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Home My WebLink About22-025ORDINANCE 2022-25 FILE NO.: FLUMA-11202126232 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR +/-18.73 ACRES OF LAND OWNED BY EQUIBEBE LLC AND NELMART ASSOCIATES LTD, FROM RM (RESIDENTIAL, MEDIUM), RU (RESIDENTIAL, URBAN), AND COM (COMMERCIAL) TO MXD (MIXED -USE DEVELOPMENT); 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: A Petition submitted by Cotleur and Hearing on behalf of Eguibebe LLC and Nelmart Associates LTD, to amend the adopted Comprehensive Plan Future Land Use Map for an 18.73-acre parcel of land located at 6209 S. US Highway 1 in Fort Pierce, Florida, from RM (Residential, Medium — 9du/ac), RU (Residential, Urban — 5du/ac), and COM (Commercial) MXD (Mixed -Use Development) 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 July 21, 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 August 9, 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 Board of County Commissioners staff report dated, July 26, 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 # 5102876 09/30/2022 11:56:01 AM OR BOOK 4894 PAGE 2342 - 2346 Doc Type: CRON RECORDING: $44.00 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 an 18.873-acre parcel of land owned by Eguibebe, LLC., and Nelmarta Associates, LTD., located at 6209 S. US Highway 1, Fort Pierce, from RU (Residential, Urban — 5du/ac), RM (Residential, Medium — 9du/ac); and COM (Commercial) to MXD (Mixed -Use Development), 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 a 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 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 9th day of August 2022. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST Deputy Clerk Chair APPROVED AS TO FORM ANIJ' ORREGTV03S County 9(ttgfney Exhibit "A" LEGAL DESCRIPTION: Parcel 1: THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LESS RIGHTS -OF -WAY FOR DRAINAGE CANALS AND PUBLIC ROADS, ALSO DESCRIBED AS THE NORTH 5 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, LESS RIGHTS -OF -WAY FOR PUBLIC ROADS AND DRAINAGE CANALS. Parcel 2: THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LESS LOTS 1,3 AND 10, BLOCK A, AND LOTS 1 AND 2, BLOCK B, OF THE SUBDIVISION OF AETNA PARK, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGE 13, OF THE PUBLIC RECORDS OF ST.LUCIE COUNTY, FLORIDA, LESS RIGHTS - OF -WAY FOR PUBLIC ROADS AND DRAINAGE CANALS, AND ALSO LESS THE FOLLOWING DESCRIBED PARCEL OF LAND, TO WIT: Parcel 3: LOTS 1 AND 3, BLOCK A, OF THE SUBDIVISION OF AETNA PARK, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGE 13, AND AMENDED PLAT OF AETNA PARK, RECORDED IN PLAT BOOK 7, PAGE 41, OF THE PUBLIC RECORDS OF ST.LUCIE COUNTY, FLORIDA. Parcel 4: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ALSO DESCRIBED AS THE SOUTH 5 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10, ST. LUCIE COUNTY, FLORIDA, LESS RIGHTS -OF -WAY OF PUBLIC ROADS AND DRAINAGE CANALS. CONTAINING 822,110 SQUARE FEET, 18.873 ACRES, MORE OR LESS. FUTURE LAND USE MAP Tidewater Mixed Use Activity Area Legend N SU - RES 10 = Su - com A E=3 1- SUB AREA POLICIES SU - Sp,&, U,, Arc:, Specific .11— the H-dl Ise A[tivRy Area RU Wh-- plan amendment It SU IN, Ile — "19" , I�s zone .re I would b, epu valent L. the t- would L —i- th,e coral p I'he element of the —p,&I.- , m. k.00 , to d,! .1"p, 1-1 KID --im, Sunshine-Blvd- 6) ------------- —Sunshine. Blvd=z--� �RU -European-Ln— RES-10 COM -Paurotis-L-n- Y—RU -Bananaln- -RU q RU F-- I