HomeMy WebLinkAbout24-035 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5413260 11/26/2024 10:38:07 AM
OR BOOK 5238 PAGE 414-421 Doc Type:ORDN
RECORDING: $69.50
ORDINANCE No. 2024-35
FILE NO.: FLUMA-2303-000022
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA, TO AMEND THE COMPREHENSIVE PLAN FUTURE LAND
USE MAP FOR +/-235.44 ACRES OF LAND OWNED BY OMBU RANCH RANGE
LINE, LLC, FROM AG-5 (AGRICULTURAL-5) TO MXD (MIXED-USE
DEVELOPMENT); ESTABLISHING MXD SUB-AREA POLICIES; 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; PROVIDING FOR CODIFICATION; 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 April 18, 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, placed a sign on the property, provided
by courtesy mailings to owners of property within 500 feet of the subject property,
and recommended approval to the Board of County Commissioners.
5. On August 6, 2024, the Board of County Commissioners of St. Lucie County,
Florida held the required public hearing, of which due notice was published in
the St. Lucie News Tribune, placed a sign on the property, provided courtesy
mailings to owners of property within 500 feet, and voted to transmit the proposed
amendment to the State Land Planning Agency.
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,
Ordinance No.2024-35
Page 1
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 20, 2024, the Treasure Coast Regional Planning Council voted to
adopt the Council's Palermo Estates report, encompassing a memorandum with
recommendations and a conclusion that the proposed development would have
no adverse effects on regional resources or facilities and that no extra
jurisdictional impacts have been identified.
9. 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.
10. On November 12, 2024, the Board of County Commissioners of St. Lucie County,
Florida held the required public adoption hearing, of which due notice was
published in the St. Lucie News Tribune, placed via a sign on the property and
provided by courtesy mailings to owners of property within 500 feet and voted to
adopt the amendment.
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 state its intention to amend the
amendment to the St. Lucie County Comprehensive Plan, attached herein as
Exhibits A & 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 as follows:
1. Amend the St. Lucie County Comprehensive Plan Future Land Use
Map to change the future land use designation from AG-5 (Agricultural
- 5) to the MXD (Mixed Use Development) Future Land Use Map
category for approximately +/-235.44 acres as displayed herein as
Exhibit A; and
2. Amend the St. Lucie County Comprehensive Plan Future Land Use
Map to establish the Palermo Estates Mixed Use Activity Area and
associated Sub Area Policies for the approximately +/-235.44 acres,
identified herein as Exhibit A and Exhibit B.
Ordinance No.2024-35
Page 2
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 Department of Commerce, Community Planning and
Development Programs, 107 East Madison Street, Caldwell Building,
Tallahassee, Florida 32399-4120.
H. EFFECTIVE DATE
This Ordinance shall take effect thirty-one (31) days after the 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. CODIFICATION
This Ordinance, upon its effective date, shall be codified by incorporating any
contained changes into the St. Lucie County Comprehensive Plan.
Ordinance No.2024-35
Page 3
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 12th day of November, 2024.
GOMM/84>
1. BOARD OF COUNTY COMMISSIONERS
ATTEST: 0 44.1 $. N ST. LUCIE COUNTY, FLORIDA
`GC�F CouNr•1‘.
" (1,1A.4 ') B • , I
Deputy Clerk Chair
APPROVED AS TO FORM AND
CORRECTN S:
BY:
County tt rney
Ordinance No.2024-35
Page 4
Exhibit A
COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT
PALERMO ESTATES MIXED USE ACTIVITY AREA
f _ , A u t4 so Nu f,L,w (/,II
'a/ •
'f i4\,F _ Q 71 f//,Ill.
.E$9,p ry ,,
AG'S•
I!-ti/rH
y e*a"a+/ +etj�f'ea
1.i Flryb
/.• •
i.lt 4SC--- is ii'e••:•'•'•r_
•
f••••••••❖• •••❖••••1 SIN. •••••••••••••••❖ i:::�✓i.�!.:._
4
i[ r 1
1
J
y
C bK
OSC ` ti
•
®��,bi4ai ar,•n Pn[A loco:FLU SLC FLU
:ctv al Gott SI.lucre NCO,NEW COMMUNITY DEVELOPMENT AG-S•AaacuRwal,I du/S ac 0 ::10 4.000 6.000 W lei
OSC,CONSENVATION OPEN SPACE MI NO.IWdWAIW Fee, cw
in U,UTILItt IIIII M%D.Mixed
Use Develoot 4W P.N..ATs
Ordinance No.2024-35
Page 5
Exhibit B
COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT—
PALERMO ESTATES MIXED USE ACTIVITY AREA &SUB AREA P1. z.
N :re•'Ag it,t
1,,d��3ggtt �i� e. 1133,,,1Itl19 ,�g71,1
/4‘ :.`.!.4t-z..7-,:r.:,::1.-M :::.,,z:i..,. ,:,:,.,::::.i,i,;:.,..,:,.;,,;•,,...,.::; ,7 `�
as` �-.'.:'•'txr.:::::: n�
..•., r I i,`r` eta
41i
ai
t x i` ggqet Atf
.3
: 1::' ' -..':''. ' . .' ..'. ik !:'.;::::::.....!::':::.t....:''...1''':."1.'''''. ""..........7 ' ::.:.'....'y''''''
r
•..0 .. ..0........1.9f"'.-" '" P
.... .............................
...............►..................I • i a i
`:►��i°i�i°i�a°i°i°i°i�i�i�i°i�i°Oi°�°�°�°i°i°i°i°�°i°i°i°i°i°i°i°i°i°I
r o- fa r
P1. y, r�._ R•
I t 4 3•{ tr 3{V I! ' C I !
_..•
I :...:' .....:.:.:: .. ..�
®Subject Area
... 2.000 4A00 6.000
City of Port St.Lurie UTA,I.
Luw Intensity Feel
my oraoaree�:ii:vza v
PALERMO ESTATES MIXED USE ACTIVITY AREA & SUB AREA POLICIES:
SUB-AREA POLICIES:
St. Lucie County shall manage future growth to enhance the quality of life and safety of County
residents, by providing for the development of site-specific land use and zoning regulations,
subject to limitations and conditions designed to provide for external vehicular connectivity,
preservation of native habitat, and internal pedestrian connectivity. This sub-area shall only
be available to properties within the urban service boundary.
Notwithstanding the other goals, objectives and policies of the Comprehensive Plan,
development in the Palmero Estates Mixed Use Activity Area shall be subject to the site-
specific land use policies as set forth below. If a Comprehensive Plan provision is not
Ordinance No.2024-35
Page 6
specifically addressed within this sub-area policy, then the adopted and effective
Comprehensive Plan provisions, Land Development Code (LDC) and site-specific Planned
Unit Development (PUD) Zoning Regulations, which are in effect on the date of final decision
on a development application shall control.
1. Development permitted within this Mixed-Use property may include residential with a
density of up to three (3) dwelling units per acre, and a height limit of up to 35 feet.
2. Residential uses shall include single-family, duplexes, and multifamily townhomes and
may include age-restricted housing (55+).
3. Development permitted within this Mixed-Use property may include nonresidential uses
limited to an amenity/recreational center with a clubhouse, social building, fitness center,
and recreational passive trails through the preserve area.
4. The restriction for the cul-de-sac length of up to 1,000 feet set forth in LDC Section
7.01.03 will not be applicable to development within this Mixed-Use Property, where
authorized by the St. Lucie County Fire District.
5. The restrictions for building spacing for townhomes set forth in LDC Section 7.04.03 will
not be applicable to the development within this Mixed-Use property.
6. A minimum of 45% of the gross site area must be used as common open space.
7. The Palermo Estates development is required to designate 27.6 acres as a preservation
tract, including native habitat, wetlands, and wetland buffers.
8. Development permitted within the Mixed-Use property is required to preserve a
minimum of 15% of upland habitat, as determined by the final approved wetland
jurisdictional and Environmental Impact Report. Tracking of preserved native uplands
must be submitted and implemented with every development application. Any
requirements for easements, preservation, and other aspects of wetlands and their
associated upland vegetative buffers will be handled during the site plan application for
each phase or pod.
9. Internal development connectivity shall be achieved through a strong pedestrian
network of sidewalks and trails that efficiently connect homes, amenities, and parks.
10. The development shall provide or reserve areas designated for vehicular and pedestrian
interconnectivity with adjacent parcels. Vehicular access shall encourage connectivity
and provide for dispersal and flow of vehicular traffic between adjacent uses.
Connectivity between adjacent developments may include access-controlled facilities.
Ordinance No.2024-35
•
Page 7
11. Traffic generated by the MXD 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
Palermo Estates Planned Development Plan.
12. All development within the MXD shall be serviced by centralized potable water and
sanitary sewer systems. Such centralized services shall be coordinated with St. Lucie
County Utilities. The PUD shall be designed and located so there will be no net public
cost for the provision of water lines, sewage lines, storm and surface drainage systems,
and other utility systems.
13. All real estate transactions within the MXD shall include disclosures noting that the
property is in proximity to existing agricultural uses, a freight railroad line, airstrip, and
truck traffic along Range Line Road. Pursuant to Section 823.14(4), F.S., adjacent
agricultural activities in existence for 1 year or more before the creation of the Palermo
Estates Mixed-Use Activity Area are presumed to not be a nuisance, if the farm activities
and operations conform to generally accepted agricultural and management practices.
14. All development within the Palermo Estates MXD shall occur through the Planned Unit
Development Plan (PUD) process. PUD review and approval shall require a
development agreement or similar binding agreement identifying specific performance
measures and/or mitigation improvements to satisfy transportation concurrency
requirements. Traffic generated by the development which exceeds capacity level of
service shall be mitigated by the development through a schedule of committed roadway
construction projects or payments or alternative conditions, with improvement triggers
as provided in the PUD conditions of approval after having coordinated with both St.
Lucie County and the City of Port St. Lucie. Copies of PUD applications, studies, site
plans and associated documentation submitted to the County shall be shared with the
City of Port St. Lucie for review and coordination.
Ordinance No.2024-35
•
Page 8
RON DESANTIS CORD BYRD
Governor Secretary of State
November 25, 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. 2024-35, which was filed in this office on November
21, 2024.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270