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HomeMy WebLinkAbout03-027 1 ORDINANCE No. 03-027 2 File Number PA-03-001 3 4 AN ORDINANCE CHANGING THE FUTURE LAND USE DESIGNATION OF THE ST. 5 LUCIE COUNTY COMPREHENSIVE PLAN FOR CERTAIN PROPERTY IN ST. LUCIE 6 COUNTY, FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY; AUTHORIZING 7 AMENDMENTS TO THE FUTURE LAND USE MAPS OF THE COMPREHENSIVE PLAN; 8 PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; 9 PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA 10 DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE DEPARTMENT OF 11 COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING 12 FOR ADOPTION. 13 14 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, 15 has made the following determinations: 16 17 1. JIT Investment Company, LLC presented a petition for a change in Future 18 Land Use Designation from COM (Commercial) to IND (Industrial) for the 19 property depicted on the attached maps as Exhibit "An and described 20 below. 21 22 2. On June 19, 2003 the St. Lucie County Local Planning Agency held a 23 public hearing on the petition, after publishing notice at least 15 days prior 24 to the hearing and notifying by mail all owners of property within 500 feet 25 of the subject property, and has recommended that this Board approve 26 the hereinafter described request for a change in Future Land Use 27 Designation from COM (Commercial) to IND (Industrial) for the property 28 described in Part A below; 29 30 3. On September 2, 2003, this Board held a public hearing on the petition, 31 after publishing notice at least 10 days prior to the hearing and notifying 32 by mail the owners of property within 500 feet of the subject property. 33 34 4. On September 2, 2003 this Board authorized the transmittal of this 35 petition to the Florida Department of Community Affairs for further agency 36 review in accordance with the provisions of Chapter 163, Florida Statutes; 37 and 38 39 5. On December 16, 2003 this Board held a public hearing on the petition, 40 after publishing a notice of such hearing in the Fort Pierce Tribune and 41 the Port St. Lucie News on December 6, 2003 and notifying by mail all 42 owners of property within 500 feet of the subject property. 43 44 45 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of 46 St. Lucie County, Florida: JOANNE HOLMAN, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 251857512/13/2004 at 02:47 PM OR BOOK 2114 PAGE 1706 -1709 Doc Type: ORDN RECORDING: $35.50 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 42 A. CHANGE IN FUTURE LAND USE DESIGNATION The change in Future Land Use Designation for the property described as follows: LOTS 4,5,6,7, AND 8, LESS THE WEST 70 FEET OF LOT 8 MARTIN'S SUBDIVISION OF THE N 1/2 OF THE NW 1/4 OF SECTION 1, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 46 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THAT PART OF LOTS 6, 7, AND 8, CONVEYED IN DEED RECORDED IN O.R. BOOK 270, PAGE 1251, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: A PORTION OF LAND LYING IN LOTS 8 AND 7 OF SAID MARTIN'S SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NW CORNER OF SAID SECTION 1, TOWNSHIP 35 SOUTH, RANGE 30 EAST; THENCE S O'28"42°E 213.96 FEET ALONG THE WEST LINE OF SAID SECTION 1; THENCE N 89'31"18°E 70.00 FEET TO THE POINT OF BEGINNING; THENCE S O'28"42°E 358.42 FEET ALONG A LINE 70.00 FEET EASTERLY OF, AND PARALELL WITH, THE WEST LINE OF SAID SECTION 1; THEN N 89'31"18°E 350.00 FEET; THENCE N 00'28"42°W 425.05 FEET TO THE SOUTH LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 270, PAGE 1251, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE S 83'38"29°W 323.91 FEET ALONG SAID SOUTH LINE; THENCE S 39'17"40oW 43.46 FEET TO THE POINT OF BEGINNING. (Location: SE Intersection of SR 713 and Angle Road) owned by Walter J. and Gloria L. Scott, is hereby changed from COM (Commercial) to INO (Industrial) as shown on Exhibit A, Future Land Use Map. 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 December 16, 2003 Ordinance 03-027 Page 2 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 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 Interim Director shall send a certified copy of this Ordinance December 16, 2003 Ordinance 03-027 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 to the Department of Community Affairs, 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100. I. 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: Chairman Cliff Barnes Yea Vice Chairman Paula Lewis Absent Commissioner John D. Bruhn Yea Commissioner Doug Coward Yea Commissioner Frannie Hutchinson Yea ;~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA PASSED AND DULY ADOPTED this 16th day of December, 2003. l /', L Þf Byl/~ .. ,. H;; Chairman t7 ATTEST: EPUTY CLERK December 16, 2003 Page 4