HomeMy WebLinkAbout15-011 JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT
1 ORDINANCE 15-011 SAINT LUCIE COUNTY
FILE# 4131580 11113/2015 at 03:55 PM
2 FKA 15-003 OR BOOK 3808 PAGE 406-411 Doc Type:ORDN
RECORDING: $52.50
3 FILE NO.: FLUMA-520144770
4
5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
6 LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE
7 PLAN FUTURE LAND USE MAP FOR A 11.93 ACRE (M.O.L.) PARCEL OF LAND
8 OWNED BY RUFFIN PROPERTIES, LLC, FROM RM (RESIDENTIAL MEDIUM —
9 9DU/ACRE) TO COM (COMMERCIAL); PROVIDING FINDINGS; PROVIDING FOR
10 CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING
11 FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA
12 DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA
13 DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN
14 EFFECTIVE DATE; AND PROVIDING FOR ADOPTION.
15
16 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
17 testimony and evidence, including but not limited to the staff report, has made the following
18 determinations:
19
20 1. A petition of Ruffin Properties, LLC to amend the adopted Comprehensive Plan Future
21 Land Use Map for a 11.93 acre (more or less) parcel of land owned by Ruffin
22 Properties, LLC and located on North Hutchinson Island, from RM (Residential Medium
23 — 9 du/acre) to COM (Commercial) within St. Lucie County, Florida, in accordance with
24 Chapter 163, Florida Statutes; and
25
26 2. The Board of County Commissioners of St. Lucie County as the governing body of St.
27 Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida
28 Statutes, is authorized and empowered to consider amendments to the adopted
29 Comprehensive Plan of St. Lucie County; and
30
31 3. On July 16, 2015, the St. Lucie County Planning and Zoning Commission/Local
32 Planning Agency held a public hearing, of which due notice was published in the St.
33 Lucie News Tribune and notifying by mail all owners of property within 500 feet of the
34 subject property, and recommended to the Board of County Commissioners that the
35 petition for Future Land Use Map Amendment for Ruffin Properties, LLC be approved;
36 and
37
38 4. On August 4, 2015 the Board of County Commissioners of St. Lucie County, Florida
39 held a transmittal hearing, of which due notice was placed in the St. Lucie News
40 Tribune where authorization was granted to transmit the proposed Future Land Use
41 Map Amendment to the State Department of Economic Opportunity (DEO) and
42 surrounding jurisdictions. The DEO issued a letter dated September 28, 2015 with a
43 finding of no comments related to State resources and facilities; and
44
45 5. On October 6, 2015, the Board of County Commissioners of St. Lucie County, Florida
46 held a public hearing, of which due notice was placed in the St. Lucie News Tribune,
47 and continued the item to November 3, 2015, where due notice was placed in the St.
48 Lucie News Tribune; and
Ordinance No. 15-011
File No.: FLUMA-520144770
Page 2
1
2 6. The proposed amendment to the Future Land Use Map is consistent with the goals,
3 objectives, and policies of the St. Lucie County Comprehensive Plan.
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. FINDINGS
17
18 The Board of County Commissioners of St. Lucie County, Florida, finds that the approval of
19 this amendment to the adopted Comprehensive Plan Future Land Use Element is internally
20 consistent with the goals, objectives and policies contained in the St. Lucie County
21 Comprehensive Plan and provides for the recognition that impacts of this approval on the
22 public facilities of St. Lucie County will not occur until such time as a Final Development Order
23 for development on this property is issued.
24
25 The Board of County Commissioners of St. Lucie County, Florida, finds that the amendment
26 satisfies all applicable standards for granting an amendment to the adopted Future Land Use
27 Map and that the amendment is in the best interest of the health, safety and public welfare of
28 the citizens St. Lucie County.
29
30 Additionally, the Board of County Commissioners of St. Lucie County, Florida, finds that the
31 property is located within one-quarter of a mile of Mixed Use Development (MXD) land use,
32 which is the equivalent or greater type of land use classification and that the property is
33 located within the Five Year Capital Improvement Program of the Water and Wastewater
34 Master Plan for St. Lucie County as per Policy 1.1.5.3 as outlined in the Board of County
35 Commissioners staff report dated November 3, 2015, entitled "Future Land Use Map
36 Amendment — Commercial Resort, Ruffin Properties, LLC — Proposed Amendment to the
37 Future Land Use Map to COM (Commercial)."
38
39 C. CHANGE TO FUTURE LAND USE MAP
40
41 The St. Lucie County Planning and Development Services Director is hereby authorized and
42 directed to cause this change to be made in the Future Land Use Map of the Future Land Use
43 Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the
44 date of adoption of this Ordinance.
45
Ordinance No. 15-011
File No.: FLUMA-520144770
Page 3
1
2 D. CONFLICTING PROVISIONS
3
4 Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie
5 County, County Ordinances and County Resolutions, or parts thereof, in conflict with this
6 Ordinance are hereby superseded by this Ordinance to the extent of such conflict.
7
8 E. SEVERABILITY
9
10 If any portion of this Ordinance is for any reason held or declared to be unconstitutional,
11 inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If
12 this Ordinance or any provisions thereof shall be held to be inapplicable to any person,
13 property, or circumstances, such holding shall not affect its applicability to any other person,
14 property or circumstance.
15
16 F. APPLICABILITY OF ORDINANCE
17
18 This Ordinance shall be applicable as stated in Paragraphs A, B and C.
19
20 G. FILING WITH THE DEPARTMENT OF STATE
21
22 The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau
23 of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304.
24
25 H. FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY
26
27 The Planning and Development Services Director shall send a certified copy of this Ordinance
28 to the Department of Economic Opportunity Bureau of Community Planning Caldwell Building
29 107 East Madison Street, MSC 160 Tallahassee, FL 32399.
30
31 I. EFFECTIVE DATE
32
33 The effective date of this plan amendment, if the amendment is not timely challenged, shall be
34 31 days after the Department of Economic Opportunity notifies the local government that the
35 plan amendment package is complete. If timely challenged, the amendment shall become
36 effective on the date the Department of Economic Opportunity or the Administration
37 Commission enters a final order determining this adopted amendment to be in compliance. No
38 development orders, development permits, or land uses dependent on this amendment may
39 be issued or commence before it has become effective. If a final order of noncompliance is
40 issued by the Administration Commission, this amendment may nevertheless be made
41 effective by adoption of a resolution affirming its effective status, a copy of which resolution
42 shall be sent to the Department of Economic Opportunity.
43
Ordinance No. 15-011
File No.: FLUMA-520144770
Page 4
1
2 J. ADOPTION
3
4 After motion and second, the vote on this Ordinance was as follows:
5
6 Paula A. Lewis, Chair AYE
7
8 Kim Johnson, Vice-Chair AYE
9
10 Chris Dzadovsky, Commissioner AYE
11
12 Tod Mowery, Commissioner AYE
13
14 Frannie Hutchinson, Commissioner AYE
15
16
17 PASSED AND DULY ADOPTED this 3rd day of November, 2015.
18
19
20
21 BOARD OF COUNTY COMMISSIONERS
22 ST. LUCIE COUNTY, FLORIDA
23
24
25
26 BY aQ�G G'�'/ 4,/,.
27 Chair
28
29
30
31
32
33 ATTEST APPROVED AS TO FOR
34 AND ORRECTNE
35 /
36
37 O /WA
38
39 Deputf"Clerj _.-: . County At •rne,
40
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Ordinance No. 15-011
File No.: FLUMA-520144770
Page 5
1 Exhibit "A"
2 LEGAL DESCRIPTION & FUTURE LAND USE MAP
3
4 LEGAL DESCRIPTION:
5 THE SOUTH 500 FEET OF CORAL COVE BEACH SECTION ONE, LYING EASTERLY OF THE EAST RIGHT-OF-WAY
6 LINE OF STATE ROAD A-1-A; SAID SOUTH 500 FEET BEING ALSO DESCRIBED AS TRACTS C, D, E, F AND THAT
7 PART OF TRACT G LYING SOUTH OF A LINE PARALLEL WITH AND 500 FEET NORTH OF THE SOUTH LINE OF
8 TRACT C CORAL COVE BEACH, SECTION ONE AS PER THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 11,
9 PAGES 30A AND 30B,OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA
10
11 ALSO ADDITIONAL UNPLATTED LANDS LYING EASTERLY OF THE ABOVE PARCEL:
12
13 A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY,
14 FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
15
16 BEGINNING AT THE SOUTHEAST CORNER OF THE PLAT OF CORAL COVE BEACH, SECTION ONE, AS RECORDED
17 IN PLAT BOOK 11, PAGES 30A AND 30B, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA; THENCE
18 NORTH 17°03'09" WEST ALONG THE EAST LIMITS OF SAID PLAT,A DISTANCE OF 531.29 FEET;THENCE SOUTH
19 87°17'28" EAST,A DISTANCE OF 416.21 FEET TO A POINT ON THE MEAN HIGH WATER LINE OF THE ATLANTIC
20 OCEAN AS LOCATED ON DECEMBER 6, 2013; THENCE SOUTH 15°26'33" WEST A DISTANCE OF 46.03 FEET;
21 THENCE SOUTH 04°12'53" EAST A DISTANCE OF 46.28 FEET;THENCE SOUTH 06°36'07" EAST,A DISTANCE OF
22 44.36 FEET;THENCE SOUTH 12°51'15" EAST: A DISTANCE OF 43.52 FEET,THENCE SOUTH 10°55'28" EAST,A
23 DISTANCE OF 44.36 FEET; THENCE SOUTH 16°33'15" EAST, A DISTANCE OF 45.64 FEET; THENCE SOUTH
24 31°04'53" EAST, A DISTANCE OF 45.79 FEET; THENCE SOUTH 36°27'02" EAST; A DISTANCE OF 43.53 FEET;
25 THENCE SOUTH 31°07'02" EAST; A DISTANCE OF 45.90 FEET; THENCE SOUTH 16°49'38" EAST; A DISTANCE
26 OF 44.69 FEET;THENCE SOUTH 14°07'38"EAST,A DISTANCE OF 42.79 FEET,THENCE SOUTH 24°49'52" EAST;
27 A DISTANCE OF 49.85 FEET,THENCE LEAVING SAID MEAN HIGHWATER LINE, RUN NORTH 87°17'28" WEST,A
28 DISTANCE OF 405.30 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 11.93 ACRES, MORE OR
29 LESS
30
31 PARCEL ID NUMBERS SITE ACERAGE
32 1425-701-0206-000/4 11.93 acres
33
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Ordinance No. 15-011
•
File No.: FLUMA-520144770
Page 6
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RICK SCOTT KEN DETZNER
Governor Secretary of State
November 10, 2015
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Angela Riggins
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. 15-011, which was filed in this office on November 10,
2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
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