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Home My WebLink About12-005_ *. ORDINANCE NO. 12-005 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 FILE NO.: FLUMA - 920114335 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FORA 7.45 ACRE (M.O.L.) PARCEL OF LAND OWNED BY FINE REALTY CORP, FROM RM (RESIDENTIAL MEDIUM - 9 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: Howard Fein, a representative for Fine Realty Corp, has filed a petition for an amendment to the adopted Comprehensive Plan Future Land Use Map fora 7.45 acre (more or less) parcel of land located at 2601 N U.S. 1, from RM (Residential Medium - 9 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 February 16, 2012, 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 Fine Realty Corp be approved; and 4. On April 3, 2012, 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 # 3692977 04/12/2012 at 09:15 AM OR BOOK 3379 PAGE 1012 - 1017 Doc Type: ORDN RECORDING: $52.50 Ordinance No. 12-005 File No.: FLUMA-920114335 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 7.45 acres more or less, 8 located at 2601 N U.S. 1, Ft. Pierce, FL, from RM (Residential Medium - 9 du/acre) to COM 9 (Commercial), as depicted in the attached Exhibit "B." 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. 12-005 File No.: FLUMA-920114335 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: Chris Dzadovsky, Chairman AYE Tod Mowery, Vice-Chair AYE Paula Lewis, Commissioner AYE Chris Craft, Commissioner AYE Frannie Hutchinson, Commissioner AYE PASSED AND DULY ADOPTED this 3~d day of April, 2012. :4`4 r 5-:: ~{~4~~ ~,~, ~ , ~. ~- `:. ~-;- ATTEST ~ " Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ~, BY C airman APPROVED AS TO FORM AND CORRECTNESS Ordinance No. 12-005 File No.: FLUMA-920114335 Page 4 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 Exhibit "A" LEGAL DESCRIPTION All that part of the North 358.8 feet of the South 1735.9 feet of the NE 1/4 lying West of U.S. Highway No. 1, Section 33, Township 34 South, Range 40 East, St. Lucie County, Florida. AND Begin at the Southwest corner of the portion of the North 365.8 feet of the South 1377.1 feet of the Northeast quarter of Section 33, Township 34, South, Range 40 East, lying West of U.S. Highway No. 1, St. Lucie County, Florida. From the point of beginning run North along the center line of Section 33 a distance of 365.8 feet to a point; thence run East along the North line of the North 365.8 feet of the South 1377.1 feet of the Northeast quarter of Section 33, Township 34 South, Range 40 East, a distance of 400 feet to a point; thence run South a distance of 200 feet to a point; thence run Southeasterly a distance of 193.77 feet to a point on the South line of the North 365.8 feet of the South 1377.1 feet of the Northeast quarter of Section 33, Township 34 South, Range 40 East, which point is 483 feet East of the point of beginning and 200.29 feet West of the West right of way line of new U.S. Highway No. 1; thence run West along the South line of the North 365.8 feet of the South 1377.1 feet of the Northeast quarter of Section 33, Township 34 South, Range 40 East, to the point of beginning. Subject to easements, restrictions and reservations of record and taxes for the year 2007 and thereafter. Tax ID No.: 1433-120-0010-000-5 Ordinance No. 12-005 File No.: FLUMA-920114335 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Exhibit "B" FUTURE LAND USE MAP FLUMA-920114335 Future Land Use A Treasure Coast RV & Resort o ~~ ~~~~' ~~~~ CO RU I ---- F-~J ~J G'f r ~y 1~ , , Z~=~. ~a~iJ ~~ H ._ ~ UNT AVE S . UCIE LN - ! r~ f ~~N F~y1 ~'r.~7 ~F CO N~7 (~ j . to Y ~ ~ f'IRI.~ 3M < W " G ~ C j~ z~eST,.v z~ ~ n ~ ~ C C ~ c~ ¢ ~j ~c~,~ O ~ z o~soNnv ~ ~ tn%J ~ _~ nv c ' R ~. r ~'~.~~~~ c r L / `~LJ~ >~, r~ t yj ; ----- ~CfO 3 ~[' P~ 1 - DST - - ~~ ',,;~~u~C ~ ~ IfV~ HUG O RD G C~~ Es63~ ~ _ COM IND ~r~Q L~G(~Q`~} COIN ' IND ...- _ _YU MA WAY..... .... ... _ _ _ ~_ _N_ERIE-0R- _ _ _ _._ _ _ - _ _-.- IA-fl c N ---ONEIDA Nl4Y ----~ _. ~ - - - s 1~ Z ~ - p RM' ~ COM ': COM IH1D Q a 0 0 ~~' ~, a 3 w ' 3 a NAC O RD z: . - _ 3 - - - - -0 w , SILVERSTR64M GR . ~ Y ~ = o - - - - - RM IND C.OM ®Subjectproperty >DL Wtle County FuWra Latta the !X. W W NlDige Future LarW Usa COM.commemnl coM-Canmerual IND - Ind~strnl IiR~S'F -Historic Resources+9ngk FertNy N St. Luae Village RM - Res~ential Medium (9 du!acl IND - enduslrel RU - Res~denfiad UrOen l5 tlutac) FVF - PuDNC Facilities RU - Residential Urban Map prepared DecemDet 20. 2017 Ordinance No. 12-005 File No.: FLUMA-920114335 Page 6 2 Exhibit "C" CONCURRENCY DEFERRAL AFFIDAVIT Supplement 4 St Lucie County Concurrency Deferral Affidavit I, Howard Fein, residing or doing business at Name Fort Pierce , Ciy F I 34946 State Zip 2601 N. US 1 Street 954-478-7602 Phone have applied fora from St. Lucie County, Florida, Type of Development Order for the following project: A Treasure Coast RV & Resort Name of Proposed Development Parcel ID Number(s): 1433-120-0010-000.5 do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no Eater than the application for a final development order for the same property. I understand and acknowledge that 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 will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County LDC, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develo1p the subject property. licant Name (Ponied) n re Applicant Dale STATE OF ~ COUNTY OF S ~ • ~ l ~'~ The foregoing instruttme__nt was ac,,9knowledged before me this ~a~day of ~ ~ 20 ~_by (~Z1W ~i 0~ ~-e_,Y~ who is personally known to me ~ who has produced _ ~~ Signature of Notary )~1/ ~~~~ Commission Number Page 13 of 11 Revised: June 19, 2008 as identification. ~ ~~~ ~~~%c~ ~iJ ype ar PriM Name of N ,y,e,,., LoFrE ~ otcolo (Seal) '~ '. N^tary Puo+K -State of Florida _ My Comm Expires ADr 21, 20l] `'dr'•' Commission ;r 00 882750 z?, €,F;`d`'~_ po~eg tMOUM ~tianal NotuY ~sn. 3 RICK SCOTT Governor May 2, 2012 FLORIDA DEPARTMENT 0 f STATE ~--, KEN DETZNER Secretary of State Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated April 23, 2012 and certified copy of St. Lucie County Ordinance No. 12-005, which was filed in this office on Apri126, 2012. Sincerely, ~~ ~a~ Liz Cloud Program Administrator LC/jmc R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 245-6282 www.dos.state.fl.us