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HomeMy WebLinkAbout17-014ORDINANCE 2017-14 FILE NO.: FLUMA 820165046 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR LAND OWNED BY RAVINIA PORT ST. LUCIE, LLC FROM RS (RESIDENTIAL SUBURBAN— 2 DU/ACRE) TO RU (RESIDENTIAL URBAN — 5 DU/AC); PROVIDING FOR FINDINGS OF CONSISTENCY; AUTHORIZING AMENDMENTS TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence including, but not limited to the staff report, has made the following determinations: 1. Ravinia Port St. Lucie, LLC_presented a petition for a Future Land Use Map Amendment from RS (Residential Suburban — 2 du/ac) to RU (Residential Urban — 5 du/ac) for the property described in Part A below, and depicted on Exhibit A. 2. On March 16, 2017, the St. Lucie County Local Planning Agency held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and has recommended that this Board deny the petition. 3. On April 4, 2017, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the property in Part A below, and authorized the transmittal of a change in Future Land Use Designation from RS (Residential Suburban) to RU (Residential Urban) to the Florida Department of Economic Opportunity for further agency review in accordance with the provisions of Chapter 163, Florida Statutes. 4. On June 6, 2017, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the property described in Part A below. FLUMA 820165046Ordinance No. 2017-14 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT June 6, 2017 SAINT LUCIE COUNTY Page 1 FILE # 4320550 06/1912017 09:15:01 AM ORDN OR BOOK 4009 PAGE 1048 - 1053 Doc Type RECORDING: $$2.50 1 5. The proposed change in land use is consistent with the goals, objectives, 2 and policies of the St. Lucie County Comprehensive Plan as described in 3 Part B. 4 5 6. The proposed change in land use is consistent with the existing and 6 proposed use of property in the surrounding area. 7 8 9 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. 10 Lucie County, Florida: 11 12 A. CHANGE IN FUTURE LAND USE DESIGNATION 13 14 The future land use designation set forth in the St. Lucie County Comprehensive 15 Plan for the property described as follows, is hereby changed from RS 16 (Residential Suburban) to RU (Residential Urban): 17 18 The land referred to herein below issituated inthe County of St. Lucie, State of Florida, and is 19 described as follows: 20 21 Lots 108, 109, 110, 1 1 1 , 120 and 121 in Section 5, Township 36 South, Range 40 East, 22 WHITE CITY SUBDIVISION, according to the Map or Plat thereof as recorded in Plat Book 1 , 23 Page(s) 23, Public Records of St. Lucie County, Florida, excepting however, from the above 24 described land the West 25 feet of Lots 108, 111 and 120 for Christensen Road right-of-way 25 and right-of-wayfor N.S.L.R.D.D. Canal No. 103. 26 27 Less and except therefrom, the following described real property as conveyed to St. Lucie 28 County, a political subdivision of the State of Florida, by Statutory Warranty Deed recorded 29 October 9, 2009 in Official Records Book 3135, Page 972, more particularly described as 30 follows: 31 32 Parcel 1:Water RetentionArea: 33 34 A portion of Lots 108 and 109 of WHITE CITY SUBDIVISION according to the Plat thereof as 35 recorded in Plat Book 1, at Page 23 of the Public Records of St. Lucie County, Florida, also 36 being a portion ofthat certain parcel of land described in Official Records Book 2152, at Page 37 1950 of the Public Records of St. Lucie County, Florida, lying in the Southeast 1/4 of Section 38 5, Township 36 South, Range 40 East, St. Lucie County, Florida, and being more particularly 39 described as follows: 40 41 Part "A": Commence at a found parker-kalon nail and disk stamped Culpepper Terpening PCP 42 LB 4286- marking the Northeast corner of the Southeast 1I4. Section 5, Township 36 South, 43 Range 40 East, as shown on St. Lucie County Right of Way Map for Midway Road, County Job 44 No. 0618; thence run South 89056'08" West, along the North line of the said Southeast 114. of 45 a distance of 2639.35 feet to the Northwest corner of said Southwest V. and the Northwest 46 corner of Lot 99 of White City Subdivision as recorded in Plat Book 1 , at Page 23 of the Public 47 Records of St. Lucie County, Florida as shown on said Right of Way Map; thence run South 48 00007'50" East along the West line of said Southeast 114 and the West line of said Lot 99 a FLUMA 820165046 Ordinance No. 2017-14 June 6, 2017 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 distance of 661.76 feet to the Northwest corner of Lot 108 of said White City Subdivision; thence departing said West line run North 89051'32" East along the North line of Lot 108 a distance of 25.00 feet to a paint on the existing Easterly right of way line of Christensen Road as shown on the aforesaid Right of Way Map for a Point of Beginning; thence departing said existing right of way line continue North 89051'32" East along the North line of Lots 108 and 109 of said White City Subdivision a distance of 651.27 feet to a found 3 inch diameter concrete monument with disk stamped P.R.M.LB 7264; thence departing said North line run North 89°48'29" East a distance of 20.00 feet; thence run South 0011'31" East a distance of 62.04 feet to the point of curvature of a curve concave Northwesterly having a radius of 275.00 feet and a chord bearing of South 27046'40" West; thence run Southwesterly along the arc of said curve through a central angle of 55°56'22" a distance of 268.49 feet to the point of tangency; thence South 55°44'51" West a distance of 106.62 feet; thence North 79°1609" West a distance of 35.36 feet; thence North 34°15'09" West a distance of 144.03 feet to the point ofcurvature of a curve concave Southwesterly having a radius of 225.00 feet and a chord bearing of North 621148 West; thence run Northwesterly along the arc of said curve through a central angle of 55°53'19" a distance of 219.47 feet to the point of tangency; thence South 8951'32" West a distance of 131.91 feet; thence North 45°08'37" West a distance of 40.45 feet to a point on the aforesaid existing Easterly right of way line of Christensen Road as shown on the aforesaid Right of Way Map of Midway Road; thence run North 00°07'50" West along said existing right of way line a distance of 96.40 feet to the Point of Beginning. AND ALSO Part "B". Commence at a found parker-kalon nail and diskstamped Culpepper Terpening PCP LB 4286- marking the Northeast corner of the Southeast 114 Section 5, Township 36 South, Range 40 East, as shown on St. Lucie County Right of Way Map for Midway Road, County Job No. 0618; thence run South 8956'08" West, along the North line of the said Southeast 114 of a distance of 2639.35 feet to the Northwest corner of said Southwest 114 and the Northwest corner of Lot 99 of White City Subdivision as recorded in Plat Book 1,at Page 23 of the Public Records of St. Lucie County, Florida as shown on said Right of Way Map; thence run South 00°07'50" East along the West line of said Southeast 114 and the West line of said Lot 99 a distance of 661.76 feet to the Northwest corner of Lot 108 of said White City Subdivision; thence departing said West line run North 89°51'32" East along the North line of Lot 108 a distance of 25.00 feet to a point on the existing Easterly right of way line of Christensen Road as shown on the aforesaid Right of Way Map; thence departing said North line run South 0007'50" East along said existing Easterly right of way line a distance of 203.66 feet for a Point of Beginning; thence departing said existing Easterly right of way line, run North 44049'49" East a distance of 40.51 feet; thence North 89°51'32" East a distance of 131.90 feet to the point of curvature of a curve concave Southwesterly having a radius of 175.00 feet and chord bearing of South 62°11'48" East, thence run Southeasterly along the arc of said curve through a central angle of 55°53'19" a distance of 170.70 feet to the point of tangency; thence South 34°15'09" East a distance of 144.03 feet; thence South 10°44'51" West a distance of 35.36 feet; thence South 55°44'51" West a distance of 85.91 feet to the point of curvature of a curve concave Southeasterly having a radius of 375.00 feet and chord bearing of South 44°33'08" West; thence run Southwesterly along the arc of said curve through a central angle of 22°23'26" a distance of 146.55 feet to the end of said curve and a point on the existing Northerly right of way line of St. Lucie County Canal No. 103 as shown on the aforesaid Right of Way Map of Midway Road; thence departing said curve run North 5949'42" West along said existing Northerly right of way line a distance of 238.64 feet to a point on the aforesaid existing Easterly right of way line of Christensen Road; thence departing said existing right of way line of Canal No. 103 run North 00°07'50" West along said existing FLU MA 820165046 June 6, 2017 Ordinance No. 2017-14 Page 3 C 19 1:11 F G easterly Right-of-way line, of Christensen Road a distance of 233.42 feet to the Point of Beginning. Location: West Midway Road, approximately 114 mile west of the South 251h Street. FINDING OF CONSISTENCY This Board specifically determines that the approval of this change in the Future Land Use Element is internally consistent with the policies and objectives contained in the St. Lucie County Comprehensive Plan. CHANGES TO THE FUTURE LAND USE MAPS The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause these changes to be made in the Future Land Use Map of the Future Land Use Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances, and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property, or circumstances. APPLICABILITY OF ORDINANCE This ordinance shall be applicable as stated in Paragraph A. FILING WITH THE DEPARTMENT OF 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. FLUMA 820165046 Ordinance No. 2017-14 June 6, 2017 Page 4 H J FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY The Planning & Development Services Director shall send a certified copy of this Ordinance to the State Land Planning Agency, 107 East Madison Street, Tallahassee, Florida, 32399-4120. EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10). ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Chris Dzadovsky AYE Vice Chair Tod Mowery AYE Commissioner Frannie Hutchinson AYE Commissioner Linda Bartz AYE Commissioner Kathy Townsend AYE PASSED AND DULY ADOPTED this 6th day of June, 2017. ueputy tien< BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY 4 'ry Ch an APPROVED AS TO FORM AND CORRECTNE'�S; , , _ „ ,r`? County Attorn FLUMA 820165046 Ordinance No. 2017-14 June 6, 2017 Page 5 0i� (D ro m M� P` O O m C) 0 d�1 �` C ((0 Y 0 ��, V W C� NW NWAU LN CA (n C n NW DUNN�RD DUNN;RD l7 C) fA TI 0 O '1 N o ( V1 Ej 0 ci 3 -n -u �% v� Imo' -n N C (f) N :0 Z7 0 R (DOfASI ENSEIV�RD ,.._. cin Ln y iC1 iU Cl) CD `—� CA � � C CL OD � N _ - - - JARGENSEN'RD --�L �u O 0 N cl Cr C)A 0 0 V) O;a r� o �� C7 O 07 C A r' z NITI (D ri A TI 1cn g � IOLO NE ST JAMES,bR e J.Z S 25Th S7 rt "C c m tl1 dyc' 0 D .;Z� m �.. n �Y 0 > J m :< rn :a rn m (/l y (lf (A C � y� Q Cz ti N Gi z i RICK SCOTT KEN DETZNER Governor Secretary of State November 30, 2017 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Alice Sennott Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 2017-14, which was filed in this office on November 30, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us