Loading...
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 6 7 8 9 t0 11 t2 13 t4 15 16 17 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 t8 19 20 21 22 23 24 25 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 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 '24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 41 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: 4 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; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 .32 33 34 35 36 37 38 39 40 41 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 11. §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 I 2 3 4 5 6 7 8 9 ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney 4 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:, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 .32 33' 34 35 36 37 38 39 40 41 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. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 11. §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 3 4 5 6 7 8 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