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Home My WebLink About21-042ORDINANCE 21-42 FILE NO.: FLUMA-7202126098 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR +/-1.75 ACRES OF A 4.95-ACRE PARCEL OF LAND OWNED BY FCH PROPERTIES LLC, FROM T/U (TRANSPORTATION/UTILITIES TO COM (COMMERCIAL); PROVIDING FOR 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: 1. A Petition submitted by McCarty & Associates on behalf of Travelcamp, LLC, to amend the adopted Comprehensive Plan Future Land Use Map for a 1.75-acre portion of the subject parcel located on the east side of South US Highway 1, approximately 380 feet south of Easy Street and the Indian River Estates residential subdivision in Fort Pierce, from T/U (Transportation/Utilities) to COM (Commercial) within St. Lucie County, Florida, in accordance with Chapter 163, Florida Statutes. 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 September 16, 2021, 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 forwarded a recommendation of approval to the Board of County Commissioners for the petition for an Amendment to the Comprehensive Plan Future Land Use Map; and 4. On October 5, 2021, the Board of County Commissioners of St. Lucie County, Florida held a transmittal hearing, of which due notice was placed in the St. Lucie News Tribune and authorization was granted to transmit the proposed Future Land Use Map Amendment to the State Department of Economic Opportunity and surrounding jurisdictions; and 5. On December 7, 2021, the Board of County Commissioners of St. Lucie County, Florida held the final public 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 MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4971042 12/27/2021 10:58:53 AM OR BOOK 4744 PAGE 1726 - 1730 Doc Type: ORDN RECORDING: $44.00 Ordinance No. 2021-42 File No.: FLUMA-7202126098 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 Commission staff report dated November 24, 2021. 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 4.95-acre parcel of land owned by FCH Properties LLC, and located on the east side of US Highway 1, approximately 380 feet south of Easy Street and the Indian River Estates residential subdivision in Fort Pierce, from T/U (Transportation/Utilities) to COM (Commercial), 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 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. Ordinance No. 2021-42 File No.: FLUMA-7202126098 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: Sean Mitchell, Chair AYE Frannie Hutchinson, Vice -Chair AYE Cathy Townsend, Commissioner AYE Linda Bartz, Commissioner ABSENT Chris Dzadovsky, Commissioner AYE PASSED AND DULY ADOPTED on this 7th day of December, 2021. ATTEST Deputy Clerk co m �c c4j� r '� �GN)'Y, F1J�R��P BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY / Chair Exhibit "A" LEGAL DESCRIPTION: Ordinance No. 2021-42 File No.: FLUMA-7202126098 Page 4 THAT PART OF LOT 7, BLOCK 1, THE MODEL LAND COMPANY SUBDIVISION OF SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, AT PAGE 41, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 15; THENCE SOUTH 00°17'27" EAST, ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 15 A DISTANCE OF 659.54 FEET TO A POINT; THENCE NORTH 89044'01" EAST, DEPARTING SAID WEST LINE OF THE NORTHEAST 1/4 OF SECTION 15, A DISTANCE OF 78.00 FEET TO A POINT, SAID POINT BEING THE INTERSECTION OF THE EAST RIGHT OF WAY OF U.S. HIGHWAY NUMBER ONE AND THE SOUTH LINE OF LOT 7, BLOCK 1, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 89048'12" EAST, DEPARTING SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NUMBER ONE AND ALONG THE SOUTH LINE OF LOT 7, BLOCK 1, A DISTANCE OF 561.56 FEET TO A POINT ON THE WEST RIGHT OF WAY OF THE NORTH SAINT LUCIE RIVER WATER CONTROL DISTRICT NEW CANAL NUMBER 17; THENCE NORTH 00°14'39" WEST, DEPARTING SAID SOUTH LINE OF LOT 7, BLOCK 1 AND ALONG THE WEST RIGHT OF WAY OF THE NORTH SAINT LUCIE RIVER WATER CONTROL DISTRICT NEW CANAL NUMBER 17, A DISTANCE OF 613.98 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF THE NORTH SAINT LUCIE RIVER WATER CONTROL DISTRICT CANAL NUMBER 23; THENCE SOUTH 89045'21" WEST, DEPARTING SAID WEST RIGHT OF WAY LINE OF THE NORTH SAINT LUCIE RIVER WATER CONTROL DISTRICT NEW CANAL NUMBER 17 AND ALONG THE SOUTH LINE OF THE NORTH SAINT LUCIE WATER CONTROL DISTRICT CANAL NUMBER 23, A DISTANCE OF 562.06 FEET TO A POINT ON THE EAST RIGHT OF WAY OF U.S. HIGHWAY NUMBER ONE; THENCE SOUTH 00°17'27" EAST, DEPARTING SAID SOUTH RIGHT OF WAY LINE OF THE NORTH SAINT LUCIE RIVER WATER CONTROL DISTRICT AND ALONG THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NUMBER ONE, A DISTANCE OF 613.51 FEET TO THE POINT OF BEGINNING. AND ALSO: ALL RIGHT OF ACCESS, EGRESS, INGRESS, LIGHT, AIR, AND VIEW BETWEEN LOT 7, BLOCK 1, THE MODEL LAND COMPANY SUBDIVISION OF SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 41, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND THE U.S. HIGHWAY NUMBER ONE, ALONG THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 15; THENCE SOUTH 00°17'27" EAST, 557.88 FEET ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 15; THENCE NORTH 89044'01" EAST, 78.00 FEET TO THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. ONE; THENCE NORTH 00017'27" WEST ALONG THE EAST RIGHT OF WAY LINE FOR U.S. HIGHWAY Ordinance No. 2021-42 File No.: FLUMA-7202126098 Page 5 NUMBER ONE, 328.95 FEET TO THE POINT OF BEGINNING OF THE DESCRIBED LIMITED ACCESS RIGHT OF WAY LINE; THENCE NORTH 00°17'27" WEST ALONG THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NUMBER ONE, 82.50 FEET TO THE END OF THE DESCRIBED LIMITED ACCESS RIGHT OF WAY LINE. LESS AND EXCEPT THE SOUTH 216.10 FEET FROM THE ABOVE DESCRIBED PARCEL. LESS AND EXCEPT THE WEST 20.00 FEET OF THE SOUTH 140.92 FEET OF THE REMAINDER OF THE ABOVE DESCRIBED PARCEL, AS MEASURED FROM THE EXISTING EAST RIGHT OF WAY LINE OF THE STATE ROAD FIVE (U.S. HIGHWAY NUMBER ONE), AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION NUMBER 94010-2500, SHEET 9 OF 31, DATED 07-07- 09. LESS AND EXCEPT THE WEST 19.00 FEET OF THE NORTH 256.51 FEET OF THE REMAINDER OF THE ABOVE DESCRIBED PARCEL, AS MEASURED FROM THE EXISTING EAST RIGHT-OF-WAY LINE OF THE STATE ROAD FIVE (U.S. HIGHWAY NUMBER ONE), AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION NUMBER 94010-2500, SHEET 9 OF 31, DATED 07-07- 09. Site Address: TBD — South US Highway 1, Ft. Pierce FL 34946 Parcel ID No.: 3415-501-0009-000-4 FUTURE LAND USE MAP 'L:LUAM: Travelcamp FLUMA-7202126098 Future Land Use Av aanana Ln Ale: snarl Cir Ensy St x N � H i Q s N Dennison Dr aurons'Ln Po rryR011: "n ILLE] ® Subject Parcel COM, Commercial `, CPUB, Conservation Public RU, Residential Urban, 5 dufac N 0 250 500 750 1,000 RM, Residential Medium, 9 dulac Feet T/U,Transportation/Utilities Map prepared on August31.2021 it" iY J`r y f' 1 -- t �•�4.qt \fi. FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State December 17, 2021 Ms. Michelle R. Miller ,_.�,�, Clerk&Comptroller lQ E C RIVE ID St. Lucie County 2300 Virginia Avenue DEC 20 2021 Fort Pierce, Florida 34982 COUNTYATTORNEY Attn: Vera Smith Dear Ms. Miller: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 21-42, which was filed in this office on December 17, 2021. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270