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ORDINANCE NO. 04-035
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 County Commissioners ofS1. Lucie County, Florida, based on the
testimony and evidence including, but not limited to the staff report, has made the following
determinations:
1. Gary SmigieL Smigiel Partners IX. Ltd. 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.
2. On October 21, 2004, the S1. 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 from COM (Commercial) to RM
(Residential) for the property within 500 feet of the property described in Part A
below.
3. On November 15, 2004, 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.
4. The proposed change in land use is consistent with the goals, objectives, and policies
ofthe St. Lucie County Comprehensive Plan as described in Part B.
5. The proposed change in land use is consistent with the existing and proposed use of
property in the surrounding area.
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EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FilE # 2639646 06/06/2005 at 04:24 PM
OR BOOK 2263 PAGE 2197 - 2201 Doc Type' ORDN
RECORDING: $44,00 '
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St.
Lucie County, Florida:
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:
LEGAL DESCRIPTION (PARCEL "A-2")
A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHWEST QUARTER (SW 1/4) OF
SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST
QUARTER (SW 1/4) OF SAID SECTION 7; THENCE NORTH 89 "42'05" EAST ALONG THE
NORTH LINE OF THE SOUTHWEST QUARTER(SW 1/4) OF SAID SECTION 7, A DISTANCE
OF 1998.58 FEET; THENCE SOUTH 00" 15' 12" WEST ALONG THE WEST LINE OF THE EAST
HALF(E 1/2) OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER(SW 1/4) OF SAID
SECTION 7, A DISTANCE OF 406.65 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE SOUTH 00"15'12" WEST ALONG SAID LINE, A DISTANCE OF 255.50 FEET;
THENCE NORTH 89"43'35" EAST, A DISTANCE OF 610.47 FEET; THENCE NORTH 0017'48"
EAST ALONG THE WEST RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER
CONTROL DISTRICT CANAL NO. 29, A DISTANCE OF 255.50 FEET; THENCE SOUTH
89"43'35" WEST, A DISTANCE OF 610.47 FEET TO THE AFORE-MENTIONED POINT OF
BEGINNING.
CONTAINING 3.58 ACRES, MORE OR LESS.
is hereby changed from COM (Commercial) to RM (Residential Medium).
LEGAL DESCRIPTION - (PARCEL "B-2")
A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST QUARTER (SE 1/4) OF
SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4)
OF SAID SECTION 7; THENCE SOUTH 89"42'05" WEST ALONG THE NORTH LINE OF THE
SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7, A DISTANCE OF 2634.20 FEET;
THENCE SOUTH 00" 17'48" WEST ALONG A PORTION OF THE EASTRIGHT-OF-W A YLlNE
OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 29, A DISTANCE
OF 405.91 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00 "17'48"
WEST ALONG SAID LINE, A DISTANCE OF 256.55 FEET; THENCE NORTH 89" 42' 43" EAST,
A DISTANCE OF 285.42 FEET; THENCE NORTH 00 "13'49" EAST, A DISTANCE OF 256.55
FEET; THENCE SOUTH 89"42'43" WEST, A DISTANCE OF 285.12 FEET TO THE
AFOREMENTIONED POINT OF BEGINNING.
CONTAINING 1.68 ACRES, MORE OR LESS.
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is hereby changed from COM (Commercial) to RM (Residential Medium).
LEGAL DESCRIPTION - (PARCEL "E-l ")
A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST QUARTER (SE 1/4) OF
SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, SAID
PARCEL BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4)
OF SAID SECTION 7; THENCE SOUTH 89"42'05" WEST ALONG THE NORTH LINE OF THE
SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7, A DISTANCE OF 1342.60 FEET;
THENCE SOUTH 00"01 '50" WEST, A DISTANCE OF 662.67 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE SOUTH 00"01 '50" WEST, A DISTANCE OF 386.42 FEET;
THENCE SOUTH 89"42'05" WEST, ADIST ANCE OF 336.87 FEET; THENCE NORTH 00"05' 49"
EAST, A DISTANCE OF 386.49 FEET; THENCE NORTH 89" 42' 43" EAST ALONG THE SOUTH
LINE OF THE NORTH HALF (N 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE
SOUTHEAST QUARTER(SE 1/4) OF SAID SECTION 7, A DISTANCE OF 336.42 FEET TO THE
AFOREMENTIONED POINT OF BEGINNING.
CONTAINING 2.99 ACRES, MORE OR LESS.
is hereby changed from RM (Residential Medium)to COM (Commercial).
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 S1. Lucie County
Comprehensive Plan.
C. CHANGES TO THE FUTURE LAND USE MAPS
The S1. 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 S1. 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,
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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.
F. APPLICABILITY OF ORDINANCE
This ordinance shall be applicable as stated in Paragraph A.
G. 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.
H. 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.
I. EFFECTIVE DATE
This Ordinance shall take effect in accordance with Section 163.3187, Florida Statutes
(2003).
J. ADOPTION
After motion and second, the vote on this ordinance was as follows:
Chairman Paula A. Lewis Aye
Vice-Chairman Doug Coward Aye
Commissioner Frannie Hutchinson Aye
Commissioner John Bruhn Aye
Commissioner Cliff Barnes Aye
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PASSED AND DULY ADOPTED this 15th day of November, 2004. .},'if..
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