HomeMy WebLinkAboutFender, Robert C SrBOARD OF COUNTY
COMMI$$1ON.CR$
June 19, 1990
TERRy L. Vix~Rb%
Frank H. Fee, Ii~
Agent for Robert% E~qUire
P- O. Box 1000 ender, Sr.
Fort Pierce, FL 34954
Dear Mr. Fee:
This letter is to Conf.
County Com~is .
Petitio, ~ Stone~o ~ '~rm
iOta ~esi ~nt Coun
ted . den · to t
o~ at ~- tzal ~ the ~,.~ Y,
oCree ~e ~ .... J ~o~n% ~ ~ucure ·
t. vu-rnwest c~_~? con (c_~
z-net Of
~n copy of recorded
fOrmation. Resolution No.
Sincerely,
ST. LUCIE
· ,~z, FLORIDA RS
RDT/lmc net, Chazrm
90-028 is
HAV£RT L, F£NN.
' O'srncr No '1 · JUDy CULPEPp
I i - £a, Districr No. 2 · JAcK I~RI
[ Coun~,,Ad . . E6ER Di -
Direct ..... 2,300 ~/;~. . m~n~Srroro~J' .,. Srnct No O · n ~
~ ~': ~4~73. ~u_.$ 09~A= , ~'~$n$o Ave. ou~ ~- '~--r J~E5. ~ C~ SHo~'~' UALE TREFELNER ....
Zen no- ~. 0 · OUHdin~ r.~rt P~orce r~ ~ .~
~' ~u/j 468- ~ ~ ~ ~ ~: LgU~] 4A~ '~ .'/~ o4982-R~
~crngN[ NO r'~'~gt: (4073 46
' -~u/) 878-4898 o-lb7~
for
Your
Jl~ MINIX, District No. 5
8
1t
· ORDINANCE NO. 90- 02 8
FILE NO.: PA-90-001
AN ORDINANCE AMENDING 'THE ST.
~-~ '--'' .... --~- ....... COMPREHENSIVE PLAN, ORDINANCE
=------ NO.- 90-1,--- -BY 'CHANGING THE LAND USE DESIGNATION
::::_.-_ OF THE-PROPERTY LOCATED ON THE SOUTHWEST CORNER
OF MIDWAY ROAD AND SOUTH 25TH STREET
(MORE PARTICULARLY DESCRI BED HEREI N) FROM
RU (RESIDENTIAL URBAN) TO COM (COMMERCIAL);
:~MAK!NG-FINDINGS; PROVIDING FOR MAKING THE NECESSARY
· CHANGES ON THE ST. LUCIE COUNTY ZONI
PROVI DING FOR CON~LT m~ ~x~ -- -- - NG ATLAS;
PROVIDING FOR FI __ D SEVERABILITY;-
~ LING WITH THE DEBARTMENT OF
~ DEPARTME~NT OF COMMU~~ ~ ....... STATE AND
~-,,.*.~.'z ~r~'~IRS AND FOR AN
EFFECTIVE DATE AND ADOPTION.
............ ~ -----7 -'7- __' _- -
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WHEREAS, the Board of County Commissioners of
Lucie .County,- Flori~.~a, has made the follow-Lng ~-+-~
DaSd_ .... ~ Fenaer,_ __. ~ Age~ Frar~ ~ Pee,
'pe~tio~ ~to '~en~ ~e fu~ ~n~ ~e cias~~io
in
the
Lu~ie
'Uo~ty C~rehensive Plan from ~ (Resi
Urban) to C~ (Co~erc~)
- zor the
2. The S~ Lucie Co~ty Pla~ng ~d Z~n~
held a public he~ing on the Pe~on, after
notice at le~t fifteen (15) days P~or to the hear!
notifying. ~.. b~ mail o~ers of prope~ ~t~n five hundred
(500') of the subject property, and has :reco~ended tha~
Board amend the future land use classification set forth
~oun~y ~ro~h Management Poli cy P1 an
(Residential Urban) ' to COM (Co~erci~) for the
described below.
oo 694
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r~ference to the dat~ of
adoption of this ordina.~ce.
Special acts of the Florida Legislature
only'-- to- ~nc-orporat;ed - areas - of St.
Ordinances and County Resolutions, or parts thereof, in conflict
with this Ordinance are hereby Superseded by this ordinance to ,
the extent of such conflict.
E. SEVERAn! LI Ty
appliCable
Luci e County,
to any other Person, Drooerty or c~t~es.
18~'I F. -a-~~--~---iiLZTY OF
i 9 - ~ ~o._ ~'~'x OF ORD~qANCEORD~qANCE.
This ordinance shall be a~P!i cabie
20 Paragraph ~h
--:: .... ~-- If - any .... portion of this ordinance is -for
held _o.r declared to be unconstitutional, inoperative
such_ . holding. . shall not effect the remain/ng POrtions
ordinane~-_ ~i f '.this. or~inancef or-a~v _~.:_~l_. Si__on. thereof
hel~ to - be ina!!piicabie- to
'~"]~" ~ '~ pets on,
c7~rcumStal'-~;~, sq~.~h__ holding shmll.~, not effect its applic
as sta~
The Clerk be and hereby is directed forthwith to
a certified copy of this ordinance to the Bureau of
Department of State, The Capitol, Tal!ahassee, Florida, 3
~L F/LIN~ WI~H THE DEPAR
- 'F CO~TY AFFAIRS
The County Attorney shall send a certified copy
this ordinance to the Department of Community Affairs, The
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~ 'SectionN°rtheast~gln ats~thel/4 Northeast of the 36 COrner,_of the North 3~0 feet of the
Northeas_south, 1/4 of the SOUtheast 1/4 of
-Township Range .40 East, less the ~North 40
feet and the East 35 feet for' road rights-of-way,
along the Southerly right-of-way of West Midway South Road thence (White run City West
Road) a distance of 210.5 feet, then
-Road')-Parallel t0-the--West right-of-way ce run
of SOuth 25th
on
a
line
a-d-i'~t-am-6e-of-i45.-0 feet, thence line rUnofEasterly on a line
parallel to the South right-of-way
along(White said City Road) a distance of 210.5 Road), feet to the West West right-of_
way line of South 25th Streetto (Hawley thence run Northerly
right-of-way the Point of Beginning.
LESS AND EXCEPTING THEREFROM the following:
1. Beg~ at the NO~heast COrner of the North
............. / ,o .N~rt~ast 1/4 of the
~- ~yff~tne ~or~n ~0-~eetS~~p ~ ~Outh, Ran e
~J~P2s-~f-way, th~ce ~nd the East 35 fe~t
. lgn~-of ....... run We~+
~s~ance of 175 =_[~.~uway Road (Whit~
~,,nm~ ~2~-Road)
of !~5 feet to ~e West ri~h~_of_~v__
. ~Str~t~h+ _ _(Hawi~ Road), thence ~n NO~herlyline of
~--~. ~-oz-~y ~ ~ Point of
~e w~t 35.5 f~_~ and ~e So~ 20.0 feet of
Rob~tTaking C. 14, i989, in that
ci~Li action~entitled St. Lucie
Fen~er, Sr. et al
b~ore ~e ~ · = ' -, Case No. 89-14
~Orida. ~rcu~t Co~t in and for St. Lucie
125%
10502
FILE
~OU~
SI.L
CN
ZON~,~
RS -2
R~D
05- 6-40
FOR
BY
A
A~
FRO~
RU
H. FEE ~T_~', ESO.
USE CLASS~FZ CAT~n,,~
TO CO,vi
LAND USE
GREEN
ORANGE
BLUE
05-56-40
I
~ A
GP, AY TWIG
.TITION OF ROBERT C. FENDER (SR. & JR.)
AND DAVID A. FENDER
BY AGENT: FRANK M. FEE III, ESQ.
)R A CHANGE IN LAND USE CLASSIFICATION
FROM RU TO COM
BOARD OF COUN'I'Y
COMMiSSION£RS
June 7, 1990
Krista A. Storey
Heather Young
Doris G. Ferguson
James W. Lancaster
COUNTY
ATTORN6Y
Daniel S. Mc Intyre
ASSISTANT COUNTY ATTORNEY
ASSISTANT COUNT~; ATTORNEY
ASSISTANT COUNTY A'i't'ORNEY-
ASSISTANT COUNTY AT[ORNEY
of Community Affairs
rne Building
27 Centerview Drive
Tallahassee, Florida 32399
Gentlemen:
Re: Ordinance No. 90-028
Enclosed are certified copies of
the Department
_,ordinances for filing---with
pursuant to ~ection H of t~e ordinances.
the
of
above-referenced-
Community Affairs
Sincerely,
DANIEL S. MCINTYRE
COUNTY ATTORNEY
Legal Secretary
SM/sls
,losure
~ies To:
Developmen'
'ENN, District No. t · JUDY CULPEPPER, District No. 2 · JACK KRIEGER, D ~sttict No. 3 · R. DALE TREFELNER, District No. 4 · JIM MINIX. District No. 5
County Administrator -- James V, Chisholm
nia Avenue · 3rd Floor Admin. Annex e Fa rt Pierce, FL 34982-5652 · Phone (407) 468-1415 e FAX (407) 468-144
DOUGLAS DIXON-
Clerk of Circuit Court
ST. LUC IE COUNTY
2300 VIRGINIA AVENUE, AN NEX
FORT PIERCE, FLORIDA 34982
STATE OF FLORIDA
COUNTY OF ST. LUCIE
This is to cer. tify that the attached is a tr'ue ano corr-ect copy
o+ Ordinance No. 9~-28, which was adopted at a Regular meeting
the St. Lucie County Boar-d of Cocmty Commissioner's held on the
22nd day of May, 199D.
WITNESS my hand and seal this ?th day o+ June,_ 199~. _
Douglas Dixon
Clerk of the Circuit Court
St. Lucie County, Flor-ida
Deputy Ci er'[::
(Sea!)
ORDINANCE NO. 90- 028
2
FI LE NO.:
PA-90-001
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AN ORDINANCE AMENDING'THE ST. LUCIE COUNTY
COMPREHENSIVE PLAN, ORDINANCE
--NO~ -~90=1, BY CHANGING THE LAND USE DESIGNATION
........ OF THE PROPERTY LOCATED ON THE SOUTHWEST CORNER
OF MIDWAY ROAD AND SOUTH 25TH STREET
(MORE PARTICULARLY DESCRIBED HEREIN) FROM
RU (RESIDENTIAL URBAN) TO COM (COMMERCIAL);
MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY
CHANGES ON THE ST. 'LUCIE COUNTY ZONING ATLAS; ..........
PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND
DEPARTMENT' OF COMMUNITY AFFAIRS AND FOR AN
EFFECTIVE DATE AND ADOPTION.
WHEREAS, the Board of County Commissioners of St.
Lucie County, Florida, has made ......... the_ ~f°ll°wing determinations :__
1. Robert C. Fender, Sr., Robert C. Fender, Jr.,. and_
David A. Fender,_ by Agent Frank H. Fee, II!, Esq., presented a
petition t~ amend the future land'use classification set forth
in the St. Lucie'County Comprehensive Plan from RU (Residential
Urban) to COM (Commercial) for the property described below.
2. The St. Lucie County Planning and zoning
held a public hearing on the petition, after
ot Ce -at least
notifying by mail
(500') of the subject property, and has ~recommended that
Board ~ amend the future land use classification set forth in
St. Luci e County Growth Managemen~ Poll cy P1 an from
( Res identi al
Commission
publishing
fifteen (15) days prior to the hearing .and
owners of'property within five hundred, feet
the
the
RU
property
Urban) to COM (Commercial)
for
the
described below.
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hearing
on
3. On May 22, 1990, this Board held a
petiLion,~ after publi~'~ing a ~otice of such--hearing in
the
the Fort Pierce News Tribune'°n May 2, 1990, and notifying by
- ~~t~ within- P~00- feet of the
all
subject property.
7
8 NOW, THEREFORE, BE IT RESOLVED by the
9 .County Commissioners of_ St. Lucie ..... County, Florida:
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................. A2 CF~%I~GE- IN- FUTURE_ LAtCD3USE CLASSIFICATION-
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Board of
The future land use classification set forth in the
St. Lucie County Growth Management Policy__ Plan for that property__
~scribed as ~ollows: ~
(See attached legal description)
by Robert C. Fender,'' St~, Robert-C. F~nder, ~Jr., and David
Fender, be, and the same is hereby changed from RU
lidential Urban) to COM (Commercial').
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Be
e
cies
and
FINDING OF CONSISTENC~
This Board specifically determines that the approved
in the.. future land use plan is consistent with the
objectives contained in the St. Lucie County
Comprehensive Plan.
hereby
in the
~GES TO ZOI~ING ATLAS. -
The St. Lucie County Community Development Director is
authorized and directed to cause the changes to be made
St. Lucie County zoning Atlas and to make notation of
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reference.to the date of adoption of this ordinance.
D. CO~TFLI CTI NG pROVISIONS
Special acts of the Florida
only to unincorporated areas of St.
ordinances and County Resolutions, or parts thereof, in conflict
with this Ordinance are hereby superseded by this ordinance to
the extent of such conflict.
Legislature applicable
Lucre County~ -- Coun~_y-_
E. SEVERABI L!
If .... any- portion of--this-ordinance is-~f°r any- reason-
or declared to be unconstitutional, inoperative or void,
.ch holding shall not effect the remaining portions of this
-nance. !~ this ordinange or any provision thereof shall .... .be
,id to be inapplicable to any person,- property, or
cumstances, such holding shall not effect its applicability
o any other person, property or circumstances.
APPLIC~!tILIT~ _OF ORDINANCE.
This ordinance shall be
raph A.
applicable as stated in
The Clerk be and hereby is directed forthwith to send
a certified copy of this ordinance to the Bureau of
Department of State, The capitol, ~allahassee, Florida, 3230&.
_FIT,lNG WITH'THE DEPARTMEI~T OF CO~tlIRIT¥ AFFAIRS.
The County Attorney shall send a certified copy
this ordinance to the Department of Community. Affairs,
of
The Rhyne
Building, 2740 Centerview Drive,
Tallahassee, Florida, 32399.
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I. EFF_ECTIVE DATE-
This ordinance shall take effect upon receipt of
official acknowledgment from the office of Secretary of State
that this ordinance has been filed in that office.
After motion and second, the vote on this
ordinance
!0
as follows:
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Chairman R. Dale Trefelner
Vice-Chairman Havert Fenn
Commissioner--Judy.Culpepper
Commissioner Jack Krieger
Commissioner Jim Minix
PASSED AND DULY-ADOPTED this 22nd day of May,
ABSENT
AYE
AYE
ABSENT
AYE
19-90.
CLERK
BOA-RD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA. ~
CHAIRMAR
APPROVED AS TO FORM AND
RECTNESS:
Begin at the NortheaSt corner of the North 340 feet of the
Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of
.. Section 5, Township 36 South, Range-40 East, less the North 40
feet and the East 35 feet for road rights-of-way, thence run West
along the Southerly right-Df-way of West Midway Road (White City
Road) a distance of 210.5 feet, thence run south on a line
_ _ _ ~ . parallel to the West right-of-way-of South 25th Street (Hawley
-'~!'r3~ -].: ~Oad) a distance of 145.0 feet, thence run Easterly on a line
parallel to the South right-of-way line of West Midway Road
iwhite City Road) a distance of 210.5 feet to the West right-of-
way line of South 25th Street (Hawley Road), thence run Northerly
along, said right-of-way to the Point of Beginning.
LESS AND EXCEPTING THEREFROM the following:
1. Begin at the Northeast corner of the North 340 feeteof
the Northeast 1/4 of the Northeast 1/4 of the Southeast
1/4 of Section 5, Township 36. South, Range 40 East,
...... , ........ less the North 40 feet and the East 35 feet for-road
rights-of-waY, thence run West along the'Southerly
right-of-waY of West Midway Road (White City Road) a
distance of 175 feet, thence run South on a line
parallel to the West right-of-way of South 25th Street
Road) a distance of 125.0 feet, thence run
--(Hawley ~6n--a-'-line-parallel to .the--South--right-of-way'
..... Easterly
line of West Midway-Road (White City Road) a distance
of 175 feet to the West right-of-way line of South 25th
Street (Hawley Road), thence run Northerly along said
right-of-way to the Point of Beginning.
~ 2. The West 35.5 feet and the South 20.0 feet of the above
described real property that falls within the Order of
Taking entered on December 14, 1989, in that certain
civil action entitled St. Lucie County, etc., vs.
Robert C. Fender, Sr., et al., Case No. 89-1490-CA-05
before the Circuit Court in and for St. Lucie County,
Florida.
OF
June 7, 1990
COUNIY
COUNTY
A IORN6Y
Daniel S. Mc Intyre
Krista A. Storey ASSISTANT COUNTY ATTORNEY
Heother Young
Doris G. Ferguson .... ASSISTANT COUNTY A]-I'ORNEY
James W. Lancaster ASSISTANT COUNTY A'I-[ORNEY
Department of Community Affairs
Rhyne Building
:Centerview Drive
Florida 32399
Gentlemen:
Re: Ordinance No. 90-028
Enclosed are certified
res for ..filing with
~ant to Section H of ~e
copies of the
the Department of
ordinances.
above-referenced
Community Affairs
Sincerely·
DANIEL S. McINTYRE
COUNTY ATTORNEY
Legal Secretary
~ls
£es To:
L, FENN, District No. t · JUDY CULPEPPFR, District No. 2 · JACK KRIE. GER, District No. 3 · R. DALE TREF£LNER, District No. 4 · JiM MINIX, District No. 5
County Administrator -- James V. Chisholm
nia Avenue · 3rd Fioor Admin. An nex e Fa'T Pierce, FL 34982-5652 · Phone (407) 468-1415 e FAX (407) 468-144
DIXON
Clerk of. Circuit Court
ST. LUC IE COUNTY
2300 VIRGINIA AVENUE, ANNEX · FORT pIERCE, FLORIDA 34982
STATE OF FLORIDA
COUNTY OF ST. LUCIE
This is to certify that the attached is a true and correct copy
of :Ordinance No. 9~-28~ which was adopted at a Regular meeting of
the St. Lucie County Board of County Commissioners held on the
o~od~_ day of May, 199~.
WITNESS my hand and seal this 7th.. day of ~.U~m~ 199~._ ....
Douglas Dixon
Clerk of the Circuit Court
St. Lucim County, Fior-iom
(Seal)
By:
Deoutiy Clerk
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%8
ORDINANCE NO. 90- 028
FILE NO.: PA/90-001
AN ORDINANCE AMENDING "THE ST. LUCI E COUNTY
COMPREHENSIVE PLAN, ORDINANCE
NO. 90-1, BY CHANGING THE LAND' USE DESIGNATION
OF THE pROPERTY LOCATED ON THE SOUTHWEST CO!LNER
OF MIDWAY ROAD AND SOUTH 25TH STREET
(MORE PARTICULARLY DESCRIBED HEREIN) FROM
RU (RESIDENTIAL URBAN) TO COM (COMMERCIAL);
MAKING FINDINGS; pROVIDING FOR I~AKING THE NECESSARY
THE ST. LUCIE COUNTY ZONING ATLAS;
CHANG_ES_?N~n~wT.I CTI NG PROVI SI ONS AND SEVERABI LI TY;
PROVI DING ~'O~ ~
PROVIDING FOR FILING ?~ITH THE DEPARTMENT OF STATE AND
DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN
EFFECTIVE DATE AND ADOPTION.
) to COM
WHEREAS, the Board of County Conur~ss loners of St.
ie County, Florida, has made the following .determinations:
1. Robert C. Fender, Sr. , Robert C. Fender, Jr. , and
.d A. Fend. er, by Agent Frank H. Fee, III, Esq., presented a
ti°n to amend the future land' use classification set forth
the St. Lucie 'County Comprehensive Plan from RU (Residential
(commercial) for the property described below.
2. The
.d a public
~ce at least
:ifying by mail
00')
St. Lucie County Planning
and zoning
hearing on the petition, after
fifteen (15) days prior to the hearing
owners of property within five hundred.
of the subject property, and has ~recommended that
amend the future land use classification set forth in
Luci e County Growth Managemen~t Policy P1 an from
~sidential Urbmn) to
Commission
publishing
and.
feet
the
the
RU
COM (Commercial) for the property
scribed below.
On May 22,
1990, this Board held a public
hearing
the Petitio~-~ after publishing-'-a -notice Of such hearing
Fort Pierce News Tribune on May 2, 1990, and notifying
mail ~'f- aT1 .... --o~-~r~----i ;~: --property within 500 feet of
6 ' Subject property.
o~
in
by
the
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Board
of
NOW, THEREFORE, BE IT RESOLVED' by the
County Commissioners of St. Lucie County, Florida:
...... Al--- Ct{ANGE~- IN' FUTURE--'-LAND USE C!;~SSIFICATI ON._
The future land use classification set forth in the
Lucie County Growth Management Policy_Plan for that property
cribed as ~ollows:' _
(See attached legal description)
.... - ' David
Robekt C. Fender, Sr; ,.._.Robert .... C. Fender,~ Jr. and
Fender, be, and the same is hereby changed from RU
~,sidential Urban) to COM (Commercial')-
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icies and objectives contained in
FINDING OF CONS!STENC~
This Board specifically determines that the
in~ the future.land use plan is consistent
the St. Lucie
~rehensive Plan.
approved
with the
County
Ce
the
~FfANGES TO ZONING ATLAS-
The St. Lucie County Community Development Director is
authorized and directed to ~ause the'changes to be made
St. Lucie County Zoning Atlas and to make notation of
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reference to the date of adoption of this ordinance.
D. CO!~FLICTI~G pROVISIONS---
Special acts of the Florida Legislature_ _ applicable
only to unincorpOrated areas- of' -'St~.--Luci~i-~b~h~ L-C~unty--'- -
ordinances and County Resolutions, or parts thereof, in conflict
with this OrdinanCe are hereby superseded by this_ ordinance to
the extent of such conflict.
!d
such
ordinance.
held to
circumstances, such .-
to any other person, Property 'or circumstances.
SEVERABI LI T~.
If-'- any --portion- of this -ordinance -i~-_for ~any _._reason--
or declared to be unconstitutional, inoperative or void,.
holding shall not effect the remaining, portions_ of this~
If this ordinance or any provision thereof shall-
be inapplicable to.. any person, property, or
holding shall not effect its applicability
APPLICABILITY OF ORDI~CE.
This o rdi nanc e s hall be
applicable as stated
Paragraph A.
G. FiLING WITHTHE_DEPARTM~NTOF STATE.. ~
The Clerk be and hereby is directed forthwith to send
a certified copy of this ordinance to the Bureau of Laws,
Department of State, The capitol, Tallahassee, Florida, 32304.
FILI~G~IT~ THE DEpAR.,_T.~_~q~OF CO~i[~v[TYAFFAIR$'~
The County Attorney shall send a certified copy of
this ordinance to the Department of Community Affairs, The P~hlrne
Building, 2740 Centerview Drive,
Taltahass ee, Florida,
32399.
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I. EFFECTIVE DATE~
This ordinance shall take effect upon receipt of
official acknowledgment from the office of Secretary of- State-
that this ordinance has been filed in that office.
ADO~TI ON.
After motion and second, the vote on
this ordinance
_ t0
1!
!3 -
14
was as follows:
Chairman R. Dale Trefelner
Vice-Chairman Havert Fenn
_Com~issioner--Judy.Cuipepper
Commissioner Jack Krieger
Commissioner jim Minix
PASSED AND DULY ADOPTED this 22nd day of May,
ABSENT
AYE
AYE
ABSENT
AYE
19'90.
CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA.
BY:
CHAIRMAN
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APPROVED AS TO FORM AND
CTNESS:
-- COUNTY
Begin at the Northeast corner of the North 340 feet of the
Northeast 1/4 of the NortheaSt 1/4 of the Southeast 1/4 of
section 5, Township 36 South, Range-40 East, less the North 40
feet and the East 35 feet for road rights-of-way, thence run West
along the Southerly right-of-way of West Midway Road (White City
Road) a distance of 210.5 feet, thence run South on a line
parallel to the West right-of-way, of South 25th Street (Hawley
~oad) a distance of 145.0 feet, thence run Easterly on a line
parallel to the South right-of-way line of West Midway Road
(White City Road) a distance of 210.5 feet to the West right-of-
way line of South 25th Street (Hawley Road), thence run Northerly
along said right-of-way to the Point of Beginning.
LESS AND EXCEPTING THEREFROM the following:
1. Begin at the Northeast corner of the North 340 feet~of
the Northeast 1/4 of the Northeast 1/4 of the Southeast
1/4 of Section 5, Township 36 South, Range 40 East,
- less the North 40 feet and the East 35 feet for-road
rights-of-way, thence run west along the Southerly
right-of-way of West Midway Road (White City Road) a
distance of 175 feet, thence run South on a line
parallel to the West right-of-way of South 25th Street
(Hawley~ Road) a distance of 125.0 feet, thence run
.............. East,S!y--on a--iine-'-Daralle~-to' the Southl rightr°f-waY
· - Wh~e City-Road) a distance
line of West Midway Road (T ~
of 175 feet to the West right-of-way line of South 25th
~ ' Street (Hawley Road), thence run Northerly along said
right-of-way to the Point of Beginning.
~ 2. The West 35.5 feet and the South 20.0 feet of the above
described real property that falls within the Order of
Taking entered on December 14, 1989, in that certain
civil action entitled St. Lucie County, etc., vs.
i Robert C. Fender, Sr., et al., Case No. 89-1490-CA-05
~ before the Circuit Court in and for St. Lucie County,
Florida.
BOARD OF COUNTY COMMISSIONERS~
ST. LUCIE. COUNTY~ FLORIDA
REGULAR MINUTES
Date:
Tape:
May 22, 199[~
#l, 2 and 5
convened 9:1~ a.m.
adjourned 12:55 p.m.
in O
Ot~
Kin
oners Present: Vice Chairman Havert Fenn; Judy Culpepper
Dale Tref'elner, absent: attending funeral
(Chairman R.
;onville); (Jack Krieger, absent: on vacation).
>resent: James Chisholm, County Administrator'; Dan Kurek,
~ce County Administrator, Management and Budget; Tom
Assistant County Administrator, Operations; Dan
e, County Attorney; Terry Virta, Community Development
~'r; Dennis Murphy, Land Development Manager; Joseph
, Chief Right-of-Way Agent; Carl Warnock, Director, Parks
:Peation; Run Sigmon, Superintendent, Solid Waste Disposal:
Kimble, Public Works Dir. ector; Nancy Munshaw, Planning
:rator; Hazel Harriman, Sheriff's Office; Marcia A. Salt.h,
C1 er. k.
m
PUBLIC HEARINGS
by
Sou
Ordinance No. 98-828 (2-~715)
was made to memorandum fr. om Planning Administrator,
to the Board, dated May 16, 1990, subject "Petition of
C. Fender', Sr.., Robert C. Fender', Jr.., and David A.
by Agent Frank H. Fee, Iii, Esquire, ~o Amend the Future
se Classification of the St. Lucie County Comprehensive
rom RU (Residential Urban) to CUM (Commercial), to recoup
~signated for commercial use to balance land that was taken
rent domain action ~or right-of-waY for. Midway Road and
25th Street"; southwest corner' of West Midway Road and
25th Street.
q
H. Fee, III, Agent for' Petitioner, spoke before the Board
lng approval of this ordinance and to answer' any
O~S,
was moved by Com. Minix, seconded by Com. Culpepper, to
o Ordinance 98-828, an ordinance amending the St. Lucie
Comprehensive F'lan, Ordinance No. 9~i-1, by changing the
Use Designation of the property located on the southwest
er' of Midway Road and South 25th Street (more particularly
:ribed therein) from RU (Residential Urban) to COM
racial); making findings; provided for. making the necessary
es on the St. Lucie County zoning atlas; provided for
licting provisions and severabiiity; providing for. filing
the Department of State and Department of Community A~fairs
for. an effective date and adoption;
, upon roll call, motion carried unanimously.
A
G
E N D A R E Q U E S r,
D A T E May 18, 1990
REGULARMay 22, 1990
~NTATION
SPECIAL CONSENT
PUBLIC WORK
HEARING XXX SESSION
ITEM DESCRIPTION - SUBJECT:
Co
ider Petition of Robert C. Fender, Sr., Robert C. Fender,
and David A. Fender, by Agent Frank H. Fee, III, Esquire, to
Ld the Future Land Use Classification of the St. Lucie County
~hensive Plan from RU ( Residential Urban ) to COM
,~rcial )
~OCATION
Southwest corner of Midway Road and South 25th Street
S~aff recommends approval of Ordinance
#90-028
F~DS AVAILABLE: ACCOUNT NUMBER
(~PECIFY IF BUDGET AMENDMENT IS REQUIRED)
PRESENTEDBY~t~//~/_~_~~EPARTMENTcommu~O~evelopment
~ARD OF COUNTY COMMISSION ACTION
Approved as recommended
TO: Terry Virta
DATE 5/22/90
Please process as approved by the Board.
'ION
A G E
1990
N D A R E Q U E S
D A T E May 18, 1990
CONSENT
SPECIAL
WORK
PUBLIC
SESSION
HEARING XXX
T
ITEM DESCRIPTION - SUBJECT:
C. Fender,
petition of Robert C. Fender, Sr., Robert
David A. Fender, by Agent Frank H. Fee, III, Esquire, to
Future Land Use Classification of the St. Lucie County
~sive Plan from RU (Residential Urban) to COM
)
Southwest corner of Midway Road and South 25th Street
staff ~recommends approval of Ordinance
#90-028
F_UNDS AVAILABLE: ACCOUNT NUMBER
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PRESENTED BY /~~.~..//~-~fQ~/,~ -~ Communi~yDevelopmen~
BOARD OF COUNTY COMMISSION ACTION
DATE
james Vt Chisholm
County Administrator
COMMiSSiON REVIEW:
M~¥ 22, X990
ORDXNANCE NO: 90-028
FXLE NO.: pA-90-00X
TO:
MEMORANDUM
county Administrator
county commission
Planning Administrat°r~~'~
May 16, 1990
Petition of Robert C. Fender, Sr., Robert C.
Jr., and David A. Fender, by. Agent Frank H. Fee,
Esq. to Amend the Future Land Use Classification
the St. Lucie County Comprehensive Plan from
(Residential Urban) to COM (Commercial)
Fender,
III,
of
RU
On Tuesday, May 22, 1990, you will be asked to review the
:ion of Robert C. Fender, Sr., Robert C. Fender, Jr. and
A. Fender, by Agent Frank H. Fee, III, Esq.-, for an
to the future land use classification of the
hensive Plan. The amendment would change the land use
;nation from RU (Residential Urban) to COM ~ )~Commercial-
on
small "L" shaped parcel in the same ownership as a larger
at the southwest corner of Midway Road and South 25th
.t where the petitioners propose an office/retail and
station use.
The purpose of the small area plan amendment is to allow
petitioners to request CG ( Commercial, General) zoning.
are attempting to compensate for land taken by eminent
for right-of-way on both Midway Road and South 25th
,et.
Planning and Zoning Commission held a public hearing
petition ~ on April 24, 1990. After considering the
~imony, the Commission voted unanimously to recommend
· al o
minutes
from
the
April
24
....... ~ -~ou will find unofficial
· - a co~, of the original staff report on the matter,
~rlng, ~x · e ,
= nv of Draft Ord~nanc #90-028 which would grant
~ CO~.~
l~roval to the request.
May 16, 1990
page 2
Petition: Fender
File No.: PA-90-001
istaff has reviewed the petition and recommends
of Draft Ordinance #90-028. If you have any questions,
let us know.
approval
please
CONCURRENCE:
.m
~er~--L; v~ta
Community~eve lopment Director
cc:
Asst. Co. Admin. - Kindred
County.Attorney
Frank H. Fee, III, Esq.
~commission Secretary
Press/Public
3
4
5
6
7
8
9
t0
11
12
13
14
15
16
17
18
19
27
28
29
3
33
3;4
3
9
42
43
44
45
46
47
48
49
52¸
53
54'
55
ORDINANCE NO. 90-028
FILE NO.: PA-90-001
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY
COMPREHENSIVE PLAN, ORDINANCE
NO. 90-1, BY CHANGING THE LAND USE DESIGNATION
OF THE PROPERTY LOCATED ON THE SOUTHWEST CORNER
OF MIDWAY ROAD AND SOUTH 25TH STREET
(MORE PARTICULARLY DESCRIBED HEREIN) FROM
RU (RESIDENTIAL URBAN) TO COM (COMMERCIAL);
MAKING FINDINGS; PROVIDING' FOR MAKING THE NECESSARY
CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS;
PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY;
PROVIDING FORFILING WITH THE DEPARTMENT OF STATE AND
DEPARTMENT OF COMMUNITY AFFAIRS ~ND FOR AN
EFFECTIVE DATE AND ADOPTION-
WHEREAS, the .Board of County commissioners of St.
County, Florida, has-made the .following determinations:
1. Robert C. Fender, Sr., Robert C. Fender, Jr., and
A. Fender, by Agent Frank H. Fee, III, Esq., presented a
.on to amend the future land use classification set forth
St. Lucie County Comprehensive Plan from RU (Residential
to COM (Commercial) for the property described below.
2. The St. Lucie county Planning and Zoning _Commission
a public hearing on the petition, after publishing
at least fifteen (15) days prior to the hearing and
by mail' owners of property within.five hundred feet
) of the subject property, and has recommended that the
amend the future land use classification set forth in the
Lucie County Growth Management Policy Plan from RU
:ial Urban) to COM (Commercial)- for the property
.ibed below.
3. On May 22, 1990, this Board held a public hearing on
petition, after publishing a notice of such hearing in
Fort Pierce News Tribune on May 2, 1990, and notifying by
all owners of property within 500 feet of the
ect property.
Board of
NOW, THEREFORE, BE IT .RESOLVED by the
Commissioners of St. Lucie County, Florida:
A. CHANGE IN FUTURE LAND USE CT_ASSIFICATION-
The future land use classification set forth in the
Lucie County Growth Management Policy Plan for that property
cribed as folloWS:
1
3
4
9
10
i2
'13
16
17
19
2{)
21
22
2~
2s
26
29
30
31
32
33
38
39
40
41
42
43
45
46
47
48
49
50
51
52
53:
54
55
(See attached legal description)
~rt C. Fender, Sr., Robert C. Fender, Jr., and David
be, and the same is hereby changed from RU
Urban) to COM (commercial)-,
FINDING OF CONSISTENCY
-This Board specifically determines that the approved
in the future land use plan. is consistent with the
and objectives contained in the St. Lucie county
naive Plan.
:C~NGES TO ZONING ATLAS.
The St. Lucie County Community Development Director is
and directed to cause the changes to be made
Lucie County zoning Atlas and to make notation of
to-the date of adoption of this ordinance.
D. ~ CONFLICTING PROVISIONS.
Special acts of the Florida Legislature applicable
St. Lucie County, County
unincorporated areas of
.s and CoUntY Resolutions, or parts thereof, in conflict
Ordinance are hereby superseded by this ordinance to
of such conflict.
SEVERABILITY-
If any portion of this ordinance is for any reason
declared to be unconstitutional, inoperative or void,
shall not effect the remaining portions of this
If this ordinance or any provision thereof shall be
be inapplicable to any person, property, or
such holding shall not effect its applicability
person, property or circumstances-
APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable as stated in
ph A.
FILING WI~TH THE DEPARTMENT OF STATE.
The Clerk-be and hereby is directed forthwith to
fled copy of this ordinance to the Bureau of
of State, The Capitol, Tallahassee, Florida, 32304.
FILINGW. ITH THE DEPARTMENT OF COMMUNITY AFFAIRS-
send
Laws,
The COunty Attorney shall send a certified copy of
The Rhyne
dinance tO"the Department of Community Affairs,
2740 C~nterview Drive, Tallahassee, Florida, 32399.
1
4
9
10
11
19.
14
15
16
17
18
19
2O
21
'22
23
24
25
26
27
28
29
3O
31
32
33
34
35
36
39
40
41
42
i 43
45
46
47
50,
51
52
53
EFFECTIVE DATE--
This ordinance shall take effect upon receipt of
from the office of SecretarY of state
ordinance has been filed in that office.
j. .~DOPTION.
After motion and second, the vote on this ordinance
Chairman R. Dale Trefelner
vice-Chairman Havert Fenn
commissioner Judy Culpepper
Commissioner Jack Krieger
commissioner Jim Minix
PASSED AND DULY ADOPTED this
ATTEST:
XX
XX
XX
XX
XX
day of , 1990.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
: C~ERK
BY:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
TUESDAY
AGENDA - BOARD OF COUNTY COMMISSIONERS MAYg:0022,A.M.1990
Petition of Robert C. Fender, Sr., et al, by Agent: Fl
Fee, III, Esquire, to amend the FutUre Land Use Classification of
the St. Lucie County Growth Management Policy Plan from RU
(Residential, Urban) to C0M (Commercial) for the following
described propertY:
See Attached Legal Description
(Location: Southwest corner of Midway Road and South 25th Street)
Please note that all proceedings before the Board of County
commissioners are ielectronically recorded. If a person decides
to: appeal any decision made by the Board of County Commissioners-
with respect to any matter considered at such meeting or hearing,
he will need a record of the proceedings, and that, for such
p% .pose, he may'need to ensure that 'a verbatim record of the
p~ o.ceedings is made, which record includes the testimony and
e idence upon which the appeal is to be based.. Upoq the request
c any party to the proceeding, individuals testifying during a
h ~aring will be sworn in. Any party to the proceeding will be
anted an opportunity to cross-examine any individual testifying
iring a hearing upon request. Written comments received in
vance of a public hearing will also be considered-
PriOr to this publiC hearing, notice, of the same was sent to
1 adjacent property owners May 7, 1990. Legal notice was
lished in the NeWS Tribune, a newspaper of general circulation
St. Lucie County, on May 2, 1990.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
/s/ R. Dale Trefelner, Chairman
FILE NO. PA-90-001
Begin at the Northeast ~ner of .the North 340 feet of
NortheaSt 1/4 of the NortheaS{ 1/4 of the Southeast 1/4
SeCtion 5, Township 36 South, Range-40 East, less the North
feet and the East 35 feet for road rights-of-way, thence run West~ West Midway Road (White City
along the Southerly right-of-way ofthence run South on a line
Road) a distance of 210.5 feet·
to the West right-of-way-of South 25th Street (Hawley
~ a distance of 145.0 feet, thence run Easterly on
.lel to the south right-of-way line of West Midway Road
City Road) a distance of 210.5 feet to the West right-of-
of South-25th Street (Hawley Road) thence run Northerly
said right-of-waY to the Point of Beginning.
LESS AND EXCEPTING THEREFROM the following:
he Northeast corner of the North 340 feet of"
1. Begin at t .......... ~ 1/4 of the Southeast
east 1/4 cz ~ne moru~o~- -
the North -.- ~ e~,,th~ Range 40 Eas~,
i/4 of section 5, Tow~sn~ fJ~ ~E~t %5 fjet for road
.. · North 40 feet an~ ~ ~
less the ..... talon~ the Southerly
i hfs-of-way thence run ~ ? .
~i~ht-of-way ~f West Midway ~oad (White .City Road) a
distance of 175 feet, thence run South on a line
parallel to the West right-of-way of South 25th Street
(Hawley Road) a distance of 1~5.0 feet, thence run
Easterly on a line parallel to the South right-of-waY
line of West Midway Road (White City Road)' a distance
Of 175 feet to the West right-of-way line of South ~5th
Street' (Hawley Road)· thence run Northerly along said
right-of-way to the Point of Beginning.
2. The West 35.5 feet and the South ~0.0 feet of the above
described real property that falls within-the Order of
Taking entered on December 14, 1989· in that certain
civil action entitled St. Lucie County· etc., vs.
Robert'C. Fender, Sr., et al., Case No. 89-1490-CA-05
before the Circuit Court in and for St. Lucie Count,
Florida.
- ROBERT C. FENDER, SR., ET AL ~0~ FILE NO. pA-90-001
Munshaw presented staff comments. She stated this was
to Amend the Future Land Use designation from RU
:ial Urban) to COM (Commercial) for property located in a
,,L"-shaped parcel with the same ownership as a larger tract
at southwest corner of Midway Road and South 25th Street.
She the petitioners wish to recoup an equal amount of land
at was previously designated for
~ purposes ~h ..... ~ ,.,=~, ~or Midway Road and
for L..~ ~=wm ~or rlgnU-u~---~= - _ - ==- ~ in~
~ use uuu ~n.L== ~ ~ ~e~in west cz un~ ~ ....
~ freer. The wlu=~ ut ~y~ ~ ~ = i south of the
~ou S . t ~,~d the str p
,__ tract is 35.5 ~ee ,_=_ =--~h~r stated there was a
exi tract is 20 feet ~ ...... ~ ond a oas station on this
velo ttt~ ~
ora I for retail ?f~_~, ~ the full square foot~ _~s
~_ the etitmon~z= ...~d _ n for rig~-~-
corner and E e ro erty was-take . . .
or1' ina' lly planned b~fo~e ~h ~p revlewedP · the petition and. f~ds
.... ~ ~hm stated that s~aff h~s ...... ~ + e Com rehensmve plan
it~ to be' compatible wmu,,
and does recommend approval.
H. Fee, III=, Esquire, Agent for the petitioners, appeared
the CommisSion. He stated this was strictly a curative
fication :and curative rezoning for the purpose of
the same number of square feet as previously classified
· 1 year or two ago. It results from
to general commerCla use some
of eminent domain by the County for the expansion of
Road and South 25th Street. He stated he had nothing
to add to staff comments but was available for any
He. asked that his statements also be incorporated
next agenda item.
patricia Ferrick appeared before the Commission. She stated she
had a~tended this'evening to ask about the square footage that
was being recouped and her questions had already been answered.
There being no further comments in favor of or in opposition to
Chairman Terpening closed the public portion of the
hearing.
considering the testimony presented during the public
including staff comments, and the Standards of Review as
in Section 5.3.300, St. Lucie County Zoning Ordinance,
moved that the Planning and zoning Commission
that the St. Lucie County Board of County Commissioners
~rovaI to the petition of Robert C. Fender, Sr., Robert
C. Jr., and.David A. Fender for a change in Land Use from
RU sidential Urban) to COM (Commercial)- Motion was seconded
. King, and upon roll, the Board voted unanimously in favor
petition.
Terpening informed the petitioners' agent that the
ion will be forwarded to the Board of County~!~g[~%~C°mmi~~s
with a recommendation of approval
Agenda Item: 9 3
File Number: pA-90-001
TO:
FROM:
DATE:
SUBJECT:
Planning and zoning commission
planning Administrator
ZONING:
A~ril 18, 1990
Petition of Robert C. Fen~er, St-, Robert C.
Fen~er, Jr., an~ DaVia~ Fen~er, by their Agent
Fr~nkH.~ Fee, III- Esq. to Amend the Future Land
Use Map of the St. 5ucie county_Comprehensive from
RU (Residential, Urban) to COM (Commercial)
Small "5" shapedparcel in the same
ownership as a larger tract at the
southwest corner of Midway Road and
South 25th Street
CN (commercial, Neighborhood)
LAND USE
ON:.
(Residential, Urban)
LAND USE
, ON:
SI ~.E:
USE:
SERVICE:
ADEQUACX:
COM (commercial)
0.314 acres
To recoup land designated
commercial use to balance
that was taken by eminent
action for right-of-way for
Road and South 25th Street.
RU to the west on Midway Road and
to the south along S. 25th Street
COS north along Midway Road, RU on
south side of Midway Road
Station 96, 350 E. Midway,
approximately 2 miles east
TO be provided on site
No additional right-of-waY
required.
for
land
domain
Midway
RS-4
the
.is located
will be
18, 1990
2
'- Petition: Fender'
File No.: PA-90-001
In reviewing this application for proposed amendment to
~ive Plan, the Local Planning Agency shall consider
following determinations:
the ~',~ ·
and
WHether the prcposea amen4ment is consistent
all elementS of the .$~- Lucie ~ount¥
~om~rehensive plan;
The proposed amendment is generally
with commercial development polices
Comprehensive Plan.
consistent-
of the
e
amenament is conszste~ with the existing an~
proposea lan~uses in this area;
The proposed amendment is generally consistent
with existing and proposed commercial and
residential land uses in this area.
The proposed development is not-expected to create
an increased demand on facilities.
e
amen~men= wuu~ ~__~-- s~ecifi~all~ i~enti~ng ~x
~evelopmentpat%ern, ~
negative effectS on such pattern;
The. proposed amendment is consistent with the
development policies of the St. Lucie County
Comprehensive Plan. No negative effects are
anticipated as a result of slight expansion of a
commercial land use designation-
Page 3
.............................................. Petition:
1990 ~le No.:
Fender
pA-90-C
The petitioners, Robert C. Fender, Sr., Robert C.' Fender,
jr., and David A. Fender, are proposing to amend the Future
Use designation from RU to COM on a parcel of property located
along the west and south borders of an already commercially zoned
parcel on the southwest corner of Midway Road at South 25th
Street ........ They wish to.-recoup landan~am°unt of ..... commercial land
t Ls previously designated for commercial use but taken for
for MidwayRoad and South 25th Street. The width
strip west of the existing commercial strip is 35.5 feet,
and strip south of the existing tract is 20 feet wide.
staff has reviewed this petition and recommends this
forward to the Board of County Commissioners a
of approval. If you have any questions about this
please feel free to contact us.
PAg0-O01
cc:
County Attorney
Assistant County Administrator Kindred
Robert C. Fender, Sr.
Press/Public
suggested motion ~0 approve/denY this requested
change in zoning~'
~)TION TO APPRQVE~
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE
HEARING, iNCLUDING STAFF COMMENTS, AND THE STANDARDS_ i'
RE%riEW AS SET IN SECTION 5~ 3. 30..0, ST. LUCIE COUNTY ..
ORDINANCE, I HEREBY MOVE THAT THE PLANNING AND ZONING''~-' '~''"
COMMISSION 'RECOMMEND
THAT THE ST. LUCIE
GRANT APPRovAL TO
COUNTY COMMI S SI ONERS
ROBEP-T C. FENDER, S]L, ]~OBEP~T C. FENDER, Jl~, AND DAVID
FEND~ FOR A 'CHANGE IN LAND USE FROM RU (RESIDENTIAL,
COUNTY BOARD OF ~:
PETITION" OF.!:
THE
TO COM (coMMERCIAL) -
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC
HEARING, .INCLUDING STAFF COMMENTSi AND THE- STANDARDS OF
REVIEW AS SET IN SECTION 5. 3. 300, ST. LUCIE COUNTY.. ZONING
ORDINANCE, I -HEREBY'MOVE THAT THE pLANNING _AND zONING
COMMISSION RECOMMEND. THAT THE ST. LUCIE cOUNTY BOARD OF
cOUNTY COMMISSIONERS DENY THE pETITION OF p~O.BEP~T C. FENDER,
~R., P~OBEI~ C. FENDEP~ JR., & DAVID A. FENDE~ FOR A CHANGE
IN LAND USE FROM RU (RESIDENTIAL, URBAN). TO COM
( COMMERCI AL).
BECAUSE ........
[CITE REASON WHY - PLEASE BE SPECIFIC. ]
AGENDA - LOCAL PLANNING AGENCY
THURSDAY
APRIL 26, 1990
7:00 P.M.
Petition of Robert C. Fender, Sr., et al, by Agent: Frank H.
Fee, III, Esquire, to amend the Future. . _ Land Use. Classification_._ of
the St.. Lucie county Growth Management PoliCy Plan from RU
(Residential, Urban) to COM (C°mmercial) for the following
described property:
" See Attached Legal Description
(5ocation: Southwest corner of Midway Road and South 25th Street)
Please note that all proceedings before the Local Planning
Agency are electronically recorded- If a person .decides to
appeal any decision made by the Local Planning Agency with
any matter considered at such meeting or hearing, he
a record of the proceedings,-and that, for such
may need to ensure that a verbatim record of the
is made,-which' record includes-the t~stimony and
ex tdence upon which the appeal is to be based, Upon the-request
o: any-party to the proceeding, individuals testifying during a
hl ~ing will be sworn in. Any party to the proceeding will be
:ed an opportuni~ to cross-ex~mine any individual testifying
a hearing upon request. Written comments received in
of the public hearing will also be considered-
PriOr to this public hearing, notice of. the same was sent to
April 11, 1990. Legal notice was
a newspaper of general circulation
a~ll adjacent property owners
Published in the News Tribune,
~n St. Lucie County, on April
5, 1990-
FILE NO. PA-90-001
a= the Northeast corner of the North 340 feet of
,asr 1/4 of the Northeast 1/4 of the Southeast 1/4
5, Township 36 South, Range-40 East, less the North
the East 35 feet for road rights-of-way, thence run
along the Southerly right-of-way of West Midway Road (White
~-' Road) a distance of 210.5 feet, thence run South on a 'line
Llel to the West right-of-way-of South 25th Street (Hawley
a distance of 145-0 feet, thence run Easterly on a
~llel-to the south right-of-way line of West Midway
Lte-"City Road)'a distance of 210.5 f~et"-t6-the"West rightz°f-
way line of South 25th Street (Hawley Road), thence run Northerly
along said right-of-way to the Point of Beginning:-
LESS AND EXCEPTING THEREFROM the following:
" 1. Begin at the Northeast corner of the North 340 feet of
the Northeast. i~4 of the Northeast 1/4 of the Southeast.
1/4 of.Section 5, Township 36 South, Range 40 East,
less the North 40 feet and the East 35 feet for road
rights-of-way, thence run West along the Southerly
right,of-way of West Midway Road (White City Ro-ad)-a
distance of 175 feet, thence run South on a line
parallel to the-West right-of-way'of South 25th Street
(Hawley Road). a~ distance of-125.0 feet, thence run
Easterly on a line parallel to the South right-of-way
line of West Midway Road (White City Road) a distance
.~- of 175 feet to the'West right-of-way line of South 25th
Street (Hawley Road), thence run Northerly along said
right-of-way to the Point of Beginning.
2. The West 35.5 feet and the South 20.0feet of the above
described real.propertY that falls within the Order of
Taking entered on December 14, -1989, in'that certain
civiI action entitled St. Lucie County, etc-, vs.
Robert. C. Fender, Sr., et-al., Case No. 89-1490-CA-05
before the Circuit Court in and for St. Lucie Count~,
Florida.
LAND USE
COM = GREEN
RU = ORANGE
RS = BLUE
05- 6-40
IDWAY~-RO~
pE-FI~FION OF ROBERT C. FENDER (SR. & JR. )
AND DAVID A. FENDER
BY .AGENT: FRANK H. FEE III, ESQ.
A CHANGE IN ZONING CLASSIFICATION FROM CN TO CC
CURRENT ZONING
CG = BLUE
AR-1 = ORANGE
CN= PURPLE
= ,BROWN
-3 : GREEN
RS-2 = RED
05- 6-40
W.~ MIDWAY~R
PETIT-ION OF ROBERT C. FENDER (SR. & JR. )
AND DAVID A. FENDER
BY AGENT: FRANK H. FEE III, ESQ.
FOR A CHANGE IN LAND USE CLASSIFICATION
FROM RU TO COM
3302
Fort
4
c~rald
III,
34954
&Leasing Corp.
Rd. 2
~3498
34948
[lobe rt C ~ Fende r, S r.
Rok~e_rt C. Fender, Jr.
[kavid A. Fender
p.o. Box 1000
Fort Pierce, FL 34954
OTHER PROPERTY OWNERS NOTIFIED
2
Sun Bank of St. Lucie County
P.O. Box 8
Fort Pierce, FL 34954
James L. Strawn.DOS PA
5050 S. 25th St.
Fort Pierce, FL 34981
David A. Fender
3700 Okec~hobee
Fort Pierce, FL
34947
13 SWSeventh Street Corp.
13 sw7thSt.
Miami, F~ 33130
6
Irene H. Reese
2401 W. Midway Rd.
Fort Pierce, FL 34981
Doran
Leas Rd,
3469
8
David& pamela Grant
2590Rainbow Dr-
Fort Pierce, FL 34981
9
John& Clara Jackson
2630Raink~Dr-
Fort Pierce,'FL 34981
10
Fo~
13
Lot t
pete'
2500
Fort
Randleman
34981 '
34981
34981
tl
Arthur & Dorothy Rose
2690 Rainbow Dr.
FOrt Pierce, FL 34981
14
Ben D. Emerson
John P. Svec
2301 Sunrise Blv.
Fort Pierce, FL 34982
Lot 2
Thon~%s & shirley b~nn
2502 Gray Twig
Fort Pierce, FL 34981
12
Charles & KazueMore
2730RainbowDr-
Fort Pierce, FL 34981
15
Fla-. Coast Investors LTD
c/oRhodesHoldings Inc-
250 Australian Ave-, S.
Ste 1405
West Palm Beach, FL 33401
Lot 3
Joseph & Gina Noelke, Jr.
2504 Gray 7\~i9 Ln.
Fort Pierce, ~ 34981
LO~ ~4
III
~ I~t 5
l%aymond & p~tty Litaker
2508 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 6
Edward & Norma~itaker
2504 Isola Bella Dr.
Fort Pierce, FL 34981
Lot 7
Grif£ith
Vincent & Veronica siki~r, Jr-
2600 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 9
christopher L. wilson
Debra L. Wilson
2602 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 10
34981
LOt 16
Ronnie &LindaChildress
2605 Gray Twig Ln.
Fort Pierce, .FL 34981
Lot 17
James& jean Brannock
2603 Gray Twig Ln.
Fort Pierce, FL 34981
LOt i8
34981
Jr o
Lot 19
Heinz &Marie Sinner
2513 Gray TwigLn-
Fort Pierce, FL 34981
LOt 20
Stanley &Mary Wrobleski
2511 Gray Twig Ln.
Fort Pierce, FL 34981
LOt 21
34981
Lot 22
George A. Wiggin
James D. Dixon
2507 Gray Twig Ln.
Fort Pierce, FL 34981
LOt 23
william& Ellen Tulley
2505 Gray TwigLn-
Fort Pierce,' FL 34981
Lot 24
Fort Pierce4
Fort
LBo
34981
av.
FL 34982
Lot 25
Thomas &Mary Locey
2501 Gray Twig Ln.
Fort Pierce, FL 34981
State Roads
State of Fla- Rc~d Dept.
3111S. Dixie Hwy-, ~112
~il Box 122
West palm Ewe_ach, ~L 33405
16
River Branch Dev. Corp.
c/o Mitchell L. Berkowit~
648 US Hwy. 1
N. Palm Beach, FL 3340
17
2282 Rd.
Fort Pierce, Fl. 34981
Capobian~
G. Capobianco
34981
ST.
ICathleen K. LeClair, who on oath
business manager of The
at Fort Pierce in St.
that the attached copy of the
Sr.
.! .a..n.d.....u..s. _e. .....................
newspaper in the issues of
~d ~ewSl~per h~s hereto~me
Fk~.ld~ e~ch day and l~s been
o~e year ~t precedin8 the
'.of
'TING
) t4odhe(~t
of.
.the of -
36.
less
feet
~eet of
real
Foa Piece, SL Lude C.%~dy, FI0dda 349S4
STATE OF FLORIOA
cOONTY OF ST. CJClE
authority personally appeared
or Kathleen K. LeClair, who on oath
he/she is publisher, business manager of The
Tribune, a daily newspaper published at Fort Pierce in St.
Florida; that the attached copy of the
a ............. N .o.~c.e.. ...................................
Roberi' '~'[ '~'~nder, Sr., et al
w i in said newspaper in the issues of
5/2/90 ....................... ~ ...................
.. .................... ...... ::'"':::"';L'.;;~,'~'~ a ne,~,a~ V,~],n-~t at Fort
:Affiant frtrther Says tJaat -ll~e inures_ . - r ........ -'~- has heretozore
· Florida, and that the sma
· saidst LudeCount~ _ . 'cla. eachda andhasbeen
m ' · St. Lude County, Flon . Y
tinuousl ublishecl in · · in said St
been con Y P · t the asr office m Fort Pierce,
: nd class mail matter a p din the first
enl~ecl as seco ... ...... ;-,~ of one year next prece g .- .
Lude COunty, vlor~aa/ z.or a F~_~-_,-a~ff,~.~,,,~e~t: and affiant ttlrther says
,Ublication of the attached copy.Ox a~vT~, i.~ or co~-i:)oration ally discount,
~e has neither paid nor p. rom~ ,_i~_ a.an~L,l~,~ of securing'this advertisement for
rebate, commission or remna ~o~ -,~
· ...... : ..........
· ........ : .............. :
i'~EAL) Not;r~ublic
LUCre ~. ~ ~r of to ~n~ '~-t M~dway Roaa
~ham~[al~stratlon Ilffi ol ~,, Dna~ a dis-
ce of ~75 lee~
BulI~. g ..- F~ p~rce, tan~ ~-~f-w~v line
nla Ave~w;~-~ oubllc Wesz
Florida nOl~ -- -- South 2~m ~ ru~ Noflh-
Petition bY e~ ~'~oint of
of Robe
- -1 1 aiffig
~ 35.5 fe~u~re
~s~ .L ..... classlflca- ~ .~_ e~, ah 20 0 leer
CyT~ lf~d~..~' coM the', ~'L-~mbet
rial, uroa~zl.'~or the ~-e~ete~°~ain
~owlng described ~ ~ti~ entitled
pro~: ~st ' counW, elc.,
;~gln c~se
;ounW.
ail
for, the
cmY
feet,
on
)! the
that. tot
· of the
~ made.
the
' 340~
th~
TUESDAY
22, 1990
9:00 A.M.
AGENDA -BoAHD OF couNTY COMmIsSIoNERS ~AY
petition of Robert C. Fender, Sr., et al, by Agent: Frank H.
to amend the Future Land use Classification of
plan from RU
Fee, county Growth Management PoliCy
(Residential' urban) to COM (commercial) for the follOWing
described propertY:
he wi that a verbatim record of the
may need to enSUre includeS the testimony and
pTocee~ing.s is made, which record
ty to the proceeding, individualS testifying during a
ll be sworn in. Any party to the proceeding will be
opportunity to cross-examine any individual testifying
Leafing upon request- written commentS received in
a public hearing will alSO be considered-
to thiS publiC hearing, notice of the same was sent to
ent property ownerS May 7, 1990. Legal notiCe was
in the NeWS Tribune, a newspaper of general circulation
in S~- Lucie county, on May 2, 1990.
BOARD OF cOUNTY COMMISSIONERS
ST. LucIE couNTY, FLORIDA
/s/ R. Dale Trefelner, chairman
FILE NO. pA-90-001
Begin at the N
fee2~°n_s, Townshi_ ,~e_ Northeast ~,~ne North 3 _ .
c and the Eao~ k~ o0 SOUth ~_ ~/~ of the 0_40 feet of
~u oO fe~ ~ · ~ange .4~ ~ . oOUth~ ....
along the SOUthe .
~ rot rOad r~ ~ast, less ~u 1/4 of
Road~ ~ ~ Ene West _~ ~.'~ feet, t~- ~ ~-~uway Ro=~
Parall=~ ~Stance of z=g~t Of_way o~ o_e .run Sou+~ { n~te Cit
. ~. co t l~o.u fe ' ~ oout~ ~ on . , y
(White ~+,, ~ he South -~ _ et, then __ 25th St . a
wa .... ~ ~oad) a =~ -&&g~t-of-w=,, ~e run Easte ~et (Hawle
~Zong sa'~ _~urn 25th S+~or 210.5 f~j ~ West ~n '* =
~-way to th~'~&eY Road~ 2~,,u 'est
t ~ neglnning, erly
LESS1.~D EXCEPTING THEREFROM the fOllowing:
giat the NOrtheast COrner o
heNortheast 1
~/4 of Sect~.~/~ of tbs No~- f ~he Nort
· ess the ~r~iYY o, TOwno~ ~i~east 1/4
r~ght-of .... 3=y-- thence ~]][= .~ne East 3~
Parallel +~ %.~'~ feet ~=~ ~oad (Wh~%
(Hawl~,, ~u rne West _~'_~*ence r .... e C,
aSterlv ~ = uiS%an .... way of So~+A
line o~=,.,~**. a line n=~_~3 or 125 n ~
,~ a/o feet t~ ~way Road tWb=~~ one South
to the POint of zun Northerly
2.
Beginning.
The West 35 5 f
~escribed re_~ eet and the o_ _.
-x'aking en~~ Propert~ ~_?ou~n 20 0 F=~ _
~=redon D~cember- = u~a~ fa~ ,.,' .r~=c o~'
14 ll~n~lthin th~
Civil action entitled St. Lucie~' ~o~, ~n' that-
Robert C. Fender, ~., et al., County, et
before the Circuit
Florida. uourt in and Case No. 89-14
for S%. Lucie
Frar~< H. Fee III, Esq.
P.O. Box t000
Fort Pierce, FL 34954
1
3DDevelot~nent & Leasing Corp.
3302 Enterprise Rd.
Fort Pierce, FL 34982
PRO tTY OWNERS IN PETITIONED AREA
Robert C. Fender, Sr.
Robert C. Fender, Jr.
David A. Fender
P.O. Box 1000
Fort Pierce, FL 34954
OTHER PROPERTY OWNERS NOTIFIED
2
Sun Bank of St. Lucie County
P.O. Box 8
Fort Pierce, FL 34954
David A. Fender
3700 Okeechobee Rd.
Fort Pierce, FL 34947
13 SWSeventh Street Corp.
13 SW 7th St.
Miami, FL 33130
Gerald & Judy James
211 S. 2nd St.
P.O. Drawer 3351
Fort Pierce, FL 34948
5
James L. Strawn DDS PA
5050 S. 25th St.
Fort Pierce, FL 34981
6
Irene H. Reese
2401 W. Midway Rd.
Fort Pierce, FL 34981
7
Donald & Louise Doran
19938 Wilkinson Leas Rd.
Tequesta, FL 33469
8
David & Pamela Grant
2590 Rainbow Dr.
Fort Pierce, FL 34981
9
John & Clara Jackson
2630 Rainbow Dr.
Fort Pierce, FL 34981
10
Donola Sprinkle Randleman
2660 Rainbow Dr.
Fort Pierce, FL 34981
11
Arthur & Dorothy Rose
2690 Rainbow Dr.
Fort Pierce, FL 34981
12
Charles & KazueMore
2730 Rainbow Dr.
Fort Pierce, FL 34981
13
Fay C. Potter
2790 Rainbow Dr.
Fort Pierce, FL
34981
14
Ben D. Emerson
John P. Svec
2301 Sunrise Blv.
Fort Pierce, FL 34982
15
Fla. Coast Investors LTD
c/oRhodes Holdings Inc.
250 Australian Ave., S.
Ste 1405
West Palm Beach, FL 33401
Lot 1
Pete Smits, Jr.
2500 Gray ~.ig Ln.
Fort Pierce, FL 34981
Lot 2
Thomas & Shirley ~nn
2502 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 3
Joseph & Gina Noelke, Jr.
2504 Gray Twig Ln.
Fort Pierce, FL 34981
Lot4
James & ~onna Smith, III
2506 Gray Twig Ln.
Fort Pierce, FL 34981
Raymond & Betty Litaker
2508 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 6
Edward & NormaWhitaker
2504 Isola Bella Dr.
Fort Pierce, FL 34981
Lot 7
Leslie & ShirleeGriffith
2512 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 8
Vincent & Veronica siktar, Jr.
2600 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 9
Christopher L. Wilson
Debra L. Wilson
2602 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 10
Edgar & Barbara Lane
2604 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 16
Ronnie & Linda Childress
2605 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 17
James & Jean Brannock
2603 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 18
James & Carol Stainoff, Jr.
2601 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 19
Heinz &Marie Sinner
2513 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 20
Stanley & Mary Wrobteski
2511 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 21
Jack &Ardell Lange
2509 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 22
George A. Wiggin
James D. Dixon
2507 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 23
William& Ellen Tulley
2505 Gray TwigLn.
Fort Pierce,' FL 34981
LOt 24
Medora L. Chaney
2503 Gray Twig Ln.
Fort Pierce, FL 34981
LOt 25
Thomas & Mary Locey
2501 Gray Twig Ln.
Fort Pierce, FL 34981
16
River Branch Dev. Corp.
c/o Mitchell L. Berkowitz
648 US Hwy 1
N. Palm Beach, FL 33408
County Roads
St. Lucie County Adm.
Bldg. Annex
Road Right-Of-Way
2300 Virginia Ay.
Fort Pierce, FL 34982
State Roads
State of Fla. Rc~d Dept.
3111 S. Dixie H~%-., %112
~i] Box 122
West Palm Beach, FL 33405
17
M3_dway Rd.
Fi. 34981
17
~ian~
G. Camob~
34981
BOARD OF COUNTY
COMMISSIONCRS DCVCLO PMCNT
DIRCCTOR
TERRY L. ~R~, AICP
In compliance with the provisions of the Florida Statutes, you
are hereby advised that Robert C. Fender, Sr., et al, by Agent:
Frank H. Fee, III, Esquire, has petitioned the Board of County
Commissioners to amend the Future Land Use Classification of the
St. Lucie County Growth Management Policy Plan from RU
(Residential, Urban) to COM (Commercial) for the fOllowin~
described property:
See Attached Legal Description
(Location: Southwest corner of Midway Road and South 25th Street)
A public hearing on the petition Will be held at 9:00 A.M. on
Tuesday, May 22, 1990, in St. Lucie County Commission Chambers,
third floor of County Administration Building Annex, 2300
V~rginia Avenue, Fort Pierce, Florida. Ail interested Persons
Will be given an opportunity to be heard at that time.
considered,comments received in advance of the public hearin~ Will also Written be
Please note that all proceedings before the Board of County
Commissioners of St. Lucie County, Florida, are electronically
recorded. If a person decides to appeal any decision made by the
Board of County Commissioners W~th respect to any matter
considered at such meeting or 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. Upon the request of any party to the proceeding,
individuals testifying during a hearing Will be SWorn in. Any
party to the proceeding Will be ~ranted an OpPortunity to cross-
examine any individual testifying during a hearing upon request.
If YOu no longer own property adjacent to the above-described
parcel, please forward this notice to the new Owner. If you
should have any questions, additional information may be obtained
by Calling Area Cods 407, 468-1705 and referencing the F~le
Number found below. South COunty residents may Call toll-free
878-4898, ask for extension 1705.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA /
R. Dale Trefelner, Chairman
FILE NO. PA-90-001
HA~RT h FENN DisrFi~ No. 1 · JUDY CULPEPPER, DistFiCrcoun~No. 2Adm ·JACK. nistrotorKR;EGER,_ J~£sDiStriCrv. N°CHISHO~,3 ® R. DALE TREFELNER, DistF;cr NO. 4 · JJM MINIX, District No. 5
2300 Virginia Avenue · Fort Pierce, FL 34982-5652
~/. LUCIE/ELEPH ~ ........ ' 07) 468-157 ~ ~ ~, ~' ~j%,~ ~
Begin at the Northeast COrner of the North 340 f
Northeast 1/4 of ~he Nort
Section 5 T ........ heast 1/4 ~ ~ eet of th~
feet and ~ %~n~ ~6 South, Ran~ ~t ~e Southeast 1/4
along the Southern-_{e~ f~r road rights-of_&~, es~the North 40
210.5 feet, then~ .... Y Roa~ (White Cit
~ ~un So . Y
parallel to the West right-of-way of South 25th Street
uth on a l~ne
Road) a distance of 145.0 feet, thence run Easter
parallel to the South right-of-way line of West
(White City Road) a distance of 210.5 feet to the West
way line of South 25th Street (Hawley Road), thence run
along said right-of-way to the Point of Beginning.
LESS AND EXCEPTING THEREFROM the following:
1.
Begin at the Northeast corner of the North 340
the Northeast 1/4 of the No
1/4 of Section 5 .... rtheast 1/4 of th
less the North fow S p South. t°`
rights-of_w=~ ~ zeet and the East ~= ~'~U
right-of .... ~3,_cnence run West ~_ ~ ~ee~
· -~y o~ West id ~xong the So
distance of 175 feetM. ~Y Road (White City
~arallel to the West rich~ epce run South o
!Hawley Road) a dista~-°~-~ of South 25'
Easterly on a line -~ ~ o~ 12b.0 feet,
line of West Midway P~raa~±~_t~ the South r
of 175 fee+ ~ ..... %~ni~e City Road
~ ~u une wes~ right-of-way line ff
Street (Hawley Road), thence run Northerly al~
right-of-way to the Point of Beginning.
2. The West 35.5 feet and the South 20.0 feet of
described real property that falls within the
Taking entered on December 14, 1989, in that
civil action entitled St. Lucie County,
Robert C. Fender, S~., et al., Case No. 89-14
before the Circuit ourt in and for St. Lucie
Florida.
NOTICE
NOTICE IS HEREBY GIVEN that the Board of County
Commissioners for St. Lucie County, Florida, will at 9:00 A.M. on
Tuesday, May 22, 1990, in St. Lucie County Commission Chambers,
third floor of County Administration Building Annex, 2300
Virginia Avenue, Fort Pierce, Florida, hold a public hearing on:
Petition of Robert C. Fender, Sr., et al, by Agent: Frank H.
Fee, III, Esquire, to amend the future land use classification of
the St. Lucie County Growth Management Policy Plan from RU
(Residential, Urban) to COM (Commercial) for the following
described property:
See Attached Legal Description
(Location- Southwest corner of Midway Road and South 25th Street)
Please note that all proceedings before the Board of County
Commissioners are electronically recorded. If a person decides
to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting or 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. Upon the request
of any party to the proceeding, individuals testifying during a
hearing Will be sworn in. Any party to the proceeding Will be
granted an opportunity to cross-examine any individual testifying
during a hearing upon request. Written comments received in
advance of the public hearing Will also be considered.
If it becomes necessary, these public hearings may be
continued from time to time.
Dated this 27th day of April, 1990.
PUBLISH: May 2, 1990
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
/s/ R. Dale Trefelner, Chairman
Begin at the Northeast corner of the North 340 feet of the
Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of
Section 5, Township 36 South, Range .40 East, less the North 40
feet and the East 35 feet for road rights-of-way, thence run West
along the Southerly right,of-way of West Midway Road (White City
Road) a distance Qf 210.5 feet, thence run SOuth on a line
parallel to the West right-of-way, of South 25th Street
Road) a distance of 145.0 feet, thence run Easterly on
parallel to the South right-of-way line of West Midway Road
(White City Road) a distance of 210.5 feet to the West right-
way line of SoUth 25th Street (Hawley Road), thence run Northe
along said right-of-way to the Point of Beginning.
LESS AND EXCEPTING THEREFROM the following:
1.
Begin at the Northeast corner of
the Northeast 1/4 ~ ~ ..... ~he North 340 fee
~ ~o ~outn, Range 40 East,
less the North 40 feet and the East 35 fe~t for roa~
r~h~s o~ ~ay, ~hence .run West along the Southerly
right-of way of West Midway Road (White City Road) a
distance of 175 feet, thence run S
parallel to ~ ,., ...... _ outh on a
(Hawley Road) a distance of 125.0 feet, thence run
3 u~ ~OUth 25th Street
Easterly on a line parallel to the South right-of-way
line of West Midway Road (White City Road) a distance
of 175 feet to the West right-of-way line of South
Street (Hawley Road), thence run Northerly along
right-of-way to the Point of Beginning.
2. The West 35.5 feet and the South 20.0 feet of the above
described real property that falls within the Order of
Taking entered on December 14 1989 in that certain
civil action entitled ' ,
St. Lucie County, etc., vs.
Robert C. Fender, Sr., et al., Case No. 89_1490_CA_05
before the Circuit Court in
Florida. and for St. Lucie County,
A G E N D A R E Q U E S T
D A T E Apr. 25, 1990
REGULAR SPECIAL CONSENT
REQUEST PUBLIC WORK
PRESENTATION HEARING SESSION
May 1, 1990
ITEM DESCRIPTION - SUBJECT:
COMMUNITY DEVELOPMENT - ZONINC
PERMISSION TO ADVERTISE THE FOLLOWING ZONING ~TITIONS FOR
PUBLIC HEARINGS TO BE HELD ON 5-22-90: pA_,90,~Q0~ RZ-90-015,
RZ-90-013, RZ-90-01?, CU-90-005, RZ-90-019, RZ-90-018, RZ-
90-020, RZ-90-016, CU-90-004, RZ-89-027, CU-90-009.THE
GENERAL TITLES AND LOCATIONS FOR THESE PETITIONS ARE FOUND
ON THE ATTACHED BACKUP PAGE.
RECOMMENDATION:
ZONINGAPPROVEpETiTiONs.ADVERTISING FOR PUBLIC HEARINGS FOR THE ABOVE LISTED
FUNDS AVAILABLE: ACCOUNT NUMBER
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
'~'er~-y~irta ~ DEPARTMENT 151000
Corm,unity Development
BOARD OF COUNTY COMMISSION ACTION
DATE
James V. Chisholm
County Administrator
COMMUNITY DEVELOPMENT (ZONING)
1. RZ-90-020 Petition of Kenneth p. and Barbara
Foster, for a change in zoning from RS-4
(Residential, Single Family - 4 du/ac) to IL
(Industrial, Light).
Location: Southwest corner of Avenue D and
North 45th Street, approximately 600 feet
south of Metzger Road
2. RZ-90-017
3. RZ-90-013
4. RZ-90-019
5. RZ-90-016
6. CU-90-004
Petition of Meadowood Development
Co__~oration, ~nt: Joseph j. DeRoss, Jr,
Es_~, for a change in zoning from PU~
(Planned Unit Development) to U (Utility).
Location: Approximately 400 feet east of 1-95
and 750 feet north of Knollwood Lane
Petition of Westside Baptist Church, b~
Agent: Norman ~¥slip for a change in zoning
from RM-5 (Residential, Multiple Family - 5
du/ac) to RF (Religious Facility).
Location: 3361 S. Jenkins Road
Petition of Mary Sue Neill, by Agent: Rober [.
M. Lloyd, E-~q. for a change in zoning from
~S-3 (Residential, Single Family - 3 du/ac)
to CG (Commercial, General).
Location: East side of South Jenkins Road,
approximately 425 feet south of Okeechobee
Road
Petition of Perillo Museum of Western Art,
Inc''b~t: Michael Olenigk, E~~,, for a
change in zoning from HIRD (Hutchinson Island
Residential District) to I (Institutional).
Location: West side of State Road A-i-A,
approximately 1/3 mile north of Surf Drive
Petition of Perillo Museum of Western Art,
Inc'' b~t: Michael Olenick, Es .~, for-a
Conditional Use Permit to construct an art
museum in I (Institutional) zoning.
Location: West side of State Road A-I-A,
approximately 1/3 mile north of Surf Drive
7. PA-90-001
8. RZ-90-015
9. CU-90-005
10. RZ-90-018
11. RZ-89-027
12. CU-90-009
Petition of Robert C. Fender, Sr., et al, b~(
Agent: Frank H. Fee, III, Esq. to amend the
Future Land Use Classificati6n of the St.
Lucie County Growth Management Policy Plan
from RU ( Residential, Urban ) to COM
( Commercial ) .
Location: Southwest corner of Midway Road and
South 25th Street
Petition of Robert C. Fender, Sr., et al, by
Agent: Frank H. Fee, III, Esq., for a change
in zoning from CN (Commercial, Neighborhood)
to CG (Commercial, General).
Location: Southwest corner of Midway Road and
South 25th Street
Petition of Jay Ambe, Inc., by Agent:
Gauranqe Bhatt, President, for a Conditional
Use Permit to operate a retail store for the
sale of beer, wine, tobacco and sundries in
CG (Commercial, General) zoning.
Location: 475-C N.E. RioMar Drive
Petition 'of W. Dudley and Jerry Ruth Skaqgs
for a change in zoning from AR- 1
(Agricultural, Residential, 1 du/ac) to CO
( Commerci al, '0ffi ce ).
Location: 3192 W. Midway Road
Petition of Casey/Carlton Development, Inc.,
by Agent Reid Vannoy, for final PUD (Planned
Unit Development) plan approval.
Location: West side of Indian River Drive,
directly north of Martin County Line
Petition of Steve Barnett, Inc. for a Major
Adjustment of an existing Conditional Use
Permit to install a paint booth in a separate
protective enclosure in CG (Commercial
General) zoning.
Location:
Pierce
5555 South U.S. Highway #1, Ft.
Agenda Item:
File Number: PA-90-'00!
ME MORAND U.~
TO:
FROM:
DATE:
SUBJECT:
Planning and Zoning Commission
P1 anning Admi nis trato~
April 18, 1990
Petition of Robert C. Fender, Sr., Robert
Fender, Jr., and David~ Fender, by their
Frank ~ Fee, III, Esq. to Amend the Future
Use Map of the St. Lucie County.Comprehensive
RU (Residential, Urban) to COM (Commercial)
Small "L" shaped parcel in the
ownership as a larger tract at
southwest corner of Midway Road
South 25th Street
EXISTING ZONING:
EXISTING LAND USE
DESI G~ ON:
~CEL ~I
~ROPOS~ USE:
SURROUNDING ZONING:
FI RE/I/I~ PROTECTION:
WATER/SEWER SERF/CE:
RIGHT-OF_WAY ADEQUACY:
CN (Commercial, Neighborhood)
(Residential, Urban)
COM (Commercial)
0.314 acres
To recoup land designated
commercial use to balance
that was taken by eminent
action for right-of-way for
Road and South 25th Street
RU to the west onMidway Road and
to the south along S. 25th Street
COM north along Midway Road, RU on
south side of Midway Road
Station #6, 350 E. Midway,
approximately 2 miles east
To be provided on site
No additional right-of-way will
required.
RS
is loca=,
~p~il !8,
Page 2
1990
Petition: Fender
File No.: PA-90-00!
S~ANDARDS FOR lP,]~"VI~
In reviewing this application for proposed amendment to the
Comprehensive Plan, the Local Planning Agency shall, consider and
make the following determinations:
Whether the proposed amendment is consistent with
all elements of the St. Lucie County
Comprehensive Plan;
The proposed amendment is generally
with commercial development polices
Comprehensive Plan.
consistent
of the
Whether and the extent to which the proposed
~mendment is consistent with the existing and
proposed land uses in this area;
The proposed amendment is generally consistent
with existing and proposed commercial and
residential land uses in this area.
Whether and the extent to which the proposed
amendment would result in demands on public
facilities, and whether or to the extent to which
the proposed amendment would exceext the capacity
of such public facilities, includ/ng but not
limited to transportation facilities, sewage
facilities, water supply, parks, drainage,
schools, and emergency medical facilities;
The proposed development is not expected to create
an increased demand on facilities.
Whether and the extent to which the proposed
amendment would result in an orderly and logical
development pattern, specifically identifying any
negative effects on such pattern;
The proposed amendment is consistent with the
development policies of the St. Lucie County
Comprehensive Plan. No negative effects are
anticipated as a result of slight expansion of a
commercial land use designation.
April !8, 1990
Pa'ge 3
~Peti ti on: Fender
File No.: PA-90-001
COMME~$
The petitioners, Robert C. Fender, Sr., Robert C.
Jr., and David A. Fender, are proposing to amend the Future L~
Use designation from RU to COM on a parcel of property located
along the west and south borders of an already commercially zoned
parcel on the southwest corner of Midway Road at South 25th
Street. They wish to recoup land an amount of commercial land
that was previously designated for commercial use but taken for
right-of-way for Midway Road and South 25th Street. The width
of the strip west of the existing commercial strip is 35. 5 feet,
and the strip south of the existing tract is 20 feet wide.
Staff has reviewed this petition and recommends this
Commission forward to the Board of
County Commissioners a
recommendation of approval. If you have any questions about this
matter, please feel free to contact us.
PA90-001
CC:
County Attorney
Assistant County Administrator Kindred
Robert C. Fender, Sr.
Press/Public
Suggested motion to approve/deny this requested change in zoning
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC
HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF
REVIEW AS SET IN SECTION 5. 3. 300, ST. LUCIE COUNTY $ONING
ORDINANCE, I HEREBY
COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD
COUNTY COMMISSIONERS GRANT APPROVAL TO THE PETITION
ROBERT C. FENDER. /~R. . ROBERT C. FENDE~ JR. . AND DAVID
FENDER FOR A CHANGE IN LAND USE FROM RU (RESIDENTIAL,
TO COM (COMMERCIAL).
MOVE THAT THE PLANNING AND ZONING
OF
OF
URBAN).
MOTION TO DENY-
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC
HEARING, INCLUDING STAFF COMMENTS~ AND THE STANDARDS OF
REVIEW AS SET IN SECTION 5. 3. 300, ST. LUCIE ~COUNTY ZONING
ORDINANCE, I 'HEREBY'MOVE THAT THE 'PLANNING. .AND ZONING
COMMI SSI ON RECOMMEND THAT THE ST. LUCI E COUNTY BOARD OF
COUNTY COMMISSIONERS DENY THE PETITION OF ROBERT C. FENDER,
~P~. ROBERT C. FENDER, J]~, & DAVID ~ F~DER FOR A CHANGE
I N LAND USE FROM RU ( RESIDENTIAL, URBAN) TO COM
(COMMERCIAL).
BECAUSE ........
[CITE REASON WHY - PLEASE BE SPECIFIC. ]
AGENDA - LOCAL PLANNING AGENCY
THURSDAY
APRIL 26, 1990
7:00 P.M.
Petition of Robert C. Fender, Sr., et al, by Agent: Frank H.
Fee, III, Esquire, to amend the Future Land Use Classification of
the St. Lucie County Growth Management Policy Plan from RU
(Residential, Urban) to COM (Commercial) for the following
described property:
See Attached Legal Description
(Location: Southwest corner of Midway Road and South 25th Street)
Please note that all proceedings before the Local Planning
Agency are electronically recor.ded. If a person .decides to
appeal any decision made by the Local Planning Agency with
respect to any matter considered at such meeting or 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. Upon the ~request
of any. party to the proceeding, individuals testifying during a
hearing will be sworn in. Any party to the proceeding will be
· granted an opportunity to cross-examine any individual testifying
during a hearing upon request. Written comments received in
advance of the public hearing will also be considered.
Prior to this public hearing, notice of the same. was sent to
all adjacent property owners April 11, 1990. Legal notice was
published in the News Tribune, a newspaper of general circulation
in St. Lucie County, on April 5, 1990.
FILE NO. PA-90-001
Begin at the Northeast corner of the North 340 feet of the~
Northeast 1/4 of the Northeast 1./4 of the Southeast 1/4 of
Section 5, Township 36 South, Range 40 East, less the North 40
feet and the East 35 feet for road rights-of-way, thence run West
along the Southerly right-of-way of West Midway Road (White Ci'
Road) a distance of 210.5 feet, thence run South on a lin
parallel to the West right-of-way of South 25th Street (Hawley
Road) a distance of 145.0 feet, thence run Easterly on a line
parallel to the South right-of-way line of West Midway Road
(White City Road) a distance of 210.5 feet to the West right-of-
way line of South 25th Street (Hawley Road), thence run Northerly
along said right-of-way to the Point of Beginning.
LESS AND EXCEPTING THEREFROM the following:
1. Begin at the Northeast corner of the North 340 feet of
the Northeast 1/4 of the Northeast 1/4 of the Southeast
1/4 of Section 5, Township 36 South, Range 40 East,
less the North 40 feet and the East 35 feet for road
rights-of-way, thence run West along the Southerly
right,of-way of West Midway Road (White City Road) .a
distance' of 175 feet, thence run South on a line
parallel to the~West right-of-way of South 25th Street
(Hawley Road) a distance of 125.0 feetl thence run
Easterly on a line parallel to the South right-of,way
line of West Midway Road (White City Road) a distance
of 175 feet to the-West right-of-way line of South 25th
Street (Hawley Road), thence run Northerly along said
right-of-way to the Point of Beginning.
2. The West 35.5-feet and the South 20.O feet .of the above
describ.ed real.property that falls within the Order of
Taking entered on December 14, .1989, in that certain
.civil action entitled St. Lucie County, etc., vs.
Robert C. Fender, Sr., et 'al., Case No. 89-1490-CA-05
before the Circuit Court in and for St Lucie County,
Florida. .
FUTURE LAND USE
COM = GREEN
RU = ORANGE
RS = BLUE
05-36-40
A
GRAY I'~I~G
PETITION OF ROBERT C. FENDER (SR. & JR. )
AND DAVID A. FENDER -
BY -AGENT: FRANK H. FEE III, ESQ.
FOR A CHANGE IN ZONING CLASSIFICATION FROM CN TO CG
CURRENT ZONING
CG = BLUE
AR- 1 = ORANGE
CN = PURPLE
RS-4 = BRO~/N
RS-] = GREEN
RS-2 = RED
05-:56-40
crT
PETIT-ION OF ROBERT C. FENDER (SR. & JR. )
AND DAVID A. FENDER
BY AGENT: FRANK H. FEE III, ESQ.
FOR A CHANGE IN LAND USE CLASSIFICATION
FROM RU TO COM
Frarfl< H. Fee III, E~t.
P.O. Box 1000
Fort Pierce, FL 34954
1
3DDevelopment & Leasing Corp.
3302 Enterprise Rd.
Fort Pierce, FL 34982
PRO' ~TX C~aN~S IN PETITIONE~ AREA
Robert C. Fender, Sr.
Ro~e_rt C. Fender, Jr.
David A. Fender
P.O. Box 1000
Fort Pierce, FL 34954
OTHER PROPERTY OWNERS NOTIFIED
Sun Bank of St. Lucie County
P.O. Box 8
Fort Pierce, FL 34954
David A. Fender
3700 Okeechobee Rd.
Fort Pierce, FL 34947
3
13 SWSeventh Street Corp.
13 SW 7th St.
Miami, FL 33130
4
Gerald & Judy James
211 'S. 2nd St.
P.O. Drawer 3351
Fort Pierce, FL 34948
5
James L. StrawnDDS PA
5050 S. 25th St.
Fort Pierce, FL 34981
6
Irene H. Reese
2401 W. Midway Rd.
Fort Pierce, FL 34981
7
Donald & LoUise Doran
19938 Wilkinson Leas Rd.
Tequesta, FL 33469
David & Pamela Grant
2590 Rainbow Dr.
Fort Pierce, FL 34981
9
John & Clara Jackson
2630 Rainbow Dr.
Fort Pierce, FL 34981
10
.Donola SprinklgRandleman
2660 Rainbow Dr.
Fort Pierce, FL 34981
11
Arthur & Dorothy Rose
2690 Rainbow Dr.
Fort Pierce, FL 34981
12
Charles & KazueMore
2730 Rainbow Dr.
Fort Pierce, FL 34981
13
:Fay C. Potter
!2790 Rainbow Dr.
Fort Pierce, FL 34981
~Lot 1
Pete Smits, Jr.
2500 Gray: ~'ig Ln.
Pieuce, FL 34981
14
Ben D. Emerson
John P. Svec
2301 Sunrise Blv.
Fort Pierce, FL 34982
Lot 2
Thon~as & Shirley ~nn
2502 Gray Twig Ln.
Fort Pierce, FL 34981
15
Fla.. Coast Investors LTD
c/o Rhodes Holdings Inc.
250 Australian Ave., S.
Ste 1405
West Palm Beach, FL 33401
Lot 3
Joseph & Gina Noelke, Jr.
2504 Gray 2%vig Ln.
Fort Pierce, FL 34981
Lot ~4
James & Donna Smith, III
2506 Gray qk~ig Ln.
Fort Pierce, FL 34981
Lot 7
Leslie & ShirleeGriffith
2512 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 10
Edgar & Barbara Lane
2604-Gray Twig 'Ln.
Fort Pierce, FL 34981
Lot 18
James & Carol Stainoff, Jr.
2601 Gray ~ig Ln.
Fort Pierce, FL 34981
Lot 21
Jack & Ardell Lange
2509 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 24
Medora L. Chaney
2503 Gray ~ig Ln.
Fort Pierce, FL 34981
County Roads
St. Lucie County Aclm.
Bldg. Annex
Rck%d Right-Of-Way
2300 Virginia Ay.
Fo~'t Pierce, FL 34982
Lot 5
Raynond & Betty Litaker
2508 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 8
Vincent & Veronica Siktar, Jr.
2600 Gray Twig Ln.
Fort Pierce, FL 34981
LOt 16
Ronnie & Linda Chilclress
2605 Gray Twig Ln.
Fort Pierce,-FL 34981
LOt 19
Heinz & Marie Sinner
2513 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 22
George A. Wiggin
James D. Dixon
2507 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 25
Thomas & Mary Locey
2501 Gray /%~ig Ln.
Fort Pierce, FL 34981
StaLe Roads
State of Fla. Road Dept.
3111 S. Dixie Hwy., #112
~il lk~xt_~
West Palm Beach, FL 33405
Lot 6
Edward & Norma Whitaker
2504 Isola Bella Dr.
Forn Pierce, FL 34981
Lot 9
Christopher L. Wilson
Debra L. Wilson
2602 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 17
James & Jean Brannock
2603 Gray Twig Ln.
Fort Pierce, FL 34981
Lot 20
Stanley & Mary Wrobleski
2511GrayTwig Ln.
Fort Pierce, FL 34981
Lot 23
William& Ellen Tulley
2505 Gray Twig Ln.
Fort Pierce,' FL 34981
16
River Branch Dev. Corp.
c/o Mitchell L. Berkowitz
648 US Hwy 1
N. Palm Beach, FL 33408
17
Forest O. Capobianco
Caroline G. Capobianco
2282 W. Midway Rd.
Fort Pierce, Fi. 34981
17
Forest J. Capobianco
Caroline G. CapobL~nco
2282 W. Midway Nd.
Fort Pierce, FL. 34981
Fm P~c~, SC Lud, C~,, Fie~da
Before the undersigned authority personally appeared
David T. Rutledge or Kathleen K. LeClair, who on ~th
says that he/she is publisher, b~in~s manager of The
THbune, a d~ly newspaper pubI~hed at Fort Pieme in St.
Lucie County, Florida; that the attached copy of the
adve~ement, berg a ....... ~otice .
in the matter of ..... ~0ber ~"'~'~"~;~';'"~'~'j .......................
..................... amend '~ture ~and u~e
was published in said newspaper in the issues of
........................ 4/5/90
~dSt. Lude~o ....... ~ ~ P ~atF~e~,
t~ ,ua, ana ~at me ~d ne~pa~ ~ h~et~o~
been ~n~uo~ly pub~sh~ ~ SL Lu~e ~t~ ~o~,
~ed as ~nd da~ m~ matt~ at ~e ~t offi~ ~ ~ ~, ~ ~d SL
Lude Co~t~ ~orida, for a period of one year next p~ced~g the first
pub~Uon ct ~e attached ~py of adve~t: ~d ~t ~ ~ ~at
he has, n~er. p~d. nor promis~ any ~n, f~ or ~Uon ~y
~ebate ~mnu~on or r~und for the p~ of ~ng ~ls adv~t for
pub~caUon in ~e ~id ne~pa~r.
S~ ~ ~d su~b~'b~o~ me
~......~th
........
(SEAL) Nota~blic
t, lo. 108:56
N NOTIC~
O~IC~: ~ HERESY GIVEN
that the £OCal Planning
Agency for St. Lucia Coun-
ty, Florida, w~ af 7:00 P.M.
on Thursday° April 26
1990 In Rodin t0t, St.
Lucia County Adrnlnlsfra.
tlon Bulldlr, g, 2300 Vl~glnla
Avenue, Fort Pierce, ~lori-
don~: hold cl public hearing
Petition of, Robert C.
Fender, Sr., et al, by'
Agenl: Frank H. Fee, IU,
Esquire, to amend' the
~f.utuFe land uae
lion of the St. Lucia County
Growth Management Pot{-
?.Y Plan from ffi (Ee$1den-
iici, Urban) · lo COM
(Commercial) for lhe
following described
eg . at the Norlheast
corr~ of the North 340
febt o~~le Northe~t 1/4 of
the N thea~t 1/4 of the
South( st 1/4 of Section
Towr~ ) S6 SOUth, Range
40 Eo4 lesa the Norlh
feet ~ I the East 35 feel
for re d :rights-of-way-
thenc( ~n W-ual alo{lg th~
Southe ! flght-of-w~ of
. We~t ~ cl~/~ Road IWhlte
Clly R dj at, tahoe at
~t0.~ ~el, .the~e run
ScUrf ta line Paral el to
'the ~ ' tight-bt-way of.
SO'"li' Ih .,(treat
Roa~ 3 '-distance Of
,'14.5.£ eat, thence run'
Easle ~1 a line Parallel
.~ th, ~uth Ught'-of.w~y
· ~-JWhlt)¥ Road)
alms)ar at ~lO.~S4e&t
the tA dgt~_t-of-way line
"of ,~ I 25th Street
[Hawl Roac~, thence'
edy aloha said '
~Y fo the Point Of
340
of-
the the ..
tt of
feet
· fore Court n
and: ~ County,
(Looatl~ n.' } Southwest.' :
. ~~oufh ~lh Street) .'
~ca~ ~a n~ AgenCy-'
, ~eol~oa .i 9d~.~ the
~e~ec at ~h meet-
.ng or he ~g, ~ w~l
~eed ~ ~, ~ at the'
~ ~* ~ f~t, for
'~ucn pu~ ~, he m~
.n~ ~ ~ ~e ~at a
v~ e ~r~ of the
' W~ch.re~ I'~clUde~ the
: ~-~
re ' · ~n the'
qu~ ~f ~
- granted an' o~o~
ual testing ~udng
hearing U~n- request.
tPe PubllC~r~g ~ll
time to time, . .
D~ed t~ 2nd day of
~1, ~990. '
~ ~NING AGENCy
FLORIDA -
/I/' J.p;Terpenlng,
Ch~r~
~a~: ~ s, ~...
Agenda Item: $ 3
File Number: PA- 90-00 !
ME MORAND U--
TO:
FROM:
~ATE:
SUBJECT:
LOCATI ON:
Planning and Zoning Commission
Planning
Administrator
April 18, !990
Petition of Robert C. Fen~er, Sr., Robert C.
Fender, Jr., and David2t Fen~er, by their Agent
Frank ~ Fee, III, Es~ to Amend the Future Land
Use Map of the St. Lucie County. Comprehensive from
RU (Residential, Urban) to COM (Commercial)
Small "L" shaped parcel in the same
ownership as a larger tract at the
southwest corner of Midway Road and
SOuth 25th Street
EXI ST/NG ZONING:
DESI ~ ON:
PRO~D ~ USE
DESI G~
P~CEL 8I
S URRO~NDI NG ZONING=
SURROUNDING LAND USES:
FIRE/EHS PROTECT/ON:
WATER/SEWER SERVICE:
RIGHT-OF-WAYADEQUAC~
CN (Commercial, Neighborhood)
(Residential, Urban)
COM (Commercial)
0.314 acres
To recoup land designated
commercial use to balance
that was taken by eminent
action for right-of-way for
Road and South 25th Street
RU to the west on Midway Road and
to the south along'S. 25th Street
COM north along Midway Road, RU on
south side of Midway Road
Station #6, 350 E. Midway,
approximately 2 miles east
To be provided on site
No additional
required, right-of-way
for
land
domain
Midway
RS-4
the
is located
will be
April 18, 1990 ~
Page 2 Petition:
File No.: PA-9~
In reviewing this application for proposed amendment to
Comprehensive Plan, the Local Planning Agency shall consider
make the following determinations:
Whether the proposed
all elements of
Comprehensive Plan;
amendment is consistent wi th
the St. Lute e County
The proposed amendment is 9enerally
wi th c ommerci al development poll ces
Comprehensive Plan.
consistl
of
Whether and the extent to which the proposed
amendment is consistent wi th the ex/sting and
proposed land uses in this area;
The proposed amendment is generally consistent
with exis ting and propos ed commercial and
residential land uses in this area.
Whether and the extent to which the proposed
amendment would result in demands on public
fac/lit/es, and whether or to the extent to which
the proposed amendment would exceed the capacity
of such public facilit/es' including but not
limited to transportation facilities, sewage
facilities, water supply, parks, dra/nage,
schools, and emergency medical fac/l/ties;
The PrOpOsed development is not expected to create
an increased demand on facilities.
Whether and the extent to which the proposed
amendment would result in an orderly and logica/
development Patten, specifically identiflrlng any
negative effects on such patten;
The proposed amendment is consistent with the
development poll ci es of the St. Luci e County
Comprehensive Plan. No negative effects are
anticipated as a result of slight expansion of a
commercial land use designation.
April 18, 1990
Page 3
Petition: Fender
File. No.: PA-90-00!
The petitioners, Robert C. Fender, Sr., Robert C.
Jr., and David A. Fender, are Proposing to amend the Future
Use designation from RU to COM on a parcel of property located
along the west and south borders of an already commercially zoned
parcel on the southwest corner of Midway Road at South 25th
Street. They wish to recoup land an amount of commercial la
that was previously designated for commercial use but taken f
right-of-way for Midway Road and South 25th Street. The wi
of the strip west of the existing commercial strip is 35.5 feet,
and the strip south of the existing tract is 20 feet wide.
Staff has reviewed this petition and recommends
Commission forward to the Board of County Commissioners
recommendation of approval. If you have any questions about
matter, please feel free to contact us.
PA90-00!
CC:
County Attorney
Assistant County Administrator Kindred
Robert C. Fender, Sr.
Press/Public
Suggested motion to
MOTION TO APPROVE.._
approve/deny this requested change in zoning
AFTER CONS!DERING~ THE TESTIMONY PRESENTED DURING THE
HEARING, I NCLUDI NG STAFF COMMENTS, AND THE STANDARDS
REVIEW AS SET IN SECTION 5. 3. 300, ST. LUCIE COUNTY
ORDINANCE, I HEREBY
COMMI S SI ON RECOMMEND
COUNTY COMMISSIONERS
ROBERT C. FENDER, S~, ROBERT C. FENDER, JR., AND DAVID
FENDER FOR A CHANGE IN LAND USE FROM RU (RESIDENTIAL, URBAN)
TO COM (COMMERCIAL).
ZONING
MOVE THAT THE PLANNING AND ZONING
THAT THE ST. LUCIE COUNTY BOARD OF
GRANT APPROVAL TO THE PETITION OF
MOTIONTO DENYi
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC
HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF
REVIEW AS SET IN SECTION 5. 3. 300, ST. LUCIE COUNTY ZONING
ORDINANCE, I HEREBY MOVE THAT THE PLANNING AND ZONING
COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS DENY THE PETITION OF ROBERT C. FENDER,
SI~, ROBERT C. FENDER, Jl~, & DAVID A. FENDER FOR A CHANGE
I N LAND USE FROM RU ( RESI DENTI AL, URBAN) TO COM
(COMMERCIAL).
BECAUSE ........
[CITE REASON WHY - PLEASE BE SPECIFIC.]
PROJECT NA~IE
RIGHT-OF-WAY DEDICATION
ZONING AND SITE PLAN REVIEW
REVIEW AND CONTACT RECORD
Notice o~.impending action received by Right-of-Way Section:
Date
'Impending action based uDon:
Zoning 'application ~/~/ ~/~
Development site plan '
Preliminary subdivision plat
Other
Property I.D.
Is additional r/w required? Yes No /
(if "no", remainder of for::a need not be completed)
Name: (J~w/J~.
Address
Phone:
Phone:
( ) -
( ) -
Contact Record
Phone
Owner/Agent response:
Letter
Personal
R,,,~ secured by: Deed
Plat Other
~ight~Agent
RIGHT-OF-WAY DEDICATION
ZONING AND SITE PLAN REVIEW
REPORT FORM
Preliminary Review:
1. Is the property located along a County or State maintained
roadway?
YES ~ NO If yes: County ~ State
2. Is the property located along a County or State owned
roadway?
YES ~ NO If yes: County --~_~ State
3. Is the roadway on which the property iS located, indentified
on the~uture r/w needs plan of~the SLC Comp
YES ~ NO . plan?
4. Is the abutting r/w sufficient to meet the needs of the
future r/w plan?
5-. -Are there any unique or otherwise limiting factors that would
not permit the a~nment of the desired future r/w width?
YES NO ,
Is additional r/w needed to meet the community needs in this
area ~signated by the future r/w plan?
YES NO
Is this parcel eiegible for impact fee credits for dedication
of
YES -- NO
Is thi~ ~oadway on 5 year construction schedule?
YES ~ ND
Road maintained by: Current.R/W U
County _~ State l~o'-m!d~aiy ~.~ ltimate R/W.
R/W nee~d~_c~ frop this ~ar~el: .~ 77~'~'~'~ ~ /~'' ~
U~ili~y Ea~em~n~ necessary:
Explain:
Date received for r. evie~ by Right~.o~T~ry Section
Date sen~ ~o Planning Division ~//7~
Owner/Developer Notified by Right-of-Way Section on
cc: Planning Division
Dept. of Community Deveiopmen~
cc: Engineering Division , Site Plan reviewer
AGENDA - LOCAL PLANNING AGENCY
THURSDAY
APRIL 26, 1990
7:00 P.M.
Petition of Robert C. Fender, Sr., et al, by Agent: Frank H.
Fee, III, Esquire, to amend the Future Land Use Classification of
the St. Lucie County Growth Management Policy Plan from RU
(Residential, Urban) to COM (Commercial) for the following
described property:
See Attached Legal Description
(Location: Southwest corner of Midway Road and South 25th Street)
Please note that all proceedings before the Local Planning
Agency are electronically recorded. If a Person decides to
appeal any decision made by the Local Planning Agency with
respect to any matter considered at such meeting or 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. Upon the request
of any party to the proceeding, individuals testifying during a
hearing will be sworn in. Any party to the proceeding will be
granted an opportunity to cross-exam/ne any individual testifying
during a hearing upon request. Written comments received in
advance of the public hearing will also be considered.
Prior to this public hearing, notice of the same was sent to
all adjacent property owners April 11, 1990. Legal notice was
published in the News Tribune, a newspaper of general circulation
in St. Lucie County, on April 5, 1990.
FILE NO. PA-90-001
Begin at the Northeast corner of the North 340 feet of the
Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of
Section 5, Township 36 South, Range-40 E
feet and the East 35 ~2~ ~_ . act, less the North
~==u zor roa~ rights-of-way, thence ru~-~e~
along the Southerly right-of-way of West M'
P t to the We · South on
Road) a dis~ ..... ~t~g~t-of-way. of South 25th S~^~ ,a.. l~ne
_ ~,~ ~i ±4b.~ feet +~ .......... ~u ~naw±ey
parallel to fh~ o~..== . _ , ~,~ue ~un ~as~erl~
(White City Rg~)~%~%t~t~%]~a% ~ ~f .~est M~d%%~ ~an~
way line of South 25th Stree~ ,,,~%~.0_~ ~o the West right-of-
~ ~nawle ~oa
along sazd rmght-of-wav to *~ o~Y-~ ~d)~ thence run Northerl
......... · ~ u~ ~eglnning. Y
LESS AND EXCEPTING THEREFROM the following:
1. Begin at the Northeast corner of the North 340 fee% of
the Northeast 1/4 of the Northeast 1./4 of the Southeast
1./4 of Section 5, Township 36 South, Range 40 East,
less the North 40 feet and the East 35 feet for road
rights-of-way, thence run West along the Southerly
right-of-way of West Midway Road (White City Road) a
distance of 175 feet, thence run South on a line
parallel to the West right-of-way of South 25th Street
(Hawley Road) a distance of 125.0 feet, thence run
Easterly on a line parallel to the South right-of-way
line of West Midway Road (White City Road) a distance
of 175 feet to the West right-of-way line of South 25th
Street (Hawley Road), thence run Northerly along said
right-of-way to the Point of Beginning.
2. The West 35.5 feet and the South 20.0 feet of the above
described real property that falls within the Order of
Taking entered on December 14 1989, in that certain
civil action entitled '
St. Lucie County, etc., vs.
Robert C. Fender, Sr., et al., Case No. 89-1490-CA-05
before the Circuit Court in and for St Lucie County,
Florida. .
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Planning Administrator
Planning & Zoning Secretary
March 28, 1990
Posting of Public Notice for Petition of:
Robert C. Fender, S_r.,et a~ent: Frank H.
Fee, III,Esquire to amend Future Lane Use Class.
from RU (Residential,Urban) to COM (Commercial)
The above Petition is scheduled
hearings on the following date(s):
BOARD OF ADJUSTMENT
for public
PLANNING & ZONING COMMISSION
BOARD OF COUNTY COMMISSIONERS
4/26/90
5/22/90
Please implement the posting of public notice by
Public Works BEFORE April 11, 1990 at the
following location: '
Southwest corner of Midway_Road and South 25th
Street
An area map is attached, indicating the location
of the property. Thank you.
0 o
~ '0
o
,o~£
~ Ct'" (z,'ooo
FLO DA
DEPARTMENT OF
Palm Beach Urban Office
3111 South Dixie Highway, Suite 112
Mail Box 122
West Palm Beach~ Florida 33405
Telephone: 407-837-5290
May 10, 1990
TRANSPORTATI
Mr. Terry Virta, Director
Local Planning Agency
St. Lucie County
2300 Virginia Avenue
Ft. Pierce, Florida 34982-5652
Dear Mr. Virta:
RE:
Proposed Future Land Use Plan Amendment No. PA-90-001
Intersection 25th Street at Midway Road
St: Lucie County
This proposed amendment does not apparently affect any current
state route, however it impacts a logical.and potential future
extension of SR-615 south of Edwards Road. Your plan indicates 25
Street shoUld be widened to accommodate a minimum of four lanes and we
would agree: our Treasure Coast Model 2010 (FSUTMS) indicates
projected volumes of 26,900 v~p.d, south of Midway Road and 24r700
v.p.d, north of Midway. The model indicates volumes of 17,900 v~p.d.
on Midway Road east of 25th Street and 29,000 v.p.d, west of 25th
Street. Both 25th and Midway Road are indicated as corridors of
regional significance on the draft Corridors Plan for the district.
Recognizing that this Land Use Amendment is only a preliminary
development order, we support the staff,s position in acquiring
adequate R/W on both 25th and Midway Road for expansion to meet future
traffic needs in accordance with the County's Thoroughfare Network R/W
Protection Map.
We are giving serious consideration to including 25th Street/
Airoso corridor~ from POrt Sto Lucie Boulevard to it's intersection
with SR-5/US-1 at the St. Lucie County InternatiOnal Airport as a
corridor designated in the Florida Transportation Plan (FTP) in
recognition of. its potential relief to SR-5/US-1 in that general area°
~r. Terry Virta
May 10, 1990
Page 2
The same comments would apply to Rezoning Petition No. RZ-90-018
located on Midway Road.
I hope the above assists the County's efforts to develop and
improve the transportation system for St. Lucie County.
Si~ely,
JWA/mg
cc:
Julia Iversen
Gus Schmidt
Mike Tako
BOARD COUNTY
COMMISSION(ERS
County Roads
St.Lucie County Admin.
Bldg. Annex
.... ~300 ~i~in~i~& ~'~gen~
Fort Pierce, FL 34982
)6V£LOPM NT
DIR6CTOR
April 11, 1990
TERRY L. VIRYA, AICP
In compliance with the provisions of the Florida Statutes,
are hereby advised that Robert C. Fender, Sr., et al, by
Frank H. Fee, III, Esquire, has petitioned the Local P1
Agency to amend the Future Land Use Classification of the-
Lucie County Growth Management Policy Plan from RU (Residential
Urban) to COM (Commercial) for the following described property
See Attached Legal Description
(Location: Southwest corner of Midway Road and South 25th Street)-i
A public hearing on the petition will be held at 7:00.P.M. o~
Thursday, April 26, 1990, in Room 101, St. Lucie Count~
Administration Building, 2300 Virginia Avenue, Fort Pierce~.
Florida. All interested persons wil~ be given an opportunity t~
be heard at that time. Written comments received in advance o~
the public hearing will also be considered.
Please note that all proceedings before the Local Planning Agency
are electronically recorded. If a person decides to appeal an~
decision made by the Local Planning Agency with respect to an~
matter considered at such meeting or hearing, he will need
record of the proceedings, and that, for such purpose, he
need to ensure that a verbatim record of the proceedings is made
which re6ord includes the testimony and' evidence upon which
appeal is to be based. Upon the request of any party to
proceeding, individuals testifying during a hearing will be
in. Any party to the proceeding will be granted an opportun:
to cross-examine any individual testifying during a hearing
request.
If you no longer own property adjacent to the above described
parcel, please forward this notice to the new owner. If you have
any questions, additional information may be obtained by call:
Area Code 407, 468-1553 and referencing the File Number f(
below. South county residents may call toll-free 878-4898,
for Building and Zoning, then ask fo~ extension
Sincerely,
LOCAL PLANNING AGENCY
ST. LUCIE COUNTY, FLORIDA
J. P. Terpening, Chairman
FILE NO. PA-90-001
HAVER]' L FENN. District No ~ · JUDY CULPEPPER. District No 2 · JACK KRIEGER Disrrict No 3 · R DALE IREFELNER. District No. z~ · JIM MINIX. Disrricr No, .5
County Admimstrator JAMES V. CHISHOLM
2300 Virginia Avenue · Fort Pierce. FL 34982-5652
Director: (407) 468-1590 · Building: (407) 468-1553 · Planning: (407) 468-t 576
Zoning: (407) 468-1553 · Code Enforcemenr: (407) 468-1571
PORT ST. LUCIE TELEPHONE NO. (407) 878-4898
COMMISSIONCRS
April 11, 1990
D6V6LOPMCNT
DIR6CTOR
~RRYL.~R~,AICP
In compliance with the PrOvisions of the Florida Statutes, you
are hereby advised that Robert C. Fender, Sr., et al, by Agent:
Frank H. Fee, III, Esquire, has petitioned the Local Planning
Agency to amend the Future Land Use Classification of the St.
Lucie County Growth Management Policy Plan from RU (Residential,
Urban) to COM (Commercial) for the following described property:
See Attached Legal Description
(Location: Southwest corner of Midway Road and South 25th Street)
A public hearing on the petition will be held at ?:00 P M. on
Thursday, April 26, 1990, in ·
Room 101, St. Lucie County
Administration Building, 2300 Virginia Avenue, Fort Pierce,
Florida. Ail interested persons will be given an opportunity to
be heard at that time. Written comments received in advance of
the public hearing will also be considered.
Please note that all proceedings before the Local Planning Agency
are electronically recorded. If a person decides to appeal any
decision made by the Local Planning Agency with respect to any
matter considered at such meeting or 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. Upon the request of any party to the
proceeding, individuals testifying during a hearing will be sworn
in. Any party to the proceeding will be granted an opPortunity
to cross-examine any individual testifying during a hearing upon
request.
If you no longer own property ad3acent to the above described
parcel, please forward this notice to the new owner. If you have
any questions, additional information may be obtained by calling
Area Code 407, 468-1553 and referencing the File Number found
below. South county residents may Call toll-free 878-4898, ask
for Building and Zoning, then ask for extension 41.
Sincerely,
LOCAL PLANNING AGENCY
ST. LUCIE COUNTY, FLORIDA
J- P. Terpening, Chairman
FILE NO. PA-90-00Z
HAVERT L FENN. District No. 1 e JUDY CULPEPPER, Distncr No. 2 · JACK KRIEGER. District No. 3 · R. DALE IR£FELNER, District No. 4 · JIM M/NIX, Distri~ No. 5
Coun~ Administrator _ JMES V. CHISHO~
2300 Virginia Avenue · Fort Pierce. FL 34982-5652
Director: (407) 468-1590 · Building: (407) 468-1553 · Planning: (407) 468~ 1576
Zoning: (407) 468-1553 · Code En~rcement: (407) 468-1571
PORT ST. LUCIE TELEPHONE NO. (407) 878-4898
Begin at the Northeast corner of the North 340 feet of the
Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of
Section 5, Township 36 South, Range .40 East, less the North 40
feet and the East 35 feet for road rights-of-way, thence run West
along the Southerly right-of-way of West Midway Road (White City
Road) a distance of 210.5 feet, thence run South on a line
parallel to the West right-of-way, of South 25th Street
Road) a distance of 145.0 feet, thence run Easterly on a
parallel to the South right-of-way line of West Midway
(White City Road) a distance of 210.5 feet to the West ri~
way line of South 25th Street (Hawley Road), thence run N,
along said right-of-way to the Point of Beginning.
LESS AND EXCEPTING THEREFROM the following:
1. Begin at the Northeast corner of the North 340 feet
the Northeast 1./4 of the Northeast 1/4 of the Southea
1/4 of Section 5, Township 36 South, Range 40 Eas-
less the North 40 feet and the East 35 feet for roa
rights-of-way, thence run West along the Souther
right-of-way of West Midway Road (White City Roadi)
distance of 175 feet, thence run South on a 1 ~
parallel to the West right-of-way of South 25th St~
(Hawley Road) a distance of 125.0 feet, thence
Easterly on a line parallel to the South right-of-~.
line of West Midway Road (.White City Road) a 'dist.
of 175 feet to the West right-of-way line of South
Street (Hawley Road), thence run Northerly along
right-of-way to the Point of Beginning.
2. The West 35.5 feet and the South 20.0 feet of the above,
described real property that falls within the Order
Taking entered on December 14 1989 in that certai
civil action entitled ' '
St. Lucie County,. etc., vs..
Robert C. Fender, Sr., et al., Case No. 89-1490_CA_05
before the Circuit Court in
Florida. and for St. Lucie County,
NOTICE
NOTICE IS HEREBY GIVEN that the Local Planning Agency for
St. Lucie County, Florida, will at 7:00 P.M. on Thursday,
April 26, 1990, in Room 101, St. Lucie County Administration
Building, 2300 Virginia Avenue, Fort Pierce, Florida, hold a
public hearing on:
Petition of Robert C. Fendsr, Sr., et al, by Agent: Frank H.
Fee, III, Esquire, to amend the future land use classification of
the St. Lucie County Growth Management Policy Plan from RU
(Residential, Urban) to COM (Commercial) for the following
described property:
See Attached Legal Description
(Location: Southwest corner of Midway Road and South 25th Street)
Please note that all proceedings before the Local Planning
Agency are electronically recorded. If a person decides to
appeal any decision made by the Local Planning Agency with
respect to any matter considered at such meeting or 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. Upon the request
of any party to the proceeding, individuals testifying during a
hearing will be sworn in. Any party to the proceeding will be
granted an opportunity to cross-examine any individual testifying
during a hearing upon request. Written comments received in
advance of the public hearing will also be considered.
If it becomes necessary, these public hearings may be
continued from time to time.
Dated this 2nd day of April, 1990.
LOCAL PLANNING AGENCY
ST. LUCIE COUNTY, FLORIDA
/s/ J. p. Terpening, Chairman
PUBLISH: April 5, 1990
Begin at the Northeast corner of the North 340 feet of the
Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4
Section 5, Township 36 South, Ran .
f~et and the East 35 feet for roo~g-e: ~ East, less the North
~~t~%~therly right-of-wa~f~%~s~%~Y,R~h~nce run i~
ance of 210 5 feet th- 33 ad (White iCit .
~%lel _~o the West right_of ..... ~ _~e~ce run South on a
~u~u~ a ~istance ~* ~= ~ - .--~3. u~ '~outh 25th ~*~
parallel to the South right-of-way line of West Midwa~
as~y on a line
(White City Road) a distance of 210.5 feet to the West ri(
way line of South 25th Street (Hawley Road), thence run Nor~
along said right-of-way to the Point of Beginning.
LESS AND EXCEPTING THEREFROM the following:
1. Begin at the Northeast corner of the North 340 fee-
the Northeast 1/4 of the Northeast 1/4 of the South~
1/4 of Section 5, Township 36 South, Range 40 Ea
less the North 40 feet and the East 3.5 feet for
rights-of-way, thence run .West along the Sou
right-of-way of West Midway Road (White City Road)
distance of 175 feet, thence run South on a
parallel to the West right-of-way of South 25th
(Hawley Road) a distance of 125.0 feet, thence
Easterly on a line parallel to the South rJ
line of West Midway Road (White City Road) a dist
of 175 feet to the West right-of-way line of South 2!
Street (Hawley Road), thence run Northerly. along
right-of-way to the Point of Beginning.
2. The West 35.5 feet and the South 20.0 feet of the above
described real property that falls within the Order
Taking entered on December 14 1989 in that certa
civil action entitled ' ,
St. Lucie County, etc., vs.
Robert C. Fender, Sr., et al., Case No. 89-1490-CA-05
before the Circuit Court in
Florida. and for St. Lucie Count~,
.......... ST.' LUCIB COUNTY' .....
~AP~ l~l man
PETITION FOR C~g I~ F~ ~ ~Sg ~SIFISTIOI
Applicant's Name:
Applicant's Address:
ROBERT C. FENDER, SRo,.ROBERT C. FENDER, JR.
ahd DAVID A. FENDER, by their agent, FRANK H. FEE, II
P.O. Box 1000
Fort Pierce, Florida 34954
Applicant's Phone Number: 461-5020
I (We) do hereby petition the St. Lucie Co~ty PlalL~lng and
Zoning Commission and the St. Lucie County Boazd Of<Cola~ty
Commissioners to change the Future Land Use Classification of the
following property:
Legal Description: (Type or print only tn black Ink)
See Exhibit "A" appended hereto and by reference incorporated herein
Property Tax I.D # 3405-411-0003-000/5 CG
My (Our) reason for making this request is: To recoup that area
heretofore zoned ZG as has been taken by action in eminent domain by St. Lucie
County as additional__ rights-of-way__ for Midway Road and So. 25th 'Street
Yes
I (We) do hereby certify .that I (we) own tn fee
simple all of the above
described Property and have
legal right to request a change tn Future Lan4 Use of
said property.
Yes I (We) do hereby certify that ! (we) own in fee
simple that portion of the above described Property
for which a change in Future Land Use Is requested,
described as
... N/A
The remainder of the prOperty described i~ Paragraph
~1 above for which change-tn Future Land Use Is
requested ts owned by ~. -, . , .. .
and that I (we) certify ,hat-.the above legal
description submitted by me (us) represents the
property I (we)-wish to have reclassified.
__Yes
I' (We) understand that· I' (We) m 'be present at the
h es r~or .. W~be~pr es:en,t ~~, r~e_~_~en~
Agen .... , .......
_Frank H. Fee, III, Esquire~ ,'.: ...... ~~>~~Sr/~-' '
N~ICE: -, . Robert O. Fender, Jr.
THI ..... ~N COMPLI~CE WITH ~~ ~:6~.~87 F
WXZ. SZ. LOCXZ
APPROPRIATE ~uu~x-x
D~LINES FOR
Provlalofls o~ general proJeR lnlornRlon gar each Pheae t
(e)
2.
Convenience Store/
Gas Station
22,000 S.F.
CN-CG
_CN-CG --
va cant
on site
on site
~roJect name
T~p~ or project
a. ReteA~ed ae~eo
d,
e. ~her or
4, tro3ec~ else
'b,a' ~n=reoi~n'tl~. f~r area
5. h~ Use
a, blot. Lng and [,ropoond
b. OroMth-. Na~...__~i---
uae
&u~&n -- P---. land
~edd ·
~- It~o~tXng Xand
IhJvelopmont Schedule
a..h__p.et..d .tuttag
b. approninmto.timo r
eouplRioa quirod for
PubAlo utlALtlee and oervLe~o
c°unterparts or theLr
b. Sewer~
LEGAL DESCRIPTION
Begin at the Northeast corner of the North 340 feet of the Northeast 1/4
of the Northeast 1/4 of the Southeast 1/4 of Section 5, Township 36
South, Range 40 East, less the North 40 feet and the East 35 feet for
road rights-of-way, thence run West along the Southerly right-of-way of
West Midway Road (White City Road) a distance of 210.5 feet, thence run
South on a line parallel to the West right-of-way of South 25th Street
(Hawley Road) a distance of 145.0 feet, thence run Easterly on a line
parallel to the South right-of-way line of West Midway Road (White City
Road) a distance of 210.5 feet to the West right-of-way line of South
25th Street (Hawley Road), thence run Northerly along said right-of-way
to the Point of Beginning.
LESS AND EXCEPTING THEREFROM the following:
1. Begin at the Northeast corner of the North 340 feet
of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4
?~ Section 5, Township 36 South, Range 40 Eas .
40 feet and the East 35 ~ ...... t, less the North
~=L .zor roa~ rights-of-way, thence
run West along the Southerly right-of-way of West Midway Road
(White City Road) a distance of 175 feet, thence run South on
a line parallel to the West right-of-way of South 25th Street
(Hawley Road) a distance of 125.0 feet, thence run Easterly on
a line parallel to the South right-of-way line of West Midway
Road (White City Road) a distance of 175 feet to the West
right-of-way line of South 25th Street (Hawley Road), thence
run Northerly along said right-of-way to the Point of
Beginning.
2. The West 35.5 feet and the South 20.0 feet of the
above described real property taken by eminent domain pursuant
to an Order of Taking entered on December 14, 1989, in that
certain civil action entitled St. Lucie County, etc., vs.
Robert C. Fender, Sr., et al., Case No. 89-1490-CA-05 before
the Circuit Court in and for St. Lucie County, Florida.
FUTURE LAND. USE
CON = GREEN
RU = ORANGE
RS = BLUE
05-:56-40
A
GRAY
PETITION
OF ROBERT C. FENDER (SR. & JR. )
AND DAVID A. FENDER
BY ,AGENT, FRANK H. FEE III, ESQ.
FOR A CHANGE IN ZONING CLASSIFICATION FROM CN TO CG
CURRENT ZONING
CG -- BLUE R$-2=RED
AR-1=ORANGE
CN =PURPLE
R$-4--
FOR A CHANGE IN ZONING
PETI-T-ION OF ROBERT C. FENDER (SR. & JR. )
AND DAVID A. FENDER
BY AGENT: FRANK H. FEE III, ESQ.
CLASSIFICATION FRON CN TO
FUTURE LAND USE
COl~ = GREEN
RU : ORANGE
RS = BLUE
05-36-40
IDWAY~RI-
m,t
PET
OF ROBE6 C.
AND DAVID A. FENDER
BY AGENT: FRANK H'. FEE.IIi, ESO.
FOR A CHANGE IN LAND USE CLASSiFiCATiONI
FRO/~ RU TO COM
ER (SR.
CURRENT ZONING
CG = BLUE
AR-l = ORANGE
CN = PURPLE
RS-4 = BROWN
RS-3 = GREEN
R$-2 = RED
05-$6-40
W~MIDVFA¥,~
PETIT-ION
BY AGENT: FRANK N. FEE III, ESQ.
FOR A CHANGE IN LAND USE CLASSIFICATION
FRON RU TO CON
OF ROBERT C. FENDER (SR. & JR. )
AND DAVID A. FENDER
CURRENT ZONING
CG : BLUE
AR-1 = ORANGE
CN : PURPLE
RS-4 : BROWN
RS-:S = GREEN
W. NtD~/AY ROAD '
PETITION OF ROBERT C. FENDEF (SR-~& JR. )
AND DAVID A. FENDER
BY AGENT: FRANK N. FEE III, ESQ.
FOR A CHANGE IN LAND USE CLASSIFICATION
FRON RU TO CON
FUTURE LAND USE
COM: GREEN
RU : ORANGE
RS : BLUE
05-36-40
MIDWAY ROAD
A
GRAY Tl~/IG ~]
PETITION
OF ROBERT C. FENDER (SR. & JR. )
AND DAVID A. FENDER
BY AGENT: FRANK H. FEE III, ESQ.
FOR A CHANGE IN LAND USE CLASSIFICATION
FRO~ RU TO COM
LEGAL DESCRIPTION
Begin at the Northeast corner of the North 340 feet of the Northeast 1/4
of the Northeast 1/4 of the Southeast 1/4 of Section 5, Township 36
South, Range 40 East, less the North 40 feet and the East 35
road rights-of-way, thence run West along the Southerly ri
West Midway Road (White City Road) a distance of 210.5 feet, run
South on a line parallel to the West right-of-way of South 25th
(Hawley Road) a distance of 145.0 feet, thence run Easterly on
parallel to the South right-of-way line of West Midway Road (Whi
Road) a distance of 210.5 feet to the West right-of-way line
25th Street (Hawley Road), thence run Northerly along said
to the Point of Beginning.
LESS AND EXCEPTING THEREFROM the following:
1. Begin at the Northeast corner of the North 340 feet
of the Northeast 1/4 of the Northeast t/4 of the Southeast 1/4
of Section 5, Township 36 South, Range 40 ....
40 feet and th= m--~ ~ .... s mash, ±ess the North
~ ~ oo zeec ~or road ri ht
run West along the South r~ ~ _ g_ s-of-way, thence
e__~ ~ht-of-way o~ West Midway Road
(White City Road) a distance of 175 feet, thence run South om
a line parallel to the West right-of-way of South 25th Street
(Hawley Road) a distance of 125.0 feet, thence run Easterly on
a line parallel to the South right-of-way line of West Midway
Road (White City Road) a distance of 175 feet to the West
right-of-way line of South 25th Street (Hawley Road), thence
run Northerly along said right-of-way to the Point of
Beginning.
2. The West 35.5 feet and the South 20.0 feet of the
above described real property taken by eminent domain pursuant
to an Order of Taking entered on December 14, 1989, in that
certain civil action entitled St. Lucie County, etc., vs.
Robert C. Fender, Sr., et al., Case No. 89-t490-CA-05 before
the Circuit Court in and for St. Lncie County, Florida.
/1ilI!
/ii~!,
Iill.~t
!
il
Zb
ROBERT C. FENDER, SR., ROBERT C. FENDER, JR.
ApPlicant's Name: ahd DAVID A. FENDER, by their agent FRANK H FEE, III
Applicant's Address: P.O. Box 1000
Fort Pierce, Florida 34954
Applicant's Phone Number: 461-5020
I (We) do hereby petition the St. Lucie County Planning and
Zoning Commission and the St. LucXe County Board of County
Commissioners to change the Future Land Use Classification of the
following property:
Legal Description: (Type or print only in black ink)
See Exhibit "A" appended hereto and by reference incorporated herein
Property Tax. I.D. # 3~05:411-000{-000/5 From, ~N~ To, ~ ~
~:y (Our) reason for making this request is: To recoup that area
heretofore
has been taken by action in eminent domain by St. Lucie
County
as
additional
rights-of-way for Midway Road and So. 25th 'Street '
Ye s
I (We) do hereby certify that I (we) own in fee
simple all of the above described property and have
legal right to request a change in Future Land Use of
said property.
Yes
I (We) do hereby certify that ! (we) own in fee
simple that portion of the above described property
for which a change in Future Land Use is requested,
described as
_ N/A
The remainder of the property described in paragraph
~1 above for which change in Future Land Use is
requested is owned by
and that I (we) certify that the above legal
description submitted by me (us) represents the
property I (we) wish to have reclassified.
Y~sI' (We) understand that' I' (we) m 'b
heartnn . . e present at t
a-ng>or wi/Ll~be represent~d~blmv/~,.
Aaen~ ..... ' .... -
Robert C.. Fende~, Jr.
N~ICE: IN COMPLI~CE WIT~ C~~ 1~3.3187 F~RIDA ~A~Es
THIS PETITION ~ ONLY BE PRESE~
_
DURING ~y ~ NO~BER OF ~CH ~~ y~. P~E CONSULT
WITH THE ST. LUCIE COU~ ZONING DIVISION TO DET~INE
APPROPRIATE D~LINES FOR
~LA~-A~~LT~'C~PT D£TAIL
P~ov/~/on~ of genera!
~or en~Lre p. ro~ec~
(e)_ 2,
Convenience Store/
Gas Station
3,
22,000 S.F.
CN-CG
vacant
~ro~ect nime
Type ag Pro~ect '
~oleaalo Oale~
c. ~a~ehouaA~v . .
~:
Other oF con~LnatLon "sPecify
~lrceA else Lfl acre.
' 9- Iton-~eaLdent to/ ·
5. Land Uae ---~GentAa~ unLte
uae Cexll~Lng_~ Pro~~ land
~' ~LoL~.Lng Aa~ ua.
b. o~ ~
cPUbJ, lc~ ut. LJ. Lf:Leo aAd
oun~erl)4r~ oorvLeeo OF ~beLr
71
d, Surga~e.:draLn~v
e. Other
LEGAL DESCRIPTION
Begin at the Northeast corner of the North 340 feet of the Northeast
of the Northeast 1/4 of the Southeast 1/4 of Section 5, Townsh
South, Range 40 East, less the North 40 feet and the East 35 fee
road rights-of-way, thence run West along the Southerly ri
West Midway Road (White City Road) a distance of 210.5 feet, thence
South on a line parallel to the West right-of-way of South 25th
(Hawley Road) a distance of 145.0 feet, thence run Easterly on a
parallel to the South right-of-way line of West Midway Road (White
Road) a distance of 210.5 feet to the West right-of-way line of
25th Street (Hawley Road), thence run Northerly along said ri
to the Point of Beginning.
LESS AND EXCEPTING THEREFROM the following:
1. Begin at the Northeast corner of the North 340 feet
of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4
of Section 5, Township 36 South, Range 40 East, less the North
40 feet and the East 35 feet for road rights-of-way, thence
run West along the Southerly right-of-way of West Midway Road
(White City Road) a distance of 175 feet, thence run South on
a line parallel to the West right-of-way of South 25th Street
(Hawley Road) a distance of 125.0 feet, thence run Easterly on
a line parallel to the South right-of-way line of West Midway
Road (White City Road) a distance of 175 feet to the West
right-of-way line of South 25th Street (Hawley Road), thence
run Northerly along said right-of-way to the Point of
Beginning.
2. The West 35.5 feet and the South 20.0 feet of the
above described real property taken by eminent domain pursuant
to an Order of Taking entered on December 14, 1989, in that
certain civil action entitled St. Lucie County, etc., vs.
Robert C. Fender, Sr., et al., Case No. 89-1490-CA-05 before
the Circuit Court in and for St. Lucie County, Florida.
Zb
150.47'
~, (4 r~-OOO~ ~
.~ -ooo/2) ,--
2'
0
C)
06'
(413-0005
~ -ooo/5)
151.
(,~ ~3-ooo,~
-000/8)
(413-
0002
ooo/4L
15~. ~1'
'('t 13-ooo ~
-ooo/7')
(414-0002-
000/7) .,.,ID
33'
$~o
250'i
280'",
0 Y
~ 0
'0 0
ST. LUCIB COUNTY
.IS.T, ~ L%g~; ..........
P~ITION FOR C~E IN F~ ~ USE
Fee ~
Date
CLASSIFICATION
ROBERT C. FENDER, SR., .ROBERT C. FENDER, JR.
ApPlicant's Name: ahd DAVID A. FENDER, by their agent, FRANK H. FEE,
Applicant's Address: P.o. Box 1000
Fort Pierce, Florida 34954 '
ApPlicant's Phone Number: 461-5.020
I (We) do hereby petition the St. Lucie County Planning and
Zoning Commission and the St. Lucle County Board of County
Commissioners to change the FUture Land Use Classification of the
following Property:
Legal Description: (Type or print only tn black ink)
See Exhibit "A" appended hereto and by reference incorporated herein
Property Tax I.D. # 3~_05-41~-0003709~5 From:
d~;~(f~r~°n~f°r making this request is.. TO recoup that a
-. ... ,..r _es
heretofore
County
as
additional
rights-of-way for Midway Road and So. 25th 'Street ·
Yes
I
(We)
do
hereby certify that I (we) own tn fee
simple all of the above
described property and have
legal right to request a change in Future Land Use of
said property.
Yes
I
(We)
do
hereby certify that I (we) own tn fee
simple that portion of
for which a change tn FUture Land Use Is requested,
described as the above described Property
__ NIA. The$1 above remainder for which of the property described t~ paragraph
change in Future Land Use ts
requested is owned by
and that I (we) certify that the above legal
description submitted by have me (us) represents the
property I (we) wish to rec~ass~e
I' (We) understand that' ! (we) m .'be present at the
hear t-ng~or wi~-be~prese~t~~y//~ur)_~gen$/~
Frank H. Fee, III, Esquire ~_/~>~/~D~ff,~Sr//'-- ' ~.
Fee, Bryan & Koblegard, P.A. ./ _..~.~[ ' ~ ~
~- -~'~C~--~_COM~LI~cE WI~, C ' Robtrt C.. Fender, Jr.
~-f~~ION ~ ONLY BE pR"~ER 1(~.)lB; F~RIDA
WITH THE ST LUCIE COU~ ZONING DIVISION TO D~iNE
' ~' P~E CO~ULT
APPROPRIATE D~LiNES FOR
P~ovioLons of general
for ant/re proJec:~
__ (e)_ 2,
Convenience Store/
Gas Station
I~ro.1 ect name
ln£ormae~on ~or e&ch
T~pe of pro:Ject
a. RetaLled sales
b.
~h&le an(
~elesale sales
22,000 S.F.
27 --
CN-CG
vacant
on Si~e
--on site
on Site
on Site
e
Project else
, .a. ~°n'teaLdentlel. floor area
o. amber or m°a-re~AdentAsl unLts
5. ~ Uae
c. bLmLtA~'~~ Pro~.) land
c~Ae%L~ ~ir~ for
laAbl/c utllLtlea and Oorv/ceo or ~heLr
countet~r t I
4)
!
2
3
14
34
150. 47'
4 [3-000§
-000/2)
150.91'
413-000,5
-ooo/5) ~
151.25°
4 ~3-0004 ~.. ~
-ooo/8)
140'
144.08'
(41'3-
0002- ~
000/4) ' ;~
152.6t,
413-0001 _
~. -ooo/7)_8.
~ 128.31'
_ (4 14-0003
~. o0o/4) '
(4!4-0002-
000/7) ~
195. 12'
0 ~
:"~v'~O {{ 143.79'
106. 3"5' IZg. ~,' ±
620'~
214'
"" 118. 51 '
132. 71 '
128. 21'
125. 57'
'--4
142, 54'
143. 56'
c.n
42. 89'
259. 06'
260,,+
280"+
95'
9.
!
0
N
Z
/2
N
'~o ~>
~o~
0
0
o Y
~ 0
~'0 ~
~0 ~
o 0
ST. LUCIB COUN'fY
PETITION FOR C~fANGE IN FUTURE LAND USE CLASSIFXCATION
Fee:
Date
ApPlicant*s Name:
Applicant's Address:
ROBERT C. FENDER, SR.,.ROBERT C. FENDER, JR.
ahd DAVID A. FENDER, by their agent, FRANK H. FEE, Iii
P.O. Box 1000
Fort Pierce, Florida 34954
Applicant's Phone Number:
I (We) do hereby petition the St. Lucie County Planning and
Zoning Commission and the St. Lucie County Board of Connty
Commissioners to change the Future Land Use Classification of the
following property:
Legal Description: (Type or print only in black ink)
See Exhibit "A" appended hereto and by referer~ce incorporated herein
Yes
Property Tax I.D. # 3405-411-0003-000/5__ , . ~= From~ -~ff~ To, t~ ~m{
~y.(0ur)_ reason for making this request is: To recoup that ar
heretofor~ zc~~as has been taken by action in eminent, domain by St. Lucie
County as additional rights-of-way for Midway Road and So. 25th Street ·
Yes
_ I (We) do hereby certify that I (we) own in fee
simple all of the above described property and have
legal right to request a change in Future Land Use of
said property.
I (We) do hereby certify that ! (we) own in fee
simple that portion of the above described property
for which a change in Future Land Use is requested,
described as
The remainder of the property described i~ paragraph
#1 above for which change in Future Land Use is
requested is owned by
and that I (we) certify that the above legal
description submitted by me (us) represents the
property I (we) wish to have reclassified.
Ye s
'I' (We) understand 'that I' (we) m be Present at the
-- 4-- ~ > DA~,~ ~' ....... t) -~
A~en '' ....... ~?~'~-,,~'.' ~ ~
i'ranK_H. Fee, III, Esquire . .~__~~~Sr/--
tee, ~ryan & Koblegard, P.A.
Petitio~r (s)/' '- .....
N~ICE: IN COMPLI~CE WIT~ C~ER 1~3 Robert C.. Fender, Jr.
.3~ 87 F~RIDA ~A~Es
THIS PETITION ~ ONLY BE PRESE~ ~R PI~ ~ISSION R~
DURING ~y ~ NO~BER OF ~CH ~~ X~. P~E CO~ULT
WITH THE ST. LUCIE COU~ ZONING DIVISION TO D~iNE
APPROPRIATE D~LINES FOR ~I~.
ProvloL'ofll of genera!
gar entire project,
(e) 2o
Convenience Store/
Gas Station
22,000 S.F.
27 -
CN-CG
vacant
on site
on site
on site
project /nfornotLon gar each Phase and
Project name
T~pe of project
e. XeteLled ealeo
b.
Other or ~LnatLo~ -'epe¢~g¥
3. Parcel else Ln acreo
4. Project else
Land Use
uae /exlatl~g end,rope,)Plan lend
o. bXslt. Xng Xa~ uae--
counterparts
a. #ater
b, Sewer .
c.
d. Proteotion ..
e. Otbe~ =~ePe~lf~
·
150.47'
~4 ~3-ooo~
'000/2)
13-0005
-ooo/5)
(413-000,~
-ooo/ )
214'
259.06'
(4
0002 -
ooo/ z_
15~. §1,'~
'[413-0001
-000/7),
152.94'~
(,~ ~,~-ooo3
000/4)
.ch o
· ~ 0 '
0
(414-0002-
000/7)
127.37' 142.89'
196.33'
m
280' :1:
95' .
~/4.~' --
~,0 E,. 27'3 .....
I
1274.. '-
>';'~
o
q~ .
O' P'
I
o 0
~'o ~
~o (3
o 0
UIL'-ING DEPARTMEi~,IT~c~,~,
NO.
~.~LUC~ City of Ft. Pierce
City of Port St. Lucie
N°-
REC'D B~ M_ .~ ~~
ACCOUNT NUMBER
37809
St. Lucie Village
,~,/ c
19 /
AMOUNT
TOTAL AMT. REC'D $~:~ , ~
Canary Finance
Pink File Copy
PETITION FOR CttAI~E IN FUTURE LAND OSE CLASSIFICATION
Applicant's Name:
Applicant's Address:
ROBERT C. FENDER, SR., .ROBERT Co FENDER, JR.
ahd DAVID A. FENDER, by their agent, FRg2qK H. FEE, I'r
P.O. Box 1000
Fort Pierce, Florida 34954
Applicant's Phone Number: 461-5020
I (We) do hereby petition the St. Lucle Count- ~- and
Zoning Commission and the St. Lucle County
Commissioners to change th~ Future LaD~
following property I ~ /
Legal Description, ( ype
See Exhibit "A" appe_ nded ~
· C'- .v..:o.Ce'' ~o'~
¢,: ,..¢.%c,,,,'¢ \
~e present at the
~gard, P.A. "Petitton%r (s)/~/~~/-'~'
Robert C.. Fender, Jr.
NC ·~CE WITIt CItAPTER ~63.~87 FLORIDA STATUTES
TH2 *¢~¢°~ ~N ONLY BE PRESENTED FOR FINAL (X)I~IISSION REVIEW
DUR. .~a) NOVEMBER OF EACH CALE~ YI~%R. PLF~%SE dOHSULT
WITH ~ ST. LUCIE COU~ ZONING DIVISION TO D~INE
APPROPRIATE D~LINES FOR ~~.