PORT ST. LUCIE CITY COUNCIL

Transcription

1 PORT ST. LUCIE CITY COUNCIL AGENDA ITEM SUMMARY Meeting Date: November 27, 2017 Agenda Item #: 1 OC Quasi-Judicial at 2'd Reading PLACEMENT: First Reading of Ordinances ACTION REQUESTED: Motion / Vote ADOPT ORDINANCE - REZONING APPLICATION FOR SEVEN REAL ESTATE HOLDINGS, LLC (P17-192) SUBMITTED BY: Daniel Robinson, Planner STRATEGIC PLAN LINK: The City's Mission to plan for smart and balanced growth. EXECUTIVE SUMMARY (General Business): This application proposes to rezone approximately 1.14 acres from LMD (Limited Mixed Use District) to CG (General Commercial). PRESENTATION INFORMATION: Staff may provide a presentation. 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. Move that the Council approve the ordinance as recommended by the Planning and Zoning Board. ALTERNATE RECOMMENDATIONS: 1. Move that the Council not approve the ordinance. BACKGROUND: On November 7, 2017, the Planning and Zoning Board unanimously recommended approval of this rezoning application. ISSUES/ANALYSIS: See attached staff report. FINANCIAL INFORMATION: N/A SPECIAL CONSIDERATION: N/A LOCATION OF PROJECT: Southwest corner of Port St. Lucie Boulevard and Cary Street. ATTACHMENTS: Ordinance Staff Report NOTE: All of the listed items in the "Attachment" section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk. Agenda Memorandum (General Business) V 2.3

2 LEGAL SUFFICIENCY REVIEW: Reviewed by Elizabeth Hertz, Assistant City Attorney. Approved as to Legal form and sufficiency by 0. Reginald Osenton, City Attorney. ROUTING: 1. Department requesting Agenda Item: N/A APPROVAL(S): 2. Department preparing Agenda Item: Patricia A. Tobin, Planning and Zoning Director 3. Secondary Department Approval: N/A 4. City Manager's Office: Patricia Roebling, Assistant City Mana 5. City Manager's Office: N/A 6. City Manager: Russ Blackburn NOV Agenda Memorandum (General Business) V 2.3 CITY M ANA fl'

3 COUNCIL ITEM 1 0C DATE ORDINANCE AN ORDINANCE TO REZONE 1.14 ACRES OF PROPERTY LOCATED ON THE SOUTHWEST CORNER OF SW PORT ST. LUCIE BOULEVARD AND SW CARY STREET FROM LMD (LIMITED MIXED USE DISTRICT) TO CG (GENERAL COMMERCIAL) FOR A PROJECT KNOWN AS SEVEN REAL ESTATE HOLDINGS, LLC (P17-192); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Seven Real Estate Holdings, LLC, seeks to rezone 1.14 acres of property located on the southwest corner of SW Port St. Lucie Boulevard and SW Cary Street, and described as Port St. Lucie Section 18, Block 766, Lots 17-20, and within the City of Port St. Lucie, from the zoning designation of LMD (Limited Mixed Use District) to CG (General Commercial); WHEREAS, the City of Port St. Lucie Planning and Zoning Board held a public hearing on November 7, 2017 to consider the rezoning application (P17-192), notice of said hearing to adjoining property owners for a radius of seven-hundred and fifty (750) feet havin g been g iven and advertisin g of oublic hearin g havin g been made; and WHEREAS, the City Council held a public hearing on November 27, 2017 to consider the rezoning application (P17-192), advertising of the public hearing having been made; and WHEREAS, the proposed zoning is consistent with all applicable elements of the City's adopted Comprehensive Plan and complies with the City's Code of Ordinances. NOW, THEREFORE, THE CITY OF PORT ST. LUCIE HEREBY ORDAINS: Section 1. Ratification of Recitals. The City Council of the City of Port St. Lucie, Florida, hereby adopts and ratifies those matters as set forth in the foregoing recitals. Page 1 of 3 P Seven Real Estate Holdings, LLC Rezoning Application

4 ORDINANCE Section 2. That the property described as Port St. Lucie Section 18, Block 766, Lots 17-20, be rezoned from the Zoning Classification of LMD (Limited Mixed Use District) to CG (General Commercial). Section 3. Conflict. If any ordinances, or parts of ordinances, or if any sections, or parts of sections, of the ordinances of the City of Port St. Lucie, Florida, are in conflict herewith, this Ordinance shall control to the extent of the conflicting provisions. Section 4. Severability. The provisions of this Ordinance are intended to be severable. If any provision of this Ordinance is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect. Section 5. Effective Date. That this Ordinance shall become effective ten (10) days after its final adoption. Page 2 of 3 P Seven Real Estate Holdings, LLC Rezoning Application

5 ORDINANCE PASSED AND APPROVED by the City Council of the City of Port St. Lucie, Florida, this day of 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 Page 3 of 3 P Seven Real Estate Holdings, LLC Rezoning Application

6 ITEM # 7(F) City of Port St. Lucie Planning and Zoning Department A City for All Ages TO: PLANNING AND ZONING BOARD - MEETING OF NOVEMBER 7, 2017 FROM: RE: DANIEL ROBINSON, PLANNER P SEVEN REAL ESTATE HOLDINGS, LLC REZONING APPLICATION DATE: OCTOBER 17, 2017 PROPOSED REQUEST: This application proposes to rezone approximately 1.14 acres from LMD (Limited Mixed Use District) to CG (General Commercial). APPLICANT Derek Williams of Verdad Real Estate. Authorization letter is attached to the staff report. OWNER: LOCATION: Seven Real Estate Holdings, LLC. Southwest corner of 'Port St. Lucie Boulevard and Cary Street. LEGAL DESCRIPTION: Port St. Lucie Section 18, Block 766, Lots SIZE: 1.14 acres EXISTING ZONING: LMD (Limited Mixed Use District) EXISTING USE: Institutional SURROUNDING USES: Direction Future Land Use Zoning Existing Use N CG CG Retail shop S RL RS-2 Residential buildings E CG LMD Institutional W CG CG Retail shops 1 P Seven Real Estate Holdings, LLC Rezoning Application

7 ITEM # 7(F) REQUESTED ZONING: CG (General Commercial) FUTURE LAND USE : CG (General Commercial) PROPOSED USE: The applicant is proposing a fast-food restaurant with a drivethrough service. The drive-through requires the special exception use. IMPACTS AND FINDINGS: Land Use Consistency: The rezoning of this property is consistent with the direction and policies of the City's Comprehensive Plan. In particular, Policy identifies the CG Zoning category as compatible with the CG Future Land Use Classification. Compliance With Conversion Area Requirements: Planning Area location per conversion manual: 5 The property is totally within planning area: Yes Minimum Frontage: Yes (160) Minimum Depth: Yes Does the request isolate lots: No Has a Unity of Title been submitted: Yes Buffer required: A landscaped buffer and wall is required: Yes; The current project has a landscape buffer wall as required. Sewer/Water Service: Port St. Lucie Utility Systems Department will provide water and sewer service to this development. Environmental: A tree survey is required to be included with the site plan amendment as per of the City of Port St. Lucie Land Development Regulations. School Concurrency: N/A Relater Projects: P PSL Church of God site plan application. The site plan was approved by City Council on June 10, 2013 s P Ronald and Mary Ann Platt rezoning application. Ordinance 09-95, rezoning from P (Professional) to LMD (Limited Mixed Use District) was approved by City Council on December 7, STAFF RECOMMENDATION: 2 P Seven Real Estate Holdings, LLC Rezoning Application

8 ITEM # 7(F) 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. 3 P Seven Real Estate Holdings, LLC Rezoning Application

9 GENERAL LOCATION CITY OF PORT ST. LUCIE PLANNING & ZONING DEPT. REZONING SEVEN REAL ESTATE HOLDINGS, LLC SECTION 18, BLOCK 766, LOTS DATE: 10/16/2017 APPLICATION NUMBER: P USER SCALE. patricias 1 in = 0.5 miles

10 AERIAL CITY OF PORT ST. LUCIE PLANNING & ZONING DEPT. REZONING SEVEN REAL ESTATE HOLDINGS, LLC SECTION 18, BLOCK 766, LOTS AERIAL DATE 2014 USER SCALE P patricias 1 in = 200 ft

11 FUTURE LAND USE ()SR TRACT "J" (J) --I : za ' (/) 6 13 J m A _-_" CRES CENT AVE A PORT ST LUCIE BL-VD : CHAPMAN AVE SUBJECT" 21 -.PROPERTY , ' ESSEX DR ' 6 9 ' 705' to : ' GLENWOOD DR RL d \ CITY OF PORT ST. LUCIE PLANNING & ZONING DEPT STATLER AVE 25 MOSELLE AVE ' REZONING SEVEN REAL ESTATE HOLDINGS, LLC SECTION 18, BLOCK 766, LOTS DATE /16/2017 APPLICATION NUMBER: P USER patricias SCALE: 1 in = 300 ft

12 EXISTING ZONING CITY OF PORT ST. LUCIE PLANNING & ZONING DEPT. REZONING SEVEN REAL ESTATE HOLDINGS, LLC SECTION 18, BLOCK 766, LOTS APPLICATION NUMBER: USER SCALE P patricias 1 in=300ft

13 CITY OF PORT ST. LUCIE Planning & Zoning Department 121 SW Port St. Lucie Boulevard Port St. Lucie, Florida (772) FAX: (772) REZONING APPLICATION FOR OFFICE USE ONLY Planning Dept. P/7-/9a Fee (Nonrefundable)$Ig /64. 6 o' Receipt # f.zs5',1 Refer to "Fee Schedule" for application fee. Make checks payable to the "City of Port St. Lucie". Fee is nonrefundable unless application is withdrawn prior to the Planning and Zoning Board Meeting. All items on this application should be addressed, otherwise it cannot be processed. Attach proof of ownership: two copies of recorded deed. If the application includes more than one (1) lot ` our Legal Department will contact you regarding execution of the required Unity of Title. Please type or print c early in BLACK ink. PRIMARY CONTACT ADDRESS: C0C PROPERTY OWNER: Name: Seven Real Estate Holdings, LLC Q_o Lem () Address: 117 Hidden Glen Way Telephone No.: FAX No.: AGENT OF OWNER (if any) Name: Verdad Real Estate -- 7C (- Address:.. " ()),'f l, a,o')s 1211 S. White Chapel Blvd. Southiake, TX Telephone No.: PROPERTY INFORMATION Legal Description: See attached legal / separate sheet (Include Plat Book and Page) " -' DWllamSp Ve,rf,c c,, cofv'; FAX No: Parcel I.D. Number: Current Zoning: P (Professional) RECEIM) Proposed Zoning: Commercial General (CG) SEP Future Land Use Designation: Commercial General (CG), Acreage of Property: 1.14 PLANNINGOERARTPAVENT CITY OF FORT ST. W rf E, P. Reason for Rezoning Request: It is the desire of the developer to construct a single story free standing quick servie restaurant of approximately 2,967 sf with a drive through window. Specifically a Burger King Restaurant. P does not support the use and as the future land use / comprehensive land use of GC allows for the use (with a SEU) it is thus sought. *Signature of Owner It() Lea Hanclrint Name *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) Date

14 Legal Description Land situate, lying and being in Saint Lucie County, Florida to wit: Lots 17,18, 19 & 20, Block 766, Port St. Lucie, Section 18, according to the plat thereof recorded in plat book 13, pages 17, 17a-17k, of the public records of St. Lucie County, Florida.

15 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # OR BC 4024 PAGE 629, Recorded 0' '6/ :08:40 PM Doc Tax: $ Prepared bv: Baker Monroe, PLLC 1300 S. University Drive, Suite 318 Fort Worth, Texas Property Appraiser's Parcel Identification (Folio) No /9 Grantee's Tax I.D. No. SPECIAL WARRANTY DEED STATE OF FLORIDA COUNTY OF ST. LUCIE KNOW ALL MEN BY THESE PRESENTS: THAT PORT ST. LUCIE WORSHIP CENTER, INC., a Florida non-profit corporation ("Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) cash and other good and valuable consideration paid by SEVEN REAL ESTATE HOLDINGS, LLC, a Delaware limited liability company ("Grantee"), whose mailing address is 117 Hidden Glen Way, Dothan, AL 36303, HAS GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents DOES GRANT, BARGAIN, SELL and CONVEY unto Grantee all that certain land situated in Port St. Lucie, St. Lucie County, Florida, as more particularly described on Exhibit"A" which is attached hereto and incorporated herein by reference for all purposes, together with all appurtenances thereon or in anywise appertaining thereto and all buildings, structures and improvements located thereon (said land, improvements and appurtenances being herein together referred to as the "Property"). This conveyance, however, is made and accepted subject to those certain "Permitted Exceptions " (so defined) attached hereto as Exhibit "B". TO HAVE AND TO HOLD the Property unto Grantee, and Grantee's heirs, legal representatives, successors and assigns forever, and Grantor does hereby bind Grantor, and Grantor's heirs, legal representatives, successors and assigns to WARRANT and FOREVER DEFEND, all and singular the Property unto Grantee and Grantee's heirs, legal representatives, successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof by, through or under Grantor, but not otherwise, subject to the Permitted Exceptions. For the same consideration, Grantor hereby GRANTS, BARGAINS, SELLS and CONVEYS, without warranty express or implied, all interest, if any, of Grantor in (i) strips or gores, if any, between the Property and abutting properties and (ii) any land lying in or under the bed of any street, alley, road or right-of-way, opened or proposed, abutting or adjacent to the Property. Ad valorem taxes for the year of this Deed have been prorated; accordingly, by its acceptance of this Deed, Grantee assumes responsibility to pay all ad valorem taxes on the Property for such year and all subsequent years. [Signature on following page] SPECIAL WARRANTY DEED PAGE 1

16 OR BOOK 4024 PAGE F';0 Executed as of this LS day of July Signed, sealed and delivered in the presence of: SELLER: rf c /1.T86-r-- [print or type name] PORT ST. LUCIE WORSHIP CENTER, INC., a Florida i on-profit corporation l /_.,^. nr\i rci 130 i-ern STATE OF FLORIDA COUNTY OFT. LUCIE ca wrr4 o This instrument was acknowledged before me on July , by Pe.C'eizaLDC. GW A) of PORT ST. LUCIE WORSHIP CENT R, INC., a.florida non-profit corporation, on behalf of said corporation. Notary Public, te of Florida My Commission Expires: to /1af 6T Printed/Typed 1ame of Notary 7.% THOMASA FOGT,r MY COMMISSION 4FF : pub tll 't ^ sor,dedtrnir^unota ers SPECIAL WARRANTY DEED PAGE 2

17 OR BOOK 4024 PAGE 6';1 EXHIBIT "A" LEGAL DESCRIPTION OF THE LAND Land, situate, lying and being in Saint Lucie County, Florida to wit: Lots 17, 18, 19 & 20, Block 766, Port St. Lucie, Section 18, according to the Plat thereof recorded in Plat Book 13, Page 17, 17A-17K, of the Public Records of St. Lucie County, Florida. SPECIAL WARRANTY DEED PAGE 3

18 OR BOOK 4024 PAGE F^2 EXHIBIT "B :9 PERNIITTED EXCEPTIONS 1. Taxes and assessments for the year 2017 and subsequent years, which are not yet due and payable. 2. Cross Access Easement Agreement granted by Port St. Lucie Worship Center, Inc. dated September 18, 2013 and recorded on September 20, 2013 in OR Book 3562, Page 403, as shown on survey dated May 22, 2017 prepared by William Wright, P.S.M. No. 6868, with Wright PSM, LLC. 3. Declaration of Unity of Title recorded October 22, 2009 in OR Book 3138, Page Right of Way Easement granted to the State of Florida, Department of Transportation recorded in OR Book 0808, Page 2000, as shown on a survey dated May 22, 2017 prepared by William Wright, P.S.M. No. 6868, with Wright PSM, LLC. 5. Easements and Restrictions set forth on Plat Map 13, Page 17, as shown on a survey dated May 22, 2017 prepared by William Wright, P.S.M. No. 6868, with Wright PSM, LLC. SPECIAL WARRANTY DEED PAGE 4