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Home My WebLink About23-012 - re-adopted 12/12/23 - previous ordinance not received during the 10 day deadline MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5280096 12/19/2023 11:47:49 AM OR BOOK 5085 PAGE 615-622 Doc Type:ORDN RECORDING: $69.50 ORDINANCE NO. 2023-12 FILE NO.: FLUMA-2210-000017 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR 12 PARCELS OF LAND OWNED BY ST. LUCIE COUNTY FROM AG-5 (AGRICULTURAL, 5), RS (RESIDENTIAL, SUBURBAN) AND RU (RESIDENTIAL, URBAN) TO CPUB (CONSERVATION PUBLIC); PROVIDING 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 COMMERCE; 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. On January 9, 1990, the Board of County Commissioners of St. Lucie County, FL adopted the St. Lucie County Comprehensive Plan. 2. St. Lucie County has initiated amendments to the Future Land Use Map for 12 parcels totaling 862.4 acres (M.O.L.) of public property, shown in tabular and map form in Exhibit "A," to the Conservation Public (CPUB) Future Land Use designation consistent with the intended use of the public properties and Chapter 163, Florida Statutes;and 3. 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 4. On May 18, 2023, 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 recommended to the Board of County Commissioners that the petition for Future Land Use Map Amendments be approved; and 5. On June 6, 2023, the Board of County Commissioners of St. Lucie County, Florida held a transmittal hearing, of which due notice was placed in the St. Lucie News Tribune and approved transmittal to the Florida Department of Commerce; and 6. On September 19, 2023, the Board of County Commissioners of St. Lucie County, Florida held an adoption hearing, of which due notice was placed in the St. Lucie News Tribune and deemed the adoption of the amendments to the Comprehensive Plan to be in the best interests of the citizens and residents of the County. 7. On November 9, 2023, the Florida Department of Commerce notified the County that it had not met the deadline of submitting the executed ordinance of ten working days after the adoption hearing. State officials advised Staff that the solution for this the late submittal was "re-adoption" of the amendment by the BoCC. Ordinance No. 2023-12 File No.: FLUMA-2210-000017 Page 2 8. On December 12, 2023, the Board of County Commissioners of St. Lucie County, Florida held a re-adoption hearing, of which due notice was placed in the St. Lucie News Tribune and deemed the adoption of the amendments to the Comprehensive Plan to be in the best interests of the citizens and residents of the County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. AMENDMENT 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 "B," attached hereto, containing 12 parcels totaling 862.4 acres (M.O.L.) of public property to the Conservation Public (CPUB) Future Land Use designation. 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 development on 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. Ordinance No. 2023-12 File No.: FLUMA-2210-000017 Page 3 FILING WITH THE DEPARTMENT OF COMMERCE The Planning and Development Services Director shall send a certified copy of this Ordinance to the Department of Commerce, Bureau of Community Planning, Caldwell Building, 107 East Madison Street, MSC 160 Tallahassee, FL 32399. H. 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. I. ADOPTION After motion and second, the vote on this Ordinance was as follows: Cathy Townsend, Chair AYE Chris Dzadovsky,Vice-Chair AYE Linda Bartz, Commissioner AYE Larry Leet,Commissioner AYE Jamie Fowler,Commissioner AYE PASSED AND DULY ADOPTED this 12th day of December, 2023. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY air ATTEST APPR ED AS TO FORM AND ORRECTNESS Oy Zk Deputy Clerk (01 j�� cn ounty Attor ey " - o O GC14.COUNrcfv Ordinance No. 2023-12 File No.: FLUMA-2210-000017 Page 4 EXHIBIT"A" — LEGAL DESCRIPTIONS AND MAPS CURRENT/ NAME PARCEL ID LEGAL DESCRIPTION ACRES PROPOSED FUTURE LAND USE CYPRESS 3119-133-0001- 19/20/29/30 36 37 THAT PART OF 783.41 AG-5/ CREEK 000-0 SECTIONS MPDAF: FROM CPUB PRESERVE SOUTHEAST CORNER OF SECTION 30-36-37 RUN SOUTH 88 50 51 WEST ALONG SOUTH SECTION LINE 1789.51 FEET TO POINT OF BEGINNING;THEN CONTINUE SOUTH 88 50 51 WEST 830.10 FT,THEN NORTH 00 23 11 WEST 8048.29 FEET,THEN NORTH 89 39 31 EAST 4330.34 FEET,THEN SOUTH 45 20 29 EAST 226.27 FEET,THEN NORTH 89 39 31 EAST 1236.80 FEET,THEN SOUTH 28 43 07 WEST 280.31 FEET TO CURVE CONCRETE EAST,RIGHT OF 4034.72 FEET,THEN SOUTHERLY ALONG ARC 1082.64 FEET, THEN SOUTH 13 20 40 WEST 3338.90 FEET TO CURVE CONCRETE WEST,RIGHT OF 2649.79 FEET,THEN SOUTHERLY ALONG ARC 844.02 FEET,THEN SOUTH 59 29 10 EAST 48.99 FEET,THEN SOUTH 34 41 16 WEST 1123.21 FEET TO CURVE CONCRETE NORTHWEST,RIGHT OF 3649.72 FEET,THEN SOUTHWESTERLY ALONG ARC 491.71 FEET,THEN SOUTH 39 41 31 WEST 288.64 FEET TO CURVE CONCRETE NORTHWEST,RIGHT OF 3674.72 FEET,THEN SOUTHWESTERLY ALONG ARC 577.22 FEET,THEN SOUTH 68 25 54 WEST 98 FEET TO CURVE CONCRETE NORTHWEST,RIGHT OF 3605.39 FEET,THEN SOUTHWESTERLY ALONG ARC 807.86 FEET,THEN SOUTH 70 04 18 WEST 155.72 FEET,THEN SOUTH 72 56 02 WEST 200.25 FEET,THEN SOUTH 70 04 17 WEST 297.92 FEET TO CURVE CONCRETE SOUTH,RIGHT OF 3449.53 FEET,THEN WESTERLY ALONG ARC 280.59 FEET TO SOUTH LINE OF SECTION 30 AND POINT OF BEGINNING (OR 3712-831) Ordinance No. 2023-12 EXHIBIT"A"— LEGAL DESCRIPTIONS AND MAPS File No.: FLUMA-2210-000017 Page 5 CURRENT/ NAME PARCEL ID LEGAL DESCRIPTION ACRES PROPOSED FUTURE LAND USE MARTIN 3416-131-0001- 16 36 40 THAT PART OF SOUTH 1/2 OF 5.06 RS/CPUB MYERS 000-6 NORTH 1/2 OF SW 1/4 OF NORTHEAST STICKEL 1/4 LYING E OF ELY CHANNEL ST PARCEL 1 LUCIE RIVER AND SOUTH 1/2 OF NORTHWEST 1/4 OF SOUTHEAST 1/4 81.FAL' 7V14 697) MARTIN 3416-134-0001- 16 36 40 N 485.56 FEET OF SOUTH 16.79 RS/CPUB MYERS 000-5 661.2 FEET OF THAT PART OF STICKEL NORTHEAST 1/4 LYING EAST OF ST PARCEL 2 LUCIE RIVER - LESS THAT PART THAT LIES WITHIN 33 FEET OF BASE LINE OF SR 603 AS SHOWN IN MAP BOOK 1-139 AND THAT PART OF SOUTHEAST 1/4 OF SOUTHWEST 1/4 OF NORTHEAST 1/4 LYING WEST OF ST LUCIE RIVER (OR 3711-697) MARTIN 3416-134-0002- 16 36 40 BEGINNING AT POINT 175.64 3.20 RS/CPUB MYERS 010-5 FEET NORTH OF SOUTHEAST STICKEL CORNER OF NORTHEAST 1/4 RUN S PARCEL 3 531.23 FEET; THEN WEST 1023 FEET ML TO ST LUCIE RIVER; THEN NORTHERLY MEANDER SD RIVER TO POINT DUE WEST OF POINT OF BEGINNING; THEN EAST 1254 FEET ML,TO POINT OF BEGINNING; LESS ROAD RIGHT-OF-WAY AS IN OR 59- 428, ALSO LESS ALL LANDS LYING EAST OF FOLLOWING DESCRIBED LINE: COMMENCE AT POINT OF BEGINNING AS DESCRIBED IN OR 3079-2933, THEN RUN SOUTH 89 50 18 WITH ALG THEN NORTHERLY BOUNDS THEREOF 1208.29 FEET TO POINT OF BEGINNING; THEN SOUTH 01 57 01 WEST 531.59 FEET TO POINT ON SOUTHERLY BOUNNDS OF SOUTHERLY TERMINUS LIME. (OR 3711-697) Ordinance No. 2023-12 EXHIBIT"A"—LEGAL DESCRIPTIONS AND MAPS File No.: FLUMA-2210-000017 Page 6 CURRENT/ NAME PARCEL ID LEGAL DESCRIPTION ACRES PROPOSED FUTURE LAND USE PETRAVICE 3403-502-0215- WHITE CITY SUBDIVISION 04 36 40 34.49 RS, RU/ FAMILY 000-7 SOUTH 190 FEET OF ALL THAT PART CPUB PRESERVE OF LOT 65 1/2 LYING EAST OF CANAL 71 AND WHITE CITY SUBDIVISION 09 36 40 LOTS 190, 191, 192, 193, 194, 195, 196, 210 AND 211 LYING EAST OF CANAL 71 AND THAT PART OF FOLLOWING DESCRIBED PROPERTY LYING EASTERLY OF EXISTING RIVER AND WESTERLY OF PLATTED RIVER: SOUTH 5 ACRES OF NORTHWEST 1/4 OF NORTHWEST 1/4 AND NORTH 5 ACRES OF SOUTHWEST 1/4 OF NORTHWEST 1/4 AND LAND ABUTTING SAME ON EAST TO RIVER - LESS THAT PART MPDAF: BEGINNING AT NORTHEAST CORNER OF NORTHWEST 1/4 RUN WESTERLY ON NORTH LINE OF SECTION 19.7 FEET M/L, THEN SOUTHERLY 22.8 FEET M/L, THEN WESTERLY 29.98 FT, THEN SOUTHERLY 236.27 FT, THEN EASTERLY TO EAST LINE LOT 211, THEN NORTHERLY ON EAST LINE TO POINT OF BEGINNING AND LESS ROAD RIGHT-OF-WAY FOR PALMETTO AVE AS IN OR 3970-1705- (OR 3736-1601) (OR 3643-1140) (OR 3736-1601) ZORC 3409-701-0002- AMENDED PART OF RIVER DALE 10.81 RS/CPUB PRESERVE 000-0 YACHT CLUB ESTATES UNIT 1 AND 3 PARCEL 1 NORTHERLY 330.5 FT OF AMENDED PART (OR 3223-2908 THRU 2915) ZORC 3409-702-0005- RIVERDALE YACHT CLUB ESTATES- 0.60 RS/CPUB PRESERVE 000-4 UNIT 3 BLOCK 12 LOTS 17, 18 AND 19 PARCEL 2 (OR 3994-216) ZORC 3409-702-0008- RIVERDALE YACHT CLUB ESTATES- 3.53 RS/CPUB PRESERVE 000-5 UNIT 3 BLOCK 12 LOTS 20 TO 42 INC PARCEL 3 (OR 3994-216) ZORC 3409-702-0047- RIVERDALE YACHT CLUB ESTATES- 1.04 RS/CPUB PRESERVE 000-0 UNIT 3 BLOCK 15 LOTS 1 TO 7 INC PARCEL 4 (OR 3994-216) ZORC 3409-702-0039- RIVERDALE YACHT CLUB ESTATES- 0.98 RS/CPUB PRESERVE 000-1 UNIT 3 BLOCK 14 LOTS 1 TO 8 INC PARCEL 5 (OR 3994-216) ZORC 3409-702-0031- RIVERDALE YACHT CLUB ESTATES- 1.04 RS/CPUB PRESERVE 000-5 UNIT 3 BLOCK 13 LOTS 1 TO 8 INC PARCEL 6 (OR 3994-216) Ordinance No. 2023-12 File No.: FLUMA-2210-000017 Page 7 EXHIBIT "A" — LEGAL DESCRIPTIONS AND MAPS CURRENT/ NAME PARCEL ID LEGAL DESCRIPTION ACRES PROPOSED FUTURE LAND USE ZORC PARCEL 7 ROAD ALL ROAD RIGHT OF WAY FOR MARY N/A 2.25 PRESERVE PARCELS BEE DRIVE, SAN CARLOS PLACE, SAN ROAD MARINO PLACE AND SAN JOSE PARCELS PLACE WITHIN THE LIMITS OF PARCELS ONE THRU SIX AS DESCRIBED ABOVE. LESS AND EXCEPT THE EASTERLY HALF OF SAN JOSE PLACE AND NORTHERLY HALF OF MARY BEE DRIVE ADJACENT TO LOTS 1, 7, 8 9 AND 10, BLOCK 11, RIVERDALE YACHT CLUB ESTATES UNIT THREE AS RECORDED IN PLAT BOOK 6 PAGE 41, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORI DA. Ordinance No. 2023-12 EXHIBIT "A" LEGAL DESCRIPTIONS AND MAPS File No.:FLUMA-2210-000017 Page 8 N\ _ 1-Petravice Family Preserve o >s 2-2orc Preserve i + I T;—.i N`\`\ 3-Martin Myers Stickel Preserve , Y c 4-Cypress Creek Preserve i. m a - I tI W Nor E i ,� 5 Orange Ave F. U ' o 1 _ �.�ae pi4 .1,4 I LT a v 1 P mow a 1 3 Z tek, �� ? Re j ��° ff a q ,�m '1. mph. - a • \ TrodMMPWN��Cv4" � � ST.LUCIE 0 2.5 5 10 Miles' ' COUNTY Rd i F L O R I D A Baas 1 PLORIDA DEPARTMENT 0 STATE r RON DESANTIS Governor December 21, 2023 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Attention: Vera Smith Dear Michelle Miller, CORD BYRD Secretary of State 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. 2023-12, which was filed in this office on December 18, 2023. Sincerely, Anya Owens Administrative Code and Register Director ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270