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ORDINANCE NO. 09-006
FILE NO.: FLUMA-420081453 / TCP-420081454
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA, AMENDING THE ADOPTED
COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR A 38.05
ACRE (M.O.L.) PARCEL OF LAND FROM RS (RESIDENTIAL
SUBURBAN - 2 DWELLING UNITS PER ACRE) TO MXD (MIXED USE
DEVELOPMENT) SPECIFtC USE AREA; AND AMENDING POLICY
1.1.7.3 OF THE FUTURE LAND USE ELEMENT TO INCLUDE FIGURE
1-7M AND PROVIDING SUB-AREA POLICY LANGUAGE; PROVIDING
FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF
STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE;
AND PROVIDING FOR ADOPTION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Fiorida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
Terry L. Virta, AICP, Terry L. Virta and Associates, Inc., (also hereinafter referred to as
the "Applicant") has filed petition for an amendment to the adopted Comprehensive
Plan Future Land Use Element for a 38.05 acre (more or less) parcel of land, located
north of West Midway Road and west of Selvitz Road, from Residential Suburban (RS
- 2 dwelling units per acre), to Mixed Use (MXD) Specific Use Area with St. Lucie
County, Florida, in accordance with Chapter 163, Florida Statutes; and,
2. The Board of County Commissioners of St. Lucie County as the governing body of St.
Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida
Statutes, is authorized and empowered to consider amendments to the adopted
Comprehensive Plan of St. Lucie County; and,
3. On May 1, 2008, the St. Lucie County Development Review Committee ("DRC") met to
discuss outstanding issues and concerns regarding the petition for Future Land Use
Map Amendment; and,
4. On June 2, 2008, the Growth Management Department sent a letter to the Applicant
listing outstanding issues and concerns regarding the petition for Future Land Use Map
Amendment; and,
5. On August 21, 2008, the St. Lucie County Planning and Zoning Commission, the Local
Planning Agency, held a public hearing, of which due notice was published in the Ft.
Pierce Tribune, and recommended to the Board of County Commissioners that the
petition for Future Land Use Map Amendment for Cassens White City Grove be
approved and transmitted to the Department of Community Affairs; and,
6. On October 7, 2008, the Board of County Commissioners of St. Lucie County, Florida,
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 33413~2 95/q6!2009 ~t 08:50 AM
OR BOOK 3086 PAGE 1646 - 1651 Doc Type: ORD
RECORDING: $52.50
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held a public hearing for transmittal of the Comprehensive Plan Amendment to the
Department of Community Affairs, of which due notice was published in the Ft. Pierce
Tribune, on the petition for Future Land Use Map Amendment for Cassens White City
Grove, and heard and considered additional testimony on the proposed Future Land
Use Amendment for this property; and,
7. On October 7, 2008, the Board of County Commissioners of St. Lucie County, Florida,
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,
8. On January 5, 2009 the Board of County Commissioners of St. Lucie County, Florida
has received the Objections, Recommendations, and Comment (ORC) report from the
Department of Community Affairs and responded to objections therein; and,
9. On March 3, 2009 the Board of County Commissioners of St. Lucie County, Florida
held a public hearing, of which due notice was placed in the St. Lucie News Tribune,
and granted the request of the Growth Management Department to continue the
hearing on this matter to April 21, 2009; and,
10. On April 21, 2009 the Board of County Commissioners of St. Lucie County, Florida
held a public hearing, of which due notice was placed in the St. Lucie Tribune, and
deemed that the adoption of the amendment to the Comprehensive Plan is in the best
interests of the citizens and residents of the County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St.
Lucie County, Florida:
A. AMENDMENT TO FUTURE LAND USE DESIGNATION
The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan for
the property described in Exhibit "A," attached hereto, containing 38.05 acres more or less,
located on the northwest quadrant of West Midway Road and Selvitz Road, on north side of
Favorite Road, and owned by White City Grove, Inc., is hereby amended from RS (Residential
Suburban) to MXD (Mixed Use Development) Specific Use Area, as depicted in attached
Exhibit "B."
B. AMENDING POLICY 1.1.7.3 OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN
TO ADD FIGURE 1-7M.
Policy 1.1.7.3 of the St. Lucie County Future Land Use Element shall be amended as follows:
1. Figure 1-7m, MXD Specific Use Area is authorized to be added to the figures included
in Future Land Use Element Policy 1.1.7.3 as shown in Exhibit "B."
2. "Continue to support the Mixed Use activity areas as indicted in the following sub-area
Mixed Use activity area plans as depicted in Figures 1-7a thru 1-7~ m."
C. AUTHORIZING TEXT AMENDMENTS TO THE FUTURE LAND USE ELEMENT OF
THE ST. LUCIE COUNTY COMPREHENSIVE PLAN TO INCORPORATE SUB-AREA
POLICIES TO THE CASSENS MXD SPECIFIC USE AREA, FIGURE 1-7M.
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• The Specific Use Area within this medium intensity Mixed Use Activity Area
(see standards in Policy 1.1.7.4) is restricted in use to the equivalent of the IND
Land Use designation as described in the Future Land Use Element unless
otherwise amended through the Comprehensive Plan Amendment process.
The IND use shall be limited to a maximum FAR of 0.18752.
Development on this site shall be approved through the Planned Non-
Residential Development process, and shall include appropriate open space
and buffers adjacent to residential uses and environmental conditions. Access
to development shall be provided from the west via Favorite Road.
D. FINDING OF CONSISTENCY
The Board of County Commissioners of St. Lucie County, Florida, specifically determines that
the approval of this amendment to the adopted Comprehensive Plan Future Land Use
Element is internally consistent with the policies and objectives contained in the St. Lucie
County Comprehensive Plan and consistent with standards for review of plans and plan
amendments of Rule 9J-5, Florida Administrative Code, and provides 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 for development on this property is issued.
E. CHANGES TO 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 Map 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.
F. 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.
G. 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 provisions 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 circumstance.
H. APPLICABILITY OF ORDINANCE
This Ordinance shall be applicable as stated in Paragraphs A, B and C.
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.
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J. 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.
K. 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), or Section 125.66(4)(a), Florida Statutes, or upon the Administration
Commission issuing a final order finding the adopted amendment in compliance in accordance
with Section 163.3184(10).
L. ADOPTION
After motion and second, the vote on this Ordinance was as follows:
Chair Paula Lewis AYE
Vice Chair Charles Grande AYE
Commissioner Chris Dzadovsky AYE
Commissioner poug Coward AYE
Commissioner Chris Craft AYE
PASSED AND DULY ADOPTED this 21 St day April, 2009.
A'
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY ~
Chairman
APPROVED AS TO FORM
ANdiCORRECTNESS
uepury c;ierK
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LEGAL DESCRIPTION
LOTS 4 AND 5 IN THE NORTHEAST QUARTER (NE 1/4) OF MODEL LAND COMPANY'S
SUBDIVISION, OF SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS SHOWN BY
THE PLAT THEREOF ON FILE IN PLAT BOOK 4, PAGE 34 OF THE PUBLIC RECORDS OF
ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPTING TO CANAL AND ROAD RIGHT OF
WAY.
AND
LOTS 6 AND 7 IN THE NORTHEAST QUARTER (1/4) OF MODEL LAND COMPANY'S
SUBDIVISION OF SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, BEING THE SAME
PROPERTY DESCRIBED AS: THE WEST ONE HALF (W 1/2) OF THE EAST ONE-HALF (E
1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4);
AND THE EAST ONE-HALF (E 1/2) OF THE WEST ONE-HALF (W 1/2) OF THE
NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4); ALL IN
SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST.
ALL CONTAINING 38.05 ACRES MORE OR LESS.
~ ~ ~ ~~~. ~~ It
.:.... . . ..... .... .: .. . . .. .. .... .: . . . . .. .
. . . .. .. .... .: . .. . . . . .. . . . . ...
~~ Figure 1-7m N Rs
Cassens
Mixed Use Activity Area
Legend The Specific Use Area within this medium intensity Mixed Use Activity Area
~ Medium (see standards in Policy 1.1.7.4) is restricted in use to the equivalent of the
IND Land Use designation as described in the Future Land Use Element
~ Municipal limits unless otherwise amended through the Comprehensive Plan Amendment
process. The IND use shall be limited to a maximum FAR of 0.18752.
0 150 300 450 600
Development of this site shall be approved through the Planned Non-
Feet Residential Development process, and shall include appropriate open
~' Thismapwascompiledfrominfortnationdrawn space and buffers adjacent to residential uses and environmental
:~ from numerous sources and is provitletl for
~ referenceantlinformationalpurposesonly. No conditions. Access to development shall be provided from the west via
warranties, express or implietl, are provided for
: the accuracy ofthe tlata herein, its use, or ks Favorite Road.
. interpretation.
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