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Home My WebLink About07-003 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 3019812 OR BOOK 2772 PAGE 339, Recorded 03/05/2007 at 10:53 AM Gr(¡G III n~ Ç¡h· fKC frr( c(; {':,Y h~ : 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 ORDINANCE NO. 07-003 FILE NO.: PA.Q6.Q02 AN ORDINANCE CHANGING THE FUTURE LAND USE DESIGNATION OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY; AUTHORIZING AMENDMENTS TO THE FUTURE LAND USE MAPS 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 COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE; AND, PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of 8t. Lucie County, Florida, based on the testimony and evidence including, but not limited to the staff report, has made the following determinations: 1. Robert P. Riael presented a petition for a change in Future Land Use Designation from COM (Commercial) to RU (Residential Urban - 5 units per acre maximum) for the property described in Part below and depicted on Exhibit "A". 2. On January 18, 2007, the 81. Lucie County ning Agency held a public hearing on the petition, after publishin t 10 ys prior to the hearing and notifying by mail all owners property WI' feet of the subject property, and recommended that this Board appro the hereafter described request for a change in Futur Use Desig ion from COM (Commercial) to RU (Residential Urb 5 Un! per acre maximum) for the property described in Part A below depict on Exhibit "A". 3. on the petition, after nd notifying by mail all scribed in Part A below Ordinance No. 07-003 File No.: PA-06-002 Page 1 February 20, 2007 OR BOOK 2772 PAGE 340 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 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. 5. The proposed change in land use is consistent with the existing and proposed use of property in the surrounding area. 6. A Concurrency Deferral Affidavit, a copy which is attached to this Ordinance as Exhibit "B", was signed by the applicant on August 21, 2006. 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 S1. Lucie County Comprehensive Plan for the property described as follows: TAKE FOR THE POINT OF BEGINNING THE INTERSECTION OF THE WESTERLY ROW LINE OF SR A-1-A AND THE NORTH LINE OF NETTLES ISLAND AS RECORDED IN PLAT BOOK 16, PAGE 1, ST. LUCIE COUNTY FLORIDA; THENCE RUN NORTH 22 DEGREES 58' 01" WEST ALONG THE WESTERLY ROW LINE OF SR A-1-A, A DISTANCE OF 303.5 FEET; THENCE RUN SOUTH 88 DEGREES 20' 29" WEST A DISTANCE OF 433.99 FEET, THENCE RUN SOUTH 1 DEGREE 39' 31" EAST A DISTANCE OF 160.00 FEET; THENCE RUN SOUTH 88 DEGREES 20' 29" WES DISTANCE OF 500.91 FEET; THENCE RUN SOUTH 1DEGREE 39' 31" T A DISTANCE OF 200 FEET; THENCE RUN SOUTH 88 DEGREES 20' 29" T A DISTANCE OF 276 FEET TO A POINT LYING 200 FEET EAST OF THE RE OF THE INDIAN RIVER LAGOON; THENCE RUN SOUTHEAST L Y 3 EET (MOL) TO THE NORTH LINE OF NETTLES ISLAND AS RECO a 6, PAGE 1, ST. LUCIE COUNTY, FLORIDA; THENCE RUN NORTH 72 EES 40' 50" EAST ALONG THE NORTH LINE OF NETTLE SLAND AS RE DED IN PLAT BOOK 16, PAGE 1, ST. LUCIE COUNTY A DISTA CE OF 1,134.00 FEET (MOL) TO THE POINT OF BEGIN ParcellD No.: 4502-231-0002-00 (Location: West side of South A-1-A, on t Entrance) side of Nettles Island is hereby changed from C units per acre maximum). Page 2 February 20, 2007 Ordinance No. 07-003 File No.: PA-06-002 OR BOOK 2772 PAGE 341 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 B. FINDING OF CONSISTENCY This Board specifically determines that the approyal of this change in the Future Land Use Element is internally consistent with the policies and objectives contained in the S1. Lucie County Comprehensive Plan. C. CHANGES TO THE FUTURE LAND USE MAPS The S1. Lucie County Growth Management Director is hereby authorized and directed to cause these changes to be made in the Future Land Use maps 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, inoperatiye or void, such holdi g shall not effect the remaining portions of this Ordinance. If this 0 . ance or any provision thereof shall be held to be inapplicable to person, property, or circumstances, such holding shall not effect its a icability to any other person, property, or circumstances. F. APPLICABILITY OF ORDINANCE This ordinance shall be applicable as G. FILING WITH THE DEPARTMENT certified copy of this f State, The Capitol, The Clerk be and hereby is directed forth . Ordinance to the Bureau of Laws, Depart Tallahassee, Florida, 323040 Page 3 February 20, 2007 Ordinance No. 07-003 File No.: PA-06-002 OR BOOK 2772 PAGE 342 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 H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS The Community Development Director shall send a certified copy of this Ordinance to the Department of Community Affairs, 2555 S. Shumard Oak BIYd., Tallahassee, Florida, 32399-2100. I. 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 orderfinding the adopted amendment in compliance in accordance with Section 163.3184(10). J. ADOPTION After motion and second, the yote on this ordinance was as follows: Chairman Chris Craft AYE Vice-Chairman Joe Smith AYE Commissioner Douglas Coward AYE Commissioner Paula Lewis Commissioner Charles Grande PASSED AND DULY ADOPTED This 20th d ATTEST: Page 4 February 20, 2007 Ordinance No. 07-003 File No.: PA-06-002 OR BOOK 2772 PAGE 343 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Page 5 February 20, 2007 EXHIBIT A . Vicinity Maps . Site Location Map o Ordinance No. 07-003 File No.: PA-06-002 OR BOOK 2772 PAGE 344 ~~ '" 0 0 "- 0- ,1 N UJ ..co :I Ö ã) ::> ~ z.~ (/)11. N C> '" ~ ä: 0 0 } ~ c.: I ~ ~ CO ~i ~ t 0 Q) ~ i .c a. 0 :i a::: ::; b A ~ Ii ~ ~.. .¿ t ß ~ ! OR BOOK 2772 PAGE 345 A petition of Robert P. Rigel for a Change in Future Land Use Designation from COM (Commercial) to RU (Residential Urban) PA 06-002 Map prepared November 20, 2006 N A OR BOOK 2772 PAGE 346 Robert P. Rigel Map prepared November 20, 2006 OR BOOK 2772 PAGE 347 Land Use Robert P. Rigel CPUB PA 06-002 Map prepared November 20, 2006 OR BOOK 2772 PAGE 348 Robert P. Rigel PA 06-002 Map prepared November 20, 2006 OR BOOK 2772 PAGE 349 2 3 4 5 6 EXHIBIT B 7 Concurrency Deferral Affidavit Page 6 February 20, 2007 o Ordinance No. 07-003 File No.: PA-06-002 OR BOOK 2772 PAGE 350 ·S-r"LU·Cll. ~~: COllrn y ~c!IIo r l ,- --~ -- St. Lucie County Concurrency Deferral Affidavit Fee: See Application Form I, Rö&;l2.:t ~ i ~EL , residing or doing business at qrlS'1 g. D:.eAN 1) a. , Name Street """31;I\\SSÑ ~~ ,~. ~L\ ':IS'l , 1<7d\·~éLc:¡·ólltdd.. City State Zip Phone have applied for a RITl1 flF U\ÑÙ Us£::' A{V\t=:I\IDM¡:1\ITTrom S1. Lucie County, Florida, Type of Development Order for the following project: 1.11\H,¿l\toWI\\ ('W.R. <tOm.. 5'5" ~~ ~5"5'OJ~ Name of Proposed Development . 'Q"QR ~ 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 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 5.01.01 of the St. Lucie County Land Development Code, no final development approval can granted until capacity in those facilities is available at that time. The issuance of a prell j development order without a certificate tes no vested or other rights to deve the subject property. Signed: State of Florida, County of S1. Lucie December 22. 2005 Page 10 of 10