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HomeMy WebLinkAbout10-006 i ORDINANCE NO. 10-006 (FKA 09-031) 2 FILE NO.: FLUMA-420093979 ~ 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 5 ST. LUCIE COUNTY, FLORIDA, TO APPROVE AMENDING THE ~ a a 6 ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FORA 7 6.619 ACRE (M.O.L.) PARCEL OF LAND OWNED BY SANDS END ° o 0 8 DEVELOPMENT, LLC. FROM COM (COMMERCIAL) TO RU W } o N 9 (RESIDENTIAL URBAN - 5 DWELLING UNITS PER ACRE); ~ z ° W 10 PROVIDING FINDINGS; PROVIDING FOR CONFLICTING ~ o M Q 11 PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR y w N 12 APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA = ~ ~ Y? 13 DEPARTMENT OF STATE• PROVIDING FOR FILING WITH THE w ~ o° ° yzWO,o 14 FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR ° ~ ~ o 15 AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. 16 17 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 18 testimony and evidence, including but not limited to the staff report, has made the following 19 determinations: 20 21 1. Dennis J. Murphy, AICP, Culpepper & Terpening, Inc., a representative for Sands End 22 Development, LLC. (also hereinafter referred to as the "Applicant') has filed petition for 23 an amendment to the adopted Comprehensive Plan Future Land Use Element for a 24 6.619 acre (more or less) parcel of land, located on the southern portion of South 25 Hutchinson Island on the east side of SR A1A, immediately north of the Normandy 26 Beach access, from Commercial (COM) to Residential Urban (RU - 5 dwelling units 27 per acre) with St. Lucie County, Florida, in accordance with Chapter 163, Florida 28 Statutes; and, 29 30 2. The Board of County Commissioners of St. Lucie County as the governing body of St. 31 Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida 32 Statutes, is authorized and empowered to consider amendments to the adopted 33 Comprehensive Plan of St. Lucie County; and, 34 35 3. On November 19, 2009, the St. Lucie County Planning and Zoning Commission/Local 36 Planning Agency, held a public hearing, of which due notice was published in the St. 37 Lucie News Tribune, and recommended to the Board of County Commissioners that 38 the petition for Future Land Use Map Amendment for Sands End Development, LLC be 39 approved; and, 40 41 4. On January 19, 2010, the Board of County Commissioners of St. Lucie County, Florida 42 held a public hearing, of which due notice was placed in the St. Lucie News Tribune, 43 and continued the hearing to February 16, 2010 with a requirement that the applicant 44 submit an amended petition to reflect a change in the requested Future Land Use 45 Amendment from RM (Residential Medium - 9 du/acre) to RU (Residential Urban - 5 46 du/acre); and, 47 48 5. On February 16, 2010, the Board of County Commissioners of St. Lucie County, 49 Florida held a public hearing, of which due notice was placed in the St. Lucie News 1 Tribune, and deemed that the adoption of the amendment to the Comprehensive Plan 2 to be in the best interests of the citizens and residents of the County. 3 4 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie 5 County, Florida: 6 7 A. AMENDMENT TO FUTURE LAND USE DESIGNATION 8 9 The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan for 10 the property described in Exhibit "A," attached hereto, containing 6.619 acres more or less, 11 located on the southern portion of South Hutchinson Island on the east side of SR A1A, 12 immediately north of the Normandy Beach access and owned by Sands End Development, 13 LLC., is hereby amended from COM (Commercial) to RU (Residential Urban - 5 dwelling units 14 per acre), as depicted in the attached Exhibit "B." 15 16 B. FINDING OF CONSISTENCY 17 18 The Board of County Commissioners of St. Lucie County, Florida, specifically determines that 19 the approval of this amendment to the adopted Comprehensive Plan Future Land Use 20 Element is internally consistent with the policies and objectives contained in the St. Lucie 21 County Comprehensive Plan and consistent with standards for review of plans and plan 22 amendments of Rule 9J-5, Florida Administrative Code, and provides for the recognition that 23 impacts of this approval on the public facilities of St. Lucie County will not occur until such time 24 as a Final Development Order for development on this property is issued. 25 26 C. CHANGES TO FUTURE LAND USE MAPS 27 28 The St. Lucie County Growth Management Director is hereby authorized and directed to cause 29 these changes to be made in the Future Land Use Map of the Future Land Use Element of the 30 St. Lucie County Comprehensive Plan and to make notation of reference to the date of 31 adoption of this Ordinance. 32 33 D. CONFLICTING PROVISIONS 34 35 Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie 36 County, County Ordinances and County Resolutions, or parts thereof, in conflict with this 37 Ordinance are hereby superseded by this Ordinance to the extent of such conflict. 38 39 E. SEVERABILITY 40 41 If any portion of this Ordinance is for any reason held or declared to be unconstitutional, 42 inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If 43 this Ordinance or any provisions thereof shall be held to be inapplicable to any person, 44 property, or circumstances, such holding shall not affect its applicability to any other person, 45 property or circumstance. 46 47 F. APPLICABILITY OF ORDINANCE 48 49 This Ordinance shall be applicable as stated in Paragraphs A, B and C. File No.: FLUMA-420093979 Ordinance No. 10-006 February 16, 2010 Page 2 l G. FILING WITH THE DEPARTMENT OF STATE 2 3 The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau 4 of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 5 6 H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS 7 8 The Growth Management Director shall send a certified copy of this Ordinance to the 9 Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 10 32399-2100. 11 12 I. EFFECTIVE DATE 13 14 This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is 15 challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the 16 State Land Planning Agency or Administration Commission respectively issues a final order 17 finding the adopted amendment in compliance in accordance with Section 163.3184(10), 18 Florida Statutes. 19 File No.: FLUMA-420093979 Ordinance No. 10-006 February 16, 2010 Page 3 2 J. ADOPTION 3 4 After motion and second, the vote on this Ordinance was as follows: 5 6 Charles Grande, Chairman AYE 7 8 Doug Coward, Vice-Chair AYE 9 10 Chris Dzadovsky, Commissioner AYE 11 12 Chris Craft, Commissioner AYE 13 14 Paula Lewis, Commissioner AYE 15 16 17 PASSED AND DULY ADOPTED this 16th day of February, 2010. 18 19 BOARD OF COUNTY COMMISSIONERS 20 ST. LUCIE CQ _,zNTY, FLORIDA 21 22 23 BY - 24 Chairm n 25 - 26 ATTEST APP VED AS TO_FORM~ 27 AND ORRECTN S 28 r 30 31 Deputy Clerk ,~~E County for ey ky_ f s ~ ~ _ I S ; e ~ r~ ~ ~ ~ ~ ~~,a File No.: FLUMA-420093979 Ordinance No. 10-006 February 16, 2010 Page 4 i Exhibit "A" 2 3 LEGAL DESCRIPTION 4 5 Commence at the Southeast corner of Section 27, Township 36 South, Range 41 East, thence 6 S89° 58' 49" W, along the South line of Section 27, a distance of 93.81 feet to the POINT OF 7 8 BEGINNING of the following described parcel; Thence continue S 89° 58' 49" W, along said 9 South line of Section 27, a distance of 379.15 feet to the Easterly right-of-way line of State Road 10 A-1-A (A 100.00 foot wide right-of-way) and an intersection with a non tangent curve concave to 11 the west, having a radius of 17,238.75 feet, the chord of which bears N 21 ° 17' 19" W; thence 12 northerly along the arc of said curve, and along said Easterly right-of-way line, a distance of 13 200.93 feet through a central angle of 00° 40' 04"; thence N 21° 37" 21"W, along said Easterly 14 right-of-way line, a distance of 648.89 feet; thence N 89° 58' 49" E a distance of 349.56 feet to 15 the Mean High Water Line of the Atlantic Ocean; thence along the Mean High Water Line the 16 following 11 courses and distances; thence S 24° 12' 06" E a distance of 56.10 feet; thence S 17 24° 27' 57" E a distance of 83.25 feet; thence S24'36'36"E a distance of 84.54 feet; thence S 18 22° 24' 07"E a distance of 84.02 feet; thence S 22° 42' 00" E a distance of 89.03 feet; thence S 19 21° 48' 18"E a distance of 83.46 feet; thence S 23° 38' 58"E a distance of 80.89 feet; thence S 20 23° 46' 29" E a distance of 80.27 feet; thence S 21° 58' 59"E a distance of 86.23 feet; thence 21 S23° 18' 36"E a distance of 92.02 feet; thence S 25° 52' 10" E a distance of 41.46 feet to the 22 said South line of Section 27 and the POINT OF BEGINNING. 23 24 Containing 6.619 acres, more or less. File No.: FLUMA-420093979 Ordinance No. 10-006 February 16, 2010 Page 5 u tr z o c o g~ N J ~ rS N ~ A (0 ~ ~ LL ~ LL N ~'l ~ `3 N d d N ~ L CA . ~ m M ` ~ m ~ o ~ oGear o ~ P'~~ar~`c ~ N ~ ~ c~ N ~ ~ J T ~ ~ U /T \'U ~ U ^ 1 7 p ~p N W U 7 Q~'D a w c M Q. c ct-o ~ O O oo_rna~-~ Z d'~U2~~ yZ~~~ro N ~ o~~p,N OR ~ ~ o v aci ~ aci v:oa 3m ~ Q ~ ~ ~ ~~~eC LL~a~~~ J ` j `ra`ar ~ ~ ca a~ 0 L U N a ii 1~ 1T St. Lucie County Concurrency Deferral Affidavit I ~''~1 ~.~~~~Z; residin or doing business at'3~ ~a^+~ g City State_ t Zip Phone have applied fora ~ W~~ N ~ from St. Lucie County, Florida, Type of Development Order for the fallowing project: ~ ~G~ ~QM'F Name of Proposed Development I 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 later than the application far 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 oxdex 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 Land Development Code, 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 develop the subject property. Si d: Date: ~ fl ~ 6 D g App]icant STATE OF FLORIDA COUI~ITY OF L~~'i~' The foregoing instrument was acknowledged before me this _ (G day of ~ "~D° L-, 20~, by _ ~r~J ;~Z_ ~ ©S~A~'f'Z-. who ispersonaIly kno~rn to me or who has produced as identification. Signature o ry Type or Print Name of Notary ~ ~ Commission Number (Seal) ro~Y °us~n Notary Public State of Florida Maria Margarita Suarez ~~~"oF s~o~~ E pCes 02/26/241 D743956 Page 1 of 1 Revised: April 1, 2008 CHARLIE CRIST Governor March 5, 2010 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County Post Office Drawer 700 Fort Pierce, Florida 34954 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 March 2, 2010 and certified copy of St. Lucie County Ordinance No. 10-006, which was filed in this office on March 5, 2010. Sincerely, Liz Cloud Program Administrator LC/srd DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 850.245.6600 • FAX: 850.245.6735 • TDD: 850.922.4085 • http://dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX:850.245.6643 850.245.6600 • FAX:850.245.6744 850.245.6700 FAX:850.488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX: 850.488.9879 850.245.6750 FAX:850.245.6795 850.245.6270 • FAX:850.245.6282 KURT S. BROWNING Secretary of State STATE LIBRARY AND ARCHIVES OF FLORIDA