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HomeMy WebLinkAbout05-018 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 CJ>\:>ý -In: £ l .I\ . f> tfÐ PWT> mtß 'fIÌ') . ~ ORDINANCE NO. 05-018 File Number PA-04-010 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 ofS1. Lucie County, Florida, has made the following determinations: 1. Home Dynamics Corporation, presented a petition for a change in Future Land Use Designation from COM (Commercial) and RU (Residential Urban) to RM (Residential Medium); 2. On December 9,2004 the S1. 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 recommended that this Board not transmit the change in Future Land Use Designation from COM (Commercial) and RU (Residential Urban) to RM (Residential, Medium) for the property described in Part A below; 3. On December 21, 2004, this Board held a public hearing on the petition, after publishing notice at least lO days prior to the hearing and notifying by mail the owners of property within 500 feet of the subject property. 33 34 35 36 37 38 39 40 41 42 43 44 45 4. On December 21, 2004 this Board authorized the transmittal of a change in Future Land Use Designation from COM (Commercial) and RU (Residential, Urban) to RM (Residential, Medium) to the Florida Department of Community Affairs for further agency review in accordance with the provisions of Chapter 163, Florida Statutes; and 5. On June 7, 2005, this Board held a public hearing on the petition, after publishing a notice of such hearing in the Fort Pierce Tribune on May 28, 2005 and notifying by mail all owners of property within 500 feet of the subj ect property. EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2648729 06/20/2005 al 09:35 AM OR BOOK 2276 PAGE 1167 -1172 Doc Type: ORDN RECORDING: $52.50 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 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners ofSt. 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: That certain parcel situate, lying and being in S1. Lucie County, Florida, more particularly described as: The Northeast ~ of the Northeast ~ of Section 29, Township 35 South, Range 40 East, LESS AND EXCEPT the following: Right-of-way for Hawley Road (South 25th Street), right-of-way for Edwards Road, and right-of-way for North S1. Lucie River Water Management District Canal located along the Western boundary of the above described land. LESS ALL OF THE FOLLOWING: PARCEL "c" A strip of land lying in Section 29, Township 35 South, Range 40 East, S1. Lucie County, Florida, and being more particularly bounded and described as follows: COMMENCE at the Northeast comer of said Section 29; thence South 00 Degrees 06'35" East, along the East line of said Section 29, a distance of 40.00 feet; thence South 89 Degrees 59'07" West, a distance of 40.00 feet, to the intersection of the South right-of-way of Edwards Road and the West right-of-way of South 25th Street; thence continue South 89 Degrees 59'07" West, along said South right-of-way of Edwards Road and parallel with the North line of said Section 29, a distance of 3l0.00 feet to the POINT OF BEGINNING; thence continue South 89 Degrees 59'07" West, along said South right-of-way of Edwards Road and parallel with said North line of Section 29, a distance of 499.71 feet, to the Point of Curvature of a curve concave to the Southeast, having a radius of1392.58 feet; thence along the arc of said curve, through a central angle of 18 Degrees 41 '28" Southwesterly 454.29 feet, to a point 25.00 feet, at a right angle, East ofthe West line ofthe Northeast ~ of the Northeast ~ of said Section 29; thence South 00 Degrees 07'41 " West, parallel with said West line of the Northeast ~ of the Northeast~, a distance of21.15 feet to June 7, 2005 Page 2 Ordinance 05-018 File No: PA-04-010 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 a Point of Intersection of a line 25.00 feet, at a right angle, East of said West line of the Northeast ~ of the Northeast ~ of Section 29 and a curve concave to the Southeast, having a radius of 1372.58 feet; thence along the arc of said curve, through a central angle of18 Degrees 58'34"; Northeasterly 454.59 feet to a Point of Tangency; thence North 89 Degrees 59'07" East, parallel with said South right-of- way of Edwards Road, a distance of 499.74 feet; thence North 00 Degrees 06'35" West, parallel with said East line of Section 29, a distance of 20.00 feet, to the POINT OF BEGINNING; containing 0.438 acres, more or less. PARCEL"D" A strip of land lying in Section 29, Township 35 South, Range 40 East, S1. Lucie County, Florida, and being more particularly bounded and described as follows: Commence at the Northeast comer of said Section 29, thence South 00 Degrees 06'35" East, along the East line of said Section 29, a distance of 40.00 feet; thence South 89 Degrees 59'07" West, a distance of 40.00 feet to the intersection of the South right-of-way of Edwards Road and the West right-of-way of South 25th Street, said point being at the POINT OF BEGINNING; thence continue South 89 Degrees 59'07" West, along said South right-of-way of Edwards Road and parallel with the North line of said Section 29, a distance of 310.00 feet; thence South 00 Degrees 06'35" East, parallel with the said East line of Section 29, a distance of20.00 feet; thence North 89 Degrees 59'07" East, parallel with said North line of Section 29, a distance of290.00 feet; thence South 00 Degrees 06'35" East, parallel with said East line of Section 29, a distance of 230.00 feet; thence North 89 Degrees 59'07" East, parallel with said North line of Section 29, a distance of20.00 feet, to a point on said West right-of-way of South 25th Street; thence North 00 Degrees 06'35" West, along said West right-of-way of South 25th Street and parallel with said East line of Section 29, a distance of250.00 feet to the POINT OF BEGINNING; containing 0.248 acres, more or less PARCEL "E" A strip of land lying in Section 29, Township 35 South, Range 40 East, S1. Lucie County, Florida, and being more particularly bounded and described as follows: Commence at the Northeast comer of said Section 29, thence South 00 Degrees 06'35" East, along the East line of said Section 29, a distance of 40.00 feet; thence South 89 Degrees 59'07" West, a distance of 40.00 feet to the intersection of the South right-of-way of Edwards Road and the West right-of-way of South 25th Street; thence South 00 Degrees 06'35" East, along said West right-of-way of South 25th June 7, 2005 Page 3 Ordinance 05-018 File No: PA-04-010 1 Street and parallel with said East line of Section 29, a distance of250.00 feet to the 2 POINT OF BEGINNING; thence South 00 Degrees 06'35" East along said West 3 right-of-way of South 25th Street and parallel with said East line of Section 29, a 4 distance of 160.65 feet; thence South 89 Degrees 59'07" West parallel with North 5 line of said Section 29, a distance of 20.00 feet; thence North 00 Degrees 06'35" 6 West parallel with said West right-of-way of South 25th Street, a distance of 160.65 7 feet; thence North 89 Degrees 59'07" East parallel with said North line of Section 29, 8 a distance of20.00 feet to the POINT OF BEGINNING; containing 0.074 acres, more 9 or less. 10 11 PARCEL "F" 12 13 A strip of land lying in Section 29, Township 35 South, Range 40 East, S1. Lucie 14 County, Florida, and being more particularly bounded and described as follows: 15 16 Commence at the Northeast comer of said Section 29, thence South 00 Degrees 1 7 06'35" East, along the East line of said Section 29, a distance of 40.00 feet; thence 18 South 89 Degrees 59'07" West, a distance of 40.00 feet to the intersection of the 19 South right-of-way of Edwards Road and the West right-of-way of South 25th Street; 20 thence South 00 Degrees 06'35" East along said West right-of-way of South 25th 21 Street and parallel with said East line of Section 29, a distance of 410.65 feet to the 22 POINT OF BEGINNING; thence continue South 00 Degrees 06'35" East along said 23 West right-of-way of South 25th Street and parallel with said East line of Section 29, 24 a distance of 877.12 feet to a point on the South line of the Northeast ~ of the 25 Northeast ~ of Section 29; thence South 89 Degrees 19'20" West, along"said South 2 6 line of Northeast ~ ofthe Northeast ~ of Section 29, a distance of20.00 feet; thence 27 North 00 Degrees 06'35" West, parallel with said West right-of-way of South 25th 28 Street, a distance of877.35 feet; thence North 89 Degrees 59'07" East, parallel with 29 the North line of said Section 29, a distance of 20.00 feet to the POINT OF 30 BEGINNING; continuing 0.403 acres, more or less. 31 32 PARCEL "G" 33 3 4 A strip ofland lying in the Northeast ~ of Section 29, Township 35 South, Range 40 35 East, S1. Lucie County, Florida, and being more particularly described as follows: 36 37 Commence at the Northeast comer of said Section 29, thence South 00 Degrees 38 06'35" East, along the East line of said Section 29, a distance of 60.00 feet; thence 39 South 89 Degrees 59' 12" West, a distance of 60.00 feet to a point on the West right- 40 of-way line of South 25th Street and the POINT OF BEGINNING of the herein 41 described strip ofland, thence South 00 Degrees 06'35" East, along said West right- June 7, 2005 Page 4 Ordinance 05-018 File No: PA-04-010 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 of-way line and parallel with the East line of said Section 29, a distance of 1268.02 feet, to a point on the South line ofthe Northeast ~ ofthe Northeast ~; thence South 89 Degrees 19'26" West, along said South line, a distance of20.00 feet; thence North 00 Degrees 06'35": West, along a line parallel to the aforementioned East line of said Section 29, a distance of 1268.25 feet, to a point on the South right-of-way line of Edwards Road; thence North 89 Degrees 59' 12" East, along said South right-of-way line and parallel to the North line of Section 29, a distance of20.00 feet to the POINT OF BEGINNING of the herein described strip of land. owned by Home Dynamics Corporation, is hereby changed from COM (Commercial) and RU (Residential Urban) to RM (Residential Medium). Location: Southwest comer of the intersection of South 25th Street and Edwards Road. 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. 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 June 7, 2005 . Page 5 Ordinance 05-018 File No: PA-04-010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2 21 22 Commissioner Chris Craft Commissioner Paula A. Lewis Commissioner Joe Smith AYE AYE AYE PASSED AND DULY ADOPTED this 7th day of June, 2005. ATTEST: June 7, 2005 Page 7 BOARDOFCOUNTYCOMMIS~O~RS ST. LUCIE COUNT F BY ."~,-,. ~a-ø--;' Þõ'- COUNTY ATTORNEY Ordinance 05-018 File No: PA-04-010