HomeMy WebLinkAbout04-0301
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ORDINANCE NO. 04-030
File Number PA-03-007
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 Cotinty Commissioners of St. Lucie County, Florida, has made the
following determinations:
BJK, Inc., a Florida Corporation presented a petition for a change in Future
Land Use Designation from RS (Residential, Suburban - 2du/ac) to RU
(Residential, Urban - 5du/ac);
On February 19, 2004 the St. Lucie County Local Planning Agency held a
public hearing on the petition, after publishing notice at least 15 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 Classification
from RS (Residential, Suburban - 2du/ac) to RU (Residential, Urban -
5du/ac) for the property described in Part A below;
o
On April 6, 2004, this Board held a public hearing on the petition, after
publishing notice at least 15 days prior to the hearing and notifying by mail
the owners of property within 500 feet of the subject property.
On April 6, 2004 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
On October 18, 2004 this Board held a public hearing on the petition, 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.
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NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St.
Lucie County, Florida:
Ae
CHANGE IN FUTURE LAND USE DESIGNATION
The future land use designation set forth in the St. Lucie County Comprehensive Plan for the
property described as follows:
BEING A TRACT OF LAND LYING IN SECTION 27, TOWNSHIP 35 SOUTH, RANGE
39 EAST, ST. LUCIE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE
OF OKEECHOBEE ROAD (STATE ROAD 70), AND THE WEST LINE OF THE EAST
475.50 FEET OF THE EAST 1/2 (ONE HALF) OF THE NORTHWEST 1/4 (ONE
QUARTER) OF SAID SECTION 26; THENCE S 00°38'12'' E, ALONG LASTLY SAID
LINE, A DISTANCE OF 1,015.06 FEET; THENCE N 76055'35'' W A DISTANCE OF
192.11 FEET; THENCE N 84°03'21" W A DISTANCE OF 115.71 FEET; THENCE S
88°22'46" W A DISTANCE OF 127.13 FEET; THENCE S 77036'36'' W A DISTANCE OF
i 11.69 FEET; THENCE S 65057'54" W A DISTANCE OF 255.96 FEET; THENCE S
57001'29'' W A DISTANCE OF 269.40 FEET; THENCE S 87°11'51" W A DISTANCE OF
420.31 FEET; THENCE S 88039'50'' W A DISTANCE OF 506.80 FEET; THENCE N
00°38'12" W A DISTANCE OF 1,196.48 FEET TO THE INTERSECTION WITH A NON
TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 2,730.79
FEET, THE CHORD OF WHICH BEARS N 85030'32'' E, AND BEING THE AFORESAID
SOUTH IGHT-OF-WAY LINE OKEECHOBEE ROAD (STATE ROAD 70); THENCE
EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 438.97 FEET
THROUGH A CENTRAL ANGLE OF 09°12'37 "; THENCE S 89053'10"E A DISTANCE
OF 1,067.56 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH
HAVING A RADIUS OF 2,044.08 FEET; THENCE EASTERLY ALONG THE ARC OF
SAID CURVE A DISTANCE OF 349.33 FEET THROUGH A CENTRAL ANGLE OF
09047'30"; THENCE N 80°19'20'' E A DISTANCE OF 75.32 FEET TO THE POINT OF
BEGINNING.
CONTAINING 48.72 ACRES, MORE OR LESS.
owned by BJK, Inc. is hereby changed from RS (Residential, Suburban - 2du/ac) to RU
(Residential, Urban - 5du/ac).
Bo
FINDING OF CONSISTENCY
October 18, 2004
Ordinance 04-030
File No: PA-04-O07
Fr-1
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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 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.
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.
Fe
APPLICABILITY OF ORDINANCE
This ordinance shall be applicable as stated in Paragraph A.
Ge
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.
Octobor 18, 2004 Ordinance 04-030
File No: PA-04-O07
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H_..~. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS
The Growth Management Interim 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
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 Paula A. Lewis
Vice Chairman John D. Bruhn
Commissioner Cliff Barnes
Commissioner Doug Coward
Commissioner Frannie Hutchinson
Yea
Yea
Yea
Yea
Yea
PASSED AND DULY ADOPTED this 18th day of October, 2004.
October 18, 2004
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Chairm~n' 'J~ '~ i:::'~ < :~ ::"' :: ?' .
ordinanc~.~8-'
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ATTEST:
DEPUT~fLERK
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October 18, 2004
APPR,~VED AS TO FORM AND
CORRECTNESS:
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COUNTY ATTOTY?..
Ordinance 04-030
File No: PA-04-O07
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