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HomeMy WebLinkAbout05-043 " 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 " Cð'py~: G mD ., PWÒ rvrrr2> .-' rln ¡:,ÎG RE-RECDRDING 'IO ADD "EXHIBIT A" ORDINANCE No. 05-043 File Number PA-05-002 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. AJ O:!J en m ~AJhi;e~ O~'It~_ AJ 0 '" z º;>;ool'"" 3: z"'~5' 0!l! -"" ~<6¡¡)m;o 0'1,,00.-< b~~g~ °m!1!z~ "'B-to R30'1-<!;; 00", ;0 .:.,: " 0'10 ~~ ~ ~:!> -t C')Š: ::t --i m ::¡§ 0 '" ;¡; o 0 AJ c: o :::¡ Z 0 o c: ;0 -t WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Vero Vista Center, LLC/High Ridge presented a petition for a change in Future Land Use Designation from COM (Commercial) to Mixed Use Development (MXD - High Ridge High Intensity). 2. On June 16, 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 hereinafter described request for a change in Future Land Use Designation from COM (Commercial) to MXD (Mixed Use Development - High Ridge) for the property described in Part A below; 3. On July 12, 2005 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. ~~f1~~ 0t1Jmz:E Oo'lt-t-z AJo", ~;>;:::jE3: G)~w~~ ~~g¡m;o ",,,--,,0;< "'»~Oc.. g¡~~~? <D"'-t0 (;j~-<!;; c:o æ. " .....0 " 00:-:- 0 08 "" g" -t --i š: ::t ::¡§ m '" 0 ~ ~ o c: Z :::¡ o o c: ;0 -t 4. On July 12, 2005 this Board authorized the transmittal of this petition to the Florida Department of Community Affairs for further agency review in accordance with the provisions of Chapter 163, Florida Statutes; and 5. On December 20, 2005 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 December 9, 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 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' 1 for the property described as follows: 2 3 Parcel "1" 4 Section 6, Township 34 South, Range 40 East. From the intersection of the East right-of- 5 way of U.S. Highway 1 and the North line of the Northeast X, run Southwesterly along the 6 right-of-way of U.S. Highway 1 a distance of 880.03 feet forthe Point of Beginning; thence, 7 continue Southwesterly along U.S. Highway 1 a distance of 354.5 feet; thence East 241 8 feet; thence South 150 feet to a point on the South line of the North % of the Northeast X; 9 thence East 489.51 feet to Old Dixie Highway; thence Northwesterly along Old Dixie 10 Highway a distance of 517.44 feet; thence West 550 feet to the Point of Beginning. 11 12 Parcel "2" 13 Section 6, Township 34 South, Range 40 East. Commence at the Southern boundary of 14 the North % of the Northeast X and the Eastern boundary of U.S. Highway 1; thence, run 15 Northerly along the right-of-way for U.S. Highway 1, a distance of 154.5 feet; thence East a 16 distance of 241 feet; thence South a distance of 150 feet to the South line of the North % 1 7 of the Northeast X; thence West a distance of 250 feet, to the Point of Beginning. 18 19 Parcel "3" 20 Section 6, Township 34 South, Range 40 East. Commence at the point on the East right- 21 of-way of U.S. Highway 1 and the North line of the South % of the Northeast X; thence, run 22 Southerly along the right-of-way for U.S. Highway 1 a distance of 76 feet; thence East, a 23 distance of 200 feet; thence, Northerly parallel to U.S. Highway 1, a distance of 76 feet; 24 thence West a distance of 200 feet, to the Point of Beginning. 25 26 Parcel "4" 27 That portion of the North % of the Southeast X of the Northeast X of Section 6, Township 28 34 South, Range 40 East, St. Lucie County, Florida; all lying East of the right-of-way line of 29 U.S. Highway 1 and West of the West right-of-way line of Old Dixie Highway, and that 30 portion of the North % of the North % of the Southwest X of the Northeast X of Section 6, 31 Township 34 South, Range 40 East, St. Lucie County, Florida, which lies to the East of the 32 Eastern right-of-way of U.S. Highway 1. 33 34 Less and except therefrom that parcel described as: Beginning at the North line of the 35 North % of the North % of the Southwest X of the Northeast X at the East right-of-way line 36 of U.S. Highway 1; thence, run South along the East right-of-way line of U.S. Highway 1, a 37 distance of 76 feet; thence, run East a distance of 200 feet; thence, run North parallel to 38 the East right-of-way line of U.S. Highway 1 a distance of 76 feet; thence West 200 feet to 39 the East right-of-way line of U.S. Highway 1 at the Point of Beginning. 40 41 Parcel "5" December 20, 2005 Page 2 Ordinance 05-043 1 That part of the South 3/4 of the Southwest X of the Northeast X of Section 6, Township 2 34 South, Range 40 East, lying East of the Eastern right-of-way line of U.S. Highway 1, St. 3 Lucie County, Florida. 4 5 Parcel "6" 6 The North five hundred fifty (550) feet, measured along the East side of U.S. Highway #1, 7 lying East of right-of-way of said Highway, and lying west of Old Dixie Highway, in the 8 Northeast quarter (NE 1/4) of the Southeast quarter (SE 1/4) of Section 6, Township 34 9 South, Range 40 East. 10 11 Parcel "7" 12 That part of the Northwest quarter (NW 1/4) of the Southwest quarter (SW 1/4) of Section 13 5, Township 34 South, Range 40 East, adjacent to and abutting on above described parcel 14 (Parcel 6) in Section 6, Township 34 South, Range 40 East, bounded on the East by the 15 West side of right-of-way of Highway #605, (Old Dixie Highway) all being in St. Lucie 16 County, Florida. 17 18 Parcel "8" 19 Commencing at the Northeast corner of the Southeast X of Section 6, Township 34 South, 20 Range 40 East; thence, South along the East line of Section 6, Township 34 South, Range 21 40 East a distance of 498.50 feet to a point; thence, West and parallel with the South line 22 of Section 6, Township 34 South, Range 40 East to an intersection with the East right-of- 23 way line of U.S. Highway No.1, said point being the Point of Beginning; thence, South 24 along the East right-of-way line of U.S. Highway NO.1 a distance of 225.00 feet to a point; 25 thence, East and parallel with the South line of Section of 6, Township 34 South, Range 40 26 East a distance of 306.71 feet to a point; thence, North and parallel with the East right-of- 27 way line of U.S. Highway No.1 to a distance of 225.00 feet to a point; thence, West and 28 parallel with the South line of Section 6, Township 34 South, Range 40 East a distance of 29 306.71 feet to a point, said point being the point of Beginning. Said parcel contains 1.5 30 acres. 31 32 Parcel "9" 33 All that part of the South % of the SE X of the NE X of Section 6, Township 34 South, 34 Range 40 East, lying East of U. S. Highway No.1, and lying west of Old Dixie Highway. 35 36 LESS AND EXCEPT ALL OF THE FOLLOWING DESCRIBED PARCELS: 37 38 Parcel "9a" 3 9 Begin at the intersection of the West R/W line of Old Dixie Highway and the North line of 40 the S % of SE X of NE X of Section 6, Township 34 South, Range 40 East, lying in St. 41 Lucie County, Florida; thence run Westerly on said North line a distance of 208'; thence 42 run Southerly parallel to the West R/W line of Old Dixie Highway a distance of208'; thence December 20, 2005 Ordinance 05-043 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 38 39 40 41 42 run Easterly parallel to said North line a distance of 208'; thence run Northerly on the West R/W line of Old Dixie Highway 208' to the point of beginning. Parcel "9b" AND ALSO: At the intersection of the West R/W line of Old Dixie Highway and the North line of the S % of the SE X of the NE X of Section 6, Township 34 South, Range 40 East, lying in St. Lucie County, Florida, run Southerly along the said West R/W line of Old Dixie Highway a distance of 208' to the point of beginning; thence run Westerly on a line parallel to the said North line a distance of 208'; thence run Southerly on a line parallel to the said West R/W line of Old Dixie Highway a distance of 18'; thence run Easterly on a line parallel to the said North line a distance of 208'; thence run Northerly on the said West R/W line of Old Dixie Highway a distance of 18' to the point of beginning. Parcel "9c" BEGIN at the intersection of the West right-of-way line of Old Dixie Highway and the North line of the South % of the SE X of the NE X of Section 6, Township 34 South, Range 40 East, St. Lucie County, Florida; thence run Southerly along the West right-of-way said Old Dixie Highway a distance of 226.00 feet, to the POINT OF BEGINNING; thence continue Southerly along the said West right-of-way of Old Dixie Highway, a distance of 190.00 feet; thence run West, parallel to the said North line of the South % of the SE X of the Northeast X, a distance of 250.00 feet; thence run Northerly, parallel with the said West right-of-way of Old Dixie Highway, a distance of 190.00 feet; thence run East, parallel with the said North line of the South % of the SE X of the NE X, a distance of 250.00 feet, to the POINT OF BEGINNING. Approximately 46.141-Acres Location: Approximately 1/8 mile south of the St. Lucie County-Indian River County Line, East of US Highway NO.1. owned by Vero Vista Center, LLC, is hereby changed from COM (Commercial) to MXD - High Ridge (Mixed Use Development - High Ridge) with high intensity level and limitations as shown on Exhibit A, Future Land Use Map. B. FINDING OF CONSISTENCY This Board specifically determines that the adoption 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 December 20, 2005 Ordinance 05-043 Page 4 .' 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 Order is issued. C. CHANGES TO THE FUTURE LAND USE MAPS The St. Lucie County Growth Management Interim 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 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 Assistant Director shall send a certified copy of this Ordinance to the Department of Community Affairs, 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100. I. EFFECTIVE DATE December 20, 2005 Page 5 Ordinance 05-043 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 , .-' 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: Chairman Doug Coward Vice Chairman Chris Craft Commissioner Joe Smith Commissioner Paula A. Lewis Commissioner Frannie Hutchinson Yea Yea Yea Yea Yea PASSED AND DULY ADOPTED this 20th day of December 2005. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ;Qtæ ~ÇJ ATTEST: ~k ff~L DE UTY CLERK December 20, 2005 Page 6 ,..'" ?'i;' "(\. ,- .,. ;1- .f~'~::- (C- . , \; .... .... ;¡. ~ "> - , -r- ... ~ ,~ ~: ",-' '\. -'1 ... ., ./ " .:,. ,~/'.:;, Ordinance 05-043 . < EXHIBIT A HIGH RIDGE MIXED USE PROPOSED FUTURE LAND USE MAP COM Scale: 1'=5,00' ~ I 0' 250' 500' . North I 1000' SITE Figure 1-7b COCONlff PUD çy q:: §) <$ t¡J ~ §: ~ ~ COM COM --------,--- Not \ _ _ ~ Included COM RU Mixed Use Sub-Area Policies \ \ 1. Residential land use. ahall be limited to a maximum of 450 dwelling units and a minimum of 250 dwelling unit.. 2. The maximum 40% reaidentlal thre.hold aet forth In Section 07.03.03.A of the St. Lucie County Land Development Code will not be applicable to development on thl. site. 3. The maximum non......idential square footage permitted I. 200,000 square feet and the minimum I. 100,000 square feel 4. Re.ldentlal dwelling. units or spaces are permitted above lower level non-re.ldential use.. 5. De.lgnated tran.lt .top locatlona .hall be provided within the Village (MXD) Center. 6. A variety of hou.lng typea are encouraged with generally higher den.itlea located in proximity to the Village (MXD) Center. 7. Public open apace shall be provided with each neighborhood. 8. A recreational greenway trail .hall be e.tabll.hed along the eastern property line of the subject property. 9. Where physically possible, each neighborhood .hall be planned .0 that most hou.lng units are within walking distance of the Village (MXD) Center. 10. Any alte development plan .hall provide design .tandards that are consiatent with the North County Charretle. 11. Any site development plan propoaed .hall be required to addre.s thelakela's Mint plant species located within the site boundaries. Thl. may Include, but not be limited to, the dedication of a pre.ervatlon area onslte, relocating I.olated plants Into the preservation area, etc. as nece.sary to en.ure that the plant .pecles i. protected on.lte. 12. A con.ervation easement will be required for the preserve area at the time of .ite plan approval.