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HomeMy WebLinkAbout24-165 RESOLUTION No. 2024-165 FILE NO.: RZ-2305-000023 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING ATLAS FOR A PARCEL TOTALING +/-36 ACRES FROM IX, INDUSTRIAL EXTRACTION, TO THE IL, INDUSTRIAL LIGHT (APPROXIMATELY 28.5 ACRES OF THE SITE) AND IH, INDUSTRIAL HEAVY (APPROXIMATELY 7.5 ACRES AT THE NW CORNER OF THE SITE) ZONING DISTRICTS. 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) TDC Holdings, LLC, on behalf of Guettler Brothers Construction, Inc. presented a petition for an Amendment to the Official Zoning Atlas from IX, Industrial Extraction to the IL, Industrial Light (approximately 28.5 acres of the site) and IH, Industrial Heavy (approximately 7.5 acres at the NW corner of the site) zoning districts, for a property located on the west side of Sapp Road, approximately 1/4 mile south of St. Lucie Boulevard, in the Airport Overlay District, within St. Lucie County, Florida, as depicted on the attached map as Exhibit A and legally described in Part A. 2) On July 18, 2024, the St. Lucie County Planning and Zoning Commission held a public hearing on this petition, after advertising in the newspaper of local circulation, installing a sign on the property, and notifying by mail all owners of property within 500 feet of the subject property, 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 September 3, 2024, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing on this petition, after advertising in the newspaper of local circulation, installing a sign on the property, and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard, and voted to approve the petition to amend the Official Zoning Atlas from the IX (Industrial Extraction) to the IL (Industrial, Light) and IH Industrial, Heavy) Zoning Districts. 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5386630 09/16/2024 01:21:24 PM OR BOOK 5207 PAGE 1149-1153 Doc Type:RESO RECORDING: $44.00 Resolution No. 2024-165 File No.: RZ-2305-000023 Page 2 A. The property on which the change in zoning from the IX, Industrial Extraction, to the IL, Industrial Light (approximately 28.5 acres of the site) and IH, Industrial Heavy (approximately 7.5 acres at the NW corner of the site) zoning districts is being granted is described as follows: Legal Description: IL, Industrial Light A PARCEL OF LAND FOR REZONING, LYING IN A PORTION OF PARCEL IDENTIFICATION NUMBER 1431-140-0000-000-8, RECORDED IN OFFICIAL RECORD BOOK 3090, PAGE 547, LYING IN SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL OF LAND FOR REZONING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 31; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 31, SOUTH 00011'27" WEST, A DISTANCE OF 1333.36 FEET; THENCE DEPARTING FROM SAID SECTION LINE AND ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31, NORTH 89048'10" WEST, A DISTANCE OF 30.00 FEET TO THE NORTHEAST BOUNDARY CORNER OF SAID PARCEL, AS RECORDED IN OFFICIAL RECORD BOOK 3090, PAGE 547, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE DEPARTING FROM SAID QUARTER SECTION LINE AND ALONG THE WESTERLY RIGHT OF WAY LINE OF SAPP ROAD AS RECORDED IN OFFICIA RECORD BOOK 155, PAGE 53, ST LUCIE COUNTY, FLORIDA, SOUTH 00011'27" WEST, A DISTANCE OF 1205.32 FEET TO THE SOUTHEAST BOUNDARY CORNER OF SAID PARCEL; THENCE ALONG THE NORTH RIGHT OF WAY LINE OF CANAL NO. 1, NORTH 89°49'01" WEST, A DISTANCE OF 1303.41 FEET TO A POINT ON THE WES LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31 SAID POINT ALS BEING THE SOUTHEAST BOUNDARY CORNER OF SAID PARCEL; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE AND ALONG SAID QUARTER SECTION LINE, NORTH 00°10'14" EAST, A DISTANCE OF 710.32 FEET; THENCE DEPARTING SAID QUARTER SECTION LINE, SOUTH 89°48'10" EAST, A DISTANCE OF 663.66 FEET; THENCE NORTH 00011'27" EAST, A DISTANCE OF 495.32 FEET TO A POINT ON SAID NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE ALONG SAID NORTH QUARTER SECTION LINE, SOUTH 89048'10" EAST, A DISTANCE OF 640.00 FEET TO THE POINT OF BEGINNIN SAID PARCEL OF LAND FOR REZONING CONTAINING WITHIN SAID BOUNDS 1,242,725 SQUARE FEET (28.53 ACRES) MORE OR LESS. Legal Description: IH, Industrial Heavy A PARCEL OF LAND FOR REZONING, LYING IN A PORTION OF PARCEL IDENTIFICATION NUMBER 1431-140-0000-000-8, RECORDED IN OFFICIAL RECORD BOOK 3090, PAGE 547, LYING IN SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL OF LAND FOR REZONING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 31; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 31, SOUTH 00°11'27" WEST, A DISTANCE OF 1333.36 FEET; THENCE DEPARTING FROM SAID SECTION LINE AND ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31, NORTH 89°48'10" WEST, A DISTANCE OF 670.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING FROM SAID QUARTER SECTION LINE, SOUTH 00011-27" WEST, A DISTANCE OF 495.32 FEET; THENCE NORTH 89°48'10" WEST, A DISTANCE OF 663.66 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE ALONG SAID QUARTER SECTION LINE, NORTH 00°10'14" EAST, A DISTANCE OF 495.32 FEET TO THE NORTHWEST BOUNDARY CORNER OF SAID PARCEL, AS RECORDED IN OFFICIAL RECORD BOOK 3090, PAGE 547; THENCE Resolution No. 2024-165 File No.: RZ-2305-000023 Page 3 ALONG SAID NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31, SOUTH 89048'10" EAST, A DISTANCE OF 663.83 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND FOR REZONING CONTAINING WITHIN SAID BOUNDS 328,769 SQUARE FEET(7.55 ACRES) MORE OR LESS. 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 IX, Industrial Extraction, to the IL, Industrial Light (approximately 28.5 acres of the site) and IH, Industrial Heavy (approximately 7.5 acres at the NW corner of the site) zoning districts 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 May 26, 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 Chris Dzadovsky, Vice-Chair AYE Larry Leet, Commissioner AYE Linda Bartz, Commissioner AYE Jamie Fowler, Commissioner AYE PASSED AND DULY ADOPTED this V day of September, 2024. BOARD OF COUNTY COMMISSIONERS �yo0mile s'o ST. LUCIE COUNTY, FLORIDA 0 e_j 7� BY: v ®t W air ATTEST: '�� far APPRO D AS TO FORM tG41Ecou1114* AND CORRECTNESS ��' j BY: 49V41 �/� 1�Lfi� Deputy Clerk County Atto ney Resolution No. 2024-165 File No.: RZ-2305-000023 Page 4 Exhibit A Location Map C- CU 0 o St Lucie Blvd St Lucie Blvd a a rn Subject parcel C Juanita Ave Angle_Rd C-25 Canal 2 N N Resolution No. 2024-165 File No.: RZ-2305-000023 Page 5 Exhibit B Concurrency Deferral Affidavit 5t.Lucie County Concurrency Deferral Affidavit I, Darren C. Guettler, P.E. ,residing or doing business at 1449 NW Commerce Centre pr_ Name Street Port St. Lucie FL 34986 —, 772-879-0477 City State Zip Phone have applied for a Site Plan Development from St.Lucie County,Florida, Type of Development Order for the following project: Guettler Brothers Construction Site 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: Date: 05/26/2023 _ _ - Applicant STATE OF FLORIDA COUNTY OF Sic.Lv 6( The foregoing instrument was acknowledged before me this — day of 20_11,by &V,—l ear who is personally known to me or who has produced as identification. Signature of Notary � Type or Print Name of Notary taa'�31 Commission Number (S 1NVP1AREL --s�C�1,�QrI�Z ?Nolaty p lrcstafe of •; commission# IG843r1a +r` MY commission Expires March 23,202.9 Page I of I Revised: April 1,2008