The URL can be used to link to this page

Home My WebLink About23-002 ORDINANCE 2023-2 FILE NO.: FLUMA-3202125971-25971 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR +/-6.37 ACRES OF LAND OWNED BY THE WYNNE BUILDING CORPORATION FROM THE COM (COMMERCIAL) TO THE RH (RESIDENTIAL, HIGH) CATEGORY; 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 the Wynne Building Corporation, and Representative, Dr. Alec Wynne, petitioned a proposed amendment to the Comprehensive Plan Future Land Use Map (Small-scale), to change the Future Land Use Category of +/- 6.37 acres located at 8000 S. US Highway 1 from the COM, Commercial category to the RH, Residential High (up to 15 du/ac) category 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 voted to continue the matter until their December 15. 2022 meeting. 4. On December 15, 2022, the Planning & Zoning Commission continued their hearing and after discussion, the Commission voted unanimously to forward 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 5. On January 10, 2023. 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 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, December 29, 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 'ILE# 5153930 02/14/2023 08:45:05 AM DR BOOK 4949 PAGE 2010-2013 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 6.37-acre portion of a parcel of land owned by the Wynne Building Corporation at 8000 S. US Highway 1, Port St. Lucie, from COM (Commercial) to RH (Residential High) 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 10th day of January 2023. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY C air ATTEST APPR ^D AS TO FO M ANDC R / / Deputy Clerk G ch, County Att rney to % Z .4%� I� m f • 0 OGNT Y F L00131. EXHIBIT A LEGAL DESCRIPTION A PORTION OF ST. LUCIE GARDENS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 35, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 4X4 CONCRETE MONUMENT LOCATED AT THE NORTH WEST CORNER OF SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, THENCE SOUTH 00°20'23" EAST, A DISTANCE OF 399.39 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF US HIGHWAY 1 (A 200 FOOT WIDE RIGHT-OF-WAY) (PER FLORIDA D.O.T. MAP, PROJECT No. 94010-2533): THENCE SOUTH 27°53'50" EAST,ALONG SAID EAST RIGHT-OF-WAY, A DISTANCE OF 1271.30 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 27°53'50" EAST, ALONG SAID LINE, A DISTANCE OF 906.26 FEET; THENCE, DEPARTING SAID RIGHT-OF- WAY, NORTH 62°05'30" EAST, A DISTANCE OF 111.50 FEET; THENCE SOUTH 27°53'50" EAST, A DISTANCE OF 188.00 FEET; THENCE NORTH 89°56'17" EAST, A DISTANCE OF 111.15 FEET; THENCE SOUTH 00°21'45" EAST, A DISTANCE OF 12.00 FEET; THENCE NORTH 89°56'17" EAST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00°21'45" EAST, A DISTANCE OF 88.05 FEET TO A POINT LOCATED APPROXIMATELY 2.0 FEET NORTH OF THE NORTH EDGE OF PAVEMENT OF MEDITERRANEAN BOULEVARD SOUTH (A PRIVATE ROADWAY), SAID LINE BEING IDENTIFIED AS A "REFERENCE LINE" ON THE SURVEY HEREON; THENCE NORTH 89°56'17" EAST, ALONG SAID "REFERENCE LINE", A DISTANCE OF 28.07 FEET: THENCE NORTH 00°38'48"WEST,A DISTANCE OF 129.98 FEET;THENCE NORTH 83°52'26"WEST,A DISTANCE OF 38.42 FEET TO A POINT OF CURVATURE OF A NON TANGENT CURVE TO RIGHT, WHICH THE RADIUS POINT LIES NORTH 24°36'29" EAST, A DISTANCE OF 132.92 FEET; THENCE NORTHWESTERLY, ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 37°33'53", AN ARC DISTANCE OF 87.15 FEET TO A POINT OF TANGENCY; THENCE NORTH 27°49'38" WEST, A DISTANCE OF 891.38 FEET; THENCE NORTH 03°45'50" EAST, A DISTANCE OF 22.85 FEET; THENCE NORTH 27°21'25" WEST, A DISTANCE OF 156.41 FEET TO A POINT IDENTIFIED AS A"REFERENCE LINE" ON THE SURVEY HEREON;THENCE SOUTH 62°05'30" WEST, ALONG SAID "REFERENCE LINE", A DISTANCE OF 272.51 FEET, TO THE POINT OF BEGINNING. CONTAINING 6.370 ACRES (277,473.73 SQUARE FEET), MORE OR LESS. FUTURE LAND USE MAP LIM Ibis Apartments F°I°,a FLUMA-3202125971 L.ndU,r• vroposad �L UNbavotLn O a .4 d ON^sA ��/'[/\J\ Lr d; �,L•9-YV Guava(n O 2' Ala 'Pb 'LI O EGwi a ` 6,Jp ca. ', 0 70 LO0 () \ o \., I \ ��. j4 RU eta ....:. Vt Ln C] e+••• ,p And•. O alusia Ln •'4 `o COM \'\ aa�a L Antigua __ \ �, E 11 '— El 0 V ....•,••. .- afetatarranean Blvd S ---—-_ �i I `J \ ` �'"o�-- F .,_,,,, iii. . tr i o Subject Parcel N =COM,Commdreia. IND,Industrial 100 800 '260 N 4h RU,Residential Urban,5 dWac peel Nth RH,Resaenbal High,IS dwa< RON DESANTIS CORD BYRD Governor Secretary of State February 9, 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. 2023-002, which was filed in this office on February 9, 2023. Sincerely, Anya Owens Program Administrator ACO/rra R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270