THE NORTHEAST 1/4 OF SAID SECTION 3; THENCE ALONG SAID
WEST LINE, SOUTH 01°15'08" EAST, A DISTANCE OF 145.71 FEET TO A POINT
ON THE SOUTH RIGHT OF WAY LINE OF THE C-25 CANAL; THENCE ALONG
SAID SOUTH RIGHT-OF-WAY LINE, SOUTH 89°32'56" EAST, A DISTANCE OF
292.11 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE, SOUTH
89°32'56" EAST, A DISTANCE OF 372.00 FEET TO THE EAST LINE OF SAID WEST
1/2 OF THE NORTHEAST 1/4 OF SECTION 3; THENCE ALONG SAID EAST LINE,
SOUTH 00°15'20" EAST, A DISTANCE OF 2,850.91 FEET TO A POINT ON THE
NORTH RIGHT-OF-WAY LINE OF SCHUMANN ROAD, SAID LINE ALSO BEING
65.00 FEET NORTH OF AND PARALLEL TO, WHEN MEASURED AT RIGHT
ANGLES, THE SOUTH LINE OF SAID NORTHEAST 1/4 OF SECTION 3; THENCE
ALONG SAID NORTH RIGHT-OF-WAY LINE, NORTH 89°53'29" WEST, A
DISTANCE OF 150.00 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY
LINE, ON A LINE PARALLEL TO AND 150.00 FEET WEST OF, WHEN MEASURED
AT RIGHT ANGLES, SAID EAST LINE OF WEST 1/2 OF THE NORTHEAST 1/4 OF
SECTION 3, NORTH 00°15'20" WEST, A DISTANCE OF 2,315.65 FEET TO A POINT
OF CURVATURE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 250.00
FEET, THENCE NORTHWEST ALONG THE ARC OF SAID CURVE A DISTANCE OF
166.91 FEET THROUGH A CENTRAL ANGLE OF 38°15'10", HAVING A CHORD
BEARING NORTH 19°22'56" WEST AND A CHORD DISTANCE OF 163.83 FEET TO
A RADIAL LINE; THENCE NORTH 38°30'31" WEST, A DISTANCE OF 126.17 FEET
Resolution No. 2023-216
File No.: RZ-2306-000024
Page 4
TO A POINT OF CURVATURE, CONCAVE TO NORTHEAST, HAVING A RADIUS
OF 420.00 FEET, THENCE NORTHWEST ALONG THE ARC OF SAID CURVE A
DISTANCE OF 280.41 FEET THROUGH A CENTRAL ANGLE OF 38°15'10", HAVING
A CHORD BEARING NORTH 19°22'56" WEST AND A CHORD DISTANCE OF
275.23 FEET TO A RAbIAL LINE; THENCE NORTH 00°15'20" WEST, A DISTANCE
OF 25.00 FEET TO TIE PLACE AND POINT OF BEGINNING.
SAID LAND CONTAINING 11.36± ACRES, MORE OR LESS
Parcel ID Numbers: 1233-122-0015-000-2 (portions of)
1233-433-0026-000-7 (portions of)
1233-501-0001-000-4 (portions of)
1233-501-0007-000-6 (portions of)
1233-501-0007-010-9 (portions of)
1233-501-0021-000-0 (portions of)
1234-434-0001-000-2
2203-121-0001-000-8
B. The St. Lucie Planning and Development Services Director shall be authorized to
amend the Official Zoning Map to change the zoning of the property herein described,
from AG-5 (Agricultural-5) to U (Utilities) and to make a notation of the reference to the
date of adoption of this Resolution.
C. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit
"B" was signed by the applicant on June 14, 2023.
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.
F. ADOPTION
After the motion and second, the vote on this Resolution was as follows:
Cathy Townsend, Chair AYE
Linda Bartz, Vice-Chair AYE
Chris Dzadovsky, Commissioner AYE
Larry Leet, Commissioner AYE
Jamie Fowler, Commissioner AYE
PASSED AND DULY ADOPTED this 7T" day of November, 2023.
Resolution No. 2023-216
File No.: RZ-2306-000024
Page 5
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Ch
ATTEST APPRO S TO FORM
AND CORRECTNESS
y GO Ml�g/Ssi
Deputy Clerk '� s Oyu County Attor y
• YY
`G O
e Cowry'.
Resolution No. 2023-216
File No.: RZ-2306-000024
Page 6
Exhibit A
Location Map
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Resolution No. 2023-216
File No.: RZ-2306-000024
Page 7
Exhibit B
Concurrency Deferral Affidavit
St.Lucie County
Concurrency Deferral Affidavit
FPL SUNBREAK SUBSTATION
(CHANGE IN ZONING)
I, Dennis J.Murphy(as agent for the applicant FPL) ,residing or doing business at 2980 South
25th Street, Ft. Pierce,Florida, 34981 (772)464-3537 ,have applied for a Change in Zoning
(a Preliminary Development Order)from St.Lucie County,Florida,for the following project:
FPI Sunbreak Substation(Rezoning) .
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.
NIA.02?\tik
Signed: Date: June 14,2023
Applicant
STATE OF FLORIDA
COUNTY OF St. Lucie
The foregoing instrument was acknowledged before me this 1 4th day of June ,20 23 ,by
Dennis J. Murphy who is personally known to me -------
----------- --es-identi ieatien.
A./ Roberto Cabrera
ignature of Notary Type or Print Name of Notary
GG932986 ,; ^ ;;,.. ROBERTOCABRERA
Commission Number (Sea .: A1YcotMtlSeoN6GG932966
i%. l7�IRE6:NwmiWr 19,20Q9
.1,-f.i:ei BondedllruNoWyPalkUdswl*n i
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June 14,2023 CT22-197