HomeMy WebLinkAbout05-019
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ORDINANCE NO. 05-019
File Number P A-04-009
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. St. Lucie County Board of County Commissioners and Barbara Guettler
Debus, presented a petition for a change in Future Land Use Designation
from COM (Commercial), RU (Residential Urban) and R/C (Residential
Conservation) to CPUB (Conservation-Public) and RS (Residential
Suburban).
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 subj ect property, and recommended that this Board approve the change in
Future Land Use Designation from COM (Commercial), RU (Residential
Urban) and R/C (Residential Conservation) to CPUB (Conservation-Public)
and RS (Residential Suburban) 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 10 days prior to the hearing and notifying by mail
the owners of property within 500 feet of the subject property.
4. On December 21, 2004 this Board authorized the transmittal of a change in
Future Land Use Designation from COM (Commercial), RU (Residential
June 7, 2005
Page 1
EDWIN M. FRY Jr CLER
SAINT LUCIE cour.ny K OF THE CIRCUIT COURT
FILE # 2646899 0
OR BOOK 2273 p~~5~~~ at 03:48 PM
RECORDING: $52.50 67 - 2572 Doc Type: ORDN
Ordinance 05-019
File No: P A-04-009
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Urban) and R/C (Residential Conservation) to CPUB (Conservation-Public)
and RS (Residential Suburban) to the Florida Department of Community
Affairs for further agency review in accordance with the provisions of
Chapter 163, Florida Statutes;
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
subject property.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners ofS1.
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:
From the Northwest comer of the Northeast ~ of Section 17, Township 34 South, Range 40
East, run South 01'42'12" East along the 1,4 Section 17, Township 34 South, Range 40 East,
a distance of672.8 feet to the Point of Beginning; thence, run South 24'16'34" East a distance
of 539.91 feet; thence, run North 89'38'04" West a distance of 242.46 feet to the Easterly
right -of-way for U. S. Highway 1; thence, run North 24' 16'34" West along said right-of-way a
distance of539.l5 feet; thence, run South 89'42'56" East a distance of242.3 feet to the Point
of Beginning.
and
Beginning at the Northwest comer of the Northeast ~ of Section 17, Township 34 South,
Range 40 East, run South 01 '42'12" East a distance of672.8 feet; thence, run South 24'16'34"
East a distance of222.4 feet; thence, run South 89'38'04" East a distance of615.76 feet to the
West right-of-way line of Old Dixie Highway; thence, run North 18'35'24" West a distance of
673.20 feet; thence, run North 89'46'54" West a distance of 117.37 feet; thence, run North
12'27'17" West a distance of245 feet to the North line of said Section 17; thence, run North
89'47'42" West a distance of 342 feet to the Point of Beginning.
and
All the certain parcel of real estate located in S1. Lucie County, Florida, which is bound on
the South by the North line of the Indrio Road right-of-way; and the East by the meandering
June 7, 2005
Page 2
Ordinance 05-019
File No: P A-04-009
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West shore ofthe Indian River; on the North by the South line of the Wilcox Road right-of-
way; and on the West by the East line ofthe Florida East Cost Railroad right-of-way.
Also known as parcel in Sections 16 and 17, Township 34 South, Range 40 East, St. Lucie
County, Florida, being described as follows:
From the Northwest comer of the Northeast 'l4 of Section 17, Township 34 South, Range
40 East, run East along the Section line 609.75 feet to the East right-of-way of the Florida
East Coast Railroad for the Point of Beginning; thence continue East 2480 feet more or
less to the Indian River; thence run Southeasterly along the Indian River 1730 feet more
or less to the North right-of-way of Michigan Street; then run Southwesterly along said
right-of-way line 2192 feet to the East right-of-way line ofthe Florida East Coast
Railroad; thence run Northwesterly along said right-of-way line 2570.53 feet to the Point
of Beginning, less and excepting the North 50 feet.
owned by St. Lucie County Board of County Commissioners, is hereby changed from COM
(Commerciål), RU (Residential Urban) and R/C (Residential Conservation) to CPUB
(Conservation-Public ).
And
173440 THAT PART OF NW 1/4 OF NE 1/4 LYG W OF OLD DIXIE HWY MPDAF:
FROM NW COR OF NE 1/4 RUN S 1 DEG 42 MIN 12 SEC E 672.8 FT, TH S 24 DEG 16
MIN 34 SEC E 222.4 FT FOR POB, TH CONT S 24 DEG 16 MIN 34 SEC E 317.51 FT,
THEL Y TO PT ON W LI OF OLD DIXIE HWY 200 FT NWL Y OF S LI OF NW 1/4 OF
NE 1/4, TH NLY ON R/W 291.8 FT MIL TO SE COR OF CITRUSRIVER COLONY
PROP, TH N 89 DEG 38MIN 04 SEC W 615.76 FT TO rOB (3.95 AC) (OR 1472-573)
owned by Debra GuttIer Debus, is hereby changed from COM (Commercial) to RS
(Residential Suburban).
Location: On the south side of Wilcox Road, extending from US Highway 1 to the Indian
River Lagoon.
B. FINDING OF CONSISTENCY
This Board specifically determines that the approval ofthis 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
June 7, 2005
Page 3
Ordinance 05-019
File No: PA-04-009
.
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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
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 ofthis 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.
June 7, 2005
Page 4
Ordinance 05-019
File No: P A-04-009
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H. 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 Shumard Oak Boulevard Tallahassee, FL 32399-
2100.
1: EFFECTIVE DATE
This Ordinance shall take effect upon the issuance by the State Land Planning Agency of a
Notice of Intent to find the adopted amendment in compliance in accordance with Section
163.3184(9), Florida Statutes, or until the Administration Commission issues a final order
finding the adopted amendment in compliance in accordance with Section 163.3184(10).
J. ADOPTION
After motion and second, the vote on this resolution was as follows:
Chairperson Frannie Hutchinson
AYE
Vice Chairperson Doug Coward
AYE
Commissioner Chris Craft
AYE
Commissioner Paula A. Lewis
AYE
Commissioner Joe Smith
AYE
PASSED AND DULY ADOPTED this 7th day of June, 2005.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
·1
'-
June 7, 2005
Page 5
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ATTEST:
June 7, 2005
Page 6
APPROVED AS TO FORM AND
CORRECTNESS:
~~
t>,.AA- COUNTY ATTORNEY
Ordinance 05-019
File No: PA-04-009