HomeMy WebLinkAbout06-026
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
ORDINANCE No. 06-026
File Number PA-05-011
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,
has made the following determinations:
1. Mr. Charles Sabin, Sabin Companies, Inc. presented a petition for a change
in Future Land Use Designation from COM (Commercial) to Residential
Medium Density (RM - Orchid Place, Medium Intensity)
2. On April 20, 2006 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 adopt the
hereinafter described request for a change in Future Land Use Designation
from COM (Commercial) to Residential, Medium for the property described
in Part A below;
3, On May 16, 2006 this Board held a public hearing on the adoption, after
publishing a notice of such hearing in the Fort Pierce Tribune and the Port
St. Lucie News on May 2,2006 and notifying by mail all owners of property
within 500 feet of the subject property,
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:
THE WEST 742,98 FEET (8.9 ACRES) OF THE FOLLOWING DESCRIBED PARCEL:
THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 20,
TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND
EDWIN M, FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 288067306115/2006 at 04:13 PM
OR BOOK 2590 PAGE 1575 -1579 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
EXCEPTING THE EAST 560,0 FEET, AND THE NORTH 96 FEET FOR CANAL RIGHT OF WAY,
AND LESS THE RIGHT-OF-WAY FOR EDWARDS ROAD
TOGETHER WITH:
THE WEST 520.0 FEET OF THE EAST 560.0 FEET OF SOUTH 1/2 OF THE SOUTHEAST 1/4 OF
THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST, LUCIE
COUNTY, FLORIDA, LESS AND EXCEPTING THE SOUTH 40 FEET AND THE NORTH 96 FEET
FOR ROAD AND CANAL RIGHT OF WAY, AND THAT CERTAIN PARCEL CONVEYED TO THE
BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FILED FOR
RECORD, OCTOBER 12, 1988 IN O.R.B, 607, PAGE 27, PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA ALSO LESS AND EXCEPTING THAT CERTAIN PARCEL OF LAND
DESCRIBED IN O.R.8. 1098, PG, 1842, AS RECORDED IN THE PUBLIC RECORDS OF S T.
LUCIE COUNTY, FLORIDA (As shown in Exhibit A)
(Parcel Identification Number: 2420-443-0001-000/4.)
Containing 8,9 acres more or less,
Location: On the north side of Edwards Road approximately 500-feet west of 25th Street
as 25th Street intersects with Edwards Road.
Owned by Charles Sabin, Sabin Companies, Inc., is hereby changed from COM
(Commercial) to Residential Medium Density (RM - Orchid Place, Medium Intensity)
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, specifically Policies 11.1.3.6 and 11.1.3.7 of the Capital
Improvements Element, which identify this approval as a Preliminary Development Order
and provide 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 is issued.
C. 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,
May 16, 2006
Page 2
Ordinance 06-026
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
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 provision 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 circumstances.
F. APPLICABILITY OF ORDINANCE
This ordinance shall be applicable as stated in Paragraph A.
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.
H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS
The Growth Management Director shall submit a certified copy of this Ordinance to the
Department of Community Affairs, 2555 Shumard Oak Boulevard Tallahassee, FL
32399-2100,
I. EFFECTIVE DATE
This Ordinance shall take effect in compliance in accordance with Section
163.3187(1)(c)2.b, and Section 125,66(2), Florida Statutes and Rule 9J-11.015, FAC.
upon the Administration Commission issuing a final order finding the adopted amendment
May 16,2006
Page 3
Ordinance 06-026
in compliance in accordance with Section 163.3184(10).
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
J. ADOPTION
After motion and second, the vote on this resolution was as follows:
Chairman Doug Coward
Vice Chairman Chris Craft
Commissioner Frannie Hutchinson
Commissioner Paula A. Lewis
Commissioner Joe Smith
Yea
Yea
Yea
Yea
Yea
PASSED AND DULY ADOPTED this 16th day of May 2006,
B
ATTEST:
£::;"ff,'rli~
/0.\:~" "'?)o"
, -----. ~"A
I -"--..---~--v\ ('.'(1
I ' ) \ ',;1
.. I! :>' \ 'J --'
¡ '<I '-r ¡ .,.}
~.J 1.)1 .
- ,-c,." /;//
.. \. ,.'
,/
¿.~.~-~---
>,\ .If f 1;\' '~. ..
~-:s~."
May 16, 2006
Page 4
APPROVED AS TO FORM AND
CORRECTNESS:
~~
~&'b COUNTY TTORNEY
Ordinance 06-026
Orchid Place
Aerial Exhibit
EXHIBIT A
Prepared by: Houston Cuozzo Group, Inc.
Map prepared July 19,2005