HomeMy WebLinkAbout04-036
ORDINANCE NO. 04-036
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.
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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, has made the following
determinations:
1. Lennar Homes. presented a petition for a change in Future Land Use Designation
from RM (Residential Medium) to COM (Commercial) for the property described
in Part A below.
2. On October 21, 2004, the St. 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 RM (Residential
Medium) to COM (Commercial) for 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 of the 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.
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 "E-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 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 1678.25
FEET; THENCE SOUTH 00°05'49" WEST, A DISTANCE OF 662.61 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUE SOUTH 00°05'49" WEST, A DISTANCE OF 386.49
FEET; THENCE SOUTH 89°42'05" WEST, A DISTANCE OF 505.30 FEET; THENCE NORTH
00°11 '49" EAST, A DISTANCE OF 386.58 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
504.63 FEET TO THE AFOREMENTIONED POINT OF BEGINNING.
CONTAINING 4.48 ACRES, MORE OR LESS.
is hereby changed from RM (Residential Medium to COM (Commercial).
LEGAL DESCRIPTION (PARCEL "E-3")
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 1006.95
FEET; THENCE SOUTH 00°02'10" EAST ALONG THE EAST LINE OF THE WEST HALF
(W 1/2) OF THE WEST HALF (W 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE
SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7, A DISTANCE OF 662.72 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°02'10" EAST ALONG SAID
LINE, A DISTANCE OF 386.36 FEET; THENCE SOUTH 89°42'05" WEST, A DISTANCE OF
336.86 FEET; THENCE NORTH 00°01 '50" EAST ALONG THE WEST LINE OF THE WEST
HALF (W 1/2) OF THE WEST HALF (W 1/2) OF THE NORTH EAST QUARTER (NE 1/4) OF
THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7, A DISTANCE OF 386.42
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 St. Lucie
County Comprehensive Plan.
C. CHANGES TO THE FUTURE LAND USE MAPS
The St. 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 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 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
PASSED AND DULY ADOPTED this 15th day of November, 2004.
ATTEST:
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