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Home My WebLink About13-021 fka 12-0251 I ORDINANCE No. 2013-21 2 F/K/A Ordinance 12-025 3 FILE NO.: FLUMA - 920124554 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 FORA 36.18 ACRE PARCEL OF LAND OWNED 8 BY ST. LUCIE COUNTY, FROM RU (RESIDENTIAL, URBAN - 5 DU/ACRE) TO 9 P/F (PUBLIC FACILITIES); 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. St. Lucie County has initiated amendments to the Future Land Use Map fora 36.18- 21 acre parcel of land totaling for property owned by St. Lucie County from RU 22 (Residential Urban - 5 du/acre) to P/F (Public Facilities) Future Land Use designation 23 consistent with the existing use of the Lakewood Regional Park and Chapter 163, 24 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 October 18, 2012, 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 recommended to the Board of County Commissioners that 34 the petition for Future Land Use Map Amendments be approved; and 35 36 4. On December 4, 2012, the Board of County Commissioners of St. Lucie County, 37 Florida held a public hearing, of which due notice was placed in the St. Lucie News 38 Tribune and approved transmittal to the Department of Economic Opportunity; and 39 40 5. On May 7, 2013, the Board of County Commissioners of St. Lucie County, Florida held 41 a public hearing, of which due notice was placed in the St. Lucie News Tribune, and 42 deemed the adoption of the amendments to the Comprehensive Plan to be in the best 43 interests of the citizens and residents of the County. 44 45 46 47 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY 48 FILE # 3834916 0511612013 a105:53 PM OR BOOK 3518 PAGE 2345 - 2348 Doc Type: ORDN RECORDING: $35.50 Lakewood Park Regional Park Ord. 2013-21 File No.: FLUMA-920124554 Page 2 1 2 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 48 49 50 51 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, a parcel containing 36.18 acres of public property from RU (Residential Urban - 5 du/acre) to P/F (Public Facilities) Future Land Use designation. 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. Lakewood Park Regional Park Ord. 2013-21 File No.: FLUMA-920124554 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 48 49 50 51 52 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-one (31) days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. J. ADOPTION After motion and second, the vote on this Ordinance was as follows: Tod Mowery, Chairman Frannie Hutchinson, Vice-Chair Chris Dzadovsky, Commissioner Paula Lewis, Commissioner Kim Johnson, Commissioner AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 7th day of May, 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ~~d ," BY '~ Chairman ATTEST - ~'~ ~ APPROVED AS TO FORM ~ _ `;~ AND CORRECTNESS _~ _ ;_ ,_ "` `_- ,~ ep t Clerk ~~ ~~ ~ ~ _ _= ~ ~~ County Attor[r~y f ~ M ~ `,~,,.. Lakewood Park Regional Park Ord. 2013-21 File No.: FLUMA-920124554 Page 4 Exhibit "A" z 3 4 6 7 Legal Description and Map Lakewood Park Regional Park: 1311-221-0002-0001 11 34 39 NW 1/4 OF NW 1/4-LESS N33 FT AND LESS W 95 FT FOR RD AND CANAL R/W- ALSOLESSE17FTOFW112FTOFS467FTOFN500FTOFN1/20FNW 1/4 SEC 11 AS IN OR 2880-0599 FOR ADDITIONAL R/W (3) (OR 1734-97) (36.18 acres) BAYA RD_RD 0 Sec 03 Sec 02 p ~ w p R39 839E m w w J WI NTE R GA RDE N PK WY ? ~ w >U) KE NWO OD.RD RUSSOS RD HIBISCUS~RD RU.to'P/F > area 1 1 II! FF z ¢ O ~ ~ h w w Sac 9 Se 99 0 w R39E r R s E z ~ w w N Lakewood Park Regional Park 0 330 sso I i I i I Feet 9 1~ ~~ A~ RICK SCOTT Governor July 5, 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: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter 29 ated July 1, 2013 and certified copies of St. Lucie County Ordinance Nos. 13-002, 13-004, and 13-021 which were filed in this office on July 5, 2013. Sincerely, Liz Cloud Program Administrator LC/elr KEN DETZNER Secretary of State ,.....:. ~..... .~. - ~ r~- T , ,. r~ ~.~ ~' " „~' «~- c --- ~,~. R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state_t7 „~