HomeMy WebLinkAbout25-010 RESOLUTION 2025-10
File Numbers: FLUMA 2403-00007 and RZ-2403-000032
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY DENYING THE PETIONED AMENDMENT OF THE
FUTURE LAND USE MAP, OFFICIAL ZONING ATLAS, AND
PRELIMINARY DEVELOPMENT PLAN ON +/- 34.2 ACRES LOCATED
WITHIN ST. LUCIE COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based upon
acceptable evidence, including but not limited to the staff report, presentations made by staff
and the applicant at the public hearing, and public comment, has made the following
determinations:
1. On behalf of the property owner, Midway Cay, LLC., and applicant, Kolter Group
Acquisitions, LLC., Cotleur & Hearing, Inc., submitted a petition to amend the Future
Land Use Map from COM (Commercial) to RU (Residential Urban) on +/-26.2 acres
and RM (Residential Medium) on +/-8 acres and an associated petition to amend the
Official Zoning Atlas from the CG (Commercial, General) Zoning District to the PUD
(Planned Unit Development) Zoning District with a proposed Preliminary Development
Plan, for +/- 34.2 acres located at 2550 W. Midway Road, northwest of the intersection
of S. 25th Street and W. Midway Road, said land being described in Part A.
2. The Board of County Commissioners of St. Lucie, as the governing body of St. Lucie
County has jurisdiction over the application to amend the Future Land Use Map of the
adopted Comprehensive Plan of St. Lucie County pursuant to Chapter 163, Florida
Statutes.
3. On November 21 , 2024, the St. Lucie County Planning and Zoning Commission
acting as the Local Planning Agency held public hearings, of which due notice was
published in the St. Lucie News Tribune, 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 of the Future Land Use Map
and the amendment of the Zoning Atlas and Preliminary Development Plan, to
the Board of County Commissioners, subject to certain recommendations.
4. On January 7, 2025, the Board of County Commissioners of St. Lucie County, Florida
held a public hearing on the proposed amendment of the Future Land Use Map, 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 deny adoption of the amendment.
5. Pursuant to Comprehensive Plan Policy 1.1.1.3., rezoning of the subject land to PUD
(Planned Unit Development) requires the amendment of the Future Land Use Map to
designate a residential future land use for the subject property, which the Board
denied.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
FUTURE LAND USE MAP
A. The property on which the amendment of the Future Land Use Map from COM
(Commercial) to RU (Residential Urban) and RM (Residential Medium) is denied is
described as follows:
Legal Description
"PARCEL A"
THE NORTH 1/2 OF THE SOUTHEAST '/4 OF THE NORTHEAST '/4 OF SECTION 5.
TOWNSHIP 36 SOUTH. RANGE 40 EAST. EXCEPTING ALL RIGHTS OF WAY FOR
PUBLIC ROADS AND DRAINAGE CANALS (ALSO REFERRED TO AS LOTS 82
AND 83, WHITE CITY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 1. PAGE 23, OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA).
LESS A STRIP OF LAND LYING IN SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40
EAST. ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS. COMMENCE AT THE EAST '/4
CORNER OF SAID SECTION 5: THENCE NORTH 00°14'58" WEST. ALONG THE
EAST LINE OF SAID SECTION 5. FOR A DISTANCE OF 39.18 FEET; THENCE
SOUTH 89°50'45" WEST, FOR A DISTANCE OF 40.00 FEET TO THE
INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 712
AND THE WEST RIGHT OF WAY OF SOUTH 25TH STREET; THENCE NORTH
00°14'58" WEST. ALONG SAID WEST RIGHT OF WAY LINE OF SOUTH 25TH
STREET AND PARALLEL WITH THE EAST LINE OF SAID SECTION 5, FOR A
DISTANCE OF 628.42 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTHEAST '/4 OF THE SOUTHEAST '/4 OF THE NORTHEAST '/4 OF SAID
SECTION 5, SAID POINT BEING THE POINT OF BEGINNING:
THENCE CONTINUE NORTH 00°14'58" WEST. ALONG THE WEST RIGHT OF WAY
AND PARALLEL WITH THE EAST LINE OF SAID SECTION 5, FOR A DISTANCE OF
667.58 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST '/4 OF THE
NORTHEAST '/4 OF SAID SECTION 5; THENCE SOUTH 89°53'15" WEST, ALONG
SAID NORTH LINE OF THE SOUTHEAST '/4 OF THE NORTHEAST '/4 OF SAID
SECTION 5. FOR A DISTANCE OF 40.00 FEET; THENCE SOUTH 00°33'50" EAST.
FOR A DISTANCE OF 667.59 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTHEAST '/4 OF THE SOUTHEAST '/4 OF THE NORTHEAST '/4 OF SAID
SECTION 5: THENCE NORTH 89°53'13" EAST, ALONG SAID NORTH LINE OF THE
SOUTHEAST '/4 OF THE SOUTHEAST '/4 OF THE NORTHEAST '/4 OF SECTION 5,
FOR A DISTANCE OF 36.34 FEET, TO THE POINT OF BEGINNING.
"PARCEL B"
THE SOUTH 1/2 OF THE SOUTHEAST 'A OF THE NORTHEAST '/4 OF SECTION 5,
TOWNSHIP 36 SOUTH, RANGE 40 EAST. EXCEPTING ALL RIGHTS OF WAY FOR
PUBLIC ROADS AND DRAINAGE CANALS (ALSO REFERRED TO AS LOT 97,
WHITE CITY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 1, PAGE 23. OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA).
Res. 2025-10
Page 2 File Nos. RZ-2403-000032 & FLUMA 2403-000027
THE SOUTH '/2 OF THE SOUTHEAST '/4 OF THE NORTHEAST % OF SECTION 5,
TOWNSHIP 36 SOUTH, RANGE 40 EAST, EXCEPTING ALL RIGHTS OF WAY FOR
PUBLIC ROADS AND DRAINAGE CANALS (ALSO REFERRED TO AS LOT 97,
WHITE CITY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA).
LESS A STRIP OF LAND LYING IN SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40
EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST '/4
CORNER OF SAID SECTION 5; THENCE NORTH 00°14'58" WEST, ALONG THE
EAST LINE OF SAID SECTION 5, FOR A DISTANCE OF 39.18 FEET; THENCE
SOUTH 89°50'45" WEST, FOR A DISTANCE OF 40.00 FEET TO THE
INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 712
AND THE WEST RIGHT OF WAY LINE OF SOUTH 25TH STREET, SAID POINT
ALSO BEING THE POINT OF BEGINNING;
THENCE NORTH 00°14'58" WEST, ALONG THE WEST RIGHT OF WAY LINE OF
SOUTH 25TH STREET AND PARALLEL WITH THE EAST LINE OF SAID SECTION
5, FOR A DISTANCE OF 628.42 FEET, TO A POINT ON THE NORTH LINE OF THE
SOUTHEAST 'A OF THE SOUTHEAST % OF THE NORTHEAST '/a OF SAID
SECTION 5; THENCE SOUTH 89°53'13" WEST, ALONG SAID NORTH LINE OF THE
SOUTHEAST % OF THE SOUTHEAST % OF THE NORTHEAST % OF SAID
SECTION 5, FOR A DISTANCE OF 36.34 FEET; THENCE SOUTH 00°33'50" EAST,
FOR A DISTANCE OF 608.46 FEET; THENCE SOUTH 89°50'45" WEST, PARALLEL
WITH THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 712, FOR A
DISTANCE OF 1244.57 FEET; THENCE NORTH 89°36'09" WEST, PARALLEL WITH
THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 712, FOR A DISTANCE
OF 2.06 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST % OF THE
NORTHEAST % OF SAID SECTION 5, THENCE SOUTH 00°11'32" EAST, ALONG
SAID WEST LINE OF THE SAID SOUTHEAST % OF THE NORTH % OF SECTION 5,
FOR A DISTANCE OF 20.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY
LINE OF STATE ROAD NO. 712; THENCE SOUTH 89°36'09" EAST, ALONG SAID
NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 712, FOR A DISTANCE OF
1.95 FEET; THENCE NORTH 89°50'45" EAST, ALONG SAID NORTH RIGHT-OF-
WAY OF STATE ROAD NO. 712, FOR A DISTANCE OF 1277.70 FEET, TO THE
POINT OF BEGINNING.
ALSO LESS A PARCEL OF LAND BEING A PORTION OF LOT 97 AS REFLECTED
ON THE PLAT OF WHITE CITY SUBDIVISION, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA, ALSO LYING IN THE NORTHEAST
QUARTER OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE
COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE EAST % CORNER OF SAID SECTION 5; THENCE NORTH
00°14'58" WEST ALONG THE EAST LINE OF SAID SECTION 5, FOR A DISTANCE
OF 59.18 FEET; THENCE AT A DEFLECTION ANGLE OF 89°54'17" TO THE LEFT
AND A BEARING OF SOUTH 89°50'45" WEST, FOR A DISTANCE OF 73.00 FEET
TO A POINT OF INTERSECTION OF THE WEST RIGHT OF WAY LINE OF SOUTH
25TH STREET AS RECORDED AND INTENDED IN OFFICIAL RECORDS BOOK
Res. 2025-10
Page 3 File Nos.. RZ-2403-000032 & FLUMA 2403-000027
596, PAGES 1829 AND 1830. AND AS CORRECTED BY WARRANTY DEED
RECORDED IN OFFICIAL RECORDS BOOK 700, PAGE 1808, AND THE NORTH
RIGHT OF WAY LINE OF STATE ROAD NO. 712 (NOW ST. LUCIE COUNTY) AS
RECORDED AND INTENDED IN OFFICIAL RECORDS BOOK 596. PAGES 1829
AND 1830, AND AS CORRECTED BY WARRANTY DEED RECORDED IN OFFICIAL
RECORDS BOOK 700. PAGE 1808. AND AS REFLECTED ON ST. LUCIE COUNTY
RIGHT OF WAY MAP PREPARED BY WEATHERINGTON LAND SURVEYORS,
ALSO BEING THE POINT OF BEGINNING OF SAID PARCEL OF LAND:
THENCE SOUTH 89°50'45" WEST ALONG SAID NORTH RIGHT OF WAY LINE OF
STATE ROAD NO. 712, ALSO BEING THE SOUTH LINE OF SAID PARCEL, FOR A
DISTANCE OF 326.70 FEET: THENCE NORTH 00°33'50" WEST ON A LINE
PARALLEL TO THE WEST RIGHT OF WAY LINE OF SAID SOUTH 25TH STREET,
FOR A DISTANCE OF 200.00 FEET; THENCE NORTH 89°50'45" EAST ON A LINE
PARALLEL TO THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 712, FOR
A DISTANCE OF 326.70 FEET TO A POINT LYING ON THE AFORESAID WEST
RIGHT OF WAY LINE; THENCE SOUTH 00°33'50" EAST ALONG SAID WEST
RIGHT OF WAY LINE, FOR A DISTANCE OF 200.00 FEET, TO THE POINT OF
BEGINNING.
FURTHER LESS A PARCEL OF LAND BEING A PORTION OF LOT 97, WHITE CITY
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA,
LYING IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND PK NAIL & WASHER STAMPED "PCP LB 4286" AT THE
EAST QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 00°14'50" WEST
ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5,
FOR A DISTANCE OF 59.30 FEET, (BEARINGS ARE BASED ON SAID EAST LINE
OF THE NORTHEAST QUARTER OF SECTION 5 AND ALL OTHER BEARINGS
SHOWN HEREON ARE RELATIVE THERETO); THENCE SOUTH 89°45'10" WEST,
DEPARTING SAID EAST LINE; FOR A DISTANCE OF 73.00 FEET TO THE
INTERSECTION OF THE EXISTING WEST RIGHT OF WAY LINE OF STATE ROAD
615 (SOUTH 25TH STREET) TOGETHER WITH THE EXISTING NORTH RIGHT-OF-
WAY LINE OF STATE ROAD 712 (MIDWAY ROAD); THENCE NORTH 00°33'42"
WEST ALONG SAID WEST RIGHT OF WAY LINE OF STATE ROAD 615 (SOUTH
25TH STREET), FOR A DISTANCE OF 200.00 FEET TO THE INTERSECTION
THEREOF WITH THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF
LAND DESCRIBED IN OFFICIAL RECORDS BOOK 676, PAGE 139 AMONG SAID
PUBLIC RECORDS OF ST. LUCIE COUNTY. SAID INTERSECTION ALSO BEING
THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL 106:
THENCE CONTINUE NORTH 00°33'42" WEST ALONG SAID WEST RIGHT-OF-WAY
LINE, FOR A DISTANCE OF 344.19 FEET; THENCE SOUTH 13°09'25" WEST
DEPARTING SAID WEST RIGHT-OF-WAY LINE, FOR A DISTANCE OF 53.14 FEET;
THENCE SOUTH 00°21'33" EAST, FOR A DISTANCE OF 24.76 FEET; THENCE
SOUTH 01°12'24" EAST, FOR A DISTANCE OF 267.76 FEET TO THE NORTH LINE
OF SAID OFFICIAL RECORDS BOOK 676, PAGE 139: THENCE NORTH 89°50'53"
EAST, ALONG SAID NORTH LINE, FOR A DISTANCE OF 9.67 FEET, TO THE
POINT OF BEGINNING.
Res. 2025-10
Page 4 File Nos.: RZ-2403-000032 & FLUMA 2403-000027
ALL THE ABOVE-DESCRIBED PROPERTY BEING FURTHER DESCRIBED AS
FOLLOWS:
A PARCEL OF LAND LYING IN A PORTION OF SECTION 5, TOWNSHIP 36
SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, AND BEING FURTHER
DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST 1/4 CORNER OF SECTION 5, TOWNSHIP 36 SOUTH,
RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 00°14'26"
WEST, ALONG THE EAST LINE OF SAID SECTION 5, FOR A DISTANCE OF 477.17
FEET; THENCE, DEPARTING SAID EAST LINE, SOUTH 89°45'34" WEST, TO A
POINT ON THE WEST RIGHT-OF-WAY LINE OF SOUTH 25TH STREET, (ALSO
KNOWN AS STATE ROAD 615, AND FORMERLY KNOWN AS HAWLEY ROAD),
FOR A DISTANCE OF 87.42 FEET TO THE POINT OF BEGINNING.
THENCE SOUTH 01°11'57" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, FOR
A DISTANCE OF 217.86 FEET; THENCE DEPARTING SAID WEST RIGHT-OF-WAY
LINE, SOUTH 89°59'42" WEST, FOR A DISTANCE OF 326.71 FEET; THENCE
SOUTH 00°33'50" EAST, FOR A DISTANCE OF 200.00 FEET TO A POINT ON THE
NORTH RIGHT-OF-WAY LINE OF WEST MIDWAY ROAD, (ALSO KNOWN AS
STATE ROAD 712); THENCE SOUTH 89°51'06" WEST, ALONG SAID NORTH
RIGHT-OF-WAY LINE, FOR A DISTANCE OF 899.91 FEET, TO THE
INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF JORGENSEN ROAD;
THENCE, DEPARTING SAID NORTH RIGHT-OF-WAY LINE, NORTH 00°13'09"
WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, FOR A DISTANCE OF 1276.13
FEET; THENCE, DEPARTING SAID EAST RIGHT-OF-WAY LINE, NORTH 89°51'29"
EAST, FOR A DISTANCE OF 1218.38 FEET, TO THE SAID WEST RIGHT-OF-WAY
LINE OF SOUTH 25TH STREET; THENCE SOUTH 00°33'19" EAST, ALONG SAID
WEST RIGHT OF-WAY LINE, FOR A DISTANCE OF 731.92 FEET; THENCE SOUTH
13°07'49" WEST, ALONG SAID WEST RIGHT OF-WAY LINE, FOR A DISTANCE OF
53.14 FEET; THENCE SOUTH 00°23'09" EAST, ALONG SAID WEST RIGHT OF-
WAY LINE, FOR A DISTANCE OF 24.76 FEET; THENCE SOUTH 01°14'00" EAST,
ALONG SAID WEST RIGHT OF-WAY LINE, FOR A DISTANCE OF 49.90 FEET, TO
THE POINT OF BEGINNING OF SAID PARCEL.
The subject property contains 34.2 acres, more or less.
Parcel ID Number: 3403-502-0145-000-5
ZONING ATLAS AMENDMENT AND PRELIMINARY PUD SITE PLAN
B. The requested amendment of the Zoning Atlas and the Preliminary Development Plan
for the property described in Part A above could not be considered by the Board of
County Commissioners due to the denial of the requested amendment of the Future
Land Use Map and the inconsistency of the PUD Zoning District with the COM
(Commercial) Future Land Use designation of said property. Therefore, the requested
amendment of the Zoning Atlas and the Preliminary Development Plan proposed for
the property described in Part A is denied.
C. A copy of this Resolution shall be provided to the owner of record as identified on the
Res. 2025-10
Page 5 File Nos.: RZ-2403-000032 & FLUMA 2403-000027
application.
D. This Resolution shall be recorded in the Public Records.
E. ADOPTION
After motion and second, the vote on this Resolution was as follows:
Jamie Fowler, Chair AYE
Larry Leet, Vice-Chair NAY
James Clasby, Commissioner AYE
Erin Lowry, Commissioner AYE
Cathy Townsend, Commissioner NAY
PASSED AND DULY ADOPTED this 7th day of January, 2025.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
•
BY.
CHAIR
ATTEST: D AS TO FORM AND
CORRECTNESS:
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DEPUTY CL RK : COUNTY A ORNEY
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Res. 2025-10
Page 6 File Nos.: RZ-2403-000032 & FLUMA 2403-000027
EXHIBIT A
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Res. 2025-10
Page 7 File Nos.. RZ-2403-000032 & FLUMA 2403-000027