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Home My WebLink About14-017JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3955620 05/15/2014 a101:24 PM e: ORDN OR BOOK 3632 PAGE 2556 - 2559 Doc Typ RECORDING: $35.50 1 ORDINANCE NO. 14-017 2 FILE NO.: FLUMA - 920134668 3 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. 5 LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE 6 PLAN FUTURE LAND USE MAP FORA 5 ACRE (M.O.L.) PARCEL OF LAND 7 OWNED BY MARY RITCHEY, FROM CPUB (CONSERVATION PUBLIC) TO 8 (RESIDENTIAL URBAN - 5 DU/ACRE); PROVIDING FINDINGS; PROVIDING 9 FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; 10 PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE 11 FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE 12 FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN 13 EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. 14 15 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 16 testimony and evidence, including but not limited to the staff report, has made the following 17 determinations: 18 19 1. Acounty-initiated amendment to the adopted Comprehensive Plan Future Land Use 20 Map fora 5 acre (more or less) parcel of land owned by Mary Ritchey and located on 21 North Hutchinson Island, from CPUB (Conservation Public) to RU (Residential Urban - 22 5 du/acre) within St. Lucie County, Florida, in accordance with Chapter 163, Florida 23 Statutes; and 24 25 2. The Board of County Commissioners of St. Lucie County as the governing body of St. 26 Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida 27 Statutes, is authorized and empowered to consider amendments to the adopted 28 Comprehensive Plan of St. Lucie County; and 29 30 3. On April 17, 2014, the St. Lucie County Planning and Zoning Commission/Local 31 Planning Agency held a public hearing, of which due notice was published in the St. 32 Lucie News Tribune and notifying by mail all owners of property within 500 feet of the 33 subject property, and recommended to the Board of County Commissioners that the 34 petition for Future Land Use Map Amendment for Mary Ritchey approved; and 35 36 4. On May 6, 2014, the Board of County Commissioners of St. Lucie County, Florida held 37 a public hearing, of which due notice was placed in the St. Lucie News Tribune and 38 notifying by mail all owners of property within 500 feet of the subject property, and 39 deemed the adoption of the amendment to the Comprehensive Plan to be in the best 40 interests of the citizens and residents of the County. 41 42 5. The proposed amendment to the Future Land Use Map is consistent with the goals, 43 objectives, and policies of the St. Lucie County Comprehensive Plan as outlined in the 44 Planning and Zoning Commission staff report dated April 17, 2014 and. 45 46 47 Ordinance No. 14-017 File No.: FLUMA-920134668 Page 2 1 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie 2 County, Florida: 3 4 A. AMENDMENT TO FUTURE LAND USE DESIGNATION 5 6 The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan for ~, 7 the property described in Exhibit A, attached hereto, containing 5 acres more or less, located 8 on North Hutchinson Island, from CPUB (Conservation Public) to RU (Residential Urban - 5 9 du/acre), as depicted in the attached Exhibit. 10 11 B. FINDING OF CONSISTENCY 12 13 The Board of County Commissioners of St. Lucie County, Florida, specifically determines that 14 the approval of this amendment to the adopted Comprehensive Plan Future Land Use 15 Element is internally consistent with the goals, objectives and policies contained in the St. 16 Lucie County Comprehensive Plan and provides for the recognition that impacts of this 17 approval on the public facilities of St. Lucie County will not occur until such time as a Final 18 Development Order for development on this property is issued. 19 20 C. CHANGE TO FUTURE LAND USE MAP 21 22 The St. Lucie County Planning and Development Services Director is hereby authorized and 23 directed to cause this change to be made in the Future Land Use Map of the Future Land Use 24 Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the 25 date of adoption of this Ordinance. 26 27 D. CONFLICTING PROVISIONS 28 29 Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie 30 County, County Ordinances and County Resolutions, or parts thereof, in conflict with this 31 Ordinance are hereby superseded by this Ordinance to the extent of such conflict. 32 33 E. SEVERABILITY 34 35 If any portion of this Ordinance is for any reason held or declared to be unconstitutional, 36 inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If 37 this Ordinance or any provisions thereof shall be held to be inapplicable to any person, 38 property, or circumstances, such holding shall not affect its applicability to any other person, 39 property or circumstance. 40 41 F. APPLICABILITY OF ORDINANCE 42 43 This Ordinance shall be applicable as stated in Paragraphs A, B and C. 44 45 G. FILING WITH THE DEPARTMENT OF STATE 46 47 The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau 48 of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 49 50 Ordinance No. 14-017 File No.: FLUMA-920134668 Page 3 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 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: Frannie Hutchinson, Chair AYE Paula Lewis, Vice-Chair AYE Chris Dzadovsky, Commissioner AYE Tod Mowery, Commissioner AYE Kim Johnson, Commissioner AYE PASSED AND DULY ADOPTED this 6`h day of May, 2014. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ~. , Chair ~, ,, ATTEST Del APPROVED AS TO FORM AN[~-~ORRECTNESS_ County Attb ey ,. ,~` Ordinance No. 14-017 File No.: FLUMA-920134668 Page 4 1 2 3 4 5 6 7 8 Exhibit "A" LEGAL DESCRIPTION & FUTURE LAND USE MAP 3 34 40 S 120 FT OF N 920 FT OF GOV LOT 4 LYG W OF A1A AND S 120 FT OF N 920 FT OF SE 1/4 OF NW 1/4 (5.32 AC) (OR 3466-1503) Tax ID No.: 1403-130-0007-000-9 FL U MA-920134688 Ritchey Future Land Use After Change RU PU Atlantic ~ „_ Ocean r - a ~ a RU a _ Indian ~ RU SEAN ESTATES~DR i River ,`.~ ~~~~~~~~~~~~~~~~~~~~ c~L 9 10 11 12 13 14 15 16 17 PUB RU RU cPUB cPUB N A Subject property ~_ _ _ ~ 500 ft. notification area CPUB -Conservation Public RU -Residential Urban (5 du/ac) ap preparetl February 4, 2014 ~ ~' ~~ ~ atilt ., 'fe. ; G ~:' ~. ~ ~~~_~~~ w~J, y4 ' •'u 1~~ Stir ~~ FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor October 13, 2014 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 Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 14-017, which was filed in this office on October 13, 2014. Sincerely, Ernest L. Reddick Program Administrator ELR/Ib R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Facsimile: (850) 488-9879 www.dos.state.tl.us