HomeMy WebLinkAbout06-040
ORDINANCE NO. 06-040
AN ORDINANCE REPEALING ORDINANCE NO. 06-023
WHICH ORDINANCE APPROVED A SMALL SCALE LAND
USE AMENDMENT TO THE ST. LUCIE COUNTY
COMPREHENSIVE PLAN CHANGING THE FUTURE LAND
USE OF A 9.44 ACRE PARCEL OWNED BY GRANDE BEACH
NORTH HUTCHINSON ISLAND, LLC: PROVIDING FOR
SEVERABILITY AND EFFECTIVE DATE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made
the following determinations:
1. On May 2,2006, the Board adopted Ordinance No. 06-023 by a vote of 4-1 with
Commissioner Coward dissenting, approving a small scale land use amendment to the St. Lucie
County Comprehensive Plan changing the future land use of a 9.44 acre parcel owned by
Grande Beach North Hutchinson Island, LLC from Commercial (COM) to Mixed Use (MXD);
and
2. Ordinance No. 06-023 has been rendered to the State of Florida Department
of Community Affairs as required by law; and
3. On May 31, 2006, E. Robert Emery and Ellen J. Emery filed a petition for formal
administrative hearing which hearing is currently scheduled for hearing beginning on August
28, 2006; and
4. On July 7, 2006, Grande Beach North Hutchinson Island, LLC sent a letter to
the County requesting the County to repeal Ordinance No. 06-023.
5. In view of the request referenced above, the Board believes that the repeal
of Ordinance No. 06-023 is in the best interests of the citizens of St. Lucie County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, as follows:
PART A.
Ordinance No. 06-023 is repealed in its entirety. The property covered by Ordinance
No. 06-023 is returned to the preexisting land use designation of Commercial (COM).
EDWIN M. FRY. Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 2914259 08/16J2006 at 11:19AM
OR BOOK 2637 PAGE 732 - 733 Doc Type: ORDN
RECORDING: $18.50
PART B.
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 circumstance, such holding shall not affect its applicability to any
other person, property, or circumstance.
PART C.
EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
PART D.
ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Doug Coward
Vice Chairman Chris Craft
Commissioner Joseph E. Smith
Commissioner Paula A. Lewis
Commissioner Frannie Hutchinson
AYE
AYE
AYE
AYE
AYE
PASSED AND D~LY ADOPT~hiS 1st day of August, 2006.-
. ,
·'.~OARD OF COUNTY COMMISSIONERS
ST. LUCIE COU irY, F ORIDA
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¡,BY:
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APPROVED AS TO FORM AND
CORRECTNESS
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Is. _ë5\. County Attorney