ORDINANCE located on the northeast corner of Thornhill Drive and Bayshore Boulevard and within the

Transcription

1 C lu.cil ITEM. fib ORDINANCE ITEM: A D : 4/24/17 AN ORDINANCE TO REZONE 0.47 ACRES OF PROPERTY LOCATED ON THE NORTHEAST CORNER OF THORNHILL DRIVE AND BAYSHORE BOULEVARD, LEGALLY DESCRIBED AS LOTS 31 AND 32, BLOCK 634, PORT ST. LUCIE SECTION 13, FROM RS-2 (SINGLE FAMILY RESIDENTIAL) TO I (INSTITUTIONAL), FOR A PROJECT KNOWN AS RICHARD AND JIMMIE HAISLEY, P17-024; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Richard and Jimmie Haisley seek to rezone 0.47 acres of property located on the northeast corner of Thornhill Drive and Bayshore Boulevard and within the City of Port St. Lucie, from the zoning designation of RS-2 (Single Family Residential) to I (Institutional); and WHEREAS, the City of Port St. Lucie Planning and Zoning Board held a public hearing on April 4, 2017 to consider the rezoning application (P17-024), 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 the April 24, 2017 to consider the rezoning application (P17-024), advertising of the public hearing having been made; and NOW, THEREFORE, THE CITY OF PORT ST. LUCIE HEREBY ORDAINS: Section 1: That the property described as Lots 31 and 32, Block 634, Port St. Lucie Section 13, be rezoned from the Zoning Classification of RS-2 (Single Family Residential) to I (Institutional). Section 2: That this Ordinance shall become effective ten (10) days after its final adoption. Page 1 of 2 P Richard and Jimmie Haisley Rezoning Application

2 ORDINANCE PASSED AND APPROVED by the City Council of the City of Port St. Lucie, Florida, this 8th day of May, CITY OF PORT ST. LUCIE, FLORIDA ATTEST: BY: Gregory J. Oravec, Mayor Karen A. Phillips, City Clerk APPROVED AS TO FORM: BY: 0. Reginald Osenton, City Attorney Page 2 of 2 P Richard and Jimmie Haisley Rezoning Application

3 ITEM #7(E) City of Port St. Lucie Planning and Zoning Department Memorandum TO: FROM: RE: PLANNING AND ZONING BOARD- MEETING OF APRIL 4, 2017 KATHERINE H. HUNTRESS, PLANNER RICHARD AND JIMMIE HAISLEY REZONING APPLICATION P DATE: MARCH 20, 2017 PROPOSED REQUEST: The proposed request seeks to rezone two lots from RS-2 (Single Family Residential) to I (Institutional). APPLICANT: Bradley J. Currie, Engineering Design and Construction, Inc. OWNER: Richard F. and Jimmie Anne Haisley LOCATION: The property is located on the northeast corner of Thornhill Drive and Bayshore Boulevard. LEGAL DESCRIPTION: Lots 31 and 32, Block 634, Section 13 SIZE: 0.47 acres FUTURE LAND USE: RL (Low Density Residential) EXISTING ZONING: RS-2 (Single Family Residential) REQUESTED ZONING: I (Institutional) EXISTING USE: Vacant land SURROUNDING USES: Future Land Use Zoning Existing Use N RL RS-2 Vacant land S RL Institutional development E RL RS-2 Single family residence W CG CG Commercial development Page 1 of 2 P Richard and Jimmie Haisley Rezoning Application

4 ITEM #7(E) IMPACTS AND FINDINGS: Land Use Consistency: The requested zoning change is justified and supported by the Comprehensive Plan; specifically the subject application is supported and justified by Objective 1.1.4: Future growth, development and redevelopment should be directed to appropriate areas as depicted on the Future Land Use Map; and Policy : I (Institutional) zoning district is compatible with the RL (Residential Low Density) land use. Sewer/Water Service: Port St. Lucie's Utility Systems is the provider of water and sewer. Environmental: An environmental assessment is required with the site plan application. STAFF RECOMMENDATION: The Planning and Zoning Department staff finds the petition to be consistent with the intent and direction of the City's Comprehensive Plan and recommends approval based on the analysis and findings as noted in the staff report. Planning and Zoning Board Action Options: o o Motion to recommend approval Motion to recommend denial 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. Page 2 of 2 P Richard and Jimmie Haisley Rezoning Application

5 GENERAL LOCATION CITY OF PORT ST. LUCIE PLANNING & ZONING DEPT. REZONE RICHARD F. & JIMMIE A. HAISLEY SECTION 13, BLOCK 634, LOTS 31 & 32 DATE 3/2/2017 APPLICATION NUMBER: P USER: patricias scale 1 in = 0.5 miles

6 AERIAL 0 CITY OF PORT ST. LUCIE PLANNING & ZONING DEPT. REZONE RICHARD F. & JIMMIEA. HAISLEY SECTION 13, BLOCK 634, LOTS 31 & 32 AERIAL DATE 2014 SER SCALE P patricias 1 in = 150 ft

7 FUTURE LAND USE REZONE RICHARD F. & JIMMIE A. HAISLEY SECTION 13, BLOCK 634, LOTS 31 & 32 USER SCALE P patricias 1 in = 300 ft

8 EXISTING ZONING REZONE RICHARD F. & JIMIVIIE A. HAISLEY SECTION 13. BLOCK 634, LOTS 31 & 32

9 ENGINEERS SURVEYORS LETTER OF JUSTIFICATION Haisley Rezone Rezone Application February 28, 2017 REQUEST On behalf of the Petitioner, Engineering, Design, & Construction, Inc. (EDC) is requesting rezone approval for a project to be known as Haisley Rezone from RS-2 to Institutional zoning. The parcels are generally located on the north side of SW Thornhill Drive and east side of SW Bayshore Blvd. The below table depicts the parcel ID numbers along with the existing and proposed zoning changes. The applicant wishes to obtain approval of this rezone to allow for a parking lot expansion to service the Haisley Hobbs Funeral Home. SITE CHARACTERISTICS &PROJECTHISTORY The subject property is located on the north side of SW Thornhill Drive and east side of SW Bayshore Blvd. in Port St. Lucie. The parcels associated with this application are identified in the below table: Parcel #: Parcel ID: Owner Address Existing Land Existing Zoning Proposed Zoning Richard F. Haisley Jimmie A. Haisley Richard F. Haisley Jimmie A. Haisley 2017 SW Bayshore Blvd SW Bayshore Blvd. RL RS 2 RL RS 2 Parcel #: Acreage TOTAL: 0.47 To the north of the parcels lies a vacant parcel with a Future Land Use Designation of Low Densi ty Residential and an unde rl y i ng zoning category of Single Family Residential (RS-2). To the northeast of the parcels lies a developed residential parcel with a Future Land Use Designation of Low Density Residential and an underlying zoning category of Single Family Residential (RS-2). To the east of the parcels lies a developed residential parcel with a Future Land Use Designation of Low Density Residential and an underlying zoning category of Single Family Residential (RS-2). To the south of the parcels lies the 80 right-of-way for SW Thornhill Drive followed by a commercial development known as Haisley-Hobbs Funeral Home. This parcel has a Future E N G I N E E R I N G D E S I G N & C O N S T R U C T I O N, I N C C I V I L E N G I N E E R S & S U R V E Y O R S S P E C I A L I Z I N G I N L A N D D E V E L O P M E N T SW Village Parkway. Suite 201, Port St. Lucie.. FL ph-(772) fx: 772)

10 Land Use Designation of Low Density Residential and an underlying zoning category of Institutional. The applicant is intending to develop the subject properties as an expansion to the parking associated with the Haisley-Hobbs Funeral Home. To the west of the subject property lies the 100' right-of-way for Bayshore Boulevard followed by Tire Choice. The parcel to the west has a Future Land Use Designation of Commercial General and an underlying zoning category of General Commercial. Based on the above and attached information, the applicant respectfully request approval of the proposed application. S'EDC-cngineenng_ I7 Prcleclstl Rick :laisley Baysnore ParingccI'EDC OocumenlzISYPmillaI DocumenlsUusllflcannn Slalemenl.,2O Maisley_Rezonejuslifcalion_Na«aSve_I pal cop Haisley Rezone Page 2 of 2 February

11 REZONINGAPPLICATION CITY OF PORT ST. LUCIE FOR OFFICE USE ONLY Planning & Zoning Department 121 SW Port St. Lucie Boulevard Planning Dept. P/7 a-'1 Port St. Lucie, Florida (772) FAX:(772) Fee (Nonrefundable)$.^ j3. 20 Receipt # 13/43/ 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 rocessed. Attach proof of ownership: two copies of recorded deed. If the apolicationincludes more than one(1)lot.our Leaal De p artment willcontact you regarding execution of the required Unity of Title. Please type or print cllearly in BLACK ink. PRIMARYCONTACT ADDRESS: 2009 and 2017 SW Bayshore Blvd., Port St. Lucie, FL PROPERTY OWNER: Name: Ricahrd F. Haisley & Jimmie A. Haisley Address: 3015 Okeechobee Road, Fort Pierce, FL Telephone No.: FAX No.: AGENT OF OWNER (if any) Name: Bradley J. Currie, Engineering Design & Construction, Inc. Address: SW Village Parkway, Suite 201, Port St. Lucie, FL Telephone No.: No: FAX PROPERTY INFORMATION Legal Description: Lots 31 and 32, Block 634, Section 13, Port St. Lucie (Include Plat Book and Page) Parcel I.D. Number: 342C and Acreage Current Zoning: RS-2 Proposed Zoning: Institutional Future Land Use Designation: Low Density Residential of Property: 0.47 acres Reason for Rezoning Request: Request to change the zoning to Professional to allow for the construction of a parking lot to serve the adjacent Haisley-Hobos funeral Home. ("ll Z4aeLrm,e Hand/Print Name 07"'/Dr *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 concur rency 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`SHRREJWPPLCTN\REZAPPL(06i23/11)

12 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # OR P 77K 3784 PAGE 2208, Recorded 09/03/201' an 11:55 AM Doc Tax: $ Pre pared by and return to. Frank H Fee, III Chief Executive Officer Treasure Coast Abstract & Title Insurance Co. 426 Avenue A Fort Pierce, FL File Number: Consideration: 535, (Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 26th day of August between NuView IRA Inc. FBO David B. Derrenbacker IRA # , whose post office address is 1064 Greenwood Blvd., Ste. 312, Lake Mary, FL 32746, grantor, and Richard F. Haisley and Jimmie Anne Haisley, husband and wife, whose post office address is 3015 Okeechobee Rd., Ft. Pierce, 34947, grantee: (Whenever used herein the terms "grantor " and "grantee " include all the parties to this instrument and he heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Saint Lucie County, Florida to-wit: Lots 31 and 32, Block 634, PORT ST. LUCIE SECTION THIRTEEN, according to the map or plat thereof, as recorded in Plat Book 13, Page(s) 4, 4A through 4M, of the Public Records of St. Lucie County, Florida. Parcel Identification Number: /1 and Parcel Identification Number: /4 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants 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, (Execution of grantor appears on following second page.)

13 OE BOOK 3794 PAGE 2209 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: NuView IRA, Inc. FBO David B. Derrenbacker IRA # By. ^/- (Seal) First Witness Signature 'Sc nn a.,,, or his a thorized designee Second Witnes nature Second Wit ss Printed Name State of Florida County of lei'n Th foregoing...instrument was sworn to and subscribed before m this d/ day of August, 2015, by S(lY1 [Signor Name] as C 1. d,(,- [Title of Signor] of NuView IRA, Inc. FBO David B. Derrenbacker IRA # , [ ] is personally known or [ ] has produced a driver's license as identification. [Notary Seal] Notary Public TAMMY PEREZ Notary Public. State of Florida My Comm. Expires May 24, 2016 Commission # FF L'nderl Trough National Wary Assn. Printed Name: )a/7'7 My Commission Expires: trarranty Deed - Page 2

14 Richard F. Haisley 3015 Okeechobee Road Fort Pierce, FL AGENT CONSENT FORM Project Name: Haisley Rezone Parcel ID: and BEFORE ME THIS DAY PERSONALLY APPEARED RAC^C WHO BEING DULY SWORN, DEPOSES AND SAYS THE FOLLOWI G: I hereby give CONSENT to Engineering Design & Construction, Inc. to act on my behalf, to submit or have submitted applications and all required material and documents, and to attend and represent me at all meetings and public hearings pertaining all City, County and State permits for completion of the project indicated above. Furthermore, I hereby give consent to the party designated above to agree to all terms and conditions which may arise as part of the approval of this application for the proposed use of a commercial development. FURTHER AFFIANT SAYETH NOT. Theforegoing '' instrument was acknowledged before me this -- day of, 20 f7, by ''ii i^i&\\(name of Person Acknowledging) who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. J -''Owner's Signature ^ Printed Name of Notary Owner's Name KIM K SMILEY MY COMMISSION if FF EXPIRES; Augusi 13, 2017 bonded Thru Notary Public Undenrriter - My commission expires 3o^S c, \ D Street Address City, State, Zip -\ Z\Z Telephone /

15 CITY OF PORT ST LUCIE COUNCIL AGENDA MEMORANDUM Agenda Item #: 1 oa Meeting Dates: 4/24/17 & 5/8/17 (Public Hearing - Quasijudicial) TO: Mayor and City ouncil VIA: Russ Blackburn y Manager FROM: Patricia A. Tobin, AICP, Director of Planning and Zoning Agenda Item: Ordinance: Rezoning Application for Richard and Jimmie Haisley (P17-024) Submittal Date: 4/5/2017 STRATEGIC PLAN LINK: This item is consistent with Goal 3: Balanced and Responsible Sustainable Growth. BACKGROUND: The proposed request seeks to rezone two lots from RS-2 (Single Family Residential) to I (Institutional). This is consistent with the Comprehensive Plan and will allow for development of a parking lot on the site. The purpose of this is to provide additional parking for the existing Haisley Funeral Home across Thornhill Boulevard to the south. ANALYSIS: See attached staff report. FINANCIAL INFORMATION: NA LEGAL INFORMATION: This ordinance was approved as to form by Attorney Keri Norbraten for City Attorney O. Reginald Osenton on April 6, 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..." Council Agenda iliemorandum V I.l

16 PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board unanimously recommended approval of the rezoning application at their April 4, 2017 meeting. SPECIAL CONSIDERATION: NA PRESENTATION INFORMATION: application. Staff may provide a short presentation on the REQUESTED MEETING DATE: 4/24/2017 & 5/8/2017 LOCATION OF PROJECT: The property is located on the northeast corner of Thornhill Drive and Bayshore Boulevard. See attached maps. ATTACHMENTS: Ordinance, staff report, maps, application. PT/kh Council Agenda Memorandum V1.1