HomeMy WebLinkAboutCharboneau, Brian & KathleenKAUF~
LAND
PETITION OF
BRIAN
& KATHL
CHARBONEAU
DEPARTMENT OF COMMUNITY AFFAIRS
BRYANT, MILLER AND OLIVE, 1~-~: ~ ~
Slung by criticism from the Governor and Cabinet, the Department of Community
Affairs may be more carefully considering its objections to local comprehensive plan
amendmems that address land-use changes for relatively small tracts of land. The
change in orientation that may be occurring with the Department is'important
because it seems to underscore the protection of state and regional resources while
de-emphasizing the protection of small parcels of land that may have only local
significance.
Thc comprehensive plan amendment that has provided the catalyst for the
reevaluation of thc Departmcnt,s policies involves a 154-acrc parccl in St. Lucie
County. The County had proposed to increase residential densities on the pamel from
2.5 homes per acre to one home per acre. The parcel was outside thc County's urban
service area and was adjacent to productive farmland. Thc Department found the
amendmcnt out of compliance, objecting to the increase in density because, among
other things, it allegedly failed to disco_urage urban sprawl. The case was tried before
an administrativc-hcaring officer, and a recommendcd order was issued supporting
thc DcpartmenCs position and suggesting that economic sanctions be levied agmnst
the County. The case was forwarded to the Governor and Cabinet for entry of a 'final
order.
The Governor and Cabinet balked at approving the recommended order. Thc
Governor, joined by two members of thc Cabinet, expressed concern that the
Department was "micro-managing" land use decisions that were more properly
within the purview of local government. Ultimately, thc parties compromised by
agreeing to the entry of a final order that mirrored the hcaring officer's t-mdings
and conclusions but which did not impose sanctions against thc local government
and which allowcd the local government to make the density increase effective.
Thc Governor and Cabinet's lack of support for thc Department's review of local
comprehensive plan amendments was the subject of much discussion within the
agency and was covered in the press. The effects of thc St. Lucic decision are
beginning to emerge. It appears that in some cases thc Department is reversing its
.non-compliance findings on plan amendments that .address small-acreage tracts. The
Department's treatment of amendments from Indian River county and Bay County
support this observation.
Several months ago, the Department made a non-compliance finding on a. plan
amendment from l',,dian River County :~?. ;_ncreased intensifies by allowing
industrial and commercial development on a 15-acre parcel that had previously been
designated for residential development. In a similar case, thc Department found not
in compliance a Bay County plan amendment allowing industrial development on a
7.5 acrc parcel near a bayou and a residential neighborhood. Both amendments were
scheduled lot hea~ng tn the spring of 1994, but recent policy directives and actions
taken by the Department indicate that the Department may no longer pursue
litigation against tkcse local governments.
Thc implication of the Department's handling of these cases is difficult to interpret.
The Department has made no formal public decision about the pending non-
OFFICE OF THE GOVERNOR
OFFICE OF PLANNING AND BUDGETING
GROWTH MANAGEHENT AND STRATEGIC PLANNING
POLICY UNIT
THE CAPITOL, ROOM 2105
TALLAHASSEE, FLORIDA 32399-0001
MEMORANDUM
TO:
FROM:
RE:
Parties of Record
~A~.t~i~ia P-.McCray, Administrative Assistant
~\ ~amlnlstratlon Commmission
DCA vs. St. Lucie County, Respondent &
Brian & Kathy Charboneau, Intervenors
Recommended Order
Case No. ACC-93-063
Enclosed is the Recommended Order that was inadvertently omitted
from the Final Order dated November 23 1993, referred to as
Exhibit A. ·
If you have any questions, please call me at (904)488-7793.
/ppm
Enclosure
FINAL ORDER NO. AC-93-085
STATE OF FLORIDA
BEFORE THE
ADMINISTRATION COMMISSION
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioners,
VS.
ST. LUCIE COUNTY,
and
Respondent,
BRIAN CHARBONEAU and KATHY
CHARBONEAU,
Intervenors.
FINAL ORDER
CASE NO. ACC-93-063
(DOAH No. 92-7438GM)
This cause came before the Governor and Cabinet, sitting as
the Administration Commission ("Commission,,) on November 23,
1993, in Tallahassee, Florida, pursuant to Section 163.3184(10),
Florida Statutes, for consideration of a Determination of Plan
Amendment Not in Compliance issued by the Department of Community
Affairs ("the Department,,) and pursuant to a Recommended Order
issued by the Division of Administrative Hearings in the above
referenced proceeding. Based on a review of the record in this
matter, the Commission voted to adopt the Findings of Fact and
Conclusions of Law in part as further indicated herein. The
Recommended Order dated August 3, 1993 is hereby incorporated
into this Final Order as Exhibit "A". It is hereby determined
that the St. Lucie County Comprehensive Plan Amendment, adopted
by ordinance 92-029, the Charboneau amendment, is not in
BOARD OF COUNTY COMMUNITY
COMMIssION(ERS DEVELOPMENT
DIRECTOR
March 23, 1995
TERRY L. VIRTA, AICP
Mr. Howard E. Nelson
Eckert, Semans, et al
701Brickell Avenue, Suite 1850
Miami, Florida 33131
Subject: DCA - vs- St. Lucie County
ACC'93-063 (DOAH No.: 92-7438GM)
Dear Mr. ~glSon: ~oa~
Enclosed are the documents, and a few others that you requested, in
regard to the above referenced matter. In addition to the final
order of the Administration Co~,ission, I am sending to you copies
of some of the materials that were filed prior to the hearing
before the Administration Commission, along with a transcript of
when we appeared before the Commission, and some of the follow-up
action d~c~ments that we had in our files after the Commission
actions. Hopefully, you might find something in here that you can
use.
If you have any questions of a general nature regarding this
matter, please let me know. If there are specific questions about
this case I would suggest that you speak with either Terry Virta,
my boss, or Daniel McIntyre, our County Attorney.
I~~ ~ to hear from you and stay in touch once in a while
L&-n~De ~elopmen~ Coordinator
DJM/cb
enclosures
CHARB1 (A5)
HAVERT L. FENN, District No. 1 - KEN SAT]-LED District No. 2 - DENNY GREEN District No. 3 o GARY D. CHARLES, SR. District No_ 4 · CLIFF BARN ES. District No. 5
2300 Virginia Avenue · Fort PieFce, FL 34982-5652
(407)462-1590 · Grow~,Management: (407)462-1553 · Planning: (407)462-1576
Code Compliance: (407) 462-1571
STATE
OF
DEPARTMENT OF COMMUNITY AFFAIRS
2740 CENTERVIEW DRIVE o TALLAHASsEE
LAWToN CHILES
Go,,en,or M E M 0 RAN g U M
TO:
FROM:
DATE:
SUBJECT:
Mr. Dennis_ Murphy
St. Lucie County
Robert Pennock, Chief ~
Bureau of Local Planning
August 16, 1994
Notices of Intent filed b-- DCA
FLORIDA 32399-2100
LINDA LOOMIS SHELLEY
Secretary
Enclosed are copies of Notices of Intent published by
the Depart. merit of Community Affairs regarding the adopted
comprehensive plan amendments submitted by the following local
governments:
St. Lucie Co. 94-t
These copies are provided for your information and
agency files. No further action is required on your part, as the
publication of these notices COmpletes the review process directed
by Chapter 163, Florida Statutes. Your assistance during this
review process is very much appreciated.
Should you have any procedural questions on this
matter, please contact Marnese Mosley at (904) 487-4545
Enclosures .
EMERC;ENCY MANAGEMENT . HOUSING AND COMMUNITY DEVELOPMENT . RESOURCE PLANNING AND A4ANAGEMENT
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STATE
THE
OF FLORIDA
CABINET
Repres entin g:
STATE BOARD .OF ADMINISTRATION
DIVISION OF BOND FINANCE
DEPARTMENT OF REVENUE
STATE BOARD OF EDUCATION
ADMINISTRATION COMMISSION
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
MARINE FISHERIES COF/~ISSION
BOARD OF TRUSTEES, INTERNAL IMPROVEMENT TRUST FUND
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The above-entitled agencies came to be heard
before THE FLORIDA CABINET, Honorable Governor Lawton Chiles
presiding, in the Cabinet Meeting Room, LL-03, The capitol,
Tatlahassee, Florida, on Tuesday, October 26, 1993,
conunencing at approximately 9:00 a.m.
Rdportea By:
SUE HABERSHAW JOHNSON
Certified Court Reporter
Registered Professional Reporter
Notary Public
i{ABER.SHA%t' R_EPORTIA-G SER~VICE
P. o. BO~ 505
T~kLL~%H ASSEE. FLORID~-k ~2302
STATE OF
AD INIST TION COm SSION
DEPARTMENT OF COM//UNITY AFFAIRS,
Petitioner,
v.
ST. LUCIE COUNTY,
Respondent,
and
BRIAN CHARBONEAU and KATHY
CHARBONEAU,
Intervenors.
CASE NO. 92-7438GM
DEPARTMENT'OF COMMUNITY AFFAIRS' RESPONSE
TO ST. LUCIE COUNTY'S EXCEPTIONS
Petitioner Department of Community Affairs hereby files
this response to Respondent St. Lucie County's Exceptions to
Recommended Order. The County's Exceptions address numerous
Findings of Fact, Conclusions of Law, and rulings on several of the
County's proposed Findings of Fact.
A. RESPONSE TO COUNTY'S STATEMENT OF THE CASE EXCEPTIONS
1. .As to the County's exception to Finding of Fact 95, this
Finding is supported by the testimony of Healey I 42, 44-46;.
Pennock I 102; Hess II 232 and Virta IV 437, as well as the
amendment itself, Petitioner's Exhibit 6, which does not include
this type of data and analysis.
2. The County files exceptions to Findings of Fact 96-106
which concern the insufficiency of data and analysis to justify an
increase in residential acreage by the designation of the
ADMINISTRATION COMMISSION
DEPARTMENT OF COMMUNITY AFFAIRS,
Pet itioner,
v.
ST. LUCiE COUNTY,
Respondent,
and
BRIAN CF_~RBONEAU and KATHY
CHARBON-EAU,
Intervenors.
AC CASE NO. ACC-93-063
DOAH CASE NO. 92-7438GM
ST. LUCIE COUNTY'S EXCEPTIONS
TO RECOMMENDED ORDER
Respondent, St. Lucie County ("County"), pursuant to Rule 28-
39.004(2), Florida Administrative Code, submits the following
exceptions to the recommended order in this case.
STATEMENT OF THE CASE AND EXCEPTIONS
At issue in this -case is a land use map amendment to a
relatively small parcel, comprising five hundredths of one percenu
of the unincorporated . area within' the county's planning
jurisdiction. The parcel is located immediately outside the urban
services boundary and is in the vicinity of other properties
already developed or designated for residential development at
densities similar to or higher than the density which would be
allowed by the subject amendment. The general location of nhe
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
ST. LUCRE CO..
Date: April 5, 1994
Tape: 1 - 4
convened: 7:10 p.m.
adjourned: 12:50 a.m.
Commissioners Present: Chairman, Havert L. Fenn, Judy Culpepper,
Denny Green, R. Dale Trefetner, Cliff Barnes
Other~-Presen~: Tom Kindred, County Administrator; Dab Kurek,<''~
Management/Budget Administrator; Dan McIntyre, County Attorney; Jim
Lanc as ter, As s t. County Attorney; Terry Virta, Community
Development.Administrator; Dennis Murphy, Land Development Manager;
Joseph Mat fait, Acquisition Director; Curtis King, Airport
Director; Ronald Brown, Public Works Administrator; Jack Southard,
Director Public Safety; Morris Adger, Port Director; Donna Beach,
Purchasing Director;~ Bill Miller, Planning Director; Leo Cordeiro,
Solid Waste Director; Don McLam, Recreation Director; Sam Amerson,
Utilities, W. Linsen, Sheriff, s office; A. Millie White, Deputy
Clerk
~). Resolution No. 94-010/Charboneau Comprehensive Plan Amendment
This item is being continued from March 22, 1994.
Mr. John Albritton, from Albritton Associates, and representing the
Charboneau's, addressed the Board on this issue.
There were no public comments in favor or against the resolution on
this date.
It was moved by Com. Trefelner, seconded by Com. Green, to approve
Resolution No. 94-010, a resolution implementing the Amendment;
and, upon roll call, the vote was as follows: Nay: Barnes, Ayes:
Green, Culpepper, Fenn, Trefelner, motion carried by a vote of 4 to
1.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
co.. ~ --': j
Date: March 22, 1994
Tape: 1-5
convened:
adjourned:
9:14 a.m.
5:25 p.m.
Commissioners Present: Chairman, Havert L. Fenn, Cliff Barnes,
Denny GreeD, (Com's: R. Dale Trefelner and Judy Culpepper were:not
present ~nd advised the balance of the Board they would b~ in
attendance at 2:00 p.m.)
Others Present: Tom Kindred, County Administrator; Dan Kurek,
Management/Budget Administrator; Dan McIntyre, County Attorney;
Terry Virta, Community Development Administrator; Mike Bowers, Road
and Bridge Director; Curtis King, Airport Director; Ron Brown,
Public Works Administrator; Charl es Bicht, Central Services
Director; Bill Miller, Planning Director; Gayla Barwick, ToUrism
Director; DOnna Beach, Purchasing Director; Leo Cordeiro, Solid
Waste Director; JoAnne Holman, Clerk of Circuit Court; A. Millie
White, Deputy Clerk
B~ Comprehensive Plan Amendment
Resolution
No.
94-010/Charboneau
For consideration befOr~ ~he Board was Resolution No. 9'4-010, a
resolution implementihg a Comprehensive Plan Amendment.
Mr. John Albritton, 'representing the Charboneau's addressed the
Board on this request.
Mr. Fred Rohrbaugh, resident of Ft. Pierc~ Gardens, addressed the
Board zn opposition to the amendment.
It was moved by Com. .Green, to continue this public hearing for
April 5, 1994 at 9:'00 p.m. or soon thereafter, due to the fact he
feels this is ah important enough issue which should be heard by'a
full Board, secdnded' by Com. Barnes; and, upon roll call, the vote
was as follows: .Aye's-: Green, Barnes, Nay's: Fenn; motion carried
by a vote of 2 to '1.
BOARD OF COUNTY COMMi SSI ONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: February 22, 1994
Tape: 1-4
convened:
adjourned:
9:07 a.m.
1:35 p.m.
Commissioners Present: Chairman, Havert L. Fenn; Judy Culpepper,
Cliff Barnes, Denny Green, R. Dale Trefelner
Others Present: Tom Kindred, County Administrator; Dan Kurek,
Management/Budget Administrator; Heather Young, Asst. County
Attorney; Jim Lancaster, Asst. County Attorney; Terry Virta,
Community Development Administrator; Mike Bowers, Road/Bridge
Director; Ronald Brown, Public Works Administrator; Charles Bicht,
Central Services Director; Sam Amerson, Utilities Department; Bill
Miller, Planning Director; Donna Beach, Purchasing Director; JoAnne
Holman, Clerk of Courts; Linda Chitdress,- Finance Director; W.
Linsen, Sheriff's office; A. Millie White, Deputy Clerk
~/ ~f Permission to advertise
The Board approved staff's request to advertise and authorize a
public hearifig to make the Charboneau Comprehensive Plan amendment
effective, hearing to be held on March 22, 1994.
.LI rb
ha oneau, Inc.
2789 fienfile Road
Fort ?ierce, Florida 34945
(407) 461-6844
The Honorable Havert Fenn, Chairman
Board of County Commissioners
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
April 6, 1994
Dear Mr. Fenn:
I would like to take this opportunity to express our appreciation
for your unwavering support in regard to our land use change.
We are well aware of the enormous amount of time, effort and
resources devoted to attaining the successful conclusion of this
change.
Terry Virta did an outstanding job, both here in St. Lucie County;
and in Tallahassee, in making the presentation to the Cabinet on
behalf of the County.
Until I became involved in this issue, I never realized, or fully
appreciated, the intricacies of County government.
The citizens of St. Lucie County are very fortunate to have you as.
the Leader of the Team that governs the coun~,y' in future growth.
Thank you very much for your vote of approval.
Sincerely,
BLC:k
2 '
Brian L. Charboneau
0
0
0
F-
CHARBONEAU
ONIN,G
PFTIIION OF
BRIAN & KAT
CHARBONEAU
ZONING
sco
PETITION
OF BRIAN & KATHLEEN CHARBONEAU
DIFRANCESCO
' CANAL
I~ mlIN
FRE~ ~ILL~
PETITION OF
BRIAN & KATHLEEN
CHARBONEAU
AGENDA REQUEST
DATE: ApriI 5, 1994
GULAR [ ]
PUBLIC HEARING [X]
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Community Development
PRES~NTED BY~
communi~ Der% Ad~'~in.
SUBJECT:
BACKGROUND:
Continuation of Public Hearing on Draft Resolution 94-010;
Charboneau Comprehensive Plan Amendment.
'Ordinance 92-029 adopted on September 22, 1992 to' change
Future Land Use on Charboneau property from AG-2.5 to RE-1.
DCA issued Statement of Intent to find amendment not in
compliance on November 22, 1992. Administrative hearing held
in April 1993. On November 23, 1993, Administration.
Commission issued order that amendment is not in compliance,
but chose not to adopt sanctions. The County may implement
amendment through Resolution 94-010, per S163.3189(2)(b), FS.
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION':
N/A
Adoption of Ordinance 92-029; participation in
administrative hearing and hearing before Administration
Commission. Public hearing on Resolution 94~010 was
continued on March 22, 1994.
Consider resolution 94-010 which will implement the
Charboneau amendment. ~,~'~
COMMISSION ACTION:
[ ] APPROVED [
[ ] OTHER:
] DENIED
CONCURRENCE:
Thomas R.L. Kindred
County Administrator
County Attorney=
Mgt. & Budget:
Public Works Admin:
Leisure Services:
Finance Director:
coordination/Signatures
Asst. Co. Admin:
Prop. Acq. Dir:
Utilities Ser:
Purchasing Dir:
Comm. Der, Admin:
Engin~=ering 'Dir:
Grants Coor:
Other:
Other:
Other:
11/4/93
To.'
From:
Date:
Subject:
County Commission Review: April 5, 1994
Draft Resolution 94-010
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
County Commission
Terry Virta, Community Development Administrator
March 14, 1994
Charboneau Comprehensive Plan Amendment
On April 5, you will be asked to resume your consideration of implementation of the
Charboneau amendment: The public hearing on this case was continued by the Board on.
March 22. This amendment was adopted on September 22, '1992, but was subsequently
found to be "not in.compliance" with Chapter 163, Florida Statutes, by the .Governor and
Cabinet, sitting as the Administration Commission.
In its Final Order on this matter, the Administration Commission upheld the state hearing
officer's findings of fact and conclUSions of law that the amendment "is inconsistent with' the
stated objectives and policies of the existing St. Lucie County Comprehensive Plan.because
it. allows conversion of agricultural property'in an agricultural area, outside the Urban
ServiCe Area, at a density that is considered an urban density." Further, "...the conversion
of the property to urban uses is not compatible with adjacent land uses and that the
conversion to urban uses does not maintain the viability of continued agricultural' uses on
adjacent lands and will not' discourage the proliferation of urban sprawl."
The Administration Comm]~s-sion thus for{nd that the amendment'is not in compliance with
the 1985 Local.Government Comprehensive Planning and Land Development Act. A
significant footnote found in the Final Order states, "The 'not in compliance' determination
in this instance applies only to the Charboneau amendment and does not render the
Comprehensive Plan to be not in compliance."
While it found the amendment to be not in compliance, the Administration Commission
decided not to adopt any sanctions or state any remedial actions to be taken by the County
in the event that this amendment is made effective. The Administration Commission's
Order states, however, "should the County proceed to make this amendment effective, we
strongly urge the County during its evaluation and review process to closely scrutinize its
future land use needs and growth patterns based on projected population and future growth
needs."
Charboneau Comprehensive Plan Amendment
March 14, 1994
Page Two
Staff agrees with the Administration Commission's recommendation that the County
reevaluate its future land use needs and growth patterns, and will make or propose the
appropriate revisions to the plan's data, analyses and Future Land Use Map as part of the
upcoming evaluation and appraisal process.
Subsection 163.3189(2)(b), FS, enacted at the 1993 legislative session, provides that a local
government may elect to make effective an adopted plan amendment which has been found
to be not in compliance by the Administration Commission. This may be done by resolution.
Staff recommends the adoption of Resolution 94-010, which will implement Ordinance
92-029, the Comprehensive Plan amendment known as the Charboneau amendment.
If you have any questions on this matter, please contact my office.
SUBMITTED:
~:o ~7I~evelopment Administrator
CONCURRENCE:
CC:
Tom Kindred, County Administrator
Dan Mclntyre, County Attorney
Brian and Kathleen Charboneau
Messer, .Vickers, Caparello, French and Madsen
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RESOLUTION NO. 94 - 010
FILE NO: PA-93-001
A RESOLUTION IMPLEMENTING ORDINANCE 92-029, CHANGING THE FUTURE
LAND USE DESIGNATION FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY,
FLORIDA; AND AUTHORIZING AMENDMENT OF THE FUTURE LAND USE MAP
OF THE~ ST. LUCIE COUNTY COMPREHENSIVE PLAN;
~_ ::~ WltEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made'the following determinations:
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Brian L. and Kathleen E. Charboneau presented a petition for
a change in Future Land Use Classification from AG-2.5
(Agricultural - 1 du/2~5 ac) to RS (Residential Suburban) for'the
property described in Exhibit A (attached)-;
On March 12, 1992, the St. Lucie County Local Planning
Agency held a public hearing on the petition, after publishing
notice at least 15 days prior to the hearing and notifying by mail
the owners of property within 500 feet of the subject property,
and has recommended that the Board deny the hereinafter
described request for a change in Furore I_and Use
Classification from AG-2.5 to RS;
On March 24, 1992, this Board .held a public heating on the
petition, after publishing notice at least 15 days prior to the
hearing and notifying by mail the 9wners of property.within 500
feel of the su-Isject property, at which hearing the-Petitioners
amended their request for a change in Future Land Use
Classification from AG-2.5 to RS m a request for change in
Future Land Use Classification from AG-2.5 m RE-1
(Residential Estate - 1 du/ac) for the property described in
Exhibit A;
On March 24, 1992, this Board, through Resolution 92-057,
authoriZed the transmittal of this petition, as amended, to the
Florida Department of Community Affairs for review in
accordance with the provisions of Chapter 163, Florida Statutes;
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10.
On September 22, 1992, this Board held a public hearing on the
petition, after publishing notice of such hearing in the Port St.
Lucie News-on September 1, 1992, and notifying by mail all
owners of property within 500 feet of the subject property, at
which hearing this Board specifically adopted the petition,
authorized the St. Lucie County Community Development
Administrator to change the Future Land Use Map of the St.
Lucie County Comprehensive Plan, and established an effective
date based upon the Administration Commission issuing a final
order finding the adopted amendment in compliance, in
accordance with Section 163.3184(10);
On November 22, 1992, the Florida Department of Community
Affairs issued a Statement of Intent to find the adopted
amendment not in compliance with the meaning of
§163.3184(1)(b), Florida Statutes;
On April 15 and 16, 1993, a formal hearing was held in this case
before a .hearing officer of the Division of Administrative
Hearings in Tallahassee;
On 'August 4, 1993, the aforementioned hearing officer issued
to the Administration Commi~ion a Recommended Order that
the Administration Commission find the amendment not in
compliance with the meaning of §163.3184(1)(b), Florida
Statutes; 'and
On November 23,1993, the Administration Commission entered
an order which, found the amendment not in compliance with
the meaning of §163.3184(1)(b), ..Florida Statutes; however, the
AdministratiGfi' Commissioff chose to "allow .the cotmty to apply
its discretion as. to the .need for this amendment," and
"decline(d) to adopt any sanctions or state any remedial actions
to be taken by the county in the event that this amendment is
made effective."
Notwithstanding the Administration Commission's findings, this
Board continues to believe that this amendment is consistent
with the St. Lucie County Comprehensive Plan and Chapter
163, Florida Statutes.
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§163.3189(2)(b), Florida Statutes, provides for the
implementation, by resolution, of an adopted plan amendment
which has been found not in compliance by the Administration
Commission.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the St. Lucie County, Florida:
Pursuant to .§163.3189(2)(b),. Florida Statutes, Ordinance 92-029, which
adopted the comprehensive plan amendment known as the Charboneau
Amendment, is hereby implemented.
Be
The property to which this Resolution pertains is described as follows:
SEE ATTACHED EXHIBIT ".A"
A copy. of this Resolution shall be placed on file with the St. Lucie County
Community Development Administrator.
After motion and second, the vote on this resOlution was as follows:
Chairman Havert Fenn xxx
Vice-Chairman Denny Green xxx
Commissioner Cliff Barnes xxx
Commissioner R. Dale Trefelner xxx
Commissioner Judy Culpepper xxx
PASSED AND. DIJLY ADOPTED this xxth day of xxxxxxx, 1994.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
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ATTEST:
Deputy Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
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EXHIBIT "A"
LEGAL DESCRIPTION
L~i Descriptions~ %_~. <~. _
PARCEL ID: 23 22 3'~U 0000 000/7 94.78 ACRES '"~-
LEGAl. DESCRIPTION: 22 35 39 N ~/~ O~ SW ~/~ ~ ~ ~/~ O~ SW ~/~,
~x~ ~/~ FO~-6~'~~ ~' OF ~ ~/~ OF S~ ~/~
DESCRIED AS FOLLOWS: BEG AT ~ COR OF SD ~ 1/4 OF SE 1/4; TH RUN
S 48 FT TO S R/W OF C~, T~ CONT S 1254 FT TO T~ C/L OF EXISTING
ROAD, T~ NELY ~G C/L OF EXISTING RO~ FT TO TEE W R/W OF
~ENTILE RD, TH ~Y ON SD W R/W 779..2 FT, T~ W 273 ~, T~ N 360 FT
TO S R/W OF C~, T~ W ~G S R/W OF C~ 570 ~T TO POE.
P~CEL ID: 23 22 331 0001 000/9 4.96 ACRES
LE~ DESCRIPTION: 22 35 39 N 1/2 OF T~E NE 1/4 OF T~E SW 1/4 OF SW
1/4 (4.96 AC) (OR 433-110)
P~CEL ID~ 23 22 33~ 0002 000/6 4.95
LE~ DESCRIPTION: 22 35 39 S 1/2 0F T~E ~ 1/4 OF T~E SW 1/4 OF' SW
1/4 (4.95 AC) (OR 43~-1~0)
P~CEL ZD: 23 22 334 0001 000/8 4.94 AC~S
LEG~ DESCR~PTZON: 22 35 39 N 1/2 OF ~2 S2 ~/4 OF SW ~/4 OF S~ ~/4
(4.94 ~C) (O~ 433-~0)
P~CEL ZD: 23 22 334 OO02 OO0/5 4.19 AC~S
LEG~ DESCRIPTION: 22 35 39 S 1/2 OF SE 1/4' OF SW 1/4 OF SW 1/4-
LESS S 49.5 FT FOR C~ R/W (4.19 AC) (433-110)
P~CEL ID: 23 22 431 0000 000/9 22.9'~ AC~S
LEG~ DESCRIPTION: 22 35 39 THE SW 1/4 OF ~ 1/4 OF SE 1/4 LESS THE
S 42.5 FT FOR C~ R/W ~D BEG AT ~ COR OF SW 1/4 OF SW 1/4 OF SE
1/4, R~ N ~G 1/4 SEC LI 688.79 FT TO PROJ C/L OF DIRT ROAD TO T~E
E, TH ON A BACK ~G OF 95 39'40" R~ ELY ~G C/L OF SD DIRT RD
823.62 FT TO W R/W LI OF- GENTILE ROAD, T~ R~ SLY ~G SD R/W LI
762.50 FT TO N LI OF T~E SE 1/4 OF SW 1/4 OF SE 1/4 TO POE ~D TEAT
P~T OF ~ 1/4 OF SE 1/4,' BEING MO~ ~TIC~LY DESCRIBED AS
~L~S:.-FRO~E.~'C02 OF h~ ~/4.0R.~ 1/4.. OF SD SEC 22, RUN S
48.0 FT TO S R/W LI OF NS~ C~ ~49; TH CONT S-1227.0 FT TO
POE; TH R~ NELY 767.00 ~ TO T~E W R/W LI OF ~E~ILE RD (THIS LI
C~C~TES 824.81 ~); T~ R~ SLY'~G W R/W LI OF GENTI~ RD, 13.50
FT; T~ R~ S~Y ~G C/L OF EXISTING RD, 767.00 FT (THIS LI
~CU~TES 825.93 ~); TH R~ N, 27.00 FT TO POE.
P~CEL ID: 23 22 701 0001 000/4 1.20
LEG~ DESCRIPTION: ~ · PIECE TROPI~ ESTATES-~IT ONE-AN
~COR~D ~ ~N S~C 22-3S-39 SLX ~ LO~S ~ ~ 7 (~.20 aC) (OR 434-
388)
P~CEL ID: 23 22 701 0002 000/1 .24 ACRES
LEG~ DESCRIPTION: FT. PIERCE .TROPIC~ ESTAtES-UNIT ONE-~
~CORDED P~T IN SEC 22-35-39 ELK 1 LOT 2 (0.24 AC) (OR 440-389)
P~CEL ID: 23 22 701 0003 000/8 .24 AC~S
LE~ DESCRIPTION: F~. PIERCE TROPI~ ESTA~ES-~IT ONE-~
~CORDED P~T IN SEC 22-35-39 ELK 1 LOT 3 (0.24 Ag) (OR 440-389)
P~CEA ID: 23 22 701 0004 000/5 2.55 AC~S
LEG~ DESCRIPTION: FT. PIERCE TROPI~ EStATES-UNIT ONE-~
~RECORDED P~T IN SEC 22-35-39 B~ 1 ~TS 4,5,6,8,9 10 & 11 (2.55
AC) (OR 428-1961) '
P~CEL ID: 23 22 701 0020 000/3 3.16 AC~S
LEG~ DESCRIPTION j ~ · PIERCE TROPIC~ EStATES-UNIT ONE-AN
~CORDED P~T IN SEC 22-35-39 ELK 2 LOTS 3~4,5,.6,7,8,9 & 10 (3.16
AC) (OR 428-1961)
P~CEL ID: 23 2~ 701 0022 000/7 2.11 ACRES
LEG~ DESCRIPTION: FT. PIERCE TROPIC~ ESTATES-UNIT ONE-AN
~CORDED P~T IN SEC 22-35-39 ELK 3 LOTS 1,4,5, & 8 (2.11 AC) (OR
428-1961)
~P~CEL ID: 23 22 701 0023 000/4 2.07 AC~S
LEG~ DESCRIPTION: FT. PIERCE TRO~ IC~ ESTATES-UNIT ONE-~
~RECORDED P~T IN SEC 22-35-39 ELK 3 LOTS. 2,3,6 & 7 (2.07 AC) (OR
434-1383)
P~CEL ID: 23 22 701 0030 000/6
LEG~ DESCRIPTION: FT. PIERCE TROPIC~ ESTATES-UNIT ONE-~
~RECORDED P~T IN SEC 22-35-39 ELK 4 LOTS 1 & 2 (OR 705-1797)
~ARCEL ID: 23 22 7~-f-~ 0034 000/4 .52 ACRES~'
LEGAL DESCRIPTION:-. FT. PIERCE TROPICAL ES~ATES-UNIT ONE-AN
UNRECORDED PLAT-IN SEC 22-35-39 BLK 4 LOT 5 (0.52 AC) (OR 434-387)
PARCEL ID: 23 22 701 0038 000/2 .52 ACRES
LEGAL DESCRIPTION: FT. PIERCE TROPICAL ESTATES-UNIT .ONE-AN
UNRECORDED PLAT IN SEC 22-35-39 BLK 5 LOT 1 (0.52 AC) (OR 434-1948)
PARCEL ID:- 23 22 701 0039 000/9 1.04 ACRES
LEGAL DESCRIPTION: FT. PIERCE 'TROPICAL ESTATES-UNIT ONE-AN
UNRECORDED PLAT IN SEC 22-35-39 BLK 5 LOTS 2 & 7 (1.04 AC) (OR 428-'
1961)
PARCEL ID: 23 22 701 0044 000/7 .52 ACRES
LEGAL DESCRIPTION: FT. PIERCE TROPICAL ESTATES-UNIT ONE-AN
UNRECORDED PLAT IN SEC 22-35-39 BLK 5 LOT 8 (0.52 AC)-(OR 434-1948)
PARCEL ID: 23 22 701 0048 000/5 2.09 ACRES
LEGAL DESCRIPTION: FT. PIERCE TROPICAL ESTATES-UNIT ONE-AN
UNRECORDED PLAT IN SEC 22-35-39 BLK 6 LOTS 3~4,5 & 6 (2.09 ~C) (OR
434-1383)
PARCEL ID: 23 22 701 0054 000/0
LEGAL DESCRIPTION: FT. PIERCE TROPICAL ESTATES-UNIT ONE-AN
UNRECORDED PLAT IN SEC 22-35-39 BLK 7 LOTS 1 & 2 (OR 717-0956)
PARCEL ID: 23 22 701 0056 000/4 .54 ACRES
LEGAL DESCRIPTION: FT. PIERCE TROPICAL ESTATE'S-UNIT ONE-AN
UNRECORDED PLAT IN SEC 23_-.~739 BLK 7 LOT 3 (0.54 AC) (0a 428-1961)
PARCEL ID: 23 22 701 0062 000/9 8.24 ACRES
LEGAL DESCRIPTION: FT. PIERCE TROPICAL ESTATES-UNIT ONE-AN
UNRECORDED PLAT IN SEC 22-~5-39 E 30 FT-LESS S 42.5 FT- & N 40 FT
& W 30 FT-LESS S 42.5 FT- & N 50 FT OF S 242.5 FT-LESS E 30 FT &
LESS W 30 FT- & N 50 FT OF S 592.5 FT-LESS E 30 FT & LESS W 30 FT-
& N 50 FT OF S 942.5 FT-LESS Z 30 FT & LESS Wr30 FT- & W 50 FT OF
E 682 FT OF S 323.93 FT OF N 363.93 FT & W 50 FT OF E 682 FT OF S
300 FT OF N 713.93 FT & W 50 FT OF E 682 FT OF S 300 FT OF N 1063
FT
AGENDA REOUEST
ITEM NO.
DATE: March 22, 1994
REGULAR [ ]
PUBLIC HEARING [X]
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Community Development
SUBJECT:
Draft Resolution
Amendment.
94-010;
Charboneau
Comprehensive. Plan
BACKGROUND:
Ordinance -92-029 adopted on September .22, 1992 to change
Future Land Use on Charboneau property from AG-2.5-to RE-1.
DCA issued Statement of Intent to 'find amendment not in
compliance on November 22, 1992. Administrative hearing held
in April 1993. On November 23, 1993, Administration
Commission issued order that-amendment is not in, compliance,.
but chose not to adopt sanctions. The .County may implement
amendment through Resolution 94-010, per S163.3189(2),(b), FS.
FUNDS AVAILABLE:.
N/A
PREVIOUS ACTION:
RECOMMENDATION:
Adoption of Ordinance 92,029;.- participation in-
administrative hearing and hearing before Administration
Commission.
Consider resolution 94.-0'10 .whiCh will implement.the
Charboneau amendment .... :~
COMMISSION ACTION:
[ ] APPROVED [ ] DENIED
[ ] OTHER:
CONCURRENCE:'
Thomas R.L, Kindred
County Administrator
co ~ Coordination / Siqnatures
unt¥ Attorney :. As st. Co. Admin: Engineering Dir:
Mgt. & Budget: Prop. Acq~Dir: Grants Ccor:
Public Works Admin: Utilities Ser: Other:
Leisure Services: Purchasing Dir: Other:
Finance Director: Couun. Dev. Admin: Other:
Elf. 11/4/93
County Commission Review: March 22, 1994 ~_
Draft Resolution 94-010
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
To-'
From:
Date:
Subject:
County Commission
Terry Virta, Community Development Administrator
March 14, 1994
Charboneau Comprehensive Plan Amendment
On' March 22, you wl]l be asked to consider the implementation of the Charboneau
amendment. As you know, this amendment was adopted on September 22, 1992, .but was
subsequently found'to, be' "not in compliance" with Chapter 163, Florida Statutes, by the
Governor and Cabinet, sitting as the. Administration Commission.
In its Final Order on this matter, the Administration Commission upheld the state 'hearing
officer's findings of fact and conclusions of law that the amendment "is inconsistent with the
stated objectives and policies of the existing St. Lucie County Comprehensive Plan because
it allows conversion of-agricultUral property in an agricultural, area, outside the Urban
Service Area, at a density-that is considered an urban density." Further, "...the conversion
of the property to urban uses is not compaffble with adjacent land uses an.el_that the
conversion to urban uses does not maintain the viability.of continued agricultural usas 'on
adjacent lands and will not' discourage.the proliferation of urbafi' sprawl."
The Admiifistration Commission thus found that the amendment is. not in compliance with
the 1985 Local Government Comprehensive Planning and Land Development Act. A
significant footnote found in the Final Order states, "The 'not in compliance' determination
in this instance applies only to the Charboneau amendment and does not render the
Comprehensive Plan to be not in compliance."
While it found the amendment to be not in compliance, the Administration Commission
decided not to .adopt any sanctions or state any remedial actions to be taken by the County
in the event that this amendment is made effective. The Administration Commission's
Order states, however, "should the County proceed to make this amendment effective, we
strongly urge the County during its evaluation and review process to closely scrutinize its
future land use needs and growth patterns based on projected population and future growth
needs."
Charboneau Comprehensive Plan Amendment
March 14, 1994
Page Two
Staff agrees with the Administration Commission's recommendation that the County
reevaluate its future land use. needs and.growth patterns, and will make or propose the
appropriate revisions to the plan's data, analyses and Future Land Use Map as part of the
upcoming evaluation and appraisal process.
Subsection 163.3189(2)(b), FS, enacted at the 1993 legislative session, provides that a local
government may elect to make effective an adopted plan amendment which.has been found
to be not in compliance by the Administration Commission. This may be done by resolution.
Staff recommends the adoption of. Resolution 94-010;' which will implement Ordinance
92-029, the Comprehensive.Plan. amendment known as the Charboneau amendment.
If you have. any questions on this matter,-please contact .my office.
SUBMITTED:
.
Te~ L ~a - '
Comm~ Development Admire' 's~tor
1
CC:
County Administrator
Brian and Kathleen Charboneau
Messer, Vickers, Caparello, .French and Madsen
CONCURRENCE:,
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I~SOLUTION NO. 94 - 010
FILE NO: PA-93-001
A RESOLUTION IMPLEMENTING ORDINANCE 92-029, CHANGING THE FUTURE
LAND USE DESIGNATION FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY,
FLORIDA; AND AUTHORIZING AMENDMENT OF THE FUTURE LAND USE MAP
OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN;
WrEnS, the Board of County Commissioners of St. Lucie COunty, Florida, has
made the following determinations:
Brian L. and Kathleen E. Charboneau presented a petition for
a change in Future Land Use Classification from AG-2.5
(Agricultural - 1 du/2.5 ac) to RS (Residential Suburban) for the
property described in Exhibit A (attached);
On March 12, 1992, the St. Lucie County Local Planning.
Agency held a public hearing on the petition, after publishing
notice m least 15 days prior to the hearing and notifying by mail
the owners of property within 500 feet of the subject property,
and has recommended that the Board deny the hereinafter
described request for a change in Furore Land Use
Classification from AG-Z5 to RS;
On March 24, 1992, this Board held a public heating on the
petitiOn, after publishing notice at least 15'days prior to the
heating and notifying by mail the owners of property within 500
feet of the subject property, at which hearing the petitioners
amended their request for a change in Future Land Use
Classification from' AG-2.5 to 'RS m a request, for change in
Furore Land Use Classification from AG-2.5 to RE-1
(Residential Estate - 1 du/ac) for the property described in
Exhibit A;
On March 24, 1992, this Board, through Resolution 92-057,
authorized the transmittal of this petition, as amended, to the
Florida Department of Community Affairs for review in
accordance with the provisions of Chapter 163, Florida Statutes;
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10.
On September 22, 1992, this Board held a public hearing on the
petition, after publishing notice of such hearing in the Port St.
Lucie News on September 1, 1992, and notifying by mail all
owners of property within 500 feet of the subject property, at
which hearing this Board specifically adopted the petition,
authorized the St Lucie County Community Development
Administrator to change the Future Land Use Map of the St.
Lucie County Comprehensive Plan, 'and established an effective
date based upon the Administration Commission issuing a final
order finding the adopted amendment in compliance, in
accordance with Section 163.3184(10);
On November 22, 1992, the Florida Department of Community
Affairs issued a Statement of 'Intent to find the adopted
amendment not in compliance with the meaning of
§163.3184(1)(b), Florida Statutes;
On April 15 and 16, 1993, a formal hearing was held in this case
before a hearing officer of the Divisi°n of Administrative.
Hearings in. Tallahassee;
On August 4, 1993, the aforementioned hearing officer issued
to the Administration Commission a Recommended Order that
the Administration Commission find the amendment not in
compliance with the meaning-of §163.3184(1)(b), Florida
Statutes; and
On November 23, 199.3, the Adminis~ation Commission entered
an order which found the amendment not in compliance with
the meaning of §163.3184(1)(b), Florida Statutes; however, the
Administration Commission chose to "allow the county to apply
its discretion as to the need for this amendment," and
"decline(d) to adopt any sanctions or state any remedial actions
to be taken by the county in the event that this amendment is
made effective."
Notwithstanding the Administration Commission's findings, this.
Board continues to believe that'this amendment is consistent-
with the St. Lucie County Comprehensive Plan and. Chapter
163, Florida Statutes.
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§163.3189(2)(b), Florida Statmes, provides for the
implementation, by resolution, of an adopted plan amendment
which has been found not in compliance by the Administration
Commission.
NOW, TItEREltORF-~ BE IT RESOLVED by the Board of County Commissioners of
the St. Lucie County, Florida:
Pursuant to §163.3189(2)(b), Florida Statutes, Ordinance 92-029, which
adopted the comprehensive plan amendment known as.the Charboneau
Amendment, is hereby implemented.
The property to which this Resolution pertains is described as follows:.
SEE ATrACItEI~ EXitlBIT "A"
A copy 'of.this Resolution shall be placed on file with the St.- Lucie' County
Community Development Administrator.
After motion and second, the vote on this .resolution was as follows:
Chairman Havert Fenn xxx
Vice-Chairman Denny Green xxx
Commissioner Cliff Barnes xxx
Commissioner R. Dale Trefelner xxx
Commissioner Judy Culpepper xxx
PASSED AND DULY ADOPTED this xxth day of xxxxxxx, 1994.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
2
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5
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9
ATTEST:
Deputy Clerk
APPROVED AS TO FORM AND
CORRECrNESS:
County Attorney
NOTI OF CHANGE: IN LANr USE
The St_ Lucie County B-~ard of County Commissioners propose~s~to change the use of
land within the area shown in the map in this advertisement_
A public hearing on this proposal will:' be held before the St. Lucie County Board of
COunty Commissioners on Tuesday, March 22, 1994, at 9:00 A.M., in the County Com-
mission Chambers, St. Lucie County Administration Building - Annex, 2300' Virginia
Avenue, Ft. Pierce, Florida. The purpose of 'this'meeting is to consider making.this
amendment effective in light of the determination by the Florida Administration Corn-
mission that it !s.not in compliance with Chapter 163, Florida Statutes.
Copies of the proposed amendment to the St. Lucie County Comprehensive Plan are
available for inspection'in the Office of Community Development, 2300 Virginia Avenue.
Ft. Pierce, Florida, during normal business hours.
All proceedings before the Board of County Commissioners are electronically re-
corded, if a person decides to appeal any decision made with.respect to any matter
considered at the hearing, he will need a record of the proceedings and that for such
purpose, he may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon 'which the appeal is to be
based. At the request of any party to the proceedings, individuals testifying during the
hearing will be sworn in. Any party to the proceeding 'will be granted an opportunity to
· cross examine any individual testifying during the hearing upon request.
ST. LUCIE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
/S/HAVERT FENN, CHAIRMAN
Brian L. and Kathleen E. Charboneau (Shown as "A" on map)
PA-92-002
From AG-2.5 (Agriculture, I dui2.5 ac) to RE-1 (Residential Estate, I du/ac) for property
located on the west side of Gentile Road 1/~. mite north of Okeechobee Road ~,SR 70).
Publish Date: MARCH 15, 1994
03/t6/1994 15:24 FROM THE TRIBUNE TO 4681755 P.02
To:
Terry L. Virta, AICP
St. Lucie County Board of Commissioner
2300 Virginia Ave.
Fort Pierce, FL 34982
According to your records The Tribune recieved a fax
March 10, 1994 at 3:20 p.m. placing a Notice of Change of
Land Use for March 15, 1994.
The Dotice pre~ously ran March 3, 1994 after recieving.
aa fax per that indi¥idua%-.'insertion date._. Therefore we did
not know to repeat the ad. ~'
The Tribune regrets the.error of omission of March 15.
The Tribune has no record of recie¥ing the sepmrate inser--
tion order for that date. -'
Again, The Tribune and I ~pol9~i~. for this error of
omission.
If we can resume the notice please let me know.
Sincerely~
Art Segers,
Lon Matejczyk
Assistant Advertising Director
(~OMMUN fl'Y DEVELOPMENI- SI [UCIE CO.,
600 Edwards Rd., P.O. Box 69
Fort Pierce, FL 34954 · (~07) 46~-2050
1932 $.E. Port St. tuc{e Blvd., P;O. Box 7099
Port St. Lucie, FL 34955 · (40~ 335-7070
ur ;rlAFI P. IN LANU
The St.~Lucie County Board ~-0f County Com-
missioners proposes to change the use of
land within the area shown in the map in
this adveKisement.
A public hearing on this proposal will be
held before the St, Lucie County Board of
County Commissioners on Tuesday, March
22, 1994, at 9:00 A.M., in the County Com-
missioners Chambers, St. Lucie County Ad-
ministration. Building Annex, 2300 Virginia
Avenue, Ft. Pierce, Florida. The purpose of
this meeting is to consider making this
amendment effective in light of the determi-
nation by the Florida Administration Com-
mission that it is not in compliance with
Chapter 163, Florida Statutes.
Copies of the proposed amendments'to the
St. Lucie County Comprehensive Plan are
~available for inspection in the Office of Com-
munity Development, 2300 Virginia Avenue,
Ft. Pierce, Florida, during normal business
hours.
All proceedings before the Board of C0~ty
Commissioners are electronically recorded~
if a person decides to appeal any decision
made with respect to any matter considered
at the hearing, he will need a record of the
proceedings and that for such purpose, he
may need to ensure that a verbatim record
of the proceedings is made, which record
includes the testimony and evidence upon
which the appeal is to be based. At the re-
quest of any party to the proceedings, indi-
viduals testifying
sworn in. Any
be granted an
any individual
upon reouest.
during the hearing will be
party to the proceeding ~ilI
opportunity to cross exarnine
testifying during the hearing
~T. LUCIE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
/S/HAVERT FENN, CHAIRMAN
Brian L. and Kathleen E. Charboneau (Shown
as 'A' on map)
PA-92-002
From AG-2.5(Agriculture, 1 du/2.5 ac) to RE-1
(Residential Estate, 1 du/ac) for property lo-
cated on the west side of Gentile Road 1/4
mile north of Okeechobeo Road {SR 70}.
Rece i ,,'er'
Transmitter
Da±.e
T~me
Mode
Pages
~'. e s u. 1 ~c
Tca~]$~Jt Con~'iFmaf. ion ReF'~rt·
010
95950106
SLC/COMH DBVELOPMENT
I',la r' 10,94 15:20
02 '04
Norm
OK
BOARD OF COUNTY COMMUNITY
COMMISSIONCRS DEVELOPMENT
ADMINI$11~TOR
TEI~Y L VIRTA, AICP
F A X # (407) 468-1735
DATE:
TO:
TRANSMISSION
COVER FORM
FAX #
ATTN'.
NO. OF PAGES ~NT (,INCL. COVER) :
HAVERT L FENN D,srricr No 1 · JUDY CULPEPPER. District No. 2 · DENNY GREEN 2,sma No. 3 e R. DALE TREFELNER. D strict No. 4 · CLIFF BARNES. District No..5
A dm~nistroror
2300 Virginio Avenue e Fo-- Pierce, FL 34982-5652
(407) 468-1590 · Growth ManagemeA:: (407) 468-1553 · Planning: (407) 468-1576
Codes Compliance: :/~07) 468-1571
NOT~CE OF CHANGE INLAND USE
The St. Lucie County Board of County Commissioners proposes to
change the use of land within the area shown in the map in this
advertisement.
A public hearing on this proposal will be held before the St. Lucie
County Board of County Commissioners on Tuesday, March 22, 1994, at
9:00 A.M., in the County Commission Chambers, St. Lucie County
Administration Building - Annex, 2300 Virginia Avenue, Ft. Pierce,
Florida. The purpose of this meeting is to consider making this
admendment effective, in light of the determination by the Florida
Administration Commission that it is not in compliance with Chapter
163, Florida Statutes.
Copies of the proposed amendments to the St. Lucie County
Comprehensive Plan are available for inspection in the Office of
Community Development, 2300 Virginia Avenue, Ft. Pierce, Florida,
during normal business hours.
Ail proceedings before the Board of County Commissioners are
electronically recorded. If a person decides to appeal any
decision made with respect to any matter considered at the hearing,
he will need a record of the proceedings and that for such purpose,
he may need t~ ensure that a verbatim record of the proceedings is
made, which recordincludes the testimony and evidence upon which
the appeal is to be based. At the request of any party to the
proceedings, individuals testifying during the hearing will be
sworn in. Any party to the proceeding will be granted an
opportunity to cross examine any individual testifying during the
hearing upon request.
ST. LUCIE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
/S/ HAVERT FENN, CHAIRMAN
(INSERT MAP BENEATH THE TEXT)
(THE INFORMATION BELOW GOES UNDERNEATH THE MAP)
Brian L. and Ka%hleen E. Charboneau (Shown as "A" on map)
PA-92-002
From AG-2.5 (Agriculture, 1 du/2.5 ac) to RE-1 (Residential Estate,
1 du/ac) for property located on the west side of Gentile Road 1/4
mile north of Okeechobee Road (SR 70).
Publish Da%e: MARCH 15, 1994
18 point type for heading
1/2 page block ad with map
4
Receiver
]Pa~S~lt%SP
~ste
Mose
Pages
~esult
Tcansmi±, C'onf~r'mat'~oq
009
93357105
SLC/COMM DEVELOPMENT
Ma.~- t0, ;i4 15:18
02 ' 04
0 3
BOARD OF COUNTY COMMUNITY
COMMI S S I ON£RS DEVELOPMENT
ADMINIST~TOR
TERRY L VIRTA~ AICP
F A X # (407) 468-1735
DATE:
TO:
TRANSMISSION COVER FORM
FAX #
ATTN:
NO. OF PAGES SENT (INCL. COVER)
SENDER: ' DO [' l~ ~ ~A~
HAVERT L. FENN Dismc? r~o ~ · JUDY CULPEPPER. District No 2 · DENNY GREE'~ L-sm~ NO. ,3 · R. DALE TREFELNER, District No. 4 · CLIFF BARNES. Disr[icr No. 5
2300 Virginia Avenue · Fo-- P~erce, FL 34982-5652
Administrator: (407) 468-1590 · Growth Manageme-;: (407) 468-1553 · Planning: (407) 468-1576
Codes Compliance: tz. 07) 468-1571
NOT~'~E OF CH~.~GE IN LAND USE
The St. Lucie County Board of County Commissioners proposes to
change the use of land within the area shown in the map in this
advertisement.
A public hearing on this proposal will be held before the St. Lucie
County Board of County Commissioners on Tuesday, March 22, 1994, at
9:00 A.M., in the County Commission Chambers, St. Lucie County
Administration Building -Annex, 2300 Virginia Avenue, Ft. Pierce,
Florida. The purpose of this meeting is to consider making this
admendment effective in light of the determination by the Florida
Administration Commission that it is not in compliance with Chapter
163, Florida Statutes.
Copies of the proposed amendments to the St. Lucie County
Comprehensive Plan are available for inspection in the Office of
Community Development, 2300 Virginia Avenue, Ft. Pierce, Florida,
during normal business hours.
Ail proceedings before the Board of. County Commissioners are
electronically recorded. If a person decides to appeal any
decision made with respect to any matter considered at the hearing,
he will need a record of the proceedings and that for such purpose,
he may need t~ ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is to be based. At the request of any party to the
proceedings, individuals testifying during the hearing will be
sworn in. Any party to the proceeding will be granted an
opportunity to cross examine any individual testifying during the
hearing upon request.
ST. LUCIE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
/S/ HAVERT FENN, C~AIRMAN
(INSERT MAP BENEATH THE TEXT)
(THE INFORMATION BELOW GOES UNDERNEATH THE MAP)
Brian L. and Kathleen E. Charboneau (Shown as "A" on map)
PA-92-002
From AG-2.5 (Agriculture, i du/2.5 ac) to RE-1 (Residential Estate,
1 du/ac) for property located on the west side of Gentile Road 1/4
mile north of Okeechobee Road (SR 70).
Publish Date: MARCH 15, 1994
18 point type for heading
1/2 page block ad with map
AGENDA REOUEST
ITEM NO.
C-
DATE: February 22, 1994
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Community Development
CommuniSt Dev. Ad.min.
/
!
SUBJECT:
Permission to Advertise a Public Hearing for March 22,. 1994.
BACKGROUND:
This public hearing would be in consideration of making the
Charboneau Comprehensive Plan amendment effective.
Ordinance 92-029 adopted on September 22, 1992 to change
Future Land Use on Charboneau property from AG-2.5 to RE-1.
DCA Statement of Intent to find amendment not in compliance
issued on November 22, 1992. Administrative hearing held in
April 1993. On November 23, 1993, Administration Commission
issued order that amendment is not in compliance, but chose
not-to adopt sanctions. The County may implement amendment
through Resolution 94-010, per-S163.3189(2)(b),-FS.
FUNDS .AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
N/A
Adoption of
administrative
hearing.
Authorize public hearing.
Ordinance 92-029; participation in
hearing and Administration Commission
COMMISSION ACTION:
[ JAPPROm~D [
[ ] OTHER:
] DENIED
CONCURRENCE:
Thomas R.L. Kindred
County Administrator
County Attorne¥:
Mgr. & Budget:
Public Works Admin:
Leisure Services:
Finance Director:
Coordination/Siqnature s
As s t. Co. Admin:
Prop. Acq. Dir:
Utilities Set:
Purchasing Dir:
~g~eer~g
Gr~tsCoor:
Other:
0 Eff.
11/4/93
Transm~¢¢er
Da±.e
Time
Mode
Pa§es
Result.
Transmit Confirmation
006
407 335 7103
SLC/CO~'dI',I: ~SEk ELOPMENT
Mar' 01,94 12:09
02'15
N 0 r
OK
BOARD OF COUNTY
COMMISSION£RS
F A
COMMUNITY
DEVELOPMENT
ADMINISTRATOR
TERRY L VIRTA, AICP
X # (407) 468-1735
DATE:
TO:
TRANSMISSION COVER FORM
FAX#
ATTN:
PHONE:
HAVERT L. FENN. District No. 1 · JUDY CULPEPPER. District Ne 2" DENNY GREEN. D srr ct No. ,3 · R. DALE TREFELNER, District No 4 · CLIFF BARNES. Distric; No_ 5
2300 Virgin,3 Avenue · For~ Pierce FL 34982-5652
Administrator: (407) 468-1590 · Grc.-..'rn ;¢,anogemenr: (407) 468-1553 · Planning: (407) 468-1576
Codes C0mDliance: (407) 468-1571
NOTICE OF C~GE IN L~ID USE
The St. Lucie County Board of County Commissioners proposes to
change the use of land within the area shown in the map in this
advertisement.
A public hearing on this proposal will be held before the St. Lucie
County Board of County Commissioners on Tuesday, March 22, 1994, at
9:00 A.M., in the County Commission Chambers, St. Lucie County
Administration Building - Annex, 2300 Virginia Avenue, Ft. Pierce,
Florida. The purpose of this meeting is to consider making this
admendment effective in light of the determination by the Florida
AdminiStration Commission that it is not in compliance with Chapter
163, Florida Statutes.
Copies of the proposed amendments to the St. Lucie County
Comprehensive Plan are available for inspection in the Office of
Community Development, 2300 Virginia Avenue, Ft. Pierce, Florida,
during normal business hours.
Ail proceedings before the Board of County Commissioners are
electronically recorded. If a person decides to appeal any
decision made with respect to any matter considered at the hearing,
he will need a record of the proceedings and that for such purpose,
he may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is to be based. At the request of any party to the
proceedings, individuals testifying during the hearing will be
sworn in. Any party to the proceeding will be granted an
opportunity to cross examine any individual testifying during the
hearing upon request.
ST. LUCIE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
/S/ HAVERT FENN, CHAIRMAN
(INSERT MAP BENEATH THE TEXT)
(THE INFORMATION BELOW GOES UNDERNEATH THE MAP)
Brian L. and Kathleen E. Charboneau (Shown as "A" on map)
PA-92-002
From AG-2.5 (Agriculture, i du/2.5 ac) to RE-1 (Residential Estate,
I du/ac) for property located on the west side of Gentile Road 1/4
mile north of Okeechobee Road (SR 70).
Publish Date: MARCH 2, 1994
18 point type for heading
1/2 page block ad with map
Transmit Confirmat. ion R art
No.
Receivep
Transmitter
Date
Time
Hode
Pages
Resu. lt
007
, ;4Q'~ ~q~ n106
SL C.,'"COI~IH DEC~ELOPMENT
Mar 01,94 12:11
02'10
Norm
05
BOARD DP COUNTY
COMMISSION(ERS
COMMUNITY
DEVELOPMENT
ADMINISTRATOR
F A X # (407) 468-1735
I'ERRY L. VIRTA, AICP
DATE:
TO:
TRANSMISSION COVER FORM
FAX#
ATTN:
NO. OF PAGES S~T (INCL.
HAVE,RI' t. FENN. District No 1 · JUDY CULPEPPER. District NO 2" D~_'NNY GREEN_ District No. 3 · R. DALE TFLEFELNER. District No_ 4 · CLIFF BARNES. District No. 5
2,300 Virgin.~ -~,venue · Fort Pierce. FL ,-~4982-5652
Administrator: (407) 468-15'90 · Gro~.'rn Management: (407) 468-1553 · Planning: (407) 468-1576
Code_=
u~moJionce: (407) 468-1571
NOTICE OF CHANGE INLAND USE
The St. Lucie County Board of County Commissioners proposes to
change the use of land within the area shown in the map in this
advertisement.
A public hearing on this proposal will be held before the St. Lucie
County Board of County Commissioners on Tuesday, March 22, 1994, at
9:00 A.M., in the County Commission Chambers, St. Lucie County
Administration Building - Annex, 2300 Virginia Avenue, Ft. Pierce,
FlOrida. The purpose of this meeting is to consider making this
admendment effective in light of the determination by the Florida
Administration Commission that it is not in compliance with Chapter
163, Florida Statutes.
Copies of the proposed amendments to the St. Lucie County
COmprehensive Plan are available for inspection in the Office of
Community Development, 2300 Virginia Avenue, Ft. Pierce, Florida,
during normal business hours.
Ail proceedings before the Board of County Commissioners are
electronically recorded. If a person decides to appeal any
decision made with respect to any matter considered at the hearing,
he will need a record of the proceedings and that for such purpose,
he may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is to be based. At the request of any party to the
proceedings, individuals testifying during the hearing will be
sworn in. Any party to the proceeding will be granted an
opportunity to crossexamine' any individual testifying during the
hearing upon request.
ST. LUCIE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
/S/ HAVERT FENN, CHAIRMAN
(INSERT MAP BENEATH THE TEXT)
(THE INFORMATION BELOW GOES UNDERNEATH THE MAP)
Brian L. and Kathleen E. Charhoneau (Shown as "A" on ma~)
PA-92-002
From AG-2.5 (Agriculture, 1 du/2.5 ac) to RE-1 (Residential Estate,
1 du/ac) for property located on the west side of Gentile Road 1/4
mile north of Okeechobee Road (SR 70).
Publish Date: MARCH 2, 1994
18 point type for heading
1/2 page block ad with map
FLORIDA DEPARTMENT OF EDUCATION
Betty Castor
Commissioner of Education
December 30, 1993
Mr. Havert L. Ferm, Chairman
St. Lucie County Board of
County Commissioners
2300 Virginia Avenue
Fort Pierce, FL 34982-5652
COMMUNITY DEVELOPMENT
ST. LUCIE CO., FL -~-
Dear Mr. Fenn:
Thank you for your .recent letter voicing your concerns about the recent Cabinet
vote on the Charboneau amendment to the St. Lucie County Land Use Plan. I
understand that this issue is of great importance to you and I appreciate your
taking time to explain your views.
On November 23, 1993, the Governor and Cabinet voted in accordance with an
amended staff recommendation wherein the Charboneau amendment itself was
found not to be in compliance with the St. Lucie Comprehensive Land Use Plan,
but which recommended that should the County go ahead with ratification of the
amendment, no penalties would be levied against St. Lucie County.
Thank you again for your informative letter. As I work to determine the merits of
various proposals that come before the Governor and Cabinet, letters such as
yours are especially helpful. Please contact me again if I may be of further
assistance.
Sincere_ly,
Commissioner
BC/wks
The Capitol · Tallahassee, Florida 32399 · (904) 487-1785
Affirmative action/equal opportunity employer
~ '~o, Tal!aha~
January 6, !99
VIA.TE~EFAX AND U.S. MAIL
Daniel S. McIntyre
County Attorney
2300 Virginia'Avenue
Fort Pierce, FL 34982-5652
RE: Department of Community Affai
Dear Dent
We received the attached from Sec
Our copy of the letter :o commissioner Penn has
signature, buu is not on D.C.A. letterh~ad.
Did the County ever receive the lei;re=?
Sincerely
H, Michae
HMM/ph
Enclosure
lsee
~S v, St. Lucie CoJnty
:etary Shelley last week.
an 9riginal
Madmen
~£V~LOPMENI'
co. FL.
DEPARTMENT
2740 CENTERVIEW DRIVE
LAWTON CHILES
Governor
STATE OF FLO
OF COMM
· TALLAHAS
December 27,
Mr. H- Michael Madsen
Mess,r, Vickera, et
215 S. Monroe Street, Suite 701
Post!office Box 1876
Tallahassee, FL 32302-1876
Dear '.Mike:
iLast week, Steve Lewis mentioned
reca%ved your copy of the letter we ta
RIDA
UNITY AFFAIR
EE, FLORIDA 323
LINDA L
1993
:O me that you had not
Lked about regardi~lg St.
9-2100
SHELLEY
~mcretary
fully not compound it, I am
al draft (minus what Were,
no doubt, some brilliant edits which now escape me) andsending
it on to you. If the p~evious letter ~as not sent, ~hi~should
suffice. If it was, I hope they match in pertinen~ part~ Either
way, thanks for bringing the oversight to our attention.~
LLS/loh
EMERGENCY MANAGEM]:.NIT * HOUSING AND COMMUNITY DEVELOP/~
v~yours,
Linde .Loomis Shelley
Secretarf
.;NT · RiE,T, OURCE PLANNING AND
ANAGEMENT
TO correct this problem, and h.o?$
re-creating the letter from the or~g~n
Lucie County and asked me to forwar~ it.. We have now lo,;ked high
and ~ow for a copy of.the letter, and ~ind that %t is in the ~
prov~rbia% "black hole" of filing. No~with~t~gding, thejol~ar
recollection of my secretary and mysel$ thg= ~= was prepgre~,
revided, corrected and signed, we cannot fmnd a copy of it. So,
if indeed i= was ever sent, we cannot ~ive.you a copy.
November 24, 1993
Honorable Hayer= "Coach" Fenn~ Chairma]
Board cf County Commissioners
for st. Lucia County
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Re: Department of Co~un~=~ Alfa:
'
i ACC Case.No. 93-0631DOAH Ca · No. 92-7438GM
Dear ~Chairman Fenn. ~
f This will confirm the position of~the Department of
Communi=y Affairs with respect to the above-referenced ca
As you are aware, the Administration commission, on Novmm
1993, entered a Final Order determining that ~he comprehe
plan amen&men= adopted by SC. Lucia County was
compliance." In doing so, however, th& A~minetrat%on Co~
declined to adopt any sanctions or s=a~e any remedial act
bm taken by the County i~ the County ~ooses =o make
~he issue of sanctions has thus been finally determi
Should the County elect to make the plan amendment effect
Department of Communi~y Affairs will not oppose such
take .any-other action contrary to th. final
. ~ trust that this clarifies the p~si=ion of the Depa
in =his matter. Please ~eel £ree to contact me should yo
further information in this regard.
zission
ion to
subject
ned.
ire, ~he
s~einda Lo~is Scretar~. halley
LLS:d~f "
~a~e 2
H. Michael Madaen~ Esquire
Danial McIntyre, EsqUire
Gregory C. Smith, Esquire
TO:
FI~OM:
SUBJECT:
DATE:
Dan McIntyre
CONFIDENTIAL
~EMORANDUM
Mike Madsen ~
Comprehensive Plan Amendment
December 23, 1993
Today is the due date for any appeal we would take from the
DCA final order.
Based on our last conversation, it is my understanding that
the County does not wish to appeal. I checked with Steve Metz to
be sure that the he wou~d not wish to have an appeal pending during
the legislative session to. assist in whatever legislative efforts
we maFwiSh to make. Steve indicated that, if anything, a pending
appeal may be detrimental, since legislators would tend to defer
action on the issue until the court dealt with it.
Accordingly, we have filed no appeal.
iCOOLIDGE RD
URBAN SERV CE AREA BOUNDARY
IIm I II
I
GENTILE ROA
F. F.A. ROAD