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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- __' _- - 1.12 !4 .1. 5 '! 8 2t 25 216 27: 28 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 ~2 :i5 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 21 22 - 23 2~4 25 26 27 28 ~ '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 11 13 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. 4 5 6 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: 10 ................. A2 CF~%I~GE- IN- FUTURE_ LAtCD3USE CLASSIFICATION- 12 ~3 17 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'). 19 2O 2! 22' 23 ~ 25 2~6 27 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 5 6 7 8 9 10 12 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. 4 5 6 ~7 9 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: 11 12 !3 14-- 15 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 4 10 , 12 13 17 21 '23 '24 2 %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 7 8 11 12 'I 4 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')- 21 24 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 3 4 5 7 8 9 10 13 i4 15 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. 3 4 6 7 $ 9 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 24 25 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 ~~.