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Home My WebLink AboutConcannon, Muriel2-300 VIRGINIA AVENUE W. R. McCAIN, District September 27 · E. E_ GREEN, District No. 2 . , 1979 JOHN B. PARK, District No. 3 . EDWARD G. ENN$, Dislrict Na. 4 ' - 33450 GEORGE D. PR/cE, Distric! No. 5 Muriet V. Concannon c/o Spencer B. Gilbert PO Box 3388 Ft. Pierce, FL 3345'0 ge'ar HrS. Concanno~: This is to con'imm that on Tuesday, September il, the Board of County CommissSoners~ granted your petition fo rezoning of certain lands. Enclosed is a Copy of Resolution No 79-82 adopted the Board. ' Very truly yours, BOARD OF COUNTY COMMISS ST. LUCIE COUNTY, FLO enel. E. E. Green, Chairman Lu c i~ to b~ St. Lucie County, Florida, t°l-wit. f °rn~enci~~ . north 4o_°, Townshi'~~ corner o= Se z4'50,. , P 34 So---- z ~ Ction ~ . west =~i u~, R=~ ~ent 67 27 _~nce ru~ zun Sout~ i = feet ~_ ~ne of ~'_ ' feet: +~ ~ north ~n~ /2°50,~_~ur a ~ 119 f~ ~ =~ence ~ ~l'~n,, u~,, we~ ~nt of distance=et; then~_~un north ~ West ~ ~ 345.08 a d~j~ce of ~~; t~e~_TM ~9°18'n~,~est a ~st a ~= ~r 291 =~ ' ~hence " ~orth ~=o- ~= a dis~-- ~= of 48 ~; then~ "~r~h 64o~i~ west eas~ U~nce ~ - ~n f~ ~= run _ . = a dis~ ur 459 ok =~; th- ~orth ~ east west a d~ance of ~ f o~ feet; ~3ncc run West _ ~°uance ~ ~- /5 f~ thence We~ ~ cista~_ ur 218.6~~ ~et; the~- . run Sou+~ ~42'00" ~?f ~ ~i~3~~ O~ ~.~! feet; th3ce run so,~3 eaJ~ a dista'i'~e of 41 O~m[feet; t~ncc run S~~n 3BUOm,lJ,, /~ a di~ ~ce of n~ ' o feet. ~. ~=~nce r,,~ uuth 17o~. u West a =-°Cance o~ ~-05 ~e:~' thence ._ ~ north east = ~stance ~ zO0-O ~3.=; thenc~ ~un sout~ · o. 03 a- ~ce o~ _ ~et~ __ -'~ce r-- s~Ln ~2°` - ores) ~ 27.76 =~ ~hence ~, un south ~1~.'13. =zze ~o ' ~'~ lnt of Be~- the sa~e is hereby changed from -- RESOLVED that the Zoning Director of St. authorized an directed to Cause the changes Official Zoning Map of St. Lucie County as set County is hereby made on the A LI I9 20 21 LISE. LI5A 45B 23 ~ MURIEL V, CONCANNON, by Spencer B, Gilbert, Attorney,-PO 3388, Ft, Pierce, FL 33t150 Harold Dover. .2507.; N.?'i-nd:ia~' ' -" River. Dr, ,,:,., Fti" Pi'erce, FL ~illiom Jones, 2505 N. Indian River Dr., Ft. Pierce, FL OrvilIe Bi~hom, 2261 S~ Riverside Brown ~ohnson~ 'PO Box 378~ Ft. Pi erce~ Centrol Truck kines~ I~c.~ PO ~ox 18q~. Frederick Sexouer, Box 200~ ~. Federol H~g.~ Ft. Pierce~ kone Stor o~ Florido~ Inc.~ One ~reen~ich Plozo~ ~. R. ~roce ~ Co.~ PO Box 1210~ Ft. Pierce~ FI ~5q50 061 Florida East Coast Railroad, ] Malagna St., St. ~A C CN ?ANNO R-lC GREEN M-3 BLUE A-i ORANGE B-2 RED ~ M-1 BROWN ~ ~ 28 27 INDIAN Town ~[VEF PETITION OF MU FOR REZONING FROM CONCANNON TO B-4 ~A -f W. J. SCHOEPFER Registered Land Surveyor 1671 THUMB POINT DRIVE · F,ORT PIERCE. F'LA. 33450 464-5473 4~s-gs~a Commencing at the S/E .corner of Government Lot 4, Section 33, Twn 34S, Range 4CE, run Morth 4o24,50,, West along East Section line o£ Section 33 a distance of 732.9 ft. For m Point of Beginning/ ~hence run South ?2050,00" West 345.08 ft./ thence run North 24047,49, West a distance of 67.27 Ft. thence run Morth 2802[7,25,, West a distance of ?79 ft.; thence mun Morth 790?8,00, West a d/stance of 725 ft./ thence run Morth 250?8,00, West a distance of 84 ft.; thence run ~orth 64o42,00, East a distance of 297.63 ft./ thence run Morth 6~o~2,00. East a distance of 459.82 ft.; thence run South 4058,,20, East a distance of 13.75 ft.; thence run South 33o0~,?0. West m distance of 218.67 ft.; thence run Momth 78o07i,75. West m d/stance of 4?.03 ft.; thence run South 4o24,~0,, East a distance of 99.05 Ft.; thence run South ?2070,73,, East a distance of 200.0 ft.; thence run South 85076,70, Vest a distance of 29 ft.; thence run South 4024,50, East a distance of 27.76 ft. the Point of Beginning. (5.03 Acres) to BOARD OF COUNTY COMMISSIONERS AUGIJST 2lj ]979 _ZONING~ - PUBLIC ~HEARING'. __ CONTINUED Petit_ion o_f Muriel V. ~Concannon, by her agent Spence Gilber__~ Att_~,. change in zoning from M-3 (manufact~% ~ ~~r ty located just east of Naco Road, behind the Lone Star Cement Plan for --= .... -~ ~general business) for Purpose of operating a Marina. Petition continued from July 24th to §ire time for executed agreemen~ tween Lone Star and FEC to have official approval from FEC main office ahd a survey to be completed for the 5 acres to be rezoned. Atty. Charles Dorfman was present on behalf of Atty. Gilbert and Mrs~ cannon and stated that because the survey has not yet been completed and cause of a recent death in the Concannon family, petitioner is requesting continuance until Sept. 11', 1979 (3 weeks). MOved by Com. McCain seconded by Com. Enns and upon roll call unanimously, to approve the request and continue public hearing on Sept 1979 · car~l BOARD OF COUNTY COMMISSIONERS JULY 24, ]979 u ZONING - PUBLIC HEARING CONTINUED Petition of. Mu~'iel V. Concann her change in zoning' from M-3 (manufacturing) to B-4 (general business)r Gilb ty located just east of Naeo Road~ behind the Lone Star-Cement Plant purpose of operating a Marina. Petition was first heard on June 5th, contin~e~ until- July._10th until today to allow petitioner to prepare an amended legal description property to be rezoned as well as execute-agreement with Lone Star.and with ~regards to railroad crossing signals. Moved by Com Park seconded by Com.-McCain and~ upon roll callr cart unanimously, to remove petition from the table. Atty. Spencer Gilbert was present and stated that the contract with and Lone Star has~been executed, but..has been sent to the PEC main off5 Final approval. Also, petitioners, surveyor has been 'unable to-complete ;urvey for the 5 acres to be rezoned. Therefore, they are requestino :ime- for. all of this to be done. Com. Green suggested a 30 ~day delay, filbert-stated that would be fine. Mr. John W. Jones, resident on the_~north side of the ~roperty in vised that he Still-Objects to the rezoning as do the Sexauers. They. ike the commercial marina operation-to remain 'as there are few areas str~ ~r commercial boats. He questioned whether adjacent property owners' ions have any bearing on the' ~ecis~on. Com. Green stated that all opin ~ken into consideration by the Board. Moved by Com. McCain, seconded by Com. Enns and, upon roll call, cart --__'anim°uslY'rst on the agenda, to continue the public hearing on August 21, 1979. Item to BOARD OF COUNTY COMMISSIONERS JULY i0, 1979 ZONING - PUBLIC HEARING CONTINUED ~ Petition of Muriel V. Concannon, by her Agent Spencer Gilbert, for a chang~ in zoning from M-3 (manufacturing~ to B-4 (general businesses.for P~operty~ loca~ ted just east of Naco Road, behind the Lone Star Cement Plan, for the purpose of operating a Marina. Petition was heard at the Commission meeting of June 5th and continued un- til today so petitioner could negotiate an easement with Lone Star Cement Plant. Atty. Spencer Gilbert was present representing the petitioner and displaye~ an aerial photo of the property in question. He stated that they have success= fully solved the problem of a railroad crossing and have a maintenance agreeme~l with the FECRR for a railroad cro~s£ng signal which the FEC wil4 construct. Th~ ~11 be executed within ti ' · - ]e next day or so. As to surrounding property owners, concerns of the entire area being rezoned t~ B~4, the petitioner will amend the ~gal description so that only the property in proximity to and surrou~.d%~g the h~rbor will be requested for rezoning. The B-4 zoning is needed so that all o]~erations formerly on the premises can be continued wi'th services supplied not [}nly to the commercial activities of the fish house and marina, but to' the gen- eral public as well. ' Atty. Adams advised that the present Zoning Resolution does not°'allow f.or rezoning of less than 5 acres without road frontage. He added that there is presently an amendment being considered which would reduce this requirement, but ~t will be ~pprx. 2 months before any final action is taken, and there is no guarantee it will pass. Mr. Gilbert indicated that they could provide a 'legal description for the required 5 acres. Mr. John W. Jones was present and stated that he 6bjects to the petition ibec ause there has 'always been good relations between all of the industries in ithe area and no changes are wanted. Mr. Charles Jones ~ father, stated that neither his father representing his ~or the Sexauers' had received notices of the rezoning hearing. Atty. Adams ~dvised that there is proof these notices were sent. Also, if these people were ~resent at the meeting (Minutes of 6/5/79 indicate they were) and allowed to be ~eard, this constitutes -a waiver of non-notice. Com. Enns suggested action be delayed for 2 weeks to give time for an amen- ed legal description to be Submitted and ~the contracts executed relative to he railroad crossing signal. After some further discussion, it was moved-by Com, Park, seconded by Com. ~eksriCe and, (July~p°n24, 1979). roll call, unanimously carried, to table the petition for two BOARD OF COUNTY COMMISSIONERS JUNE $, 197~ Petition of Muriet ,~ ~- - - cha 4 .... ~.. -_ ..... ± ~ ~oncannon, b ~ just east of Naco Road, behind ~ u~era± Duamnessl for property located :the Lone Star Cement Plant~ for the u ose Marina. ?he Planning & Zoning ' Commission ..... ~= _ p rp . of operatin . rr u~ ~ne pe~zr~on. Atty. Spencer Gilbert was present representing petitioner and stated that they only 'wanted to continue as a~-Marina 'and rent ~boat. -slips like the ~former-~owners but that to be able.to obtain permits .they had to rezone to B-4. ~L John Jones who lives on north side said he was'concerned with possibility of someone constructing town houses in area bht when told thLs could not. happend in B-4 he said he had no other objection. However F~s. Sexauer who lives south of the property was convinced that the zoning could be changed to permit residences and didn't think this was in the best interes~ of the area. more ~F~__.~Sam I~.yl~, manager for Lone Star Cement. o . · d~ve±opmen~ wmth moreintensive ...... ' pposed the petition becaus~ ~. u~ wou±~ generate more t~ .... ~ ~ feared ~. ~e re~erred to the easement which they inherited from Maule Industries (former owners) and the railroad crossing, saying the present crossing was too dangerous and should t~ moved to the north and that an easement was offered to the petitioner but it has not yet ~een resolved either with them or F.E.C. railroad. Mr. Gilbert said there will be the same use of the property as by pre¥ious operator - renting and selling supplies to fishermen like Treasure Coast Fisheries had been doing, and that the easement problem will be worked out and should not have a bearing on-the rezoning, but Zoning Director, Thomas, read from the petition filed by Mrs. Concannon which includes a restaurant and the selling o~ food and beverages which can not be done under present M-2. Alko, that previously Treasure Coast Fisheries acted as a Co-op for it members which is different from dealing with the general public which requires different zoning. Com. Enns expressed concern about the access over unguarded RR crossing especially with the increase in traffic a full mar/ne with restaurant would generate. Com. McCain stated that the County had recognized the need for boat docks and t~ied to build a marina with restaurant and had°Whet wanting to do the same thing, fabilitieS, bu Com. Enns°n S.statedCausewaYhe hadISland"no faultand here was a private just the lack of a safe railroad crossing. He mentioned that Treasure Coast Fisheries even a gate over the crossing at nlght-t with the rezoning, Mike Perri he~ didn't .think theagreedoperationthere WaSwoulda gate to which evez-yone with a boat had a key. He said generate more traffic but actually would improve the are~ Com. McCain pointed out that the . . o~td afe~t~e°rnfsiod~.n.~t_.tha.t should the situaAtg~oenem~ctomW~t~h~F_E~,can .be terminated on a 30 day was a private eauu±°n' He asked what was the Count ~,*~r. aous they and DOT %%~5x3!~ sement on private proDert ..... y s responsibility and n~ .... work ~ ~ ~u no resDon ~h~l~,. ~ ~, .... ~. aaams said it owne~ ~c~o~m _Pa.rk_ said that although he usualS_ = ' -_ -. ~=u u right to use his orooert .... ~ ~3. ~avors the wishes of the ' ne acknowledged that a ..... - -= ~ ~_**u un.ere was a neea ~ ....... neighbors, felt the · ==~u~uran~ would require a zoning ~h~e.~nls type of marina. However Mr. Gilbert reiterated that they want to negotiate with Lone Star for an easement to the north but it will be three times the length of the present one and may take time, perhaps from '6' months to a year or maybe never and d/dn't think it fair for the zonbng to be contigent on this. Moved by Com. Price to continue the hearing until July 10th to give time to solve the easement problem, was seconded by Com. Enns. Mr. Doyle indicated they are willing to issue an easement. Com. McCain asked why FEC wasn't present today and Mr. Doyle said they didn't interfere with zoning matters. Com. Green said he did not think the rezoning would increase the traffic. Roll Call on the motion was as foliows: Ayes: Enns, Price & Park :~, ........... Nayes: McCain & Green THE NEWS ~,~iBUNE Published Daily nd ~,,,,,~ ~ _ a ........ Y ~ ~xcep/Saturday Fort Pierce~'Sf. Lucie County, Florida STATE OF FLORIDA COUNTY' OF ST. LUCI E Before the undersigned authorit_v personally appeared Marvin DeBolt or Ks thleen K. LeClair, who on oath says that ....... ~h-e/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Lucie Coun · . I~ art Pierce in St. ty, Florida, that the attached copy of ad- vertisement, being a petit±on in the matter of Concannon ..................... in the ..................... Court, was published in said newspaper in the issues of ............. ..................... 5/.2.1_/79 · . . Affiant further says that the said News Tribune is a newspaper published at Fort Pierce. in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuously published in said St. Lucie County, Florida, eaeh day except Saturday and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next preceding the first publication of the a tracheal copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of secu?ing th~s adYertisement for publication in the said newspaper. ' S~vorn tb andsubseribed before me - BOARD OF COUNTY COMMISSIONERS TUESDAY JUNE 5, 1979 9:00 A,M, Petition of MURIEL V, CONCANNON, by her agent, Spencer B, Gilbert, Attorney, for a change in zoning classification from M-3 (Manufacturing) to B-4 (general business) for the following described property: (SEE ATTACHED SHEET) Prior to this public hearing, notice of the same was sent to all adjacent property owners, All that land lying in Section 33 and 34, Township 34 South, Range 40 East, Sro Lucie County, Florida, described as follows: Beginning at the Southeast corner of Government Lot 4, - Section 33, Township 34 South, R~nge 40 East, also the East 1/4 corner of Section 33, Township 34 South, Range 40 East, run North 4°24'50,, W, 732.90 feet along the section line common to Sections 33 and 34 of said Township 34 South andoRange~, ',,40 East to the True Point of Beginning: --Thence,r~n N 4 24 50 W, 27.76 feet; thence, run N 85°16'10" E, 27.00 feet; thence, run N 12°10'13,, W, 200.00 feet; thence, run N 4o24'50'' W, 99.05 feet; thence, run S 78°07'15', E, 41.03 feet; thence, run N 17°08'10" E, 114.93 feet; thence, run N 33_°02'10', E, 218.67 feet; thence, run N 04058'20,, W, 50.57 feet;. thence, run N 50_°17'50,, W, 26.50 feet; thence, run N 64°03~50,, W, 133.45 feet,~ ~ thence, run N 48o06'20" W, 115.65 feet, an intersection with section line common to Sections 33 and 34; thence, run N'35°35,20,, W, 73.60 feet; thence, run S 85o09'40" W, 50.56 feet; thence, run S 85~16'10'~'W;'332.38 feet; thence, run S 25018'00', E~524.38 feet parallel to the Florida ~ East Coast Railroad East Right-of-Way; thence, run S64°42'00,, W, 291.63 feet; thence, run S 25°18'00,, E, 3~4 48 feet parallel to the Florida East Coast Railroad East Righ.t-of-Way; thence, run S 63~31'44,, E, 50.82 feet; thence, run N 72°.50'00,, E, 345.08 feet and the True Point of Beginning. Containing 9.27 acres. (Located just East of Naco Road, behind the Lone Star Cement Plant) Out above and to make notation thereof of reference ~0 the date of adoption of this resolution, ATTESTc /Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF ST. LUCIE The undersigned, Clerk of the ~oard o~ County Commissioners of ~he County and state azoresaid, does hereby certify that the above and foregoing is a true and correct copy of a resolution adopted by said Board at a meeting held on the llth day of September, 1979. Witness my hand and the seal of said Board this /~?~-~./day of September, 1979. Roger Poitras, Clerk of the Board of County Commissioners of St. Lucie County, Florida // Deputy Clerk . . ',il;H;..:... BOARD OF COUNTY COMMISSIONERS SEPTEMBER 1979 ZONING - PUBLIC HEARING CONTINUED Petition of Muriel Vo,Concannon,_b~ her Agent Spencer Gilbert, Atty. for a change in zoning from M-3 to B-.4 ~general- business), for property located east of ~aco Road behind th~ Lone Star Cement Plant for the purpose of 0~ati~ a Marina. This petit~ion was' las-t heard on Aug 21st t_o enable~petitione~ to survey the area to be rezoned. Atty. Spencer Gilbert was present and said a survey had been made of the 5.03 acres they now wished r~zoned and had the legal description of' it. The original request for rezoning was for R.27 acres but they now wished Go amend the petition to the south 5.03 acres leaving the northern portfon in M--3. Moved by Com. McCain ~o adopt Resolution No. 79-82 approving the petition as amended, was seconded by Com. Park and upon roll call, carried. ' unanimously W. R. McCAIN, District No. I E.E. GREEN, District No. 2 o JOHN B. PARK, District No. 3 · EDWARD G. ENNS, District Na. 4 · GEORGE D. PRICE. District No. 5 May 9, lgTg The Planning and Zoning Commission recommended to the Board of County Commissioners approval of the petition of MURIEL V. CONCANNON, by her agent, Spencer B. Gilbert, Attorney, for a change in zoning classification from M-3 (manufacturing) to B-4 (general business) for the following described property: (SEE ATTACHED SHEET) The Board of County Commissioners will hold a public hearing on the petition at 9:00 A.M. on Tuesday, June 5, 1979, mn Room 101, St. Lucie County Administration Building, 2300 Virginia Avenue, Ft. Pierce, Florida. owners. This notice is being sent to all adjacent property Attachment (1) Very truly yours, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, ~FLORIDA E. E. Green, Chairman') Ail that land lying in Section 33 and 34, Township 34 South, Range 40 East, Sto Lucie County, Florida, described as follows: Beginning at the Southeast corner of Government Lot 4, - Section 33, Township 34 South, R~nge 40 East, also the East 1/4 corner of Section 33, Township 34 South, Range 40 East, run North 4o24'50', W, 732.90 feet along the section line common to Sections 33~d 34 of said Township 34 South and oRan,ge 40 East to the True Point of Beginning: --Thence:r~n N 4 24 50~'' W, 27.76 feet; thence~ run N 85°16'10', E, 27.00 feet; thence, run N 12°10'13'' W, 200.00 feet; thence, run N 4o24'50'' W, 99.05 feet; thence, run S 78°07'15'' E, 41.03 feet; thence, run N 17°08'10,, E, 114.93 feet; thence, run N 33°02'10'' E, 218.67 feet; thence, run N 04°58'20'' W, 50.57 feet; thence, run N 50oO17'50" W, 26.50 feet; thence, run N 64 03~50" W, 133.45 feet,~ ~ thence, run N 48o06'20', W, 115.65 feet, an intersection with section line common to Sections 33 and 34; thence, run N 35~°35'20', W, 73.60 feet; thence, run S 85009'40,, W, 50.56 feet; thence, run S 85~16'10'~'W; 332.38 feet; k...--thence' East run Scoast25o18'00-RailroadE~524East. 38 feet. parallel to the Florida R~ght.-of-Way; thence, run S64°42'00,, W, 291.63 feet; thence, run S 25o18'00', E, 3~4 48 feet parallel to the Florida East Coast Railroad East Right-of-Way; thence, run S 63~3t'44,, E, 50.82 feet i thence, run N 72050'00" E, 345.08 feet and the True Point of Beginning.. Containing 9.27 acres. (Located just East of Naco Road, behJnd the Lone Star Cement Plant) NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners in and for St. Lucie County, Florida, will at 9:00 A.M. on Tuesday, June 5, 1979, in Room 10], St. Luci.e County Administration Building, 2.300 Virginia Avenue, Ft. Pierce, Florida, hold a public hearing on: Petition of MURIEL V. CONCANNON, by her agent, Spencer B. Gilbert, Attorney, for a change in zoning classification from M-3 (Manufacturing) to B-4 (general business) for the following described property: (SEE ATTACHED SHEET) All interested persons will be given an opportunity to be heard at this time. Dated: May 9, 1979. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA E. E. Green Chairman PUBLISH: May 21, 1979 Ail tha~ Iand lying in Section 33 and 34, Township 34 South· Range 40 East, Sro Lucie County, Florida described as follows: Beginning at the Southeast corner of Government Lot 4, Section 33, Tow-nship 34 South· R~nge 40 East, also the East 1/4 corner of Section 33, Township 34 South, Range 40 East, run North 4°24'50,, W, 732.90 feet along the section line common to Sections 33 and 34 of said Township 34 South and Range 40 East to the True Point of Beginning: "-T'nence,rt~n N 4°24'50~'' W, 27.76 feet; thence thence · thence · thence · 78°07'15'' E, 41.03 feet; thence, run N 17°08'10,, E, 114.93 feet; thence, .run N 33°02'10,, E, 218.67 feet; thence, run N 04o58'20,, W, 50.57 feet; thence, run N 50o°17'50'' W, 26.50 feet; thence, run N 64 03~50" W, 133 45 feet,1 thence ' thence · thence · thence --'thence thence · thence · run N 85°16'10'' E, 27.00 feet; run N 12°10'13,, W, 200.00 feet; run N 4o24'50'' W, 99.05 feet; run S thence · thonce run N 48o06'20', W, 115.65 feet, an intersection with Section line common to Sections 33 and 34; run N 35o35'20'' W, 73.60'feet; run S 85o09'40,, W, 50.56 feet; run S 85~16'10"'W;-332.38 feet; run S 25°18'00,, E~524.38 feet parallel to the Florida East Coast Railroad East Right-of-Way; run S64°42'00,, W, 291.63 feet;' run S 25o18'00'' E, 3~4 48 feet parallel to the Florida East Coast Railroad East Right,of-Way; run S 63~31'44,, E, 50.82 feet~ run N 72~50'00" E, 345.08 feet and the True Point of Beginning. Containing 9.27 acres. (Located just East of Naco Road, behind the Lone Star Cement Plant) PLANNING AND ZONING COMMISSION APRIL 26j 1979 PUBLIC HEARING: Petition of Muriel V. Concannon, by her agent, Spencer B. GilberT, for a change in zoning c!assificavion from M-3 (manufacturing)_ Plant.business) for property located East of Naco Road behind the to LoneB-4star(generalcement Mr. Gilbert stated the petitioner wishes to establish a full-service public marina on the property in question, and seeks a B-4 zoning on the advice of Mr. Thomas to cover all phases of the full-service marina. Mr. Moore asked if they could operate in less than a B-4 zoning, and Mr. Thomas replied that no retail sales are allowed in M-3 zoning. Mr. Sam Doyle, land manager for Lone Star spoke in opposition to the petition. He stated that because they operate large cement trucks, the nature of'a retail sales business could create a safety factor. He also mentioned that they have a private crossing agreement with FEC, and that under the district regulations, a dwelling as an accessory use could be permitted; that under no circumstances could they ever agree to any dwellings on the property. Mr. Gilbert Stated there is an easement granted by FEC to Maule and extended to them, that cannot be cancelled. There is an intrusion of soil into the water that is being remedied by a bulkhead that is being built, and that the ~raffic problem they are worried about existed long ago when Treasure Coast Fisheries was operating out of there. Af%er further arguments by both parties concerned, Mr. Doyle stated that there was a difference of opinion by both sides and requested the Commission to table the petition until a later date, to see if both sides could work fut°Ut purpose, their differences. Mr. Gilbert stated that a delay would serve no use- Motion by Mr. Davis and second by Mrs. King to approve the petition~ The Board was polled and the following votes were cast: Ayes: Mrs. King, Mr. Moore, Mr. Davis, Mr. Tiernan Mr. Ebner and Mr Scott. - Nays: Mr. Gotham. T ~ he Planning and Zoning Commission will recommend to the Board of County Commissioners approval of the petition. MEMORANDUM TO: FROM: DATE: SUBJECT: Planning and Zoning Commission County Development Coordinator April 20, 1979 April 26, 1979, Rezonin§ Public Hearings (2) CONCANNON (M-3 to B-4) Existing Land Use: The entire vicinity is currently used for Manufacturing and Heavy Commercial activities. Future Land Use: COMMENTS: Light Industrial. The proposed rezoning is consistent with future land use plans for the area and existing land use in the area. PhOne call from Mr. Mousa Dayanzadeh of Lone Star Florida, Inc. Inquired as to why no letter was sent to them in Ft. Lauderdale pertaining to the rezoning of Concannon for 4-26-79. Advised him that the letter was mailed to address in Greenwich Conn.; that address was taken from the St. Lucie County Tax Rolls. He advised me that at the present time they are against the rezoning and will send a letter out immediately for the meeting Thursday e~ening. ' ~ ~-~e'der~l ,ighway /PENIVSUCO./IVC. Ft. Lauderdale, Florida 33308 April 24, 1979 Mr. A. M. Thomas Director of Building & Zoning Dept. St. Lucie County 2300 Virginia Avenue, Rm. 201 Ft. Pierce, Florida 33450 Re: Muriel V. Concannon, Zoning Change M-2 to B~4 Fort Pierce Dear Mr. Thomas: This is to inform the Zoning Department of St. Lucie County that Lonestar Florida Pennsuco, Inc., is opposing the change of zoning of the adjacent property from M-2 to B-4. It is our intention to appear at the hearing. Very truly yours, Carl R. Metzgar Mgr. Admin. Services CR/jh THE NEWS "~IBUN E Published Daily and Sunda~ ~ Except Saturday Fort Pierce~Sf. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authorit_v oersonally aPPeared Marvin DeBo]t or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newsnaper published at I~ orr Pierce in St. Lucie County, Florida; that the attached copy of ad- vertisement, being a pet±t±on hearin9, in the matter of .......... Concannon ..................... in the ..................... Court, was published in said newspaper in the issues of ............ .......... 4/11/79 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuously published in said St. Lucie County, Florida. each day except Saturday and has been entered as second class mail matter at the post office in Fort Pierce. in said St. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or co?potation any discount, rebate, commission or refund for the purpose of securing this advertisement - ~ ~ for publication in the said newspaper. Swbrn to and sUb~,~r~bed before me This --J~.h -da- of - · ' '~'~ Y ...APR ..... ~ AGENDA - PLANNING AND ZONING COMMISSION THURSDAY APRIL 26, 1979 7:30 P.M. Petition of MURIEL V. CONCANNON, bY her agent, Spencer B. Gilbert, Attorney, for a change in zoning classification from M-3 (manufacturing) to B-4 (general business) for the following described property: (SEE ATTACHED SHEET) Prior to this public hearing, notice of the same was sent to all adjacent property owners. All. that land lying in Section 33 and 34, Township 34 South, Range 40 East, Sro Lucie County, Florida, described as follows: Beginning at the Southeast corner of Government Lot 4, Section 33, Township 34 South, Rmnge 40 East, also the East 1/4 corner of Section 33, Township 34 South, Range 40 East, run North 4o24'50" W, 732.90 feet along the section line common to Sections 33a~d 34 of said Township 34 South and Range 40 East to the. True Point of Beginning: '-Thence,run N 4o24'50'' W,' 27.76 feet; thence, run N 85°16'10'' E, 27.00 feet; thence, run N 12°10'13'' W, 200.00 feet; thence, run N 4o24'50'' W, 99.05 feet; thence, run S 78°07'15'' E, 41.03 feet; thence, run N 17°08'10" E, 114.93 feet; thence, run N 33°02'10'' E, 218.67 feet; thence, run N 04o58'20'' W, 50.57 feet; thence, run N 50oO17'50'' W, 26.50 feet; thence, run N 64 03'50" W, 133.45 feet,~ thence, run N 48°06'20'~' W, 115.65 feet, an intersection with section line common to Sections 33 and 34; thence, run N 35oO35'20'' W, 73.60 feet; thence, run S 85 09'40" W, 50.56 feet; thence, run S 85'°t6'10~-W,~'3~2.38 feet; thence,, run S 25°18'00'' E~524.38 feet parallel to the Florida ~ East Coast Railroad East Right-of-Way; thence, run S64°42~00'' W, 291.63 feet; thence, run S 25°18'00'' E, 3~4 48 feet parallel to the Florida East Coast Railroad East Right-of-Way; thence, run S 63631'44'' E, 50.82 feet; ~' thence, run N 72°.50'00'' E, 345.08 feet and the True Point of Beginning. Containing 9.27 acres. (Located just East of Naco Road behind the Lone Star Cement Plant) 19 20 21 45E, 45A 45B 23 26 MURIEL V. CONCANNON, by Spencer B. Gilbert, Attorney,-PO Box 3388j Ft. P]ercej FL 33450 Harold Da~er~ William Jones~ 2505 N. Indian River Dr.~ Ft. Pierce~ FL 33450 Orville Bigham~ 2261SW Riverside Dr.j Stuart, FL 33494 Brown Johnson~ PO Box 3786, Ft. Pierce, FL 33450 Central Truck Lines, Inc.~ PO Box 18464~ Tampa~ FL 33679 Frederick Sexauer~ Box 2003~ N. Federal Hwy.j Ft. P~erce~ FL Lone Star of Florida, Inc., One Greenwich Plaza~ Greenwich, CN W. R. Grace & Co., PO Box 1210~ Ft. Pierce~ FL 33450 06830 Florida East Coast Rai]roadj ! Malagna St.~ St. Augustine, FE 32084 LJ W. R McCAIN, District No. 1 E. E~ GREEN, Dislrict No. 2 · JOHN B. PARK, District No. 3 · EDWARD G. ENNS, District No. 4 · GEORGE D. PRICE District No. 5 March 20, 1979 In compliance with the provisions of the St. Lucie County Zoning Resolution, you are hereby advised that Muriel V. Concannon, by her agent, Spenner B. Gilbert, Attorney, has petitioned the Planning and Zoning Commission for a change in zoning classification from M-~ (manufacturing) to B-4 (general business) for the following described property: (SEE ATTACHED SHEET) The first public hearing on the petition will be held on Thursday, April 26, 1979, at 7:30 P.M. in Room 101, St. Lucie County Administration Building,-~300 Virginia Avenue~, Ft. Pierce, Florida. Ail interested persons will be given an opportunity to be heard at that time. If you no longer own property adjacent to the above des- cribed parcel, please forward this notice to the new owner. For your information, we are enclosing a copy of the B-4 zoning regu- lations. The petitioner has indicated the he wishes to operate a full service marina, fishery, wholesale and retail seafood, marine supplies, boat sales and repairs, engine repairs and sales, and retail food and beverage restaurant, but we must caution you he will not be limited to this use if the rezoning is enacted. Ail uses, as shown in the District Regulations for this zoning district, will be permitted. Very truly yours, PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA eno1. Jack Scott, Chairman All that land lying in Section 33 and 34, Township 34 South, Range 40 East, Sro Lucie County, Florida, described as follows: Beginning at the Southeast corner of Government Lot 4, ~ Section 33, Township 34 South, Range 40 East, also the East 1/4 corner of Section 33, Township 34 South, Range 40 East, run North 4o24'50'' W, 732.90 feet along the section line common to Sections 33amd 34 of said Township 34 South and oRan,ge 40 East to the True Point of Beginning: ~Thence,runN 4 24 50"'W, 27.76 feet; · thence, run N 85°16'10'' E, 27.00 feet; thence, run N 12°10'13,, W, 200.00 feet; thence, run N 4024'50'' W, 99.05 feet; thence, run S 78°07'15'' E, 41.03 feet; thence, run N 17°08'10', E, 114.93 feet; thence, run N 33°02'10" E, 218.67 feet; thence, run N 04o58'20,, W, 50.57 feet; thence, run N 50_°17'50'' W, 26.50 feet; thence, run N 64o03'50,, W, 133.45 feet~ thence, run N 48°06'20'~' W, 115.65 feet, an intersection with section line common to Sections 33 and 34; 3 o '20" . thence, run N 5 35 W, 73 60 feet; thence, run S 85o09'40,, W, 50.56 feet; thence, run S 85~i6'10~"W,~'~3B2.38 feet; ---thence, run S 25°18'00'' E~524.38 feet parallel to the Florida ~ East Coast Railroad East Right-of-Way; thence, run S64°42'00" W, 291.63 feet; thence, run S 25o18'00'' E, 354 48 feet parallel to the Florida East Coast Railroad East Right-of-Way; thence, run S 63~3I'44'' E, 50.82 feet; - thence, run N 72°~50'00'' E, 345.08 feet and the True Point of Beginning. Containing 9.27 acres. (Located just East of Naco Road behind the Lone Star Cement Plant) NOTICE NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission for St. Lucie County, Florida, will at 7:30 P.M. on Thursday, April 26, 1979, in Room 101, St. Lucie County Administration Building, 2300 Virginia Avenue, Ft. Pierce, Florida, hold a public hearing on: Petition of MURIEL V. CONCANNON, by her agent, Spencer B. Gilbert, Attorney, for a change in zoning classification from (manufacturing) to B-4 (general business) for the following described property: (SEE ATTACHED SHEET) All interested persons will be given an oPpo~tunity to be heard at this tJme. Dated this 20th day of March, 1979. PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA PUBLISH: .J. ack Scott Cha i rman April Il, 1979 Ail that land lying in Section 33 and 34, Township 34 South, Range 40 East, Sto Lucie County, Florida described as follows: Beginning at the Southeast corner of Government Lot 4, ' Section 33, Township 34 South, Rmnge 40 East, also the East 1/4 corner of Section 33, Township 34 South, Range 40 East, run North 4o24'50', W, 732.90 feet along the section line common to Sections 33a~d 34 of said Township 34 South and Range 40 East to the True Point of Beginning: ~Thence,runN 4°24'50~,, W, 27 76 feet; . thence, run N 85°16'10,, E, 27.00 feet; thence, run N 12°10'13,, W, 200.00 feet; thence, run N 4o24'50'' W, 99.05 feet; thence, run S 78°07'15,, E, 41.03 feet; thence, run N 17°08'10,, E, 114.93 feet; thence, run N 33°02'10,, E, 218.67 feet; thence, run N 04o58'20,, W, 50 57 feet; thence, · run N 50oO17'50" W, 26.50 feet; thence, run N 64 03 '50" W, 133.45 feet,~ thence, run N 48o06'20,,, W, 115.65 feet, an intersection with section line common to Sections 33 and 34; thence, run N 35o35'20" W, 73.60 feet; thence, run S 85°09'40,, W, 50.56 feet; thence, run S 85~t6'10~-W,~332.38 feet; ~thence, run S 25018'00,, E~524.38 feet parallel to the Florida ~ East Coast Railroad East Right-of-Way; thence, run S64°42,00,, W, 291.63 feet; thence, run S 25o18,00,, E, 3~ 48 feet parallel to the Florida East Coast Railroad East Right_of_Way; thence, run S 63~31'44- E, 50.82 feet; thence, run N 72o.50'00', E, 345.08 feet and the True Point of Beginning. Containing 9.27 acres. (Located j ust East of Naco Road, behind the Lone Star Cement Plant) N~ $4 19 20 21 45E, 45A 45B 23 26 MURIEL V. CONCANNON, by Spencer B. Gilbert, Attorney,-PO Box 3388, Ft. Pierce, FL 33450 Harold Daver, 13030 Wood St., #2-E, Blue Island, IL 60406 William Jones, 2505 N. Indian River Dr., Ft. Pi'erce, FL 33450 Orville Bigham, 2261SW Riverside Dr., Stuart, FL 33494 Brown Johnson, PO Box 3786, Ft. Pierce, FL 33450 Central Truck Lines, Inc., PO Box 18464, Tampa, FL 33679 Frederick Sexauer, Box 2003, N. Federal Hwy., Ft. Pierce, FL Lone Star of Florida, Inc., One Greenwich Plaza, Greenwich, CN 06830 W. R. Grace & Co., PO Box 1210, Ft. Pierce, FL 33450 Florida East Coast Railroad, 1Malagna St., St. Augustine, FL 32084