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HomeMy WebLinkAbout22-019 ORDINANCE 2022-19 FILE NO.: FLUMA-8202025817 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 +/-1.22 ACRE PARCEL OF LAND OWNED BY DAWN MARTINEZ, FROM RU (RESIDENTIAL, URBAN-5DU/AC) TO IND (INDUSTRIAL); 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 Dawn Martinez, to amend the adopted Comprehensive Plan Future Land Use Map for a 1.22-acre parcel of land located on the west side of N. 25th Street, approximately 1,400 feet south of St. Lucie Boulevard in Fort Pierce, from RU (Residential, Urban-5du/ac) to IND (Industrial) 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 May 19, 2022, 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 July 5, 2022, 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 5. 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 Planning and Zoning Commission staff report dated June 21, 2022. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5079116 08,03/2022 11:41.34 AM OR BOOK 4868 PAGE 2089-2092 Doc Type ORDN RECORDING $35.50 Ordinance No. 2022-19 File No.: FLUMA-8202025817 Page 2 A. AMENDMENDMENT 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 1.22-acre parcel of land owned by Dawn Martinez, and located on the West side of N. 25th Street, approximately 1,400 feet south of St. Lucie Boulevard in Fort Pierce, from RU (Residential, Urban-5du/ac) to IND (Industrial), 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. 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 Ordinance No. 2022-19 File No.: FLUMA-8202025817 Page 3 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. I. 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 a motion and second, the vote on this Ordinance was as follows: Sean Mitchell, Chair AYE Frannie Hutchinson, Vice -Chair AYE Chris Dzadovsky, Commissioner AYE Linda Bartz, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED on this 5th day of July 2022 ATTEST BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chair APPROVFr� AS TO FORM AND CO IRRECTNESS^ !tk Y co /U Deputy Clerk 4►County � p Qj �oGNTy FLo�`OP' Exhibit "A" LEGAL DESCRIPTION: Ordinance No. 2022-XXX File No.: FLUMA-8202025817 Page 4 Lots 9 through 16, inclusive, Block 30, SAN LUCIE PLAZA, UNIT ONE, according to the Plat thereof, as recorded in Plat Book 5, Page 57, Public Records of St. Lucie County, Florida. Site Address: TBD — N. 25th Street, Ft. Pierce FL 34946 Parcel ID No.: 1428-702-0505-000-2 FUTURE LAND USE MAP ti Martinez Proposed RZ-8202025816 & FLUMA-8202025817 Future Land use a Q W O � Iry ROW•m � a I-..... O 2 N U y L u N w 3 In it D I J Q � t N --® Sub,., Parcel o zso soo Aso 1,000 IND, Industrial W* RU, Residential Urban, 5 du/ac Fee[ Map prepared SI122022 City of Fort Pierce S RON DESANTIS CORD BYRD Governor Secretary of State August 2, 2022 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Vera Smith Dear MichelleMiller: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electroniccopyof St. Lucie CountyOrdinanceNo.2022-19,which wasfiled in this office onAugust1, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Chymbee Keith From:Jodi Nentwick Sent:Tuesday, August 2, 2022 10:28 AM To:Chymbee Keith; Benjamin Balcer; Corey Barnes; Kori Benton; Kristopher McCrain; Lydia Galbraith; Tahir Curry Cc:Susan Bellamy Subject:RE: Transmittal and Ordinance 22-019 Yes, we will file with DEO Jodi Kugler | Senior Planner | Planning & Development Services Department Ph: 772-462-1580 | 2300 Virginia Ave. Fort Pierce 34982 facebook.com/stluciegov | twitter.com/stluciegov | instagram.com/stluciegov | youtube.com/stluciegov For more information about St. Lucie County’s response to COVID-19, or COVID-19 business assistance, please visit www.stlucieco.gov and www.youredc.com and click on the COVID-19 Update banners. Or leave me a message and I will do my best to direct you to the right resources. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. From: Chymbee Keith <keithc@stlucieco.org> Sent: Tuesday, August 2, 2022 10:18 AM To: Benjamin Balcer <BalcerB@stlucieco.org>; Corey Barnes <BarnesC@stlucieco.org>; Jodi Nentwick <NentwickJ@stlucieco.org>; Kori Benton <bentonk@stlucieco.org>; Kristopher McCrain <McCraink@stlucieco.org>; Lydia Galbraith <galbraithl@stlucieco.org>; Tahir Curry <CurryT@stlucieco.org> Cc: Susan Bellamy <BellamyS@stlucieco.org> Subject: Transmittal and Ordinance 22-019 Good morning, 1 Please see attached copy of the transmittal and Ordinance 22-019. I will send the Ordinance to the Clerk’s office for recording today. Once I receive the recorded Ordinance back, I will forward you a copy. Can you please confirm that you will be filing with FDEO (or appropriate entity such as Municode, if not FDEO)? Thank you and have a wonderful day. Best regards, __________________________________________________________________ Chymbee Keith | County Attorney’s Office Legal Assistant Ph: 772-462-1422 | 2300 Virginia Ave. Fort Pierce 34982 facebook.com/stluciegov | twitter.com/stluciegov | instagram.com/stluciegov | youtube.com/stluciegov Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 2