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HomeMy WebLinkAbout06-007 , ~. Cvp¡-e))~I1: ~~ i· F ItJ OM\:"> ~. ,f;\";¡'" £(l 0(, EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 278786901/27/2006 at 02:38 PM OR BOOK 2472 PAGE 2517 - 2521 Doc Type: ORDN RECORDING: $44.00 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 ORDINANCE NO. 06-007 FILE NO.: PA-05-005 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 St. Lucie County, Florida, based on the testimony and evidence including, but not limited to the staff report, has made the following determinations: 1. Jeffrev Freedman presented a petition for a change in Future Land Use Designation from COM (Commercial) to RM (Residential Medium) for the property described in Part A below. 2. On November 17, 2005, the St. Lucie County Local Planning Agency 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 subject property, and has recommended that this Board approve the hereafter described request for a change in Future Land Use Designation from COM (Commercial) to RM (Residential Medium) for the property described in Part A below. 3. On January 17, 2006, 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. 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. File No.: PA-05-005 January 17, 2006 Ordinance No. 06-007 Page 1 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 '"', t 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: THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT (P.O.C.) BEING THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13; THENCE NORTH 00 DEGREES 02'03" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13; FOR A DISTANCE OF 708.55 FEET; THENCE SOUTH 89 DEGREES 59'58" WEST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING (POB); THENCE CONTINUE SOUTH 89 DEGREES 59'58" WEST, PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 691.35 FEET; THENCE NORTH 00 DEGREES 38' 11" EAST, FOR A DISTANCE OF 486.95 FEET; THENCE NORTH 89 DEGREES 21' 45" WEST, FOR A DISTANCE OF 110.74 FEET; THENCE NORTH 08 DEGREES 41' 58" EAST, FOR A DISTANCE OF 108.65 FEET; THENCE NORTH 89 DEGREE 58' 49" EAST, ALONG A LINE 25 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13 (THE SAME LINE BEING THE SOUTH LINE OF THAT 25 FOOT RIGHT-OF -WAY DEED, RECORDED IN OFFICIAL RECORD BOOK 649, PAGE 27 AND 28, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA), FOR A DISTANCE OF 779.89 FEET; THENCE SOUTH 00 DEGREES 02' 03" EAST, ALONG A LINE 20 FEET WEST OF AND PARALLEL TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13 (THE SAME LINE BEING THE WEST LINE OF THAT 20 FOOT RIGHT-OF -WAY DEED, RECORDED IN OFFICIAL RECORD BOOK 585, PAGES 1449 THROUGH 1451, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA), FOR A DISTANCE OF 595.81 FEET TO THE POINT OF BEGINNING (P.O. B.). Said lands contain 9.6627 acres, more or less. (Location: South side of Miramar Ave, approximately 300 feet east of the Turnpike Feeder Road.) is hereby changed from COM (Commercial) to RM (Residential Medium). B. FINDING OF CONSISTENCY This Board specifically determines that the approval of this change in the Future Land Use Element is internally consistent with the policies and objectives contained in the St. Lucie County Comprehensive Plan. File No.: PA-05-005 January 17, 2006 Ordinance No. 06-007 Page 2 ), 1 2 C. 3 4 5 6 7 8 9 D. 10 11 12 13 14 15 16 E. 17 18 19 20 21 22 23 24 F. 25 26 27 28 G. 29 30 31 32 33 34 H. 35 36 37 38 39 40 I. 41 42 43 44 45 46 47 CHANGES TO THE FUTURE LAND USE MAPS The St. 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. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of S1. 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. 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. APPLICABILITY OF ORDINANCE This ordinance shall be applicable as stated in Paragraph A. 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. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS The Growth Management Director shall send a certified copy of this Ordinance to the Department of Community Affairs, 2555 S. Shumard Oak Blvd., 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). File No.: PA-05-005 January 17, 2006 Ordinance No. 06-007 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 )' J. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Douglas Coward AYE Vice-Chairman Chris Craft NAY Commissioner Frannie Hutchinson AYE Commissioner Paula Lewis AYE Commissioner Joe Smith AYE BY PASSED AND DULY ADOPTED This 1 yth day of January 2006. BOARD OF COUNTY COMMISSIQN ST. LUCIE COUNTY, FLORIDA . ATTEST: APPROVED AS TO FORM AND CORRECTN SS: dw File: H :/Docs/P&Z/indriocrossings/F LUordinance File No.: PA-05-005 January 17, 2006 Ordinance No. 06-007 Page 4 -,) A petition of Indrio Crossings Small Scale land use amendment to change land use,alassification from COM (Commercial) to RM (Residential Medium). t- en z UJ J: ~ UJ t- a. ~ en JAMES RD .....J z UJ 0 .....J 0 UJ .....J 0 UJ .....J Z .....J !:Q <1: UJ UJ Z en UJ 0 <1: :5 a:: en C) MIRAMAR AVE SANTA BARBARA DR ~ J: en C) z S2 INDRIO_RD PA 05-005 Legend ~ Subject parcel Ma .Q- ~~ ~~.,.':"-- yrøwtli .JItanaeement Ð¥artment N A