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Home My WebLink About15-0031 2 3 4 5 6 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 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4058595 04/14/2015 at 11:51 AM OR BOOK 3735 PAGE 372 - 375 Doc Type: ORDN RECORDING: $35.50 ORDINANCE 15-003 FILE NO.: FLUMA-520144770 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR A 11.93 ACRE (M.O.L.) PARCEL OF LAND OWNED BY RUFFIN PROPERTIES, LLC, FROM RM (RESIDENTIAL MEDIUM — 9DU/ACRE) TO COM (COMMERCIAL); PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA 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: A petition of Ruffin Properties, LLC to amend the adopted Comprehensive Plan Future Land Use Map for a 11.93 acre (more or less) parcel of land owned by Ruffin Properties, LLC and located on North Hutchinson Island, from RM (Residential Medium — 9 du/acre) to COM (Commercial) within St. Lucie County, Florida, in accordance with Chapter 163, Florida Statutes; and 2. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida Statutes, is authorized and empowered to consider amendments to the adopted Comprehensive Plan of St. Lucie County; and 3. On November 20, 2014, the St. Lucie County Planning and Zoning Commission/Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie News Tribune and notifying by mail all owners of property within 500 feet of the subject property, and recommended to the Board of County Commissioners that the petition for Future Land Use Map Amendment for Ruffin Properties, LLC be approved; and 4. On January 6, 2015, the Board of County Commissioners of St. Lucie County, Florida held a transmittal hearing, of which due notice was placed in the St. Lucie News Tribune and authorization was granted to transmit the proposed Future Land Use Map Amendment to the State Department of Economic Opportunity and surrounding jurisdictions; and 5. On April 7, 2015, the Board of County Commissioners of St. Lucie County, Florida held the final public hearing, of which due notice was placed in the St. Lucie News Tribune, and deemed adoption of the amendment to be in the best interests of the citizens and residents of the County; and Ordinance No. 15-003 File No.: FLUMA-520144770 Page 2 1 6. The proposed amendment to the Future Land Use Map is consistent with the goals, 2 objectives, and policies of the St. Lucie County Comprehensive Plan as outlined in the 3 Planning and Zoning Commission staff report dated November 20, 2014. 4 5 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie 6 County, Florida: 7 8 A. AMENDMENT TO FUTURE LAND USE DESIGNATION 9 10 The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan for 11 the property described in Exhibit "A," attached hereto, containing an 11.93 acre (more or less) 12 parcel of land owned by Ruffin Properties, LLC and located on North Hutchinson Island, is 13 hereby amended from RM (Residential Medium — 9 du/acre) to COM (Commercial), as 14 depicted in the attached Exhibit. 15 16 B. FINDING OF CONSISTENCY 17 18 The Board of County Commissioners of St. Lucie County, Florida, specifically determines that 19 the approval of this amendment to the adopted Comprehensive Plan Future Land Use 20 Element is internally consistent with the goals, objectives and policies contained in the St. 21 Lucie County Comprehensive Plan and provides for the recognition that impacts of this 22 approval on the public facilities of St. Lucie County will not occur until such time as a Final 23 Development Order for development on this property is issued. 24 25 C. CHANGE TO FUTURE LAND USE MAP 26 27 The St. Lucie County Planning and Development Services Director is hereby authorized and 28 directed to cause this change to be made in the Future Land Use Map of the Future Land Use 29 Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the 30 date of adoption of this Ordinance. 31 32 D. CONFLICTING PROVISIONS 33 34 Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie 35 County, County Ordinances and County Resolutions, or parts thereof, in conflict with this 36 Ordinance are hereby superseded by this Ordinance to the extent of such conflict. 37 38 E. SEVERABILITY 39 40 If any portion of this Ordinance is for any reason held or declared to be unconstitutional, 41 inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If 42 this Ordinance or any provisions thereof shall be held to be inapplicable to any person, 43 property, or circumstances, such holding shall not affect its applicability to any other person, 44 property or circumstance. 45 46 F. APPLICABILITY OF ORDINANCE 47 48 This Ordinance shall be applicable as stated in Paragraphs A, B and C. 49 50 51 Ordinance No. 15-003 File No.: FLUMA-520144770 Page 3 G. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY The Planning and Development Services Director shall send a certified copy of this Ordinance to the Department of Economic Opportunity Bureau of Community Planning Caldwell Building 107 East Madison Street, MSC 160 Tallahassee, FL 32399. 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), Florida Statutes. J. ADOPTION After motion and second, the vote on this Ordinance was as follows: Paula Lewis, Chair AYE Kim Johnson, Vice -Chair AYE Chris Dzadovsky, Commissioner AYE Tod Mowery, Commissioner AYE Frannie Hutchinson, Commissioner AYE PASSED AND DULY ADOPTED this 7th day of April, 2015. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST APPROVED AS TO FORM AND.CORRECTNESS . County A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Ordinance No. 15-003 File No.: FLUMA-520144770 Page 4 Exhibit "A" LEGAL DESCRIPTION & FUTURE LAND USE MAP A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF THE PLAT OF CORAL COVE BEACH, SECTION ONE, AS RECORDED IN PLAT BOOK 11, PAGES 30A AND 30B, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA; THENCE NORTH 17003'09" WEST ALONG THE EAST LIMITS OF SAID PLAT, A DISTANCE OF 531.29 FEET; THENCE SOUTH 87017'28" EAST, A DISTANCE OF 416.21 FEET TO A POINT ON THE MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN AS LOCATED ON DECEMBER 6, 2013; THENCE SOUTH 15026'33" WEST A DISTANCE OF 46.03 FEET; THENCE SOUTH 04012'53" EAST A DISTANCE OF 46.28 FEET; THENCE SOUTH 06036'07" EAST, A DISTANCE OF 44.36 FEET; THENCE SOUTH 12051'15" EAST: A DISTANCE OF 43.52 FEET; THENCE SOUTH 10°55'28" EAST, A DISTANCE OF 44.36 FEET; THENCE SOUTH 16°33'15' EAST, A DISTANCE OF 45.64 FEET; THENCE SOUTH 31004'53" EAST, A DISTANCE OF 45.79 FEET; THENCE SOUTH 36027'02" EAST; A DISTANCE OF 43.53 FEET; THENCE SOUTH 31007'02" EAST; A DISTANCE OF 45.90 FEET; THENCE SOUTH 16049'38" EAST; A DISTANCE OF 44.69 FEET; THENCE SOUTH 14007'38"EAST, A DISTANCE OF 42.79 FEET, THENCE SOUTH 24049'52" EAST; A DISTANCE OF 49.85 FEET, THENCE LEAVING SAID MEAN HIGHWATER LINE, RUN NORTH 87017'28" WEST, A DISTANCE OF 405.30 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 11.93 ACRES, MORE OR LESS Tax ID No.: 1425-701-0206-000-4 24 1 SHOREWINOS DR FLUMA-520144770 Future Land Use Ruffin Properties LLC MXD s 3 � m � U a m � U z CPUB 3 Atlantic Ocean 1 1 1 I I I, Fiw ft. notification area COM - Commercial RM - Residential Medium (9 du/ac)N RU - Residential Urban (5 du/ac)ject property CPUB -Conservation Public MXD - Mixed Use Development Map pmpamd October 17, 201d �� TtiL .si-I jt �f S FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor April 20, 2015 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Sue Korunow Dear Mr. Smith: KEN DETZNER Secretary of State APR 21 2015 COUNTY ATTORNEY Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 15-003, which was filed in this office on April 20, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb 0�' R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www. dos. state. fl. us