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Home My WebLink About13-0032 3 4 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 ORDINANCE NO. 13-003 Formerly 12-021 FILE NO.: FLUMA - 520124466 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FORA 0.65 ACRE (M.O.L.) PARCEL OF LAND OWNED BY SHAWN HEARING, FROM RU (RESIDENTIAL URBAN - 5 DU/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: Brad Currie, a representative for Shawn Hearing, has filed a petition for an amendment to the adopted Comprehensive Plan Future Land Use Map fora 0.65 acre (more or less) parcel of land located at 738 NE Prima Vista Boulevard, from RU (Residential Urban - 5 du/acre) to COM (Commercial) with 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 January 17, 2013 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 Shawn Hearing be approved; and 4. On February 5, 2013, the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed in the St. Lucie News Tribune and notifying by mail all owners of property within 500 feet of the subject property, and deemed the adoption of the amendment to the Comprehensive Plan to be in the best interests of the citizens and residents of the County. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3803656 02/21/2013 at 01:41 PM OR BOOK 3487 PAGE 1777 - 1781 Doc Type: ORDN RECORDING: $44.00 Ordinance No. 13-003 File No.: FLUMA-520124446 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 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. AMENDMENT TO FUTURE LAND USE DESIGNATION The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan for the property described in Exhibit "A," attached hereto, containing 0.65 acres more or less, located at 738 NE Prima Vista Boulevard, from RU (Residential Urban - 5 du/acre) to COM (Commercial), as depicted in the attached Exhibit "B." B. FINDING OF CONSISTENCY The Board of County Commissioners of St. Lucie County, Florida, specifically determines that the approval of this amendment to the adopted Comprehensive Plan Future Land Use Element is internally consistent with the goals, objectives and policies contained in the St. Lucie County Comprehensive Plan and provides for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time as a Final Development Order for development on this property is issued. C. CHANGE TO FUTURE LAND USE MAP The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause this change 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. D. 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. E. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. F. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable as stated in Paragraphs A, B and C. 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. Ordinance No. 13-1)03 File No.: FLUMA-520124446 Page 3 1 H. FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY 2 3 The Planning and Development Services Director shall send a certified copy of this Ordinance 4 to the Department of Economic Opportunity Bureau of Community Planning Caldwell Building 5 107 East Madison Street, MSC 160 Tallahassee, FL 32399. 6 7 I. EFFECTIVE DATE 8 9 This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is 10 challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the 11 State Land Planning Agency or Administration Commission respectively issues a final ordESr 12 finding the adopted amendment in compliance in accordance with Section 163.3184(10), 13 Florida Statutes. 14 15 J. ADOPTION 16 17 After motion and second, the vote on this Ordinance was as follows: 18 19 Tod Mowery, Chairman AYE 20 21 Frannie Hutchinson, Vice-Chair AYE 22 23 Chris Dzadovsky, Commissioner AYE 24 25 Paula Lewis, Commissioner AYE 26 27 Kim Johnson, Commissioner AYE 28 29 30 PASSED AND DULY ADOPTED this 5'h day of February, 2013. 31 32 BOARD OF COUNTY COMMISSIONERS 33 ST. LUCIE COUNTY, FLORIDA 34 35 36 ®, 37 BY 38 Chairman 39 40 ATTEST APPROVED AS TO FORM 41 AND CORRECTNESS iI11 ~~ 21E Cl1? 46 puty Clerk v .~~ y ~~~ County Attorney 47 _. ~",~."~ , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Ordinance No. 13-003 File No.: FLUMA-520124446 Page 4 Exhibit "A" LEGAL DESCRIPTION 738 NE Prima Vista Boulevard LOT 10 AND TRACT A, BLOCK 83, RIVER PARK-UNIT 10, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 29, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA Exhibit "B" FUTURE LAND USE MAP Shawn Hearing Future Land use FLU MA-520124446 l p rK \ ~ 5 1 P ~ ~ ~ J r' i ~ _ y_ m _ ' `Y ~ v P ~ l' l ~ 9C 9 ,,,'~ tai` r'" y v t~`~ ~ J~ U\ ~ ~ ~ r 9T ~ ~,~._ n f + . [, ..~ ~ ~ ~ r7~ ~~`~. ~~,/ c~ '~, ~ J~ ~ C ~ irg _ . ? ~"~ t -,~ j`am'' 0 5t ~ ~ ` " `` ' ~~ hy~ ~ ~ ~ 1 ~e~ 1 ~, ~ I ~ ~ CPUB ~ V \l `~~ A w ~ ~ j LINDO IN ~ 'li%1jy t ~~---i t ~ -- ! I 1 i ~ l PRIMA VISTA BLVD ~ 7 COM _ ~ i ,~ ;' al ~ + ~ i - ~ ~._. ~ i I i -~ ~ < ~ _. _ _ __.. . _.. _ , ~~ ~ / ~ ~ Fp(p`c ~ . 'Dip CPUB ~~ ~ ~ ~,~ ~z ~ 5~ __~ 43 ` J. I~2U ,ivnY ' o~ ~ a w R ~ y0 _. ~ ~ ~qb ~ 1_.._.._- -_- ~_ ~ ; U _ g'~ y ~ `~ l ~~U ~ `~i :~ !l^-' ~~~ ®Subject property COM -Commercial ~ N CPUB -Conservation Public RU -Residential Urban (5 du/ac) Map prepared SepQamber 14, 2012. Ordinance No. 13-003 File No.: FLUMA-520124446 Page 5 1 2 Exhibit "C" CONCURRENCY DEFERRAL AFFIDAVIT Supplement 4 St. Lucie County r Concurrency Defects! Affidavit - :. I I, ~ h ~,e~, ~~~ ~ r, W2 ,, ,residing or doing business at r~ ~ ~~,~ i `~`~ ~- i.r ~ 5 4-~, -tsfr"-y '~ ne have applied fora from St. Lucie County, Florida, ypa o eve oilman er for the following project: ~ va Parcel iD Number(s}: I do hereby affirm that in connection with my application for the above project, l have elected to defer the certificate of capacity and reservation of capacity in public facili#ies for the above property anti! a later time, but no cater than the application for a final development order for the same property, I understand and acknowledge tha# the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities wilt be available when I apply for the final development order. 1 further acknowledge that according to Section 5.08.01 0# the St. Lucie County LDC, no final development approval can be granted until capacity in those faciii#ies is ava8able at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights try devel~>p the subject property. 1{ r, r} ~ m. a._. n 1"~! `P a. r ,.e o ~_ ~~~~ ~.f~ can me r; -.>igru ~~~cen> C STATE QF ~" '~ CC?t~NTY QrF .='~'~~ L `' ~- ` -~- ,.--~ r1 'the foregoing instru~ent was acknowledged before me this, .~~ day of ~-~ ~,, ~_- ``~ rte, ~ 20~,_ by `tip. ~`~~ct u. ~~-~ ~+" `~ `" _ _y~who is personally known to me or who has produced ~ as identification. -Sg+es re {, 7ypa or ama t ~~ 4C~ - ~ `~ Commission Number ( ~=--:..~. F SAM1;r CAD6tfAN Notary r'4D}IC - Sxiii of FbrN/ My Comm. fiMrtt Patl Q, 7015 Page 11 of 11 n....;...,.a. ~....,. .n nnne 3 ~. ^ ~': FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor February 21, 2013 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Kelly Phelan, Executive Recording Secretary Dear Mr. Smith: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated February 18, 2013 and certified copies of St. Lucie County Ordinance Nos. 13-003 and 13-004, which were filed in this office on February 21, 2013. Sincerely, Liz Cloud Program Administrator LC/elr 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