HomeMy WebLinkAbout04-0311
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ORDINANCE No. 04-031
File Number PA-03-006
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,
has made the following determinations:
Lucie Rock, LLC presented a petition for a change in Future Land Use
Designation from RS (Residential, Suburban - 2du/ac) to MXD-Orange
Avenue (Mixed Use Development-Orange Avenue/l-95 Activity Area -
Medium and High Intensity).
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 Designation
from RS (Residential, Suburban - 2du/ac) to MXD-Orange Avenue (Mixed
Use Development-Orange Avenue/l-95 Activity Area) for the property
described in Part A below;
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.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners
of St. Lucie County, Florida:
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A. 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:
The South One-half of the Southwest one-quarter of Section 2, Township 35
South, Range 39 East, St. Lucie County, Florida, Less and except all
rights-of-way of record.
Together With
That part of the Northeast one-quarter of the Southwest one-quarter of Section
2, Township 35 South, Range 39 East, lying Southwesterly or 1-95 less and
except the East 93 feet and the South 60 feet for Road and Canal right-of-way.
All lying and being in St. Lucie County, Florida.
Together With
From the Southeast corner of the Northwest one-quarter of the Southwest
one-quarter of Section 2, Township 35 South, Range 39 East, St. Lucie County,
Florida, run North 00°08'13'' West along the one-quarter section line 60 feet to
the Point of Beginning, thence continue North 00°08'13" West 846.63 feet to the
Southerly Right-Of-Way line for Interstate 95 Highway; thence run North
60008'02'' West along said right-of-way line 107.58 feet; thence run North
62025'28'' West 300.24 feet; thence run North 60008'02" West 182.77 feet;
thence run South 00°11'29" West 346.62 feet; thence run South 60008'02'' East
354.41 feet; thence run south 00°08'13" East, 607.48 feet; thence run North
89053'47'' East, 210 feet to the Point of Beginning.
Location: Northwest corner of the intersection of Rock Road and Canal No. 44.
owned by Lucie Rock, LLC, is hereby changed from RS (Residential, Suburban -
2du/ac) to MXD-Orange Avenue (Mixed Use Development-Orange Avenue/l-95 Activity
Area) with intensity levels and limitations 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
October 18, 2004 Ordinance 04-031
Page 2
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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.
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 pads 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.
October 18, 2004
Page 3
Ordinance 04-031
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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.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
' - - Ch~ir~ar~
October 18, 2004
Ordinance 04-031
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ATTEST:
October 18, 2004
Page 5
APPROVED AS TO FORM AND
CORRLr~CTNESS:
Ordinance 04-031
Exhibit A
Lucie Rock, LLC change in Future Land Use Designation from RS (Residential,
Suburban) to MXD (Mixed Use-Orange Avenue/I-95 Activity Area)
I~11 F'/~ ~ I
*Note: Future development shall be limited to the
PA 03-006 ~o,owino
This pattern indicates The height of all building and structures shall be no .~ ,~d 0~o~r12,2~
subject parcel more than 60 feet. ~%~ ..... N