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Home My WebLink About23-004 ORDINANCE 2023-04 FILE NO.: FLUMA-2210-000018 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE m�rD- COUNTY, FLORIDA, AMENDING THE ADOPTED COMPREHENSIVE PLAN o ca M 2 OR FUTURE LAND USE MAP BY CHANGING THE FUTURE LAND USE oo;C� DESIGNATION OF +/-14.0 ACRES FROM IND (INDUSTRIAL)AND+/-4.0 ACRES �m z FROM RM (RESIDENTIAL MEDIUM) TO COM (COMMERCIAL); PROVIDING FOR a a O O 3 a8wCr CHANGES TO THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTING 0 m N Z A PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR o APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT N`0 m ' A � OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF m A ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND o W _ PROVIDING FOR ADOPTION � m c, o C WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, Z based on the testimony and evidence, including but not limited to the staff report, M has made the following determinations: 1. On January 9, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Comprehensive Plan. 2. The Board of County Commissioners of St. Lucie 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 amendment to the adopted Comprehensive Plan of St. Lucie County. 3. On February 16, 2023, the St. Lucie County Planning and Zoning Commission acting as the Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie News Tribune, and recommended approval of the proposed amendment to the Board of County Commissioners. 4. On March 7, 2023, the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed in the St. Lucie News Tribune and voted to approve the amendment of the Future Land Use Map of the St. Lucie County Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. ADOPTION OF THE AMENDMENTS The Board of County Commissioners does hereby adopt the amendment to the Ord.2023-04 Page 1 of 5 Future Land Use Map of the St. Lucie County Comprehensive Plan, attached herein as Exhibit A. B. CHANGES TO THE COMPREHENSIVE PLAN The Board of County Commissioners does hereby amend the St. Lucie County Comprehensive Plan Future Land Use Map to change the future land use designation from IND (Industrial) and RM (Residential Medium) to COM (Commercial) on approximately 18.09 acres, more particularly described in the Legal descriptions attached herein as Exhibit B. C. 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 the Ordinance are hereby superseded by this Ordinance to the extent of such conflict. D. 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 for any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. E. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable as stated in Paragraph A and B. F. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of the Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. G. FILING WITH THE STATE LAND PLANNING AGENCY The Planning and Development Services Director shall send a certified copy of the Ordinance to the State Land Planning Agency within the Florida Department of Economic Opportunity, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4120. Ord. 2023-04 Page 2 of 5 H. EFFECTIVE DATE The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the County that the plan amendment package is complete. 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 enters a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10), Florida Statutes. I. CODIFICATION This Ordinance, upon its effective date, shall be codified by incorporating any contained changes into the St. Lucie County Comprehensive Plan. J. ADOPTION. After 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 ENACTED this 7T" day of March, 2023. ATTEST: oM��s Deputy Cie v �p * x a m <G fib rr, F�o��' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: e-4CQ� _A_,_� C it APPROVED CORRECTN BY: TO FORM AND Ord. 2023-04 Page 3 of 5 Exhibit A Ord.2023-04 Page 4 of 5 Exhibit B Legal Description PARCEL NO. 2407-322-0000-000-4 (+/-1.00 acre) A parcel of land being the East 230.00 feet, of the West 270.00 feet, of the North 190.26 feet, of the South 270.26 feet, of the following described parcel: The Northwest 1/4 of the Southwest 1/4 of Section 7, Township 35 South, Range 40 East, less and excepting therefrom the rights -of -way of Orange Avenue and Jenkins Road, Public Records of St. Lucie County, Florida less and excepting therefrom the South 541.85 feet. PARCEL NO. 2407-701-0002-000-1 (+/-17.09 acres) 5501 West Orange Crossing Plat, Lot 1 (PB 112, Page 39; recorded 2/8/23) Ord. 2023-04 Page 5 of 5 RON DESANTIS CORD BYRD Governor Secretary of State March 21, 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. 2023-004, which was filed in this office on March 17, 2023. Sincerely, Anya Owens Program Administrator ACO/rra R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270