HomeMy WebLinkAbout13-034JOSEPH E. SMITH. CLERK OF THE CIRCUIT COURT
SA1NT LUCIE COUNTY
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1 ORDINANCE NO. 13-034
2 (f/k/a Ordinance No. 13-008)
3 FILE NO.: FLUMA - 820124530
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 PORTION OF FIVE PARCELS OF LAND
8 OWNED BY HEARN, HEDAL AND COLETTI/MARCELLO FROM R/C TO RE AND
9 FROM CPUB TO RE; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING
10 PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
11 APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT
12 OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF
13 ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND
14 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 an amendment to the Future Land Use Map for a portion
21 of five privately owned parcels totaling 14.61 acres ~ (M.O.L.) from R/C
22 (Residential/Conservation) to RE (Residential Estate - 1 du/acre) and from
23 Conservation Public (CPUB) to RE (Residential Estate - 1 du/acre) Future Land Use
24 designation consistent with the original designations of the property prior to the 1990
25 scrivener's error and Chapter 163, Florida Statutes; and
26
27 2. The Board of County Commissioners of St. Lucie County as the governing body of St.
28 Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida
29 Statutes, is authorized and empowered to consider amendments to the adopted
30 Comprehensive Plan of St. Lucie County; and
31
32 3. On February 21, 2013, the St. Lucie County Planning and Zoning Commission/Local
33 Planning Agency held a public hearing, of which due notice was published in the St.
34 Lucie News Tribune, and recommended to the Board of County Commissioners that
35 the petition for Future Land Use Map Amendments be approved; and
36
37 4. On April 2, 2013 the Board of County Commissioners of St. Lucie County, Florida held
38 the first of two required public hearing, of which due notice was placed in the St. Lucie
39 News Tribune and approved transmittal to the Department of Economic Opportunity;
40 and
41
42 5. On June 18, 2013, the Board of County Commissioners of St. Lucie County, Florida
43 held a public hearing, of which due notice was placed in the St. Lucie News Tribune,
44 and deemed the adoption of the amendments to the Comprehensive Plan to be in the
45 best interests of the citizens and residents of the County.
46
47
Ordinance No. 13-034
Planner: Britton Wilson
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 a portion of five parcels
8 totaling 14.61 acres of private property owned by Hearn, Hedal, and Coletti/Marcello from R/C
9 (Residential/Conservation) to RE (Residential Estate - 1 du/acre) and from Conservation
10 Public (CPUB) to RE (Residential Estate - 1 du/acre) Future Land Use designation.
11
12 B. FINDING OF CONSISTENCY
13
14 The Board of County Commissioners of St. Lucie County, Florida, specifically determines that
15 the approval of this amendment to the adopted Comprehensive Plan Future Land Use
16 Element is internally consistent with the goals, objectives and policies contained in the St.
17 Lucie County Comprehensive Plan and provides for the recognition that impacts of this
18 approval on the public facilities of St. Lucie County will not occur until such time as a Final
19 Development Order for development on this property is issued.
20
21 C. CHANGE TO FUTURE LAND USE MAP
22
23 The St. Lucie County Planning and Development Services Director is hereby authorized and
24 directed to cause this change to be made in the Future Land Use Map of the Future Land Use
25 Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the
26 date of adoption of this Ordinance.
27
28 D. CONFLICTING PROVISIONS
29
30 Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie
31 County, County Ordinances and County Resolutions, or parts thereof, in conflict with this
32 Ordinance are hereby superseded by this Ordinance to the extent of such conflict.
33
34 E. SEVERABILITY
35
36 If any portion of this Ordinance is for any reason held or declared to be unconstitutional,
37 inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If
38 this Ordinance or any provisions thereof shall be held to be inapplicable to any person,
39 property, or circumstances, such holding shall not affect its applicability to any other person,
40 property or circumstance.
41
42 F. APPLICABILITY OF ORDINANCE
43
44 This Ordinance shall be applicable as stated in Paragraphs A, B and C.
45
46 G. FILING WITH THE DEPARTMENT OF STATE
47
48 The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau
49 of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304.
50
Ordinance No. 13-034
Planner: Britton Wilson
Page 3
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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 AYE
Frannie Hutchinson, Vice-Chair AYE
Chris Dzadovsky, Commissioner AYE
Paula Lewis, Commissioner AYE
Kim Johnson, Commissioner AYE
PASSED AND DULY ADOPTED this 18th day of June, 2013.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ql
BY
Chairman
ATTEST ~ ' =~ ~~'~ APPROVED AS TO FORM
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Ordinance No. 13-034
Planner: Britton Wilson
Page 4
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Exhibit "A"
Legal Description 8~ Land Use Map
Hearn and Colletti/Marcello Legal Description:
A PARCEL OF LAND LYING WITHIN SECTION 17, T-34-S, R-40-E, ST. LUCIE COUNTY,
FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SW CORNER OF THE NE '/4 OF THE NW %4 OF SECTION 17, T-34-S, R-40-
E, THENCE NORTH ALONG THE WEST LINE OF THE NE '/4 OF THE NW '/4 A DISTANCE
OF 1005.22 FEET TO THE NW CORNER OF THE S '/z OF THEN 'h OF THE NE '/4 OF THE
NW %4, THENCE EAST ALONG THE NORTH LINE OF THE S 'h OF THEN '/~ OF THE NE %4
OF THE NW'/4 TO A POINT ON A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF
1665.38 FEET; SAID POINT ALSO BEING 200 FEET WEST (AS MEASURED RADIALLY) OF
THE WEST R/W LINE OF OLD STATE ROAD NO. 4; THENCE SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE AND PARALLEL WITH THE WEST RNV LINE OF OLD STATE
ROAD NO. 4 TO THE POINT OF INTERSECTION WITH A LINE LOCATED 219.82 FEET
WEST (AS MEASURED PARALLEL TO THE SOUTH LINE OF THE NE %4 OF THE NW '/4 OF
SECTION 17) OF THE WEST R/W LINE OF U.S. HIGHWAY NO. 1; THENCE
SOUTHEASTERLY AND PARALLEL TO SAID WEST RNV LINE TO THE POINT OF
INTERSECTION WITH THE SOUTH LINE OF THE NE %4 OF THE NW %4 OF SECTION 17, T-
34-S, R-40-E; THENCE WEST ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING.
Hedal Legal Description:
A PARCEL OF LAND LYING WITHIN SECTION 17, T-34-S, R-40-E, ST LUCIE COUNTY,
FLORIDA SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST '/4 OF THE
NORTHWEST %4 OF SECTION 17, T-34-S, R-40-E, RUN WESTERLY ALONG THE NORTH
LINE OF THE SOUTHEAST'/4 OF THE NORTHWEST'/4 OF SAID SECTION A DISTANCE OF
349.82 FEET, SAID POINT BEING 219.82 WEST OF THE WESTERLY RIGHT-OF-WAY OF
STATE ROAD #5 FOR THE POINT OF BEGINNING; THENCE RUN SOUTH 24°23'33" EAST
A DISTANCE OF 164.58 FEET; THENCE SOUTH 90°00'00" WEST A DISTANCE OF 300
FEET; THENCE SOUTH 00°06'56" WEST A DISTANCE OF 389.99 FEET; THENCE SOUTH
65°20'24" WEST A DISTANCE OF 249 FEET, MORE OR LESS, TO A POINT ON THE EAST
EDGE OF THE SAVANNAS; THENCE RUN NORTHERLY, FOLLOWING THE MEANDER OF
THE SAVANNAS TO A POINT ON THE ABOVE DESCRIBED NORTH LINE OF THE
SOUTHEAST %4 OF THE NORTHWEST'/4 OF SAID SECTION 17; THENCE RUN EASTERLY
ALONG SAID NORTH LINE OF THE SOUTHEAST'/4 OF THE NORTHWEST'/4 A DISTANCE
OF 348 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
Portions of parcels: 1417-212-0002-000-8, 1417-212-0003-000-5, 1417-213-0000-000-7,
1417-214-0003-000-1, 1417-241-0001-000-1
1
St. Lucie County far
Hearn, Hedal & Coletti/Marcello
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Ordinance No. 13-034
Planner: Britton Wilson
Page 5
Future Land Use
SD
WILCOX RD
21
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CPUB ~, CPUB
RS ~~~'
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® R/C to RE COM -Commercial RS -Residential Suburban (2 dutac} N
CPUB -Conservation Public RU -Residential Urban (5 dulac) A
CPUB to RE R!C -Residential/Conservation (t du15 ac) SD -Special District /~\`\i
RE -Residential Eslate (t du/ac)
Map prepared January 9. 2013
RICK SCOTT
Governor
July 3, 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 July 1, 2013 and certified copy of St. Lucie County Ordinance No. 13-034, which was filed in this
office on July 3, 2013.
Sincerely,
y ~.
Liz Cloud
Program Administrator
LC/elr
R. A. Gray Building • 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-98?9
www.dos.state.fl.us