HomeMy WebLinkAbout10-035r
i I ORDINANCE NO. 10-035
2 FILE NO.: FLUMA - 720104078
3
4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
5 LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE
6 PLAN FUTURE LAND USE MAP FORA 9.9 ACRE (M.O.L.) PARCEL OF LAND
7 OWNED BY PGA RESERVE INC., FROM RS (RESIDENTIAL SUBURBAN - 2
8 DU/ACRE) TO COM (COMMERCIAL); PROVIDING FINDINGS; PROVIDING FOR
9 CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING
10 FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA
11 DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA
12 DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE
13 DATE; AND PROVIDING FOR ADOPTION.
14
15 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
16 testimony and evidence, including but not limited to the staff report, has made the following
17 determinations:
18
19 1. Brian Nolan, of Lucido and Associates, P.A., Inc., a representative for PGA Reserve
20 Inc, has filed a petition for an amendment to the adopted Comprehensive Plan Future
21 Land Use Map fora 9.9 acre (more or less) parcel of land, located at 1920 Perfect
22 Drive, Port St. Lucie, FL, from RS (Residential Suburban - 2 du/acre) to COM
23 (Commercial) with St. Lucie County, Florida, in accordance with Chapter 163, Florida
24 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 September 16, 2010, 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 Amendment for PGA Reserve Inc. be approved;
35 and,
36
37 4. On October 19, 2010, the Board of County Commissioners of St. Lucie County, Florida
38 held a public hearing, of which due notice was placed in the St. Lucie News Tribune,
39 and deemed the adoption of the amendment to the Comprehensive Plan to be in the
40 best interests of the citizens and residents of the County.
41
42 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
43 County, Florida:
44
45 JOSEPH E. SMITH. CLERK OF THE CIRCUIT COURT
46 SAINT LUCIE COUNTY ~~ J4 3' ?~~
L~ # 15 :8495 ~ ~ ,~, . X346 Cec `'lpe ORCN
47 ~4.500+~ ~z4'' ~~ 5c
,KC~^RCI~iG y
Ordinance No. 10-035
File No.: FLUMA-720104078
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
40
41
42
43
44
45
46
47
48
49
50
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, containing 9.9 acres more or less,
located at 1920 Perfect Drive, Port St. Lucie, FL, from RS (Residential Suburban - 2 du/acre)
to COM (Commercial), as depicted in the attached Exhibit "B."
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 policies and objectives contained in the St. Lucie
County Comprehensive Plan and consistent with standards for review of plans and plan
amendments of Rule 9J-5, Florida Administrative Code, 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.
Ordinance No. 10-035
File No.: FLUMA-720104078
Page 3
H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS
The Planning and Development Services Director shall send a certified copy of this Ordinance
to the Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida
32399-2100.
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:
Charles Grande, Chairman Aye
Doug Coward, Vice-Chair Aye
Chris Dzadovsky, Commissioner Aye
Chris Craft, Commissioner Aye
Paula Lewis, Commissioner Aye
PASSED AND DULY ADOPTED this 19th day of October, 2010.
ATTEST
Deputy Clerk
~~
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
-,
''
,,
Chai~ia
APPROVED AS TO FORM
AND CORRECTNESS.
`~lf r`
r~ ~~r ~ (~ y~ ~r
County Att rney
Ordinance No. 10-035
File No.: FLUMA-720104078
Page 4
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
LEGAL DESCRIPTION:
Exhibit "A"
A parcel of land lying in Section 27, Township 36 South, Range 39 East, St, Lucie
County, Florida, and being more particularly described as follows:
Commence at the Northeast corner of Lot 66 according to the Plat of Reserve
Plantation Phase I, as recorded in Plat Book 24, Page 20, of the Public Records, of St.
Lucie County, Florida, said point being on the Southerly line, of a 300.00 foot Ingress
and Egress Easement known as 'Reserve Boulevard", and recorded in Official Records
Book 629, Pages 2523 through 2526 inclusive of the Public Records, of St. Lucie
County, Florida; Thence Southeasterly along the Southerly extension of said 'Reserve
Boulevard"; South 4871'37" East, a distance of 270.27 feet to the Beginning of a circular
curve concave to the Southwest having a radius of 2350.00 feet and a central angle of
2575'29"; thence Southeasterly along the arc of said curve, an arc distance of 1035.97
feet to a point of tangency; thence South 22"56'08" East, a distance of 732.22 feet, to a
point of curvature of a circular curve concave to the West, having a radius of 1124.00
feet and a central angle of 3876'24"; thence Southerly along the arc of said curve, an
arc distance of 750.83 feet, to a point of tangency; thence South 15"20'16" West, a
distance of 434.07 feet, to a point of curvature of a circular curve concave to the East
having a radius of 1300.00 feet and a central angle of 3335'08"; thence Southerly along
the arc of said curve, an arc distance of 762.03 feet to a point of tangency; thence
South 18"14'52" East, a distance of 784.39 feet, to a point of curvature of a circular
curve concave to the Northeast having a radius of 1034.87 feet and a central angle of
18"43'35"; thence Southeasterly along the arc of said curve an arc distance of 338.24
feet to a point of reverse curvature of a curve concave to the West having a radius of
25.00 feet and a central angle of 91 "10'34"; thence Southwesterly along the arc of said
curve a distance of 39.78 feet; thence South 54"12'07" West, a distance of 596.90 feet;
thence North 35"47'53" West, a distance of 140.00 feet; thence South 5472'07" West, a
distance of 554.05 feet to the Point of Beginning; thence South 35"47'53" East, a
distance of 403.31 feet; thence South 5472'07" West, a distance of 666.09 feet; thence
North 35"47'53" West, a distance of 571.88 feet; thence North 54" 12'07" East, a
distance of 79.08 feet; thence North 09"12'07" East, a distance of 251.17 feet, to a point
of curvature of a curve concave to the South having a radius of 100.35 feet and a
central angle of 90"00100"; thence Easterly along the arc of said curve a distance of
157.63 feet to a point of tangency; thence South 80°47'53" East, a distance of 359.19
feet; thence South 35"47'53" East, a distance of 92.19 feet; thence North 5472'07" East,
a distance of 13.50 feet to the Point of Beginning.
Said parcel containing 9.9 acres, more or less.
44
1
2
3
4
Exhibit "B"
FUTURE LAND USE MAP
Ordinance No. 10-035
File No.: FLUMA-720104078
Page 5
FLUMA-720104078 Future Land use
PGA Village
~; - _ - ~~ -
~ ~
~
' z
~~
~.~
~
~ 1'~+ ;'. J
y
j
`
~
~
G ~ _~
' 11
..hvJ
.. z
OSR
V
P
s y
R ~
~
~T m~ _ - ~
R
s ~ r/ ~
S ,~
y,Q
-
~
sa
P~° Z
O
\
~
~
a~ o~'~ 5_ R 9 M ~7, ~
_ ~" - ~ ~`~
t
, C f2 .
1
G!t ` ~-
_
t-
~ ~ ~ ~
G " COM ~ -.
r' ~ O
i ~ ~`- ~~ i
Y
F~
`
~ z
RL
~
. 4/y QE C I W '/~
Ej
'
' H
H-CG
R
,
~ ,
,.
< -
~~~ ~~~~ n~ ~FGJD ~ ~ S ~ f~~~ -
"~ ~ ..~
O =;' k,
~i
TC
.
SI L cieC tyF t eLantl Use a1 S[L Fut L dUSe -.,_ P Lci
N
® Subject property ,y ~ , ,~ a: ~ ose o,e sp ~ cor .. , .._
,
H ~ Ry es ~
~-. - ~~..c,~a..~d~a: s «r ~ ~>c ~ .rain
City o! Port St Wcie u , s tr ~, ,~,
a
~ i ~s, er 4esde_tia.
fvtar. Fre;;aretl h~,ust '-E 201:;
t,o_ ... ._p e . . .. .,ni i,~
Ordinance No. 10-035
File No.: FLUMA-720104078
Page 6
Exhibit "C"
CONCURRENCY DEFERRAL AFFIDAVIT
St. Lucie County
Concurrency Deferral Affidavit
Supplement 4
I Soren Spiers ,residing or doing business at 951 Nw Country Club Dr.
ame ee
Port Saint Lucie FL 34986 772.340.1444
Y ~ ~ ~ one
have applied for a Small Area Future Land Use Amendment from St. Lucie County, Florida,
ype o eve opmen er
for the fOIIOWing project: 9.9 ac. (mol) parcel located at the PGA Clubhouse within the Reserve DRI
ame o ropos eve opment
Parcel ID NUmber(S): Apart of Parcel ID Number 3327-200-0001-000-4
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 for a final
development order for the same property.
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 1 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 develop the subject property.
So~,~ S~Q ~r-~'~ -_'~ ~~~--~~ ~ /~ 1 - X16
pp caA~iT~ame TFrin-ie-d)+- Cigna ure o pp can ajS'Te
STATE OF ~lortcla. COUNTY OF 5k• ~.acfQ ~~
The foregoing instrument was acknowledged before me this -1 day of _
20 Ld by ~~~ SD ~eXs who is personally known to
me or who has produced
as identification.
i nature ot~ofa ~~~~ T C ~' Cc~
g ype or nn ame o o ary
~1~7(nbel'13 Commission Number
Page 11 of 11
Revised: June 19, 2008
(Seal)
strs~wKo
~',~~ Mv.casaw~oo~eea~:
exrx~s: rara, tt,sot2
s.Hyanwrbl.yrWlo lMMwwlMn~
.,:<~i
h
CHARLIE CRIST
Governor
November 1, 2010
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Ave
Fort Pierce, Florida 34982
Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk
Dear Mr. Smith:
a
Pursuant to the provisions of Section 125.66, Florida Statutes, this will ackno
letter October 25, 2010 and certified copy of St. Lucie County Ordinance No. 1 wledge receipt of your
this office on October 29, 2010. 0 035, which was filed m
Sincerely,
Liz Clou
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.tl.us
COMMUNITY DEVELOPMENT
850.245.6600 • FAX; 850.245.6643 STATE LIBRARY OF FLORIDA
850.245.6600 • FAX; 850.245.6744 STATE ARCHIVES OF FLORIDA
CAPITOL BRANCH 850.245.6700 • FAX: 850.488.4894
850.488.2812. RECORDS MANAGEMENT SERVICES
FAX: 850.488.9879 ADMINISTRATIVE CODE AND WEEKLY
850.245.6750 FAX; 850.245.6795
850.245.6270 • FAX; 850,245.6282
DAWN K. ROBERTS
Interim Secretary of State
"i t' i ~ Lj$RARY AND ARCHIVES OF FLORIDA