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Home My WebLink About22-034 ORDINANCE 2022-34 FILE NO.: FLUMA-2202226314 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR +/-16.67 ACRES OF LAND OWNED BY NEAL KEYS FROM COM (COMMERCIAL)TO MXD (MIXED-USE DEVELOPMENT)TO BE KNOWN AS THE EDEN OAKS MXD ACTIVITY AREA; 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 Red Tail Design Group on behalf of Neal Keys to amend the adopted Comprehensive Plan Future Land Use Map for a 16.67-acre parcel of land located at 6201 S. US Highway 1 in Port St. Lucie, Florida, from COM (Commercial) to 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 November 17, 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 December 6. 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. November 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# 5140777 01/09/2023 04:01:03 PM OR BOOK 4936 PAGE 543-546 Doc Type:ORDN RECORDING: $35 50 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 a 16.67-acre parcel of land owned by Neal Keys at 6201 S. US Highway 1, Port St. Lucie, COM (Commercial) to MXD (Mixed-Use Development), Eden Oaks Activity Area, as depicted in the attached Exhibit A. 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: Cathy Townsend, Chair AYE Linda Bartz, Vice-Chair AYE Chris Dzadovsky, Commissioner AYE Larry Leet, Commissioner AYE Jamie Fowler, Commissioner AYE PASSED AND DULY ADOPTED on this 6th day of December 2022. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY L0_,..0 -1---)V.-,6a4L-CQ CI-6 r ATTEST APPRO ED AS TO FORM AND CIIRRECTNE` / C040.�jr/ot,_ . Ca Deputy Clerk * z ounty Atto- m °oNTr,moo' EXHIBIT A LEGAL DESCRIPTION BEGIN AT THE INTERSECTION OF THE SOUTH LINE OF LOT 11, BLOCK 2, MODEL LAND COMPANY'S SUBDIVISION OF SECTI ON 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS PER PLAT THEREOF ON FILE IN PLAT BOOK 1, PAGE 41, OF ST. LUCIE COUN TY, FLORIDA, PUBLIC RECORDS (LOT 1) AND THE WESTERLY RIGHT OF WAY OF U.S. NO. ONE; BEING 42' WEST OF THE EAST LINE OF THE NW 1 / 4 OF SECTION 15 THENCE PROCEED WESTERLY ALONG THE SOU H LINE OF LOTS 1 AND 4, A DISTANCE OF 1,280 FEET, THENCE PROCEED NOR THERLY PARALLEL TO THE WESTERLY RIGHT OF WAY OF U.S. NO. ONE; 570.24 FEET TO THE SOUTHERLY RIGHT OF WAY OF NORTH ST. LUCIE RIVER DRAINAGE DISTRICT CANAL NO. 23; THENCE PROCEED EASTERLY ALONG THE SOUTHERLY RIGHT OF WAY OF CANAL NO. 23 A DISTANCE OF 1,280 FEET TO THE WESTERLY RIGHT OF WAY OF U.S. NO ONE; THENCE PROCEED SOUTHERLY ALONG THE WESTERLY RIGHT OF WAY OF U.S. NO. ONE, A DISTANCE OF 570.25 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE EAST 6'. AS DESCRIBED IN OFFICIAL RECORDS BOOK 1709, PAGE 983. CONTAINING 726,089.65 SQUARE FEET (16.67 ACRES), MORE OR LESS. FUTURE LAND USE MAP Eden Oaks Mixed Use Activity Area I J-__= sunsnin'etva ea I n C 1 EuroP ry �l — Legend A JRES-14 _ rot's — SU-COM SUB AREA POLICIES �'s+ — —_ — su-Specific Use Anse co M tOM _'Banana-Ln, iIIiiiil _ �� we re Use amen tithe the Mind Use Activity cone _ — == •11- -- ,1 -2 - a.e reelected to the following — :� � 1 amended through the canprehemwe elan amendment (- / f, i_•11,_ i=- a°'K' ,' rrAlexandrla Clr�y(�� Ponytall.'Ln f — SU(pes-1n)-Means that the uses vethn this zone are SU(Co.,,).Mean that the uses within this zone ere J 4j I t I III I I �J I I I I I �I restrgad to those Out would be egoeelent to the 0.M land r•trkted to those that vould 6e aq.alent to the COOL t'se**natal es deaabcd tt the Mere Land use as daubed In the rub.land use Clement of the element a Uhe tamvntreewe prh,.tohwry up ro to dot mmpreh+wve den. t or through a dUD mmmng. 0 800 1,600 2.400 I , _ Easy St Feet g� II{ I II I --, — —Saeger-Ave i I — Nti RES 14 7 I I r vU 1a L C1 0 rnison•Dr uU 'q— �� 'IM r1M : 1 M z __:E— AU y COM ,tt— y II Kitterman-Rd _ r W K II I I I I I 1 i 1 r II 111( 1 TI I - it II RON DESANTIS CORD BYRD Governor Secretary of State January 5, 2023 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Attn: Vera Smith Dear Michelle Miller, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of the St. Lucie County Ordinance No. 2022-034, which was filed in this office on January 5, 2023. Sincerely, Anya Owens Program Administrator ACO/rra R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270