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ORDINANCE 04-029
FILE NO.: PA-03-003
AN ORDINANCE CHANGING THE FUTURE LAND USE DESIGNATION
OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN FOR CERTAIN
PROPERTY IN ST. LUClE 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 on
the testimony and evidence, including, but not limited to the staff report and the Florida
Department of Communities Affairs Objections, Comments and Recommendations
Report, has made the following determinations:
Becker Holdinq Corporation, presented a petition for a change in future land use
designation from RS (Residential, Suburban) to RU (Residential, Urban) for the
property depicted on the attached maps as Exhibit "A" and described below.
On June 19, 2003, the 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 the Board of County Commissioners denya change in future
land use designation from RS (Residential, Suburban) to RU (Residential,
Urban).
On September 2, 2003, 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 subject property, and found the petition
partially consistent with the St. Lucie County Comprehensive Plan.
File No.: PA-03-003
October 13, 2004
Ordinance 04-029
Page 1
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NOW,
Lucie
On September 2, 2003 this Board authorized the transmittal of a future land use
change of RS (Residential, Suburban) to R/C (Residential, Conservation) for lands
inside the 100-year floodplain and from RS (Residential, Suburban) to RU
(Residential, Urban) for lands outside the 100-year floodplain, for the petition
property to the Florida Department of Community Affairs for further agency review
in accordance with the provisions of Chapter 163, Florida Statutes; and
On December 16, 2003, at the request of the applicant, this Board continued the
public hearing to consider adoption of the amendment until June 15, 2004.
On June 15, 2004, at the request of the applicant, this Board continued the
public hearing to consider adoption of the amendment until September 7, 2004,
which was cancel because of Hurricane Frances.
On October 18, 2004, this Board held a public hearing on the change in future
land use designation, after publishing a notice of such hearing in the Fort Pierce
Tribune and the Port St. Lucie News on October 8, 2004 and notifying by mail all
owners of property within 500 feet of the subject property.
The proposed change in future land use designation is consistent with the goals,
objectives, and policies of the St. Lucie County Comprehensive Plan.
The proposed change in future land use is consistent with the existing and
proposed use of property in the surrounding area.
THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
County, Florida:
CHANGE IN FUTURE LAND USE CLASSIFICATION
The future land use designation set forth in the St. Lucie County
Comprehensive Plan for the property described as follows:
SECTION 30, TOWNSHIP 35, RANGE 40, THAT PART OF THE SOUTHER
1/2 OF THE NE 1/4, LYING SOUTHERLY OF CANAL 71 (TEN MILE CREEK)
AND WESTERLY OF SELVITZ ROAD AND THE NORTHERN 1/2 OF THE
SOUTHEAST 1/4, LYING WESTERLY OF SELVITS AND RALLS ROADS
AND SOUTHERLY OF CANAL 71 (TEN MILE CREEK) AND THE NORTHERN
50 FEET OF THE NORTHERN 1/2 OF THE SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 (72.62 AC), (OR BOOK AND PAGE NUMBER 495-2541).
File No.: PA-03-003
October 13, 2004
Ordinance 04-029
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owned by Becker Holding Corporation, is hereby changed from RS
(Residential, Suburban) to RU (Residential, Urban) and R/C (Resource,
Conservation), as depicted on Exhibit "A", Future Land Use Map.
(Location: Selvitz Road and Rails Road)
Bm
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.
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.
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.
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.
APPLICABILITY OF ORDINANCE
This ordinance shall be applicable as stated in Paragraph A.
File No.: PA-03-003
October 13, 2004
Ordinance 04-029
Page 3
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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 Director shall send a certified copy of this Ordinance to the
Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee,
Florida, 32399-2100.
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 ordinance was as follows:
Chairman Paula A. Lewis
Yea
Vice-Chairman John D. Bruhn
Yea
Commissioner Cliff Barnes
Yea
Commissioner Frannie Hutchinson
Yea
Commissioner Doug Coward
Yea
PASSED AND DULY ADOPTED This 18th Day of October 2004.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
File No.: PA-03-003
October 13, 2004
Ordinance 04-029
Page 4
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BY
ATTEST:'
b/e~uty Clerk' ' ~
dw
File No.: PA-03-003
October 13, 2004
APPP~VED AS TO FORM
AND C(~RRECTNES.S~,,h
~Sounty A.~... ne~
Ordinance 04-029
Page 5
~IBIT A
;cker Holding Corporation - BOCC Approved Change in Future Land Use Classification
from RS (Residential, Suburban) to RU (Residential Urban) and R,C (Residential/Conservation)
RU P/F I
P/F P/F-.' - '. RU
RU
RU
RS RU
IND
I D
PA 03-003
This pattern indicates subject parcel
IND
Map prepared September 18, 2003