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Home My WebLink About18-0121 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ,iOSEPH E. SMITH, CLERIC OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4505344 11/29/2018 08:2717 AM OR BOOK 4207 PAGE 254 - 257 Doc Type: ORDN RECORDING: $35.50 ORDINANCE 18-012 , Ke-Recorde fir► venerS t�rlo�z FILE NO.: FLUMA-120185254 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR A 12.56 ACRE (M.O.L.) PARCEL OF LAND OWNED BY B-SMITH ENTERPRISES LP, FROM COM (COMMERCIAL) TO RH (RESIDENTIAL HIGH); 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 ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. 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: A petition of B-Smith Enterprises LP to amend the adopted Comprehensive Plan Future Land Use Map for a 12.56 acre (more or less) parcel of land owned by B-Smith Enterprises LP and located at the North East corner of US Highway 1 and Indrio Road, or generally located between 4800 & 4890 North US Highway 1, from COM (Commercial) to RH (Residential High — 15 du/acre) to within St. Lucie County, Florida, in accordance with Chapter 163, Florida Statutes; and 2. The Board of County Commissioners of S Lucie County having jurisdiction over this Statutes, is authorized and empowered t. Lucie County as the governing body of St. application pursuant to Chapter 163, Florida to consider amendments to the adopted Comprehensive Plan of St. Lucie County; and 3. On July 19, 2018, the St. Lucie County Planning and Zoning Commission/Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie News Tribune and notifying by mail all owners of property within 500 feet of the subject property, and recommended to the Board of County Commissioners that the petition for Future Land Use Map Amendment for River Vista aka B-Smith Enterprises LP Properties be approved, and 4. On August 7, 2018, the Board of County Commissioners of St. Lucie County, Florida held a transmittal hearing, of which due notice was placed in ;he St. Lucie News Tribune and authorization was granted to transmit the proposed Future Land Use Map Amendment to the State Department of Ecor.cmic Opportunity and surrounding jurisdictions; and 5. On, November 13, 2018, the Board of County Commissioners of St. Lucie County, Florida held the final publi ; hearing, of which due notice was placed in the St. Lucie News Tribune, and deemed adoption of the amendment to be in the best interests of the citizens and residents of the County; and Sc��elne�s E��or : �ctte of:7- Ado ion rdinance No. ►n He Oader � o 0 0 0 U ~ n U 6 CL8 U ap W (n op _ 0) LL. N Y co � � N J > N W OZoc�N S7Na� �0 U�vo W QI N (� 0W50 = J Lo w*k O oaL�W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 of a Ordinance No. 18-94-h File No.: FLUMA-120185254 Page 2 6. The proposed amendment to the Future Land Use Map is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan as outlined in the Board of County Commissioners staff report dated October 26, 2018. 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 12.56 acre (more or less) parcel of land owned by B-Smith Enterprises LP and located at the North East corner of US Highway 1 and Indrio Road, or generally located between 4800 & 4890 North US Highway 1, from COM (Commercial) to RH (Residential High — 15 du/acre), as depicted in the attached Exhibit. B. 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 goals, objectives and policies contained in the St. Lucie County Comprehensive Plan 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. C. CHANGE TO FUTURE LAND USE MAP The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause this change 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. 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 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. F. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable as stated in Paragraphs A, B and C. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 p1 d Ordinance No. 1844 File No.: FLUMA-120185254 Page 3 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. H. FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY The Planning and Development Services Director shall send a certified copy of this Ordinance to the Department of Economic Opportunity Bureau of Community Planning Caldwell Building 107 East Madison Street, MSC 160 Tallahassee, FL 32399. EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10), Florida Statutes. J. ADOPTION After motion and second, the vote on this Ordinance was as follows: Frannie Hutchinson, Chair AYE Linda Bartz, Vice -Chair AYE Chris Dzadovsky, Commissioner AYE Anthony Bonna, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 13th day of 2018. WiDverynb2r crag 7- c M to ATTEST cou'vTY, F10'��R� IDIOM BOARD OF COUNTY COMMISSIONERS ST. LUCIE COY, FLORIDA BY Chair " APPROVED AS TO FORM AND CORRECTNESS/-, County A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 012 Ordinance No. 18-&I-t File No.: FLUMA-120185254 Page 4 Exhibit "A" LEGAL DESCRIPTION & FUTURE LAND USE MAP A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The North 775 feet of the South 800 feet of that part of the Northeast 1/4 lying between the Old Dixie Highway and U.S .#1. Contains 12.56 acres more or less. Parcel ID No.: 1417-132-0003-000-0 River Vista RZ-120185255 / FLUMA-120185254 Proposed Future Land Use RS RE— — — — — —— CPUB !OM 1 ♦ ♦ GN ♦ �St,_ _. ♦ � � RH ♦ �t�� l r 1 INDRIO RD ♦ O MXD �G. P0 ZGN CPUB RU RU x v� sSVA I 9 DEL MO NTE ST4May ST 500k Buffer FLU codes: RH: Residential High (15 dul lac) o too Zoo aoo 600 eoo IN L _ t COM- Commercial RE: Residential Estate (1 du!1 ac) Feet `vv_j, Subject Parcel CPUB: Conservation Public RS: Residential Suburban (2 du!1 ac) r MXD. Mixed Use Development RU: Residential Urban (5 dull ac) Map Prepared. March 12, 2,18 S by."by."M Big V w galag , RICK SCOTT Governor November 27, 2018 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Brittany Jones Dear Mr. Smith: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 18-012 which was filed in this office on November 27, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us