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HomeMy WebLinkAbout01-001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1~9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ORDINANCE 01-001 FILE NO.: PA-01-001 AN ORDINANCE CHANGING THE FUTURE LAND USE DESIGNATION OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN FOR CERTAIN PROPERTYIN 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, based testimony and evidence including, but not limited to the staff report, has made the determinations: William and Daura Hilson, presented a petition for a change in Future Land Use Designation from COM (Commercial) to RM (Residential Medium) for the property described in Part A below. On May 17, 2001, 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 hereafter described request for a change in Future Land Use Designation form COM (Commercial) to RM (Residential Medium) for the property described in Part A below. On June 19, 2001, this Board 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 property described in Part A below. The proposed change in land use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan as described in Part B. The proposed change in land use is consistent with the existing and proposed use of property in the surrounding area. File No.: pa-01-001 June 19, 2001 Page 1 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 47 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St County, Florida: A. CHANGEIN FUTURE LAND USE DESIGNATION The future land use designation set forth in the St. Lucie County Comprehensive Plan for the property described as follows: Section 18, Township 35 South, Range 40 East, South 1~ of the southeast ~ of the northeast ~A of southeast % - Less the west 112 feet of east 137 feet of south 135 feet (4.44 acres) Plus Section 18, Township 35 South, Range 40 East, West 112 feet of east 137 feet of south 135 feet of southeast ~A of northeast lA of the southeast ~ (0.35 acres) (OR Book 1017, Page 2527 (Tax ID. No. 2418-414-0002-000/4 and 2418-414-0003-000/1). (Location: West side of Hartman Road, approximately 1/4 mile north of the intersection of Hartman Road and Okeechobee Road, directly north of the Orange Blossom Mall) owned by William and Daura Hilson, is hereby changed from the COM (Commercial) to RM (Residential Medium). 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 Objective 1.1.8, Policy 1.1.8.6 and Policy 1.1.8.7 of the Future Land Use Element. CHANGES TO THE FUTURE LAND USE MAPS The St. Lucie County Community Development 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. 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. File NO.: pa~)1-001 June 19, 2001 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 SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect 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 effect its applicability to any other person, property, or circumstances. APPLICABILITY OF ORDINANCE This ordinance shall be applicable as stated in Paragraph A. FILING WITH THE DEPARTMENT OF STATE The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS The Community Development Director shall send a certified copy of this Ordinance to the Department of Community Affairs, 2555 S. Shumard Oak Blvd., Tallahassee, Florida, 32399-2100. EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after adoption, if the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10). ADOPTION After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson AYE Vice-Chairman Doug Coward AYE Commissioner Paula Lewis AYE Commissioner John Bruhn AYE Commissioner Cliff Barnes AYE File NO.: pa-01-O01 Ordinan~ ~1~ 115 June 19, 2001 ]e 3 oR~ ~UU~ 14u? ~"'~ ~ ?AGE 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 SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect 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 effect its applicability to any other person, proper[y, or circumstances. APPLICABILITY OF ORDINANCE This ordinance shall be applicable as stated in Paragraph A. FILING WITH THE DEPARTMENT OF STATE The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, TaIlahassee, Florida, 32304. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS The Community Development Director shall send a certified copy of this Ordinance to the Department of Community Affairs, 2555 S. Shumard Oak Blvd., Tallahassee. Florida, 32399-2100. EFFECTIVE DATE This Ordinance' shall take effect thirty-one (31) days after adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10). ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Frannie Hutchinson Vice-Chairman Doug Coward Commissioner Paula Lewis Commissioner John Bruhn Commissioner Cliff Barnes AYE AYE AYE AYE AYE 1 2 3 4 5 6 7 8 9 i0 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 4i 42 PASSED AND DULY ADOPTED This 19th day of June 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: Deputy APPROVED AS TO FORM AND :CORF County Att ~, , CS H:\Wp\Comp Plan\land-use-change~hilson\resorution.wpd June 19, 2001 Page,