CITY OF PORT ST LUCIE

Transcription

1 CITY OF PORT ST LUCIE COUNCIL AGENDA MEMORANDUM Agenda Item #: 10A Meeting Date: June 12, 2017 and Quasi-Judicial Hearing on June 26, 2017 TO: VIA: FROM: Mayor and City C uncil Russ Blackburn, ity Manager Patricia Roebling, P.E., Assistant City Manag Patricia A. Tobin, AICP, Director of Planning and Zonin Agenda Item: Ordinance: St. Lucie Fire District - Rezoning Application (P17-042) Submittal Date: 5/22/2017 STRATEGIC PLAN LINK: Sustainable Growth. This item is consistent with Goal 3: Balanced and Responsible BACKGROUND: This is a rezoning application to change the zoning designation on 2.05 acres from RS-1 (Single Family Residential) to I (Institutional). ANALYSIS: See attached staff report. FINANCIAL INFORMATION: N/A LEGAL INFORMATION: This ordinance was approved as to form by attorney Phil Mugavero for City Attorney O. Reginald Osenton on May 16, NOTICE/ADVERTISING: Legal notice shall be provided by the City Clerk's office in accordance with FSS (3) (a), "...shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality..." PLANNING AND ZONING BOARD: The Planning and Zoning Board unanimously recommended approval of this rezoning application on May 2, SPECIAL CONSIDERATION: N/A PRESENTATION INFORMATION: Staff will provide a short presentation. P SLC Fire District Rezoning Application

2 REQUESTED MEETING DATES: 6/12/2017 & 6/26/2017 LOCATION OF PROJECT: The property is located on the northwest corner of Flanders and Cenci roads and north of Port St. Lucie Boulevard. ATTACHMENTS: Ordinance, staff report, and recommendation. PT/JF 2 P SLC Fire District Rezoning Application

3 ORDINANCE COUNCIL ITEM 1 OA DATE 6/5/17 AN ORDINANCE TO REZONE 2.05 ACRES OF PROPERTY LOCATED ON THE NORTHWEST CORNER OF FLANDERS AND GENA ROADS, NORTH OF PORT ST. LUCIE BOULEVARD, FROM RS-1 (SINGLE FAMILY RESIDENTIAL) TO I (INSTITUTIONAL) FOR A PROJECT KNOWN AS SLC FIRE DISTRICT, P17-042; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, St. Lucie County Fire District, seeks to rezone 2.05 acres of property located on the northwest corner of Flanders and Gena Roads, and within the City of Port St. Lucie, from the zoning designation of RS-1 (Single Family Residential) to I (Institutional); and WHEREAS, the City of Port St. Lucie Planning and Zoning Board held a public hearing on May 2, 2017 to consider the rezoning application (P17-042), notice of said hearing to adjoining property owners for a radius of seven-hundred fifty (750) feet having been given and advertising of public hearing having been made; and WHEREAS, the City Council held a public hearing on June 12, 2017 to considerthe rezoning application (P17-042), advertising of the public hearing having been made; and NOW, THEREFORE, THE CITY OF PORT ST. LUCIE HEREBY ORDAINS: Section 1: That the property legally described as Port St. Lucie Unit 4, Block 110, Lots 7, 8, 9, and 10, Port St. Lucie be rezoned from the Zoning Classification of RS-1 (Single Family Residential) to I (Institutional). Section 2: That this Ordinance shall become effective ten (10) days after its final adoption. PASSED AND APPROVED by the City Council of the City of Port St. Lucie, Florida, this day of June, 2017.

4 ORDINANCE CITY OF PORT ST. LUCIE, FLORIDA BY: Gregory J. Oravec, Mayor ATTEST: Karen A. Phillips, City Clerk APPROVED AS TO FORM: BY: O. Reginald Osenton, City Attorney P SLC Fire District Rezoning Application Page 2 of 2

5 ITEM 7 (D) City of Port St. Lucie Planning and Zoning Department A City for All Ages TO: PLANNING AND ZONING BOARD - MEETING OF MAY 2, 2017 FROM: RE: JOHN FINIZIO, PLANNER ST. LUCIE COUNTY FIRE DISTRICT REZONING APPLICATION PROJECT NO. P DATE: APRIL 19, 2017 PROPOSED PROJECT: This is a rezoning application to change the zoning designation on 2.05 acres from RS-1 (Single Family Residential) to I (Institutional). APPLICANT: staff report. St. Lucie County Fire District. The authorization letter is attached to the OWNER: JC and ML Associates, LLC. LOCATION: The property is located on the northwest corner of Flanders and Gena Roads, north of Port St. Lucie Boulevard. LEGAL DESCRIPTION: Port St. Lucie Unit 4, Block 110, Lots 7, 8, 9, and 10. SIZE: Approximately 2.05 acres. EXISTING ZONING: RS-1 (Single Family Residential). EXISTING USE: Vacant land. SURROUNDING USES: Direction Future Land Use Zoning Existing Use N RL RS-1 Existing single family homes S ROI P/RS-1 Vacant land/existing residential houses E ROI RS-1 Existing single family homes W RL RS-1 Existing single family homes P SLC Fire District Rezoning Application Page 1 of 3

6 ITEM 7 (D) REQUESTED ZONING: I (Institutional). FUTURE LAND USE: ROI (Residential Office Institutional). IMPACTS AND FINDINGS: Land Use Consistency: This property is located within the City's conversion area. In 1984, the City adopted The City of Port St. Lucie Conversion Manual to address the shortage of land available for both commercial and institutional facilities. Within these conversion areas, single-family lots can be assembled to create larger parcels for suitable development. The rezoning of this property is consistent with the direction and policies of the City's Comprehensive Plan. In particular, Policy which identifies the Institutional Zoning District as compatible with the ROI (Residential Office, and Institutional) future land use. Compliance With Conversion Area Requirements: Planning Area location per conversion manual: 7A The property is totally within planning area: Yes Minimum Frontage: Yes Minimum Depth: Yes Does the request isolate lots: No Has a Unity of Title been submitted: Yes, a unity of title was submitted to the Legal Department on April 19, Buffer required: A landscaped buffer and wall is required: Yes, this site is adjacent to residential uses and is required to provide a landscape buffer wall. Sewer/Water Service: The City of Port St. Lucie Utility Systems Department will provide water and sewer service for this project. A developer's agreement with the City Utility Systems Department, that is consistent with the adopted level of service, is required prior to issuance of building permits. Environmental: All environmental issues will be addressed during site plan review. As part of a future site plan application, an environmental study will be required to be submitted and reviewed as required per School Concurrency: Not applicable as this is for a commercial project. P SLC Fire District Rezoning Application Page 2 of 3

7 ITEM 7 (D) Other: As required by (L), an approved site plan is required before any onsite and off-site improvements can be made to ensure compliance with all City rules and regulations (G) (1), Landscape Buffer Strips Abutting Residential or Open Space Land Uses - Wall Required: any commercial, institutional, office, or public facility uses that abut residential or open space land is required to construct a 10-foot landscape buffer strip with an architectural wall. Since this property abuts residential property to the north and west, rezoning to Institution would require an architectural wall in the landscape buffer strip along the northern and western property lines. As defined in (G) (1) (b), this architectural wall shall be at least six (6) feet in height measured from the finished floor elevation of the primary structure, not to exceed eight (8) feet. This required wall installation must be completed prior to the issuance of any foundation permits for the building. Currently these four lots have not been unified. A request to unify these properties was submitted to the City's Legal Department on April 19, 2017 to prepare and record a unity of title for these lots. This unity of title will need to be approved prior to the application being reviewed by City Council. On the evening of Wednesday April 12, 2017, the Fire District held a neighborhood meeting at Morningside Elementary. This meeting was to inform the neighbors of the intention of locating a new fire station in the neighborhood. STAFF RECOMMENDATION: The Planning and Zoning Department staff finds the request to be consistent with the direction and intent of the future land use map and policies of the City's Comprehensive Plan and recommends approval. Planning and Zoning Board Action Options: Motion to recommend approval to the City Council Motion to recommend denial to the City Council Please note: Should the Board need further clarification or information from either the applicant and/or staff, it may exercise the right to table or continue the hearing or review to a future meeting. P SLC Fire District Rezoning Application Page 3 of 3

8 REZONING ST. LUCIE COUNTY FIRE DISTRICT UNIT 04, BLOCK 110, LOTS 7-10

9 AERIAL CITY OF PORT ST. LUCIE PLANNING & ZONING DEPT. REZONING ST. LUCIE COUNTY FIRE DISTRICT UNIT 04, BLOCK 110, LOTS 7-10 AERIAL DATE 2014 P USER patricias SCALE. 1 in = 200 ft

10 p2 7 S 7. (c. CITY OF PORT ST. LUCIE PLANNING & ZONING DEPT. REZONING ST. LUCIE COUNTY FIRE DISTRICT UNIT 04, BLOCK 110, LOTS 7-10 USER SCALE P patricias 1 in=300ft

11 EXISTING ZONING REZONING ST. LUCIE COUNTY FIRE DISTRICT UNIT 04, BLOCK 110, LOTS 7-10

12 REZONING APPLICATION CITY OF PORT ST. LUCIE FOR OFFICE USE ONLY Planning & Zoning Department 121 SW Port St. Lucie Boulevard ^^^tg Planning Dept. /9/7- Port St. Lucie, Florida ^e^+ Fee (Nonrefundable $.? /9.. d (772) FAX:(772) Receipt # / & 2cs\l Refer to "Fee Schedule" for application feei`ake chec., ble to the "City of Port St. Lucie". Fee is nonrefundable unless application is withdrawn prior to the Plai A'.r ±+«' ^^ : Board Meeting. All items on this application should be addressed, otherwise it cannot be prows.. `i 'h proo of ownership: two copies of recorded deed. If the application includes more than one (1)lot1Legal Department will contact you regarding execution of the required Unity of Title. Please type or print clearly in BLACK ink. PRIMARY CONTACT ADDRESS: buddy@slcfd.org PROPERTY OWNER: Name: JC and ML Associates, LLC Address: th Avenue, Vero Beach, FL Telephone No.: FAX No.: AGENT OF OWNER (if any) Name: St. Lucie County Fire District Address: 5160 NW Milner Drive, Port St. Lucie, FL Telephone No.: FAX No: PROPERTY INFORMATION South Port St. Lucie - Unit 04 - Blk 110 Lots 7, 8, 9 and 10 Legal Description: (Include Plat Book and Page) Parcel I.D. Number: and Current Zoning: Proposed Zoning: SF Residential RS-4 and RS-1 I - Institutional Future Land Use Designation: Rol Acreage of Property: 2.05 acres Reason for Rezoning Request: Location of Fire Station (2/i &- ri T3.-)Dl `' ^Mr&1?&9,J Hand Print Name 5 /111-1 D e *If signature is not that of the owner, a letter of authorization from the owner is needed. NOTE: Signature on this application acknowledges that a certificate of concurrency for adequate public facilities as needed to service this project has not yet been determined. Adequacy of public facility services is not guaranteed at this stage in the development review process. Adequacy for public facilities is determined through certification of concurrency and the issuance of final local development orders as may be necessary for this project to be determined based on the application material submitted. H:\PZ\SHARED\APPLCTN\REZAPPL(06/23/11)

13 This Document Prepared By and Return to: Lawrence Y. Leonard, Esquire 817 Beachland Boulevard Vero Beach, Florida Telephone: (772) Parcel Identification # /7 i ±i Eg WARRANTY DEED THIS WARRANTY DEED made the a l_ day of/1&,s- b u, 2002, by Michael B. Lubeck, a single man, and John S. Cairns, a married man ("Grantors") to J. C. & M. L. Associates, L.L.C., a Florida limited liability company, whose address is 1981 S.E. Port St. Lucie Boulevard, ( "Grantee"). Port St. Lucie, FL (Whrrr.Y, wed hemp, the tmm, 'Grantor* and 'Grantee' refined to enr,i.ty oe eolktihrly, Inehde all the milts to thia In,In.,nent and the htin, Icy-al reproentath et and aalrnt of IndiviJutlt, tnd the mama. and a,tlptu o oeroratlaeu.) WITNESSETH: That the Grantors, for and in consideration of the sum of TEN DOLLARS and NO/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, the following described property located in St. Lucie County, Florida: Lot 7, Block 110, SOUTH PORT ST. LUCIE UNIT FOUR, according to the map or plat thereof, as recorded in Plat Book 13, Page(s) 11, Public Records of St, Lucie County, Florida, $ S coo:, a.... E NON-HOMESTEAD: The property is not the homestead property of the Grantors herein nor does it adjoin the homestead property of the Grantors. No member of the Grantors ' families reside therein. TOGETHER with all the tenements, hereditmnents and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantors hereby covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple; that the Grantors have good right and lawful authority to sell and convey said land; that the Grantors hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2001, and covenants, conditions, restrictions, limitations, and easements of record, if any, which provisions shall not operate to reimpose the same. IN WITNESS 1V1IEREOF, Grantors have signed and scaled these presents the day and year first above written. Signed, scaled and delivered in the presence of: Orzt44 d PRINTED: eetsf '(iq N^le.O^ n S. Cairns 038 Riverhead Road Port St. Lucie, FL C 0..i (^OS5 1\on('Qr )1

14 OR BOOK 1630 PAGE 1702 The foregoing instrument was sworn to and acknowledged before me this c,) day of (,_jly, 2002, by Michael B. Lubeck and John S. Cairns. My Commission expires: STAMP/SEAL) RFSECCA D. HARM 6h COMAYSs o 1 CC 93I%9 t+' EXPIRES:,y^yyI 20, 04 6o-we nw Now,. u»..bn Notary Public, State of Florida at Large Personally known OR Produced Identification Type of Identification Produced

15 `j.,or. 7 D This Document Prepared By and Return to: Lawrence Y. Leonard, Esquire 817 Beachland Boulevard Vero Beach, Florida Telephone: (772) b Parcel Identification # /1 WARRANTY DEED THIS WARRANTY DEED made the _ a)., day of 4)LA194-, 2002, by Michael B. Lubeck, a single man, and John S. Cairns, a married man ( "Grantors") to J. C. Sr M. L. Associates, L.L.C., a Florida limited liability company, whose address is 1981 S.E. Port St. Lucie Boulevard, ("Grantee "). Port St. Lucie, FL (Whern er woj hudn, the terms 'Clanton' and'game rdm,j to singularly a eolle<ttn,3. include all the yanks to this In.uument and the heirs, Iegal rq+romutit a and a Ign, a fnjiddoil. and the anctsarm and ustgns of corporation,.) WITNESSETH: That the Grantors, for and in consideration of the sum of TEN DOLLARS and NO/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, the following described propetty located in St. Lucie County, Florida; Lot 9, Block 110, SOUTH PORT ST. LUCIE UNIT FOUR, according to the map or plat thereof, as recorded in Plat Book 13, Page(s) 11, Public Records of St. Lucie County, Florida. NON-HOMESTEAD: The property is not the homestead property of the Grantors herein nor does it adjoin the homestead property of the Grantors. No member of the Grantors' families reside therein. ono cnto w o. TOGETHER with all the tenements, hercditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantors hereby covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple; that the Grantors have good right and lawful authority to sell and convey said land; that the Grantors hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2001, and covenants, conditions, restrictions, limitations, and easements of record, if any, which provisions shall not operate to reimpose the same. IN WITNESS WHEREOF, Grantors have signed and scaled these presents the day and year first above written. Signed, scaldd and delivered in the presence of: c% phis S. Cairns 2038 Riverbend Road Port St. Lucie, FL 'fy\0,', \- no55 Oe.y-,C\tv soy,

16 OR BOOK 1630 PAGE 1706 } STATE OF FLORIDA COUNTY 0 L! The oregoing instrument was sworn to and acknowledged before me this 022 day of, 2002, by Michael B. Lubeck and John S. Cairns. My Commission expires: (STAMP/SEAL) " MECCAO.tuRW ^9 i, MY OWACS$!CN l CC EXPIRES: Auga120, 2001 e MS4ThV MwryMk WfwnM Notary Public, Stare of Florida at Large Personally known OR Produced Identification Type of Identification Produced

17 :40 SLCFD Fire Prevention (FAX) P Agent Qf Record Letter TO THE CITY OF PORT ST. LUCIE AND/OR ST. LUCIE COUNTY DEVELOPMENT REVIEW DIVISION AND/OR THE DEVELOPMENT REVIEW COMMITTEE, PLANNING COMMISSION, BOARD OF COUNTY COMMISSIONERS, WATER MANAGEMENT DISTRICT, FDEP AND FDOT: For the properties identified as South Port St. Lucie - Unit 04 - Blk 110 Lots 7, 8, 9 and 10, Parcel I.D. Numbers and , I, as Manager for JC and ML Associates, LLC, hereby designate and appoint SLCFD Fire Chief Buddy Emerson, as my/our Agent of Record for the purposed of representing me/us during the Development Review Process and/or hearing process., including without limitation rezoning, site plan review, construction plan review, utility and draining plan review and signage. My/our Agent of Record is hereby vested with authority to make any representations, agreements, or promises that are necessary or desirable in conjunction with the review process. My Agent of Record is also athorjzed to accept or reject any conditions imposed by any reviewing board or entity. Date: L o S. g- nrks /) Applicant/Owner (Print) ( Applicant/Owner Signature Title of Applicar ldwner State of Florida} County of ;,flin, t:)%hl,} '' 1 Avenue. Vero Beach.FL Address Telephone: 7 7') Subscribed to and acknowledged before me by,}^,(,^,, who is /personally known to me or produced as identification, on this 4 i day of /.!.4^^2 ^Y/,.'-yvQ /Lt (S Notary Public, State of Florida at Large Commission No.: C j v '7 ') C' (/ My commission expires: cz, J a o.;2. /