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Home My WebLink About12-0232 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 ORDINANCE 12-023 FILE NO.: FLUMA 720124463 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FORA 1.39 ACRE (M.O.L.) PARCEL OF LAND OWNED BY CARROLL COLLINS FROM RM (RESIDENTIAL MEDIUM - 9 DU/ACRE) TO COM (COMMERCIAL); PROVIDING FOR FINDINGS OF CONSISTENCY; AUTHORIZING AMENDMENTS TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE 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: 1. Carroll Collins presented a petition for a Future Land Use Map Amendment from RM (Residential Medium - 9 du/ac) to COM (Commercial) for the property described in ~ o ~, ~ t rn~~=~o Part A below. c o ~" ~ ~ ~T~~~-~ 2. On October 18, 2012, the St. Lucie County Local Planning Agency held a public c A c ~' hearing on the petition, after publishing notice at least 10 days prior to the hearing w ` ~ ~ ~ .T,~~~o~ and notifying by mail all owners of property within 500 feet of the subject property, ~ c; W ~ _~ and has recommended that this Board approve the petition. ~ c~ ~ ~ w ~ r a ~~ Rt ~~ ~ w ~~ ~ 3. On December 4, 2012, this Board held a public hearing on the petition, after ~ ~ ~, publishing notice at least 10 days prior to the hearing and notifying by mail all owners ~ ~ ~ of property within 500 feet of the property described in Part A below. ~ ~ m ro c~ 4. The proposed change in land use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan as described in Part B. a c 5. The proposed change in land use is consistent with the existing and proposed use of ~ property in the surrounding area. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE DESIGNATION The future land use designation set forth in the St. Lucie County Comprehensive Plan for the property described as follows: File No.: FLUMA 720124463 December 4, 2012 Ordinance No. 12-023 Page 1 1 The South 395.97 feet of the West 219.98 feet of the West 1 /2 of the West 1 /2 of the 2 Southwest 1/4 of the Southwest 1/4 LESS the South 40 feet for road right-of-way 3 and LESS the West 40 feet, lying and being in Section 21, Township 35 South, 4 Range 40 East, St. Lucie County, Florida. 5 6 LESS AND EXCEPT 7 8 The West 10 feet of the following described parcel: The South 395.97 feet of the 9 West 219.98 feet of the West 1 /2 of the West 1 /2 of the Southwest 1 /4 of the 10 Southwest 1 /4 LESS the South 40 feet for road right-of-way and LESS the West 40 11 feet, lying and being in Section 21, Township 35 South, Range 40 East, St. Lucie 12 County, Florida. 13 14 AND LESS 15 16 A parcel of land situated in Section 21, Township 35 South, Range 40 East, St. Lucie 17 County, Florida. Being more particularly described as follows: 18 19 Commencing at the Southwest corner of said Section 21; thence North 89°57'23" 20 East, along the South line of said Section 21, a distance of 50.03 feet; thence North 21 02°10'51" West, departing said South line, a distance of 40.03 feet to a point of the 22 intersection of the Easterly right of way line of South 25th Street and the Northerly 23 right of way line of Edwards Road, being the Point of Beginning. 24 25 Thence North 02°10'51" West, along said Easterly right of way line, a distance of 26 20.00 feet; thence South 46°06'44" East, departing said Easterly line, a distance of 27 28.81 feet to the said Northerly right of way line of Edwards Road; thence South 28 89°57'23" West, along said Northerly line, a distance of 20.00 feet to the Point of 29 Beginning. 30 31 Location: Northeast corner of the South 25t" Street and Edwards Road intersection 32 Parcel No.: 2421-333-0001-0009 33 34 is hereby changed from RM (Residential Medium - 9 du/ac) to COM (Commercial). 35 36 B. FINDING OF CONSISTENCY 37 38 This Board specifically determines that the approval of this change in the Future 39 Land Use Element is internally consistent with the policies and objectives contained 40 in the St. Lucie County Comprehensive Plan. 41 42 C. CHANGES TO THE FUTURE LAND USE MAPS 43 44 The St. Lucie County Planning and Development Services Director is hereby 45 authorized and directed to cause these changes to be made in the Future Land Use 46 Map of the Future Land Use Element of the St. Lucie County Comprehensive Plan 47 and to make notation of reference to the date of adoption of this Ordinance. File No.: FLUMA 720124463 Ordinance No. 12-023 December 4, 2012 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 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 effect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property, or circumstances. F. APPLICABILITY OF ORDINANCE This ordinance shall be applicable as stated in Paragraph A. G. FILING WITH THE DEPARTMENT OF STATE The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS The Planning & Development Services Director shall send a certified copy of this Ordinance to the Department of Economic Opportunity, 107 East Madison Street, Tallahassee, Florida, 32399-4120. 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). File No.: FLUMA 720124463 December 4, 2012 Ordinance No. 12-023 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 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 NAY Paula Lewis, Commissioner AYE Kim Johnson, Commissioner AYE PASSED AND DULY ADOPTED This 4th day of December, 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ~lj BY CI vim` ~~WV Chairman ATTEST: Deputy APPROVED AS TO FORM AND CORRECTNESS: .~ ;~~ ~ ~ ,; County Attorney , File No.: FLUMA 720124463 December 4, 2012 Ordinance No. 12-023 Page 4 RICK SCOTT Governor December 17, 2012 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 letters ~~ated December 12, 2012 and certified copies of St. Lucie County Ordinance Nos. 12-013 and 12-023, which were filed in this office on December 14, 2012. 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.tl.us