HomeMy WebLinkAbout24-037 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUNTY
E# 5411286UCIECO 11/20/2024 02:15:18 PM
FIL
{ RECORDING OOK 36 PAGE 55-62 Doc Type ORDN
$69.50
ORDINANCE 2024-37
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, AMENDING THE ADOPTED COMPREHENSIVE
PLAN FUTURE LAND USE MAP FOR +/-421.28 ACRES FROM AG-5
(AGRICULTURAL-5)TO MXD(MIXED-USE DEVELOPMENT);AND CREATING
THE NEILL FARM MIXED-USE (MXD) ACTIVITY AREA WITH SUB-AREA
POLICIES;AND 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 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, 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 August 9, 2022, the St. Lucie County Board of County Commissioners adopted Ordinance
22-015 expanding the Urban Service Boundary in the south county.
4. On June 20, 2024, 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 courtesy notice provided on a sign placed on the property and mailed
to owners of property within 500 feet of the subject property, and recommended approval of the
proposed amendment to the Board of County Commissioners.
5. On August 6, 2024, the Board of County Commissioners of St. Lucie County, Florida held a
public hearing,of which due notice was published in the St. Lucie News Tribune and courtesy
notice provided on a sign placed on the property and mailed to owners of property within
500 feet of the subject property and voted to approve transmittal of the amendment to the State
Land Planning Agency(Florida Department of Commerce).
6. On August 16,2024,the amendment and supporting documentation were submitted to the Florida
Department of Commerce (the State Land Planning Agency) and electronically distributed to
corresponding review agencies, including the City of Port St. Lucie, under the State's Expedited
Review Process.
7. On August 19, 2024, receipt of the amendment package was acknowledged by the State Land
Planning Agency.
8. On September 13, 2024, the State Land Planning Agency issued an Objections,
Recommendations and Comments Report(ORC Report) and did not identify any objections to
the proposed amendment and the agency provided one technical assistance comment.
9. On November 12,2024,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 courtesy notice
was provided on a sign placed on the property and mailed to owners of property within 500 feet
of the subject property, 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 AMENDMENT
The Board of County Commissioners does hereby adopt the amendment to the Future Land Use
Map of the St. Lucie County Comprehensive Plan, attached herein as Exhibits A and B.
B. CHANGES TO THE COMPREHENSIVE PLAN
The Board of County Commissioners does hereby state its intention to:
Amend the St. Lucie County Comprehensive Plan Future Land Use Map to change the future
land use designation from AG-5 (Agricultural-5) to MXD (Mixed Use Development) on
approximately 421.28 acres more particularly described in the Legal Description attached
herein as Exhibit C; and
2. Amend the St. Lucie County Comprehensive Plan Future Land Use Map to establish the Neill
Farm Estates MXD-Specific Use Activity Area Plan and sub -area policies for the Neill Farm
MXD Specific Use Activity Area as illustrated in Exhibit A and 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 Paragraphs 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.
Ordinance No. 2024-37
Page 2 of 8
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
Chris Dzadovsky, Vice -Chair
AYE
Linda Bartz, Commissioner
AYE
Larry Leet, Commissioner
AYE
Jamie Fowler, Commissioner
AYE
PASSED AND DULY ENACTED this 12`h day of November, 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk
AS TO FORM AND
A111
4 - 'J/
County Attorney
Ordinance No. 2024-37
Page 3 of 8
Ordinance 2024-37
Exhibit B
Neill Farm Estates MXD Sub -Area Policies
Notwithstanding the other goals, objectives and policies of the Comprehensive Plan, development in the
Neill Farm Estates MXD Specific Use Activity Area shall be subject to the site -specific provisions as set
forth below. If a Comprehensive Plan provision is not specifically addressed in the Neill Farms Estates sub-
area policy, then the adopted and effective Comprehensive Plan and Land Development Code (LDC) in
effect on the date of the final decision on a development application shall control.
1. The Neill Farm Estates MXD Specific Use Activity Area is permitted to develop as a residential
community with a density that shall not exceed 3 dwelling units per acre for a maximum total of 1,275
dwelling units. All development within the Neill Farm Estates MXD Specific Use Activity Area shall
occur through the PUD (Planned Unit Development) process.
2. Residential development permitted within the Neill Farms Estates MXD Specific Use Activity Area may
include amenity and recreational centers, such as clubhouses, social buildings, fitness centers, and
recreational open spaces, and other accessory uses to serve the residents. Amenity and recreation areas
may include food services with or without alcoholic beverage sales/consumption.
3. No building height shall exceed 35 feet.
4. The building spacing formula, set forth in LDC Section 7.04.03 shall not be applicable to town home
development within Neill Farm Estates MXD Specific Use Activity Area.
5. Residential dwelling types may include single-family, duplexes, and multifamily town homes. To
promote affordability in the form of varied pricing levels, a minimum of ten percent (10%) of the total
units shall be attached dwelling units.
6. The restriction for the cul-de-sac length of up to 1,000 feet set forth in LDC Section 7.01.03 may be
waived by the County Commission at their discretion as part of the PUD approval process.
7. The Neill Farms Estates MXD Specific Use Activity Area shall provide a buffer/transition area between
the McCarty Ranch Preserve and any homes along the western boundary of the development.
8. Neill Farm Estates MXD Specific Use Activity Area shall be developed as a 55+ age -restricted
community that complies with an exemption to the Fair Housing Act.
9. Due to the proximity of the future commercial area at the southeast corner of Range Line Road and
S.W. Discovery Way, as well as other commercial, civic and institutional areas planned and/or under
construction within the Riverland and Western Groves DRI's on the east side of Range Line Road
proximate to the Neill Farms development, and the Oak Ridge Ranches Mixed Use Activity Area,
planned +/- two miles north, the Neill Farm Estates MXD Specific Use Activity Area is permitted to
develop exclusively as an active adult, age -restricted residential community.
10. A minimum of 40% (forty percent) of the gross site area shall comprise common open space, which
may be owned or controlled by a homeowner's association or a Community Development District
(CDD). The surface area at the control elevation for stormwater ponds or lakes shall comprise no more
than 50% of the required common open space.
Ordinance No. 2024-37
Page 5 of 8
11. Neill Farm Estates MXD Specific Use Activity Area shall designate no less than 35 (thirty-five) acres
as a preservation tract, including native upland habitat, created upland habitat, wetlands, and wetland
buffers. Neill Farm Estates MXD Specific Use Activity Area shall preserve and enhance/restore 20.8
acres of freshwater marsh (Wetlands A, 1, 2, 4, 5, 9, 11), 9.2-acres of pine flatwoods, and 3.0 acres of
created pine flatwoods. The above being described is in the approved Environmental Impact Report
entitled "Environmental Impact Report and Wetland Waiver" prepared by EW Consultants, Inc., dated
May 2024.
12. To satisfy tree mitigation requirements, the 9.2 acres of pine flatwoods, and the 3.0 acres of created
pine flatwoods must be preserved as depicted in the final approved Environmental Impact Report dated
May 2024, prepared by EW Consultants, Inc. These preserved upland habitats shall be placed under a
conservation easement accompanied by a Preserve Area Management and Monitoring Plan (PAMMP)
prior to the issuance of the vegetation removal permit.
13. A sketch and legal description of the preserved wetlands, associated upland vegetative buffers, native
upland habitat, or other preservation tracts shall be provided with the site plan for each phase. The
preserved wetlands and associated upland vegetative buffers shall be placed under a conservation
easement in favor of St. Lucie County prior to the issuance of the vegetation removal permit.
14. Internal pedestrian circulation and connectivity shall be achieved through a network of sidewalks and
trails that efficiently connect homes, amenities, and parks. This connectivity within the Neill Farm
Estates MXD Specific Use Activity Area shall be accomplished by providing a minimum of two
pedestrian connections per residential pod in the form of:
(1) a sidewalk connection from each residential pod to the main community spine road sidewalk
which provides a sidewalk connection to the community recreation area and two project
entrances; and/or
(2) a designated walking path (which may be stabilized grass or mulch) that connects one residential
pod to another residential pod; and/or
(3) a designated walking path (which may be stabilized grass or mulch) or boardwalk within a natural
area that connects to a stabilized grass walking path within an adjacent residential pod.
15. Neill Farm Estates MXD Specific Use Activity Area shall provide or reserve an area designated for
pedestrian connectivity with the land area to the north. Pedestrian connectivity between adjacent
developments may include access -controlled facilities. Options for satisfying this requirement may
include, but are not limited to, the following: (a) a pedestrian connection located no more than 900 feet
from the eastern property line, or (b) a pedestrian connection to a public pedestrian trail running east -
west along the shared property boundary between Neill Farm Estates and the land area to the north,
linking Range Line Road to the McCarty Ranch Preserve. If Neill Farm Estates is required to convey
land to accommodate the public pedestrian trail, the adjacent property boundary setback or buffer
required by the County shall be reduced by the width of land conveyed.
16. Traffic generated by the Neill Farm Estates MXD Specific Use Activity Area which exceeds level of
service standards adopted in the Transportation Element of the Comprehensive Plan shall be mitigated
by the development through a schedule of committed roadway construction projects or payments or
alternative conditions, as provided in the conditions of approval for the Neill Farm Estates Planned
Development Plan.
17. If needed to satisfy transportation concurrency requirements, PUD review and approval shall include a
Development Agreement or similar binding agreement identifying specific performance and/or
mitigation measures. The Applicant shall provide to the City of Port St. Lucie copies of any PUD
application, along with any traffic studies and site plans submitted to the County with such applications.
18. No building permits for residential units in the Neill Farm Estates MXD Specific Use Activity Area
shall be issued until S.W. Discovery Way is open for public use as a minimum two (2) lane roadway to
Range Line Road.
Ordinance No. 2024-37
Page 6 of 8
19. If required by the County, the Neill Farm Estates MXD Specific Use Activity Area shall provide for
vehicle connectivity between Neill Farm Estates and the land area to the north. This connection is not
required to be located further west than 900 feet from the eastern property line and shall terminate at
the Neill Farm Estates northernmost roadway connection to Range Line Road. This connection shall
not be required to be wider than a 70-foot road section. If additional improvements are required to
satisfy transportation concurrency, the Neill Farm Estates MXD Specific Use Activity Area will
provide project design, transportation improvements and/or proportionate share payments to be
constructed or paid by the developer(s) or successor(s) in interest, as necessary to satisfy transportation
concurrency related to any offsite requirements but no further traffic improvements shall be required
within the Neill Farm Estates MXD boundaries.
20. To improve multimodal options and reduce vehicular traffic, the Neill Farm Estates MXD developer(s)
and successor(s) in interest shall diligently pursue all approvals from permitting regulatory authorities
to authorize interconnectivity with Riverland DRI (the adjacent development located east of Range
Line Road) by elevating a section of Range Line Road to allow golf cart, bike and pedestrian access
under Range Line Road between the two communities (the "Elevated Roadway System"). The
developer(s) and successor(s) in interest will be fully responsible for design and construction of (or
payment for) the Elevated Roadway System for this section of Range Line Road. Prior to obtaining all
approvals of the Elevated Roadway System, the developer(s) or successor(s) in interest will be required
to enter into an agreement with St. Lucie County that addresses future maintenance and replacement.
In the event the parties cannot agree upon the terms of such agreement, the roadway section shall not
be an Elevated Roadway System.
21. The Neill Farm Estates MXD Specific Use Activity Area developer(s) or successor(s) in interest shall satisfy,
the requirements in Policy #19 above for the design and construction of (or payment for) the Elevated
Roadway System, in accordance with a schedule approved by the County, which shall be a binding and
legally enforceable commitment on the developer, its agents, lessees, successors or assigns with the County
to assure construction or a proportionate share payment, as allowed by law. The Neil Farm Estates MXD
Specific Use Activity Area developer(s) or successor(s) in interest shall be entitled to receive County road
impact fee credits for the road improvements identified in the County's Comprehensive Plan or in the St.
Lucie Transportation Planning Organization Long Range Transportation Plan (needs plan) that increase
capacity for the use of the general public along Range Line Road and/or the donation of related right-of-way,
in accordance with County Code of Ordinances and Land Development Code; the developer(s) or
successor(s) in interest shall not be entitled to receive County road impact fee credits for the difference in the
design and costs of construction (or payment for) between the Elevated Roadway System and the roadway
identified in the County's Comprehensive Plan or in the St. Lucie Transportation Planning Organization Long
Range Transportation Plan (Needs Plan).
22. Neill Farm Estates MXD Specific Use Activity Area shall be served by central potable water and
sanitary sewer systems. Such centralized services shall be coordinated with St. Lucie County Utilities.
The Planned Development Plan shall be designed so there will be no net public cost for the provision
of water lines, sewage lines, storm and surface drainage systems, or other utility systems.
23. All real estate transactions within the Neill Farm Estates MXD Specific Use Activity Area shall include
disclosure to purchasers that the property is proximate to existing agricultural uses. Pursuant to Section
823.14(4), F.S., adjacent agricultural activities in existence for 1 year or more before the creation of the
Neill Farms Estates MXD Specific Use Activity Area are presumed to not be a nuisance if the farm
activities and operations conform to generally accepted agricultural and management practices. Such
real estate disclosures shall also state that Range Line Road is a designated freight route.
24. No more than three (3) single-family dwelling units with the same elevation may be placed next to each
other on the same side of the street. An alternative elevation must be introduced on the fourth (4th)
single-family dwelling unit.
Ordinance No. 2024-37
Page 7 of 8
Ordinance 2024-37
Exhibit C
Commence at a concrete monument at the Southwest corner of Section 13, Township 37 South, Range 38
East, St. Lucie County, Florida; thence run North 00°00'32" East, along the West line of said Section 13, a
distance of 427.18 feet, to the Point of Beginning;
Thence continue North 00°00'32" East, a distance of 5,033.90 feet to a point 40.00 feet South of the centerline
of the "Herman Canal", as measured at right angles thereto, thence run North 87030'54" East, parallel with
the centerline of said canal, a distance of 2,975.82 feet; thence run South 81038' 10" East, parallel with the
centerline of said canal, a distance of 2,252.69 feet; thence run North 85n5'46" East, parallel with the
centerline of said canal, a distance of 35.27 feet, to the West right of way line of Range Line Road (S.R. 609)
and being 75 feet West of the East line of said Section 13, as measured at right angles thereto; thence run
South 00*01'30" East, along the said right of way line, a distance of 2,491.60 feet; thence run South 00°00'25"
West, along the said right of way line, a distance of 2,309.12 feet; thence run South 89°35'30" West, parallel
with the South line of said Section 13, a distance of 5,238.62 feet, to the Point of Beginning; all lying and being
in Section 12 and 13, Township 37 South, Range 38 East, St. Lucie County, Florida.
Less and except the following described parcels of land:
Commence at the Northwest corner of Section 13, Township 37 South, Range 38 East, St. Lucie County,
Florida, thence run South 00000'32" West along the West line of said Section 13, a distance of 5.85 feet, to a
line 40.00 feet South of the centerline of the "Herman Canal", as measured at right angles thereto; thence run
North 87030'54" East, parallel with the centerline of said canal, a distance of 2,340.00 feet, to the Point of
Beginning;
Thence continue North 87°30'54" East, a distance of 635.82 feet; thence run South 81138'10" East, parallel
with the centerline of said canal, a distance of 2,252.69 feet; thence run North 85125'46" East, parallel with
the centerline of said canal, a distance of 35.27 feet, to the West right of way line of Range Line Road (S.R.
609) and being 75 feet West of the East line of said Section 13, as measured at right angles thereto; thence run
South 00101'30" East, along the said right of way line, a distance of 1,300.00 feet; thence run South 89035'30"
West, parallel with the South line of said Section 13, a distance of 2,900.00 feet; thence run North 00000'32"
East, parallel with the West line of said Section 13, a distance of 1,617.96 feet, to the Point of Beginning; all
lying and being in Sections 12 and 13, Township 37 South, Range 38 East, St. Lucie County, Florida.
Commence at the Northwest corner of Section 13, Township 37 South, Range 38 East, St. Lucie County,
Florida, thence run South 00100'32" West along the West line of said Section 13, a distance of 5.85 feet, to a
line 40.00 feet South of the centerline of the "Herman canal" as measured at right angles thereto, said point
being the Point of Beginning;
Thence run North 87030'54" East, parallel with the centerline of said canal, a distance of 2,340.00 feet; thence
run South 00000'32" West, parallel with the West line of said Section 13, a distance of 1,617.96 feet; thence
run South 89°35'30" West, parallel with the South line of said Section 13, a distance of 2,337.84 feet; thence
continue North 00000'32" East, along the West line of said Section 13, a distance of 1,533.17 feet to the Point
of Beginning; all lying and being in Sections 12 and 13, Township 37 South, Range 38 East, St. Lucie County,
Florida.
The above described property being all of the properties as conveyed in those certain vesting deeds recorded
in Official Records Book 1097, Page 533; Official Records Book 1115, Page 1236; Official Records Book 4572,
Page 2751 and Official Records Book 4572, Page 2753, of the Public Records of St. Lucie County, Florida.
Ordinance No. 2024-37
Page 8 of 8
RON DESANTIS
Governor
CORD BYRD
Secretary of State
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
November 21, 2024
Michelle R. Miller
Clerk & Comptroller
St. Lucie County
2300 Virginia Ave.
Fort Pierce, FL 34982
Dear Michelle Miller,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 2024-37, which was filed in this office on November
19, 2024.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL