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HomeMy WebLinkAboutAgenda Packet 09.16.2021PLANNING & ZONING COMMISSION AGENDA ST. LUCIE COUNTY Regular Meeting Thursday, September 16, 2021 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS CHAIRMAN JAMES TAYLOR VICE-CHAIRMAN ROBERT LOWE BOARD MEMBER CRAIG MUNDT BOARD MEMBER VALERIE SLACK BOARD MEMBER CRAIG BRIDGERS BOARD MEMBER ED LOUNDS AT-LARGE BOARD MEMBER LAWRENCE “BEAU” SLAY BOARD MEMBER WILLIAM O’DELL AT-LARGE BOARD MEMBER RYAN BINNER EX-OFFICIO BOARD MEMBER MARTY SANDERS Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life Page 1 of 79 Regular Meeting Thursday, September 16, 2021 6:00 PM 2 | P a g e WELCOME Please turn off all cellular phones and pagers prior to entering the Commission Chambers. Please note that the Planning and Zoning Commission/Local Planning Agency serves in an advisory capacity to the St. Lucie County Board of County Commissioners and has the power to review and make recommendations to the Board, for approval or disapproval, on any applications within their area of responsibility. The Planning and Zoning Commission strongly encourages your input and comment at the public hearing. Please limit comments to three minutes if possible and be respectful of others’ opinions. For public convenience, all meetings are televised and are provided with wireless internet access. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the Human Resources Department at (772) 462-1546, HumanResources@stlucieco.org or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Page 2 of 79 Regular Meeting Thursday, September 16, 2021 6:00 PM 3 | P a g e 1.CALL TO ORDER 2.PLEDGE OF ALLEGIANCE 3.INVOCATION 4.ROLL CALL 5.ANNOUNCEMENTS 6.DISCLOSURE(S) 7.MINUTES A.St. Lucie County Planning & Zoning Commission minutes for the meeting of July 15, 2021. 8.PUBLIC COMMENT 9.PUBLIC HEARINGS A.Travelcamp Small-Scale Future Land Use Map Amendment - Petition for an amendment to the Comprehensive Plan Future Land Use Map to predesignate the southern 1.75-acre portion of the subject parcel from T/U (Transportation/Utilities) to the COM (Commercial) category. - THIS ITEM IS QUASI-JUCIDIAL BOARD MEMBER DISCLOSURES B.A County initiated a Comprehensive Plan Amendment to include a new element entitled Property Rights. Legislation was passed this year that requires each local government to adopt a property rights element as a part of their Comprehensive Plan. ACTING AS THE LOCAL PLANNING AGENCY BOARD MEMBER DISCLOSURES 10.WORKSHOPS 11.OTHER BUSINESS Page 3 of 79 Regular Meeting Thursday, September 16, 2021 6:00 PM 4 | P a g e 12.ADJOURN Page 4 of 79 Planning & Zoning Commission Meeting Thursday, July 15, 2021 6:00 PM 1 | P a g e Present Excused PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA Regular Meeting July 15, 2021 Convened: 6:00 PM Adjourned: 9:16 PM 1. CALL TO ORDER The meeting was called to order by Chair Taylor at 6:00 PM. 2. PLEDGE OF ALLEGIANCE 3. INVOCATION The invocation was led by Mr. Slay. 4. ROLL CALL Chair James A. Taylor, Vice-chair Bob Lowe, Board Member Billy O'Dell, Board Member Craig Mundt, Board Member Ed Lounds, Board Member Lawrence "Beau" Slay, Board Member Ryan Binner, Board Member Valerie Slack, Board Member Craig Bridgers Ex-Officio Marty Sanders 5. ANNOUNCEMENTS Chair Taylor moved Agenda Item 9B, Friends I, LLC, Text Amendment to the Land Development Code, first. 6. DISCLOSURE(S) No general disclosures. Chair Taylor stated that disclosures pertaining to individual items will be given during the time the item will be presented. Page 5 of 79 Planning & Zoning Commission Meeting Thursday, July 15, 2021 6:00 PM 2 | P a g e APPROVE with Corrections Vice-chair Bob Lowe Board Member Craig Bridgers Chair James A. Taylor, Bob Lowe, Billy O'Dell, Craig Mundt, Ed Lounds, Lawrence "Beau" Slay, Ryan Binner, Valerie Slack, Craig Bridgers None None RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: 7. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of June 17, 2021. Ms. Slack noted that the second sentence in Section 7 (Disclosures) of the 6/17 P&Z Meeting minutes needed to be corrected by changing 9C - Sampson Tree Service to 9A – Southern Truss. The change is reflected in bold: "Ms. Slack stated that she spoke with Mr. Byers a year ago regarding putting together a proposal for item 9A – Southern Truss, but they did not move forward." RESULTS: Approve with noted corrections above. 8. PUBLIC COMMENT No public comment. 9. PUBLIC HEARINGS A. Friends I, LLC, filed a Text Amendment to the Land Development Code, Chapter VII, Development Design and Improvement Standards, Section 7.02.02.B. - Permitted Uses to allow Recreational Vehicle Parks (RVP) within commercial areas, subject to the requirements of Section 7.10.16 (SIC 7033) within the Planned Non-Residential Development (PNRD) Zoning District. BOARD MEMBER DISCLOSURES Mr. Mundt disclosed that LHS Law Firm is the registered agent for a non-profit of which he is a member of the board of directors; he discussed the issue with the County attorney's office and confirmed that it is not a conflict. Chair Taylor disclosed that he had brief correspondence with the LHS Law Firm. Chair Taylor and Vice-chair Lowe confirmed that the Board members received an email from the law firm. STAFF PRESENTATION: Presented by Jodi Nentwick, Senior Planner. A County initiated Text Amendment to the Land Development Code amending the provisions Page 6 of 79 Planning & Zoning Commission Meeting Thursday, July 15, 2021 6:00 PM 3 | P a g e APPROVE Board Member Lawrence "Beau" Slay Board Member Billy O'Dell Chair James A. Taylor, Vice-chair Bob Lowe, Billy O'Dell, Craig Mundt, Ed Lounds, Lawrence "Beau" Slay, Ryan Binner, Valerie Slack, Craig Bridgers None None RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: for new construction or substantial improvements of any residential structure in recreational vehicle park to meet the requirements of the Flood Resistant Construction chapter of the current adopted Residential Florida Building Code. STAFF RECOMMENDATION: The proposed Text Amendment is consistent with the standards of review set forth in the St. Lucie County Land Development Code Section 11.06.03 and the St. Lucie County Comprehensive Plan Goals, Objectives, and Policies. Staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners AGENT PRESENTATION: Brad Currie with Engineering, Design and Construction provided a brief summary of the request and made himself available for any questions. Mr. Mundt inquired about the zoning pertaining to this request; Mr. Currie confirmed that this text amendment request applies only to Commercial General zoning. RESULT: Approve B.Reserve Residential Village, LLC submitted a request for a Preliminary/Final Planned Unit Development (PUD) Site Plan for nine (9) multi-family apartment buildings, encompassing a total of 324 units, and retention of forty-two (42) existing vacation resort units, within the PUD (Planned Unit Development) Zoning District. - THIS ITEM IS QUASI-JUDICIAL BOARD MEMBER DISCLOSURES Presented by Kris McCrain, Associate Planner. The Reserve DRI is to the east of Glades Cut-Off Road, west of Interstate 95, and north of Crosstown Parkway. The collective 25.08-acre parcels, are located within the Reserve DRI, situated east of Champions Way and south of Commerce Centre Drive, adjacent to the former PGA Learning Center. The surrounding uses include commercial & non-residential to the north and east; The surrounding uses include commercial & non-residential to the north and east; Single-Family development to the south and west; vacation Rental units to the west; condominium units to the northwest and the golf course to the west. In accordance with public notice requirements outlined in Section 11.00.03 of the St. Lucie Page 7 of 79 Planning & Zoning Commission Meeting Thursday, July 15, 2021 6:00 PM 4 | P a g e County Land Development Code, advertisement for this Public Hearing was placed in the St. Lucie Tribune on Saturday, July 3, 2021, notices were mailed to adjacent property owners located within 500 feet of the subject properties, and two signs were placed on the subject properties. On January 6, 1998, the Board of County Commissioners granted Final PUD Site Plan approval, via Resolution 98-006, for the project known as the Vistana Resort at the Reserve. This approval provided for 387 Timeshare Vacation Rental Units within 27 three-story buildings and associated amenities, including a pool, recreation field, and basketball court. A later adjustment to the PUD Site Plan refined the development from 387 to 306 vacation timeshare units, via twenty-seven (27) buildings. Currently, 3 of the 27 approved buildings with a total of 42 units and the welcome center have been completed. Reserve Residential Village, LLC submitted a preliminary & Final Planned Unit Development Site Plan application for the Reserve Residential Village PUD. The submitted Preliminary & Final Planned Unit Development application seeks to amend the previously approved Vistana PUD and allow for 324 units within 9 multi-family buildings, while retaining the existing 42 timeshare units and associated welcome center and pool, as identified in the red shaded area on the map. The existing Vistana PUD and proposed Reserve Residential Village PUD will operate independently of one-another with the two sites being separated by an 8-foot masonry wall and associated landscaping to create a distinction between the two communities. The proposed 324 units include one & two-bedroom apartments and on-site amenities, including a gym, pool, dog park, children's playground, walking trails, and nature preserve. Access for the Reserve Residential Village PUD will be served via gated access on Commerce Centre Drive, with an emergency gated access located at the southwest of the site through the Vistana site to Champions Way. The Vistana PUD will also retain current site access on Champions Way. Based on the Institute of Transportation Engineers 10th Edition Trip Generation Manual, the previously approved Vistana PUD, the 387 units would generate 2,105 total daily trips, with 124 AM peak hour trips and 259 PM peak hour trips. Based on the Traffic Impact Report submitted by the applicant and reviewed by the County’s traffic consultant, the proposed Reserve Residential Village PUD is expected to generate 1,764 total daily trips, with 108 AM peak hour trips and 137 PM peak hour trips. The combined traffic impact for the proposed 324 multi-family units, and the existing 42 vacation rental units would generate 1,992 total daily trips, with 117 AM peak hour trips and 150 PM peak hour trips. The proposed multi-family buildings within the Reserve Residential Village PUD present a deviation from the Building Spacing Formula outlined in Section 7.04.03 of the Land Development Code. This deviation is proposed in order to provide a compact spatial relationship between structures, whereas the existing PUD provides more buildings dispersed broadly across the site. Pursuant to Land Development Code Section 7.10.24, the submitted architectural renderings and elevations have been reviewed and are in compliance with the County’s Architectural standards. The buildings will be constructed at a maximum height of 32-feet and provide a Page 8 of 79 Planning & Zoning Commission Meeting Thursday, July 15, 2021 6:00 PM 5 | P a g e mixture of traditional and modern elements, including vertical sliding doors, large windows, metal canopies, and raised cornices at the roof parapets. An Environmental Impact Report was submitted and reviewed by the Environmental Recourses Department, in accordance with Land Development Code Section 11.02.09. additionally, the submitted landscape plan was reviewed and approved in accordance with Section 7.09.00 of the Land Development Code. STAFF RECOMMENDATION: Approve subject to the following conditions: 1. Prior to the issuance of a Site Development Permit, the site plan shall be updated to provide an internal school bus stop located adjacent to the project entrance, further complying with required queuing distances. 2. Prior to the issuance of a Certificate of Occupancy, a west-bound, left-in turn lane shall be constructed to serve the Commerce Centre Drive entrance. 3. Prior to the issuance of the issuance a Certificate of Occupancy for the residential construction, the planned common recreation facilities shall be completed. 4. Within 30 days of Vegetation Removal Permit or Exemption issuance, the baseline monitoring report outlined in the Preserve Area Monitoring and Management Plan shall be submitted to the Environmental Resources Department. 5. Prior to issuance of the Vegetation Removal Permit or Exemption, the Tillandsia spp. within the development area shall be relocated to the proposed preserve area. 6. Within 60 days of issuance of a Vegetation Removal Permit or Exemption, all Category I listed invasive species shall be removed. 7. Prior to issuance of a Vegetation Removal Permit or Exemption, listed species surveys, including but not limited to gopher tortoises, shall be updated as required per state and/or federal survey protocol. Should any listed species be found as a result of these updated surveys, appropriate permits from state and federal agencies shall be required. 8. Following Final PUD Site Plan approval, the developer shall submit a plat in accordance with Section 11.03.02 of the St. Lucie County Land Development Code. a. Unless provided for in the Plat, prior to the issuance of a Certificate of Occupancy, a cross access easement shall be recorded for the proposed emergency access located between the Vistana Resort and the subject parcel. APPLICANT/ AGENT PRESENTATION: Dan Sorrow, Land Planner with Cotleur & Hearing discussed the various public outreach efforts/ community meetings. Presented a detailed overview of the proposal and site plan, aerial view, traffic, environmental protection and landscaping, architectural design, photos, interior and exterior design, utility and drainage, community commitment safety and wellness, and so forth. Bob Raynes, Land Use Attorney with Gunster Law Firm, discussed concerns about the conditions pertaining to school bus requirements. Requested that paragraph G. of the Site Plan Approval document be amended. Page 9 of 79 Planning & Zoning Commission Meeting Thursday, July 15, 2021 6:00 PM 6 | P a g e Mr. Lounds requested clarification regarding Mr. Raynes request to amend paragraph G of the Site Plan Approval document. Jason Harrison, Drainage Engineer with Engineer Design & Construction (EDC), provided clarification to Mr. Lounds on the location of water outfall/ drainage. Mr. Mundt inquired about the status of the PUD Zoning Resolution 1998 -- whether it is expired. Kori Benton, Planning Manager, confirmed that the resolution is active. Mr. Mundt inquired about staffs timeliness to respond to legal counsels' request for information. Mr. McCrain confirmed that staff responded to inquiries received. Mr. Sorrow responded to Mr. Mundt’s' inquiries regarding the applicants neighborhood community outreach efforts/ community meetings; access to the subject property, the unauthorized land clearing, the proposed landscape/ environmental plan, the proposed 8-foot wall, so forth. Chair Taylor, Vice-chair Lowe, Ms. Slack, Mr. Mundt, Mr. Lounds inquired about the lake, wildlife, fire department access, turn-a-round and dumpster access, rental rates, rental criteria, playground, COVID response, build-out plan/ timeframe, proposed phasing, green technology, unit size and parking allocation. Toby Overdorf, Vice President Engineering, Design & Construction responded to inquiry pertaining to wildlife. Kris and Kori responded to fire access inquiry. Alex Ballina, Director of Asset Management with AHS provided price ranges for their rental units and rental criteria, plans for playground area, number of units constructed nationally, COVID- response for rental assistance, build-out plan, green technology, parking allotment or restrictions. PUBLIC COMMENT: Steve N., President of PGA Association, opposes the proposal and expressed his concern specifically noting that the permitted conversion is timeshare to condos/townhomes, not apartments. Jenny Sherlock, Attorney for the association opposes the proposal and expressed concern and stated that the proposal is not compatible with surrounding land uses and will not enhance surrounding neighborhoods. She also expressed her confusion pertaining to the size and address of the proposed development and the 1998 Approval document. Dr, Madeleine Warns, presenting on behalf of Brad Braun, an Oncologist and owner of Sustainable Ecosystemss International submitted photographs and a two-page exhibit (copy of an article and map) titled: "Toxins That Travel Through Air". She expressed her concerns about the native birds, animals, water contamination, and potential health issues. Cheryl Demsy, 7964 Saddlebrook drive, opposes the proposal and expressed her concern, specifically regarding the potential influx of traffic. Emmit Demsy 7964 Saddlebrook drive, opposes the proposal. Page 10 of 79 Planning & Zoning Commission Meeting Thursday, July 15, 2021 6:00 PM 7 | P a g e Jule Norsworthy, 10137 Spyglass Lane, opposes the proposal, specifically noting that the DRI amended Resolution 04-081 contains a conversion matrix which does not allow rental buildings. Vincent Priore, 8909 Champions Way, opposes the proposal. He expressed concerns about lighting and the project compatibility. Delores Johnson, 430 N 19th St., opposes the proposal, specifically expressed concerns for the quality of life and the project impacts on the land, air and water. James Gilgenbach, 9009 One Putt Place, a registered architect and member of the Architecture Review Committee, opposes the proposal, specifically expressed his concerns about the applicant’s failure to participate in a scheduled meeting to make a presentation before the Architecture Review Committee. He also expressed his concerns for the proposed design of the roof and its capability with the current structures in PGA. Marcia Haines, 9212 Wentworth Lane, opposes the proposal and expressed concerns for the quality of life. Sal Schifilliti, 8700 Thompson Point Road, President of the Association of Thompson Point Road, opposes the proposal, specifically noting its incompatibility. Fred Daly, 9041 Champions Way, opposes the proposal, specifically noting its incompatibility. Mario De Oliveira, 7924 Saddlebrook Drive, opposes the proposal, expressed concerns for air and water quality, and the wildlife on the property. Tina Estrella, 8824 Champions Way, opposes the proposal and expressed concerns regarding the outcome of the community meetings and, the incompatibility of the proposal. Jack, 8845 One Putt Place, opposes the proposal, and specifically expressed concerns regarding traffic congestion. Kori Benton and Bob Raynes responded to Ms. Slack’s inquiry regarding whether the DRI precludes apartments. Further discussion pertaining to the legality/ governing jurisdiction of the ARC (Architecture Review Committee) decisions regarding architectural design in the DRI. Further discussion among staff, the agent, the public and the Board regarding the proposed size, compatibility, the development timeframe, the ARC's forcible rulings, potential building height reduction and impacts and compatible land uses of the proposal. RESULT: Deny Page 11 of 79 Planning & Zoning Commission Meeting Thursday, July 15, 2021 6:00 PM 8 | P a g e DENY Board Member Lawrence "Beau" Slay Board Member Billy O'Dell James A. Taylor, Bob Lowe, Billy O'Dell, Craig Mundt, Lawrence "Beau" Slay, Ryan Binner, Valerie Slack Ed Lounds, Craig Bridgers None RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: 10. WORKSHOPS None. 11. OTHER BUSINESS None. 12. ADJOURN The meeting was adjourned at 9:16pm. Page 12 of 79 ITEM NO.(ID # 2021-52324) DATE:9/16/2021 AGENDA REQUEST TO:Planning and Zoning Commission PRESENTED BY:Kristopher McCrain, Associate Planner SUBMITTED BY:Planning & Development Services SUBJECT:Travelcamp Small-Scale Future Land Use Map Amendment - Petition for an amendment to the Comprehensive Plan Future Land Use Map to predesignate the southern 1.75-acre portion of the subject parcel from T/U (Transportation/Utilities) to the COM (Commercial) category. - THIS ITEM IS QUASI-JUCIDIAL BOARD MEMBER DISCLOSURES BACKGROUND: Petition submitted by McCarty & Associates on behalf of Travelcamp, LLC, for a Small-Scale Amendment to the Comprehensive Plan Future Land Use Map, to redesignate the south 1.75 acres of the subject parcel, located on the east side of S. US Highway 1, from the T/U (Transportation/Utilities) to the COM (Commercial) category. The applicant has submitted a concurrent Minor Site Plan application to construct a 6,000 ft2 display/showroom and an 8,000 ft2 maintenance shop for Recreational Vehicle sales. PREVIOUS ACTION: On January 6, 2004, the Board of County Commissioners granted an Amendment to the Comprehensive Plan, via Ordinance 04-004, which designated a 1.75-acre portion of the subject 4.95-acre from Commercial (COM) to the T/U (Transportation/Utilities) category. The applicant is seeking a COM (Commercial) Future Land Use designation for compatibility with the existing CG (Commercial General) Zoning District. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners. COMMISSION ACTION: Page 13 of 79 RESULT: MOVER: SECONDER:None AYES:None NAYS:None EXCUSED:None Coordination/Signatures Date: September 10, 2021 Benjamin Balcer, Planning & Development Services Assistant Director Date: September 10, 2021 Leslie Olson, Planning & Development Services Director Date: September 13, 2021 Daniel McIntyre, County Attorney Date: September 13, 2021 Mark Satterlee, Deputy County Administrator Page 14 of 79 Hearing Date: Thursday September 21, 2021 _______________________________________________ Applicant: Salem Hassan Travelcamp, LLC 9070 Beach Boulevard Jacksonville, FL 32216 Agent of Record: Michael McCarty McCarty & Associates 309 SW Osceola Street, Suite 104 Stuart, FL 34994 Project Location: TBD – South U.S. Highway 1 Port St. Lucie, FL 34982 Project File Number: FLUMA-7202126098 Parcel ID Number: 3415-501-0009-000-4 Zoning District: CG (Commercial, General) Existing Future Land Use: T/U (Transportation/Utilities) & COM (Commercial) Proposed Future Land Use: COM (Commercial) Future Land Use Map Amendment Travelcamp From T/U to COM Project Description Petition submitted by McCarty & Asso-ciates on behalf of Travelcamp, LLC, for an Amendment to the Comprehen- sive Plan Future Land Use Map, to re- designate the 1.75-acre southern por- tion of the subject parcel from T/U (Transportation/Utilities) to the COM (Commercial) category. A Minor Site Plan application is being concurrently reviewed for the subject property to construct a 6,000 ft2 dis- play/showroom and an 8,000 ft2 maintenance shop for Recreational Vehicle sales. Site plan approval is contingent on the petition for Amend- ment to the Comprehensive Plan— Future Land Use Category. Background The applicant has submitted a concur- rent Minor Site Plan application to con-struct a 6,000 ft2 display/showroom and an 8,000 ft2 maintenance shop for Rec- reational Vehicle sales. On January 6, 2004, the Board of County Commissioners granted an Amendment to the Comprehensive Plan, via Ordinance 04-004, which des- ignated a 1.75-acre portion of the sub- ject 4.95-acre from Commercial (COM) to the T/U (Transportation/Utilities) cat- egory. The applicant is seeking a COM (Commercial) Future Land Use desig- nation for compatibility with the existing CG (Commercial General) Zoning Dis-trict. Notice Requirements Public hearing notice in accordance with Section 11.00.03 of the Land De- velopment Code was placed in the St. Lucie News Tribune on September 3, 2021, letters were mailed to property owners within a 500 foot radius, and a sign placed on the property. Staff Recommendation Staff recommends the Planning and Zoning Commission forward a recom- mendation of approval to the Board of County Commissioners. Planning and Development Services Department (772) 462-2822 PLANNING AND ZONING COMMISSION Page 15 of 79 PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Planning Division Memorandum TO:Leslie Olson, AICP, Director THROUGH:Benjamin Balcer, AICP, Assistant Director Kori Benton, AICP, Assistant Planning Manager FROM:Kristopher McCrain, Associate Planner DATE:September 8, 2021 SUBJECT:Travelcamp Small-Scale Future Land Use Map Amendment (FLUMA7202126099) McCarty & Associates submitted an Amendment to the Comprehensive Plan Future Land Use Map on behalf of Travelcamp, LLC, to redesignate the southern 1.75-acres of the 4.95-acre subject parcel from the T/U (Transportation/Utilities) to the Commercial (COM) category. GENERAL INFORMATION: Applicant &Salem Hassan Property Owner:Travelcamp, LLC 9070 Beach Boulevard Jacksonville, FL 32216 Agent:Michael McCarty McCarty & Associates 309 SW Osceola Street, Suite 104 Stuart, FL 34994 Location: TBD-South U.S. Highway 1 (East Side, approximately 380-feet south of Easy Street and the Indian River Estates residential subdivision) Parcel Numbers: 3415-501-0009-000-4 Parcel Size:4.95-acres (1.75-acre Petition Area) Zoning: CG (Commercial, General) Existing Future COM (Commercial) & Land Uses: T/U (Transportation/Utilities) Proposed Future Land Use: COM (Commercial) Existing Use: Vacant Proposed Use: Recreational Vehicle Sales & Maintenance Urban Service Page 16 of 79 Project Name: Travelcamp Future Land Use Map Amendment File No.: FLUMA-7202126098 2 Boundary (USB): The subject property is located within the USB (Urban Service Boundary). Utilities: Water and wastewater services will be provided by the City of Port St. Lucie Utilities Service Department Fire/EMS Protection: Station #6 White City (350 E Midway Road) is located approximately 2.0 miles north of the subject parcel. Transportation Impacts:The proposed 14,000 ft2 development will generate 0.77 PM peak hour trips per 1,000 ft2 and an average of 5.0 trips per 1,000 ft2 or 70 trips per day. 2018 Aerial Map BACKGROUND: On July 13, 2021, McCarty & Associates submitted a small-scale Amendment to the Comprehensive Plan Future Land Use Map on behalf of Travelcamp, LLC, to redesignate a 1.75-acre portion of the 4.95-acre subject parcel from T/U (Transportation/Utilities) to the Commercial (COM) category. A concurrent Minor Site Plan application proposes a 6,000 ft2 display/showroom and an 8,000 ft2 maintenance shop for Recreational Vehicle sales and service. The 4.95-acre subject parcel is located on the east side of US Highway 1, approximately 380 feet south of Easy Street and the Indian River Estates residential subdivision in Fort Pierce. The parcel is zoned CG (Commercial, General), with COM (Commercial) and T/U (Transportation) Future Land Use Designations. The site is located within the Urban Service Boundary (USB). Amendment Area Page 17 of 79 Project Name: Travelcamp Future Land Use Map Amendment File No.: FLUMA-7202126098 3 The submitted site plan identifies building layout/footprint, utility connections, vehicular site access, parking loading, lighting, and landscaping. On January 6, 2004, the Board of County Commissioners granted an Amendment to the Comprehensive Plan, via Ordinance 04-004, which designated a 1.75-acre portion of the subject 4.95-acre from Commercial (COM) to the T/U (Transportation/Utilities) category. The applicant is seeking a COM (Commercial) Future Land Use designation for compatibility with the existing CG (Commercial General) Zoning District. ************************************************************************************* FUTURE LAND USE MAP AMENDMENT STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing petitions for amendments to the Future Land Use Map, the Planning and Zoning Commission shall only be granted if the applicant demonstrates the following: A. Whether the proposed amendment conflicts with any applicable portions of the Land Development Code: The 4.95-acre parcel is zoned CG (Commercial, General), which is compatible with the COM (Commercial) Future Land Use, however, the CG Zoning District is not compatible with the 1.75-acre portion of the parcel designated by the T/U (Transportation) Future Land Use. The subject parcel is located within the USB (Urban Service Boundary). The purpose of the CG (Commercial, General) Zoning District is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. Dimensional Standards: The 4.95-acre subject parcel complies with the minimum Lot Size and Dimensional Requirements for the CG (Commercial, General) Zoning District, pursuant to LDC Section 7.04.01 (Table 7-10). Table 7-10 Lot Size and Dimensional Requirements Minimum Yard Zoning District Min Lot Size (sf) Min. Lot Width Min. Road Frontage Front Rear Side Side @ Corner Max Bldg. Height Max Lot Coverage CG (Commercial, General) 20,000 ft2 100 ft.60 ft.25 ft.20 ft.10 ft.20 ft.60 ft.50% B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan: Page 18 of 79 Project Name: Travelcamp Future Land Use Map Amendment File No.: FLUMA-7202126098 4 The 4.95-acre parcel is zoned CG (Commercial, General), which is compatible with the COM (Commercial) Future Land Use, however, the CG Zoning District is not compatible with the 1.75-acre portion of the parcel designated by the T/U (Transportation) Future Land Use. The proposed amendment shall provide consistency with the St. Lucie County Comprehensive Plan Policy 1.1.1.3. Policy 1.1.1.3 – The Future Land Use Map establishes the proposed long-range distribution and general use of property within the county. The following table shall be used to determine consistency of future land use designations and zoning districts to identify compatible zoning districts. Any zoning district that is not consistent with the Future Land Use designation according to the Consistency Matrix, shall not be applied for, permitted, or approved; without a corresponding proposed future land use map amendment request. Future Land Use Categories Matrix Zoning District COM (Commercial)T/U (Transportation/Utilities) CG (Commercial, General)Compatible Designation Incompatible Designation Pursuant to the St. Lucie County Comprehensive Plan – Future Land Use Element, the purpose of the T/U (Transportation/Utilities) Future Land Use designation is to recognize the Transportation or Utility use of property. This designation may be applied as appropriate subject to review of the specific application and intended use of the property. The Transportation/Utilities (T/U) land use designation has been applied principally to the following four (4) areas: Treasure Coast International Airport The St. Lucie County Landfill The St. Lucie Power Plant site located on South Hutchinson Island The Florida Power and Light-Midway switching station along West Midway Road The Development Review Committee (DRC) has reviewed this petition and determined it complies with the following land use designation: Pursuant to the St. Lucie County Comprehensive Plan – Future Land Use Element, the Commercial (COM) Future Land Use designation is applicable to areas of future commercial development, in addition to those existing developed commercial areas. Future commercial areas should be located at points of high transportation access, with specific action taken to prevent the development of new linear commercial strips. Although this plan supports the location of higher intensity commercial uses at the intersection of arterial roadways, it should not be interpreted to mean that every intersection should be designated for commercial activities. Unless otherwise designated on the future land use maps, applications for commercial use should be done in conjunction with a detailed review of the impacts of such development on adjacent property, specifically noting what, if any, negative neighborhood impacts could result from a map amendment. The Commercial (COM) designation is intended to accommodate all commercial zoning districts as identified under St. Lucie County's Land Development Code. Office and general retail uses are considered the principal uses within the COM designated areas. The Development Review Committee (DRC) has reviewed this petition and determined it complies with the following Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Page 19 of 79 Project Name: Travelcamp Future Land Use Map Amendment File No.: FLUMA-7202126098 5 Objective 1.1.2: Growth Management. St. Lucie County shall manage how and where growth occurs by using sustainable development and balanced planning practices. The County shall manage the land use patterns designated on the Future Land Use Map comprehensively, consistently, and effectively to enhance the quality of life for its citizens, promote economic vitality, and accommodate projected population growth and development in an environmentally acceptable manner. Policy 1.1.2.1: The adopted Future Land Use Map Series and any amendments shall promote responsible growth management practices. When considering any amendment to the Future Land Use Maps of the County’s Comprehensive Plan, the County Commission shall make the following findings, supported by the other elements of this Plan, prior to taking any approval actions granting an individual amendment to the Future Land Use Maps: 1. That the property under land use amendment application is adjunct to, or within no more than one-quarter mile of the same or greater type of land use classification. 2. That the property under land use amendment consideration lies within the Five-Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County (or can be reasonably accommodated with an amendment to the Master Plan) or otherwise meets the requirements of Policy 1.1.5.4 [formerly Policy 1.1.5.3]. Policy 1.1.2.2: In accordance with Florida Statutes, proposed future land use map amendments to the County’s Comprehensive Plan, shall be based upon the following analyses: 1. An analysis of anticipated growth. 2. An analysis of the availability of facilities and services. 3. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. 4. An analysis of compatibility of adjacent land uses. 5. An analysis of the need for job creation, capital improvement, and economic development that will strengthen and diversify the community’s economy. 6. A consultation with the Florida Department of Transportation when it is determined that a proposed amendment has the potential to affect facilities on the Strategic Intermodal System. Pursuant to the St. Lucie County Comprehensive Plan - Policies 1.1.2.1 & 1.1.2.2, the subject parcel is adjunct to, or within less than a ¼ mile of the COM (Commercial) Future Land Use. The parcels situated to the north, west, and east are designated by the COM Future Land Use designation. Furthermore, water and wastewater services are available for the proposed development. Objective 1.1.10: Commercial Areas. St. Lucie County shall provide for the establishment of commercial zoning districts where various types of commercial retail, including commercial uses for retail trade, office and service activities and general commercial uses for highway-oriented sales and services; light industrial service uses; and hotel uses may be permitted at intensities which are consistent and compatible with the surrounding community and the natural environment. Policy 1.1.10.1: The implementation of the County's Land Development Code the Commercial General (CG) zoning district shall include: Page 20 of 79 Project Name: Travelcamp Future Land Use Map Amendment File No.: FLUMA-7202126098 6 a) New Commercial General (CG) property shall have available to it at the time of any zoning change central water services or have an executed service agreement for the provision of central water services necessary for both domestic and fire protection purposes. b) New Commercial General (CG) property shall not be located within 300 feet of any Aquatic Preserve or other specially designated aquatic habitat, or a Category I Wetland as described in the Conservation Element of this Plan. c) New Commercial General (CG) areas shall have immediate access to the regional transportation network. d) New Commercial General (CG) property shall have a minimum lot size of one (1) acre, unless the property is being added to another existing commercially (general) zoned property. C. Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land uses: The subject parcel is situated along US Highway 1 with similar CG (Commercial, General) zoned properties located to the north, south, east, and west. US Highway 1 is a state owned and maintained arterial roadway, which is suitable to serve commercial uses. Adjacent Land Uses: D. Whether there have been changed conditions that require an amendment: The subject parcel was purchased from St. Lucie County on April 30, 2019. Prior to the 2019 sale, the subject parcel was intended for future Right-of-Way to serve the Lennard Road expansion project. Upon the purchase of the subject parcel, the property owner was unaware of the split land use designations, which was approved by the Board of County Commissioners on January 6, 2004 through an Amendment to the Comprehensive Plan, via Ordinance 04-004. The applicant is seeking a uniform COM (Commercial) Future Land Use designation for compatibility with the existing CG (Commercial General) Zoning District. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity Location Zoning District Future Land Use Existing Land Use Subject Property CG (Commercial, General) COM (Commercial) T/U (Transportation/Utilities) Vacant Land North CG (Commercial, General) RS-3 (Residential, Single- Family – 3du/ac) MXD (Mixed Use Development) RU (Residential, Urban) Indian River Estates SD South CG (Commercial, General) T/U (Transportation/Utilities)Vacant Land & Utilities East CG (Commercial, General) COM (Commercial) ROW (Right-of-Way) US-1 (Right-of-Way) & St. Lucie Golf Range Adjacent Parcels West CG (Commercial, General) COM (Commercial) ROW (Right-of-Way) Unimproved Right-of-Way & Vacant Land Page 21 of 79 Project Name: Travelcamp Future Land Use Map Amendment File No.: FLUMA-7202126098 7 of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit and emergency medical facilities: Fire/EMS Services: The nearest fire station (Station #6 White City) is located at 350 East Midway Road, approximately 2.0 miles north of the subject parcel. Water and Wastewater: Water & Wastewater services will be provided by the City of Port St. Lucie Utilities Service Department. Right-of-Way: US Highway 1 is a State owned and maintained roadway. The existing US Highway 1 right-of-way width is sufficient. Any future driveway connections must be permitted with the Florida Department of Transportation. The submitted site plan currently under review by the Development Review Committee identifies primary access on US Highway 1, with a future secondary access located to the south of the parcel, along the future Lennard Road extension. Traffic: The proposed amendment to the Future Land Use Map is not expected to generate any additional traffic impacts. The purpose of this amendment is to provide a compatible land use designation with the existing CG (Commercial, General) Zoning District. The proposed development plan associated with the concurrently submitted Minor Site Plan application is expected to generate 0.77 PM peak hour trips per 1,000 ft2 and an average of 5.0 trips per 1,000 ft2 or 70 trips per day. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment: Background: The Environmental Resources Department (ERD) is in receipt of the July 12th, 2021 date-stamped submittal from the Planning and Development Services Department. The applicant is requesting approval to amend the Future Land Use designation of the southern 1.75-acre portion of the 4.95-acre subject parcel (Parcel ID 3415-501-0009-000-4) from T/U (Transportation/Utility) to COM (Commercial). The parcel is located approximately 380-feet south of Easy Street at TBD – South U.S. Highway 1 in Fort Pierce and consists of one (1) vacant 4.95-acre parcel (Parcel ID 3415-501-0009-000-4) zoned Commercial General (CG). Findings: The subject site is currently vacant and consists primarily of oaks with intermixed invasive species. The heavily wooded southern third of the subject parcel used to be a part of the neighboring parcel to the south but was recently sold and combined with the subject parcel. While the current zoning of CG (Commercial General) is consistent throughout the entire parcel, the future land use remains split due to the recent acquisition. Surrounding future land uses include COM (Commercial) to the east and west, COM (Commercial) and RU (Residential Urban) to the north, and T/U (Transportation/Utility) to the south. Page 22 of 79 Project Name: Travelcamp Future Land Use Map Amendment File No.: FLUMA-7202126098 8 The proposed petition for a Future Land Use Map Amendment is being submitted concurrently with a Minor Site Plan for an RV sales and repair center. Environmental impacts, specifically tree mitigation and landscaping, will be addressed through the site plan approval process. Recommendation: The Environmental Resources Department has no objection to the proposed Future Land Use Map Amendment request. G. Whether and the extent to which the proposed amendment would adversely affect the property values in the area: The proposed subdivision should not have an undue adverse effect on the property values in the area. H. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern: The proposed Future Land Use Map Amendment is not expected to have a negative effect on the development pattern within the surrounding area. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of this code: The proposed Future Land Use Map Amendment is not in conflict with the public interest and is in harmony with the St. Lucie County Land Development Code. RECOMMENDATION: Staff has reviewed the proposed small-scale Comprehensive Plan Future Land Use Map Amendment and determined it meets the standards for review outlined in Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan; therefore, staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners. Page 23 of 79 1 ORDINANCE 21-XXX 2 FILE NO.: FLUMA-7202126098 3 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. 5 LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE 6 PLAN FUTURE LAND USE MAP FOR +/-1.75 ACRES OF A 4.95-ACRE 7 PARCEL OF LAND OWNED BY FCH PROPERTIES LLC, FROM T/U 8 (TRANSPORTATION/UTILITIES TO COM (COMMERCIAL); PROVIDING FOR 9 FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR 10 SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING 11 WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING 12 WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; 13 PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. 14 15 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 16 testimony and evidence, including but not limited to the staff report, has made the following 17 determinations: 18 19 1. A Petition submitted by McCarty & Associates on behalf of Travelcamp, LLC, to amend 20 the adopted Comprehensive Plan Future Land Use Map for a 1.75-acre portion of the 21 subject parcel located on the north side of South US Highway 1, approximately 380 feet 22 south of Easy Street and the Indian River Estates residential subdivision in Fort Pierce, 23 from T/U (Transportation/Utilities) to COM (Commercial) within St. Lucie County, Florida, 24 in accordance with Chapter 163, Florida Statutes. 25 2. The Board of County Commissioners of St. Lucie County as the governing body of St. 26 Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida 27 Statutes, is authorized and empowered to consider amendments to the adopted 28 Comprehensive Plan of St. Lucie County; and 29 3. On September 16, 2021, the St. Lucie County Planning and Zoning Commission/Local 30 Planning Agency held a public hearing, of which due notice was published in the St. 31 Lucie News Tribune and notifying by mail all owners of property within 500-feet of the 32 subject property, and forwarded a recommendation of approval/denial to the Board of 33 County Commissioners for the petition for an Amendment to the Comprehensive Plan 34 Future Land Use Map; and 35 4. On _________________, 2021, the Board of County Commissioners of St. Lucie 36 County, Florida held a transmittal hearing, of which due notice was placed in the St. 37 Lucie News Tribune and authorization was granted to transmit the proposed Future Land 38 Use Map Amendment to the State Department of Economic Opportunity and surrounding 39 jurisdictions; and 40 5. On _________________, 2021, the Board of County Commissioners of St. Lucie 41 County, Florida held the final public hearing, of which due notice was placed in the St. 42 Lucie News Tribune, and deemed adoption of the amendment to be in the best interests 43 of the citizens and residents of the County; and Page 24 of 79 Ordinance No. 21-XXX File No.: FLUMA-7202126098 Page 2 1 6. The proposed amendment to the Future Land Use Map is consistent with the Goals, 2 Objectives, and Policies of the St. Lucie County Comprehensive Plan as outlined in the 3 Planning and Zoning Commission staff report dated _________________, 2021. 4 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie 5 County, Florida: 6 A.AMENDMENT TO FUTURE LAND USE DESIGNATION 7 The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan 8 for the property described in Exhibit “A,” attached hereto, containing 4.95-acre parcel of 9 land owned by FCH Properties LLC, and located on the North side of US Highway 1, 10 approximately 380 feet south of Easy Street and the Indian River Estates residential 11 subdivision in Fort Pierce, from T/U (Transportation/Utilities) to COM (Commercial), as 12 depicted in the attached Exhibit. 13 B.FINDING OF CONSISTENCY 14 The Board of County Commissioners of St. Lucie County, Florida, specifically determines 15 that the approval of this amendment to the adopted Comprehensive Plan Future Land 16 Use Element is internally consistent with the Goals, Objectives, and Policies contained in 17 the St. Lucie County Comprehensive Plan and provides for the recognition that impacts 18 of this approval on the public facilities of St. Lucie County will not occur until such time as 19 a Final Development Order for this property is issued. 20 C.CHANGE TO FUTURE LAND USE MAP 21 The St. Lucie County Planning and Development Services Director is hereby authorized 22 and directed to cause this change to be made in the Future Land Use Map of the Future 23 Land Use Element of the St. Lucie County Comprehensive Plan and to make notation of 24 reference to the date of adoption of this Ordinance. 25 D.CONFLICTING PROVISIONS 26 Special acts of the Florida Legislature applicable only to unincorporated areas of St. 27 Lucie County, County Ordinances, and County Resolutions, or parts thereof, in conflict 28 with this Ordinance are hereby superseded by this Ordinance to the extent of such 29 conflict. 30 E.SEVERABILITY 31 If any portion of this Ordinance is for any reason held or declared to be unconstitutional, 32 inoperative, or void, such holding shall not affect the remaining portions of this 33 Ordinance. If this Ordinance, or any provisions thereof shall be held to be inapplicable to 34 any person, property, or circumstances, such holding shall not affect its applicability to 35 any other person, property or circumstance. 36 F.APPLICABILITY OF ORDINANCE 37 This Ordinance shall be applicable as stated in Paragraphs A, B, and C. Page 25 of 79 Ordinance No. 21-XXX File No.: FLUMA-7202126098 Page 3 1 G.FILING WITH THE DEPARTMENT OF STATE 2 The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the 3 Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 4 H.FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY 5 The Planning and Development Services Director shall send a certified copy of this 6 Ordinance to the Department of Economic Opportunity Bureau of Community Planning 7 Caldwell Building 107 East Madison Street, MSC 160 Tallahassee, FL 32399. 8 I.EFFECTIVE DATE 9 This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is 10 challenged within thirty (30) days after adoption, the Ordinance shall not be effective 11 until the State Land Planning Agency or Administration Commission respectively issues 12 a final order finding the adopted amendment in compliance in accordance with Section 13 163.3184(10), Florida Statutes. 14 J.ADOPTION 15 After motion and second, the vote on this Ordinance was as follows: 16 Chris Dzadovsky, Chair XXX 17 18 Sean Mitchell, Vice-Chair XXX 19 20 Frannie Hutchinson, Commissioner XXX 21 22 Linda Bartz, Commissioner XXX 23 24 Cathy Townsend, Commissioner XXX 25 26 PASSED AND DULY ADOPTED on this _____ day of ______________, 2021. 27 28 BOARD OF COUNTY COMMISSIONERS 29 ST. LUCIE COUNTY, FLORIDA 30 31 32 BY 33 Chair 34 35 ATTEST APPROVED AS TO FORM 36 AND CORRECTNESS 37 38 39 40 Deputy Clerk County Attorney Page 26 of 79 Ordinance No. 21-XXX File No.: FLUMA-7202126098 Page 4 1 Exhibit “A” 2 3 LEGAL DESCRIPTION: 4 5 THAT PART OF LOT 7, BLOCK 1, THE MODEL LAND COMPANY SUBDIVISION OF 6 SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT 7 THEREOF RECORDED IN PLAT BOOK 1, AT PAGE 41, OF THE PUBLIC RECORDS OF 8 ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS 9 FOLLOWS: 10 COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID 11 SECTION 15; THENCE SOUTH 00°17'27" EAST, ALONG THE WEST LINE OF THE 12 NORTHEAST 1/4 OF SAID SECTION 15 A DISTANCE OF 659.54 FEET TO A POINT; 13 THENCE NORTH 89°44'01" EAST, DEPARTING SAID WEST LINE OF THE NORTHEAST 14 1/4 OF SECTION 15, A DISTANCE OF 78.00 FEET TO A POINT, SAID POINT BEING THE 15 INTERSECTION OF THE EAST RIGHT OF WAY OF U.S. HIGHWAY NUMBER ONE AND 16 THE SOUTH LINE OF LOT 7, BLOCK 1, SAID POINT ALSO BEING THE POINT OF 17 BEGINNING; THENCE NORTH 89°48'12" EAST, DEPARTING SAID EAST RIGHT OF 18 WAY LINE OF U.S. HIGHWAY NUMBER ONE AND ALONG THE SOUTH LINE OF LOT 7, 19 BLOCK 1, A DISTANCE OF 561.56 FEET TO A POINT ON THE WEST RIGHT OF WAY 20 OF THE NORTH SAINT LUCIE RIVER WATER CONTROL DISTRICT NEW CANAL 21 NUMBER 17; THENCE NORTH 00°14'39" WEST, DEPARTING SAID SOUTH LINE OF 22 LOT 7, BLOCK 1 AND ALONG THE WEST RIGHT OF WAY OF THE NORTH SAINT 23 LUCIE RIVER WATER CONTROL DISTRICT NEW CANAL NUMBER 17, A DISTANCE OF 24 613.98 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF THE NORTH SAINT 25 LUCIE RIVER WATER CONTROL DISTRICT CANAL NUMBER 23; THENCE SOUTH 26 89°45'21" WEST, DEPARTING SAID WEST RIGHT OF WAY LINE OF THE NORTH SAINT 27 LUCIE RIVER WATER CONTROL DISTRICT NEW CANAL NUMBER 17 AND ALONG THE 28 SOUTH LINE OF THE NORTH SAINT LUCIE WATER CONTROL DISTRICT CANAL 29 NUMBER 23, A DISTANCE OF 562.06 FEET TO A POINT ON THE EAST RIGHT OF WAY 30 OF U.S. HIGHWAY NUMBER ONE; THENCE SOUTH 00°17'27" EAST, DEPARTING SAID 31 SOUTH RIGHT OF WAY LINE OF THE NORTH SAINT LUCIE RIVER WATER CONTROL 32 DISTRICT AND ALONG THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NUMBER 33 ONE, A DISTANCE OF 613.51 FEET TO THE POINT OF BEGINNING. 34 AND ALSO: 35 ALL RIGHT OF ACCESS, EGRESS, INGRESS, LIGHT, AIR, AND VIEW BETWEEN LOT 7, 36 BLOCK 1, THE MODEL LAND COMPANY SUBDIVISION OF SECTION 15, TOWNSHIP 36 37 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN 38 PLAT BOOK 1, PAGE 41, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, 39 FLORIDA, AND THE U.S. HIGHWAY NUMBER ONE, ALONG THE FOLLOWING 40 DESCRIBED LINE: 41 COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID 42 SECTION 15; THENCE SOUTH 00°17'27" EAST, 557.88 FEET ALONG THE WEST LINE 43 OF THE NORTHEAST 1/4 OF SAID SECTION 15; THENCE NORTH 89°44'01" EAST, 44 78.00 FEET TO THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. ONE; THENCE 45 NORTH 00°17'27" WEST ALONG THE EAST RIGHT OF WAY LINE FOR U.S. HIGHWAY Page 27 of 79 Ordinance No. 21-XXX File No.: FLUMA-7202126098 Page 5 1 NUMBER ONE, 328.95 FEET TO THE POINT OF BEGINNING OF THE DESCRIBED 2 LIMITED ACCESS RIGHT OF WAY LINE; THENCE NORTH 00°17'27" WEST ALONG THE 3 EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NUMBER ONE, 82.50 FEET TO THE 4 END OF THE DESCRIBED LIMITED ACCESS RIGHT OF WAY LINE. 5 LESS AND EXCEPT THE SOUTH 216.10 FEET FROM THE ABOVE DESCRIBED 6 PARCEL. 7 LESS AND EXCEPT THE WEST 20.00 FEET OF THE SOUTH 140.92 FEET OF THE 8 REMAINDER OF THE ABOVE DESCRIBED PARCEL, AS MEASURED FROM THE 9 EXISTING EAST RIGHT OF WAY LINE OF THE STATE ROAD FIVE (U.S. HIGHWAY 10 NUMBER ONE), AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION 11 RIGHT OF WAY MAP SECTION NUMBER 94010-2500, SHEET 9 OF 31, DATED 07-07- 12 09. 13 LESS AND EXCEPT THE WEST 19.00 FEET OF THE NORTH 256.51 FEET OF THE 14 REMAINDER OF THE ABOVE DESCRIBED PARCEL, AS MEASURED FROM THE 15 EXISTING EAST RIGHT-OF-WAY LINE OF THE STATE ROAD FIVE (U.S. HIGHWAY 16 NUMBER ONE), AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION 17 RIGHT-OF-WAY MAP SECTION NUMBER 94010-2500, SHEET 9 OF 31, DATED 07-07- 18 09. 19 Site Address:TBD – South US Highway 1, Ft. Pierce FL 34946 20 Parcel ID No.:3415-501-0009-000-4 21 FUTURE LAND USE MAP 22 Page 28 of 79 Suggested motion to recommend approval/denial of this request: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY, ACTING AS THE LOCAL PLANNING AGENCY, RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE PROPOSED FUTURE LAND USE MAP AMENDMENT FROM T/U (TRANSPORTATION/UTILITIES) TO COM (COMMERCIAL) BECAUSE…. [CITE REASON(S) WHY – PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY, ACTING AS THE LOCAL PLANNING AGENCY, RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPROVAL OF THE PROPOSED FUTURE LAND USE MAP AMENDMENT FROM T/U (TRANSPORTATION/UTILITIES) TO COM (COMMERCIAL) BECAUSE…. [CITE REASON(S) WHY – PLEASE BE SPECIFIC] Page 29 of 79 NORTH LINE SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST 48 " R C P WE S T L I N E O F T H E N E 1 / 4 O F S E C T I O N 1 5 SOUTH R/W LINE OF THE NORTH ST. LUCIE RIVER WATER MANAGEMENT DISTRICT CANAL NO. 23 U. S . H I G H W A Y N O . O N E (1 2 0 ' R / W 4 0 ' A S P H A L T ) NS L R W C D N E W C A N A L N O . 1 7 REMAINDER OF LOT 7 (VACANT) 60.00' 60.00' T O B T O B T O B T O B E O W E O W E O W E O W NW CORNER OF THE NE 1/4 OF SECTION 15 NOT FOUND LIMITED 30' EASEMENT 30 . 0 0 ' ORB 413, PAGE 930 POB S 0 ° 1 7 ' 2 7 " E 6 5 9 . 5 4 ' ( D ) N 89°44'01" E 78.00' (D) S 0 ° 1 7 ' 2 7 " E 6 1 3 . 5 1 ' ( D ) LESS THE WEST 20' LOT 7, BLOCK 1 S O U T H 2 1 6 . 1 0 ' L O T 7 , B L O C K 1 LESS AND EXCEPT SOUTH PORTION BLOCK 1 LOT 7 (VACANT) N 89°48'12" E 561.56' (D) S 89°46'42" W 557.06' (D) S 89°41'48" W 556.83' (C) N 89°48'12" E 541.74' (D) N 89°53'34" E 541.74' (M) FND 5/8" R&C ILLEGIBLE N 0.79', W 0.23' FND 5/8" R&C C&T SET 5/8" R&C LB 8206 (B E A R I N G B A S I S ) S 0 ° 1 7 ' 2 7 " E 1 4 0 . 9 2 ' ( D & M ) N 0 0 ° 2 0 ' 2 7 " W 1 4 2 . 8 9 ' ( M ) FND 5/8" IR NO ID S 0.85' S 89°46'42" W 541.85' (C) S 89°41'40" W 541.62' (M) FC ES B OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E 13.71 13.65 13.51 13.25 13.15 12.73 12.6 4 12.29 12.13 WELL R50 . 0 0 ' 6' C O N C W A L K N 0 4 ° 0 1 ' 0 3 " W 7 3 . 7 7 ' ( D ) 13 . 1 9 12 . 7 7 12 . 5 7 4.80' 10 . 7 10.6 10 . 9 12.2 12.312 . 9 6 11.9 11.7 10.8 10.8 10.9 10.9 10.9 10.6 10.5 20.00' 10.5 8.214.4 14.7 8.2 13.7 13.5 13.4 14.4 14.3 14.2 14.0 13.8 13.7 13.6 FC FCFC 13.3 12.5 12.8 12.9 12.3 12.6 13.0 13.3 13.4 13.3 13.4 13.2 13.2 13.713.0 12.8 10.6 13.0 12.5 12.7 11.2 13.8 14.113.8 13.713.6 13.9 13.0 14.0 12.8 12.5 13.7 13.5 13.5 13.4 13.5 13.2 13.0 12.7 12.4 WET AREA NOT FND NOT FND NOT FND T O B T O B E O W E O W T O B T O B E O W E O W 8.2 8.2 18" 16" 18" 16" 16" 14" 14" 12" 30" 30" 24" 24" 24" 10" 10" 20" 14" 18" SOUTH LINE OF LOT 7, BLOCK 1 BM TP SET MN NO ID EL= 13.42 NAVD '88 T O B T O B E O W E O W POB LIMITED ACCESS RIGHT OF WAY LINE NOT FND 20.00' S 0 ° 1 7 ' 2 7 " E 82 . 5 0 ' ( D ) END LIMITED ACCESS RIGHT OF WAY LINE NOT FND SET 5/8" R&C LB 8206 ON 15' OS SET 5/8" R&C LB 8206 ON 15' OS SE T 5 / 8 " R & C LB 8 2 0 6 S 0 ° 1 7 ' 2 7 " E 2 5 6 . 5 1 ' ( D ) S 0 ° 1 7 ' 2 7 " E 2 4 1 . 5 1 ' ( M ) S 89°45'21" W 543.06' (C) S 89°45'21" W 543.06' (M)SURVEY WITNESS LINE SURVEY WITNESS LINE S 89°45'21" W 562.06' (D) N 0 0 ° 1 1 ' 2 2 " W 2 4 0 . 8 3 ' ( M ) BM TP SET MN&TT NO ID EL= 13.45 NAVD '88 OH E OH E OH E OH E OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE 6" C O N C H W 36 " C M P 12.4 11 . 0 6 10.9 11.5 11.2 11.9 13.0 12.6 12.4 13.2 13.5 13.2 14.1 14.5 13.6 14.2 13.7 13.9 13.9 14.1 14.2 14.3 13.7 13.713.6 14.3 14.3 14.3 14.1 14.0 4' WD FNC END E 33.5' 4' W D F N C GA T E 13.13 13.09 13.49 13 . 6 8 13.25 13 . 2 5 13 . 5 0 EP EP EP EP EP EP 12.99 14.01 14.37 14.39 13.38 13. 4 5 14.4 14.814.6 8.2 R50 . 0 0 ' 14.0 13.3 12.8 13 . 3 FCFC ASPHALT ROAD ASPHALT ROAD 6' C O N C W A L K 6' C O N C W A L K 10.9 11.3 13.4 13 . 6 12.4 13.4 13.2 12 . 8 12.9 12.9 13.1 EOW TOB 5.05.05.0 4' WD FNC END S 18.8', E 56.8' WELL EOW TOB EOW TOB SV INV= 2.74 INV= 4.74 10"12"14" 12'X7' CONC BOX CULVERT INV= 2.38 12'X7' CONC BOX CULVERT 14.4 13 . 4 2 13.03 N 0 0 ° 1 4 ' 3 9 " W 6 1 3 . 9 8 ' ( D ) ANC LESS THE WEST 19.0' LOT 7, BLOCK 1 S 89°46'42" W 1.00' (C&M) NOT FND POC N 89°44'01" E 78.00' (D) EA S T R / W L I N E OF U . S . H I G H W A Y N O . O N E NOT FND EA S T R / W L I N E OF U . S . H I G H W A Y N O . O N E S 0 ° 1 7 ' 2 7 " E 3 2 8 . 9 5 ' ( D ) S 0 ° 1 7 ' 2 7 " E 5 5 7 . 8 8 ' ( D ) EX.#6 EXCEPTION #6 ORB 610, PG 621 EX C E P T I O N # 9 OR B 1 7 4 1 , P G 1 8 6 1 EX.#11 EX . # 1 3 AC C E S S & U T I L I T Y E A S E M E N T OR B 3 1 0 2 , P A G E 4 2 4 EX . # 1 4 20.00' 10 . 0 0 ' UTILITY EASEMENT ORB 3144, PAGE 2472 EX.#15 TEMPORARY ACCESS EASEMENT ORB 4263, PAGE 778 EX.#16 EX C E P T I O N # 7 OR B 6 1 0 , P G 6 2 1 SHEET: 1 OF 1 JOB NUMBER: 20-2287 APPROVED BY: R. KEMERSON FIELD BOOK/PAGES PLANS DRAWN BY: SC SCALE: 1" = 30' DATE: 01/05/2021 BY : DA T E : RE V I S I O N S We b S i t e : w w w . v e l c o n f l . c o m PO R T S T . L U C I E , F L O R I D A 3 4 9 8 6 59 0 N W P E A C O C K B L V D , S U I T E 8 VE L C O N E N G I N E E R I N G PH O N E ( 7 7 2 ) 8 7 9 - 0 4 7 7 CE R T I F I C A T E O F A U T H O R I Z A T I O N N O . L B 8 2 0 6 LEGAL DESCRIPTION: THAT PART OF LOT 7, BLOCK 1, THE MODEL LAND COMPANY SUBDIVISION OF SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, AT PAGE 41, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 15; THENCE SOUTH 00°17'27" EAST, ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 15 A DISTANCE OF 659.54 FEET TO A POINT; THENCE NORTH 89°44'01" EAST, DEPARTING SAID WEST LINE OF THE NORTHEAST 1/4 OF SECTION 15, A DISTANCE OF 78.00 FEET TO A POINT, SAID POINT BEING THE INTERSECTION OF THE EAST RIGHT OF WAY OF U.S. HIGHWAY NUMBER ONE AND THE SOUTH LINE OF LOT 7, BLOCK 1, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 89°48'12" EAST, DEPARTING SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NUMBER ONE AND ALONG THE SOUTH LINE OF LOT 7, BLOCK 1, A DISTANCE OF 561.56 FEET TO A POINT ON THE WEST RIGHT OF WAY OF THE NORTH SAINT LUCIE RIVER WATER CONTROL DISTRICT NEW CANAL NUMBER 17; THENCE NORTH 00°14'39" WEST, DEPARTING SAID SOUTH LINE OF LOT 7, BLOCK 1 AND ALONG THE WEST RIGHT OF WAY OF THE NORTH SAINT LUCIE RIVER WATER CONTROL DISTRICT NEW CANAL NUMBER 17, A DISTANCE OF 613.98 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF THE NORTH SAINT LUCIE RIVER WATER CONTROL DISTRICT CANAL NUMBER 23; THENCE SOUTH 89°45'21" WEST, DEPARTING SAID WEST RIGHT OF WAY LINE OF THE NORTH SAINT LUCIE RIVER WATER CONTROL DISTRICT NEW CANAL NUMBER 17 AND ALONG THE SOUTH LINE OF THE NORTH SAINT LUCIE WATER CONTROL DISTRICT CANAL NUMBER 23, A DISTANCE OF 562.06 FEET TO A POINT ON THE EAST RIGHT OF WAY OF U.S. HIGHWAY NUMBER ONE; THENCE SOUTH 00°17'27" EAST, DEPARTING SAID SOUTH RIGHT OF WAY LINE OF THE NORTH SAINT LUCIE RIVER WATER CONTROL DISTRICT AND ALONG THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NUMBER ONE, A DISTANCE OF 613.51 FEET TO THE POINT OF BEGINNING. AND ALSO: ALL RIGHT OF ACCESS, EGRESS, INGRESS, LIGHT, AIR, AND VIEW BETWEEN LOT 7, BLOCK 1, THE MODEL LAND COMPANY SUBDIVISION OF SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 41, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND THE U.S. HIGHWAY NUMBER ONE, ALONG THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 15; THENCE SOUTH 00°17'27" EAST, 557.88 FEET ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 15; THENCE NORTH 89°44'01" EAST, 78.00 FEET TO THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. ONE; THENCE NORTH 00°17'27" WEST ALONG THE EAST RIGHT OF WAY LINE FOR U.S. HIGHWAY NUMBER ONE, 328.95 FEET TO THE POINT OF BEGINNING OF THE DESCRIBED LIMITED ACCESS RIGHT OF WAY LINE; THENCE NORTH 00°17'27" WEST ALONG THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NUMBER ONE, 82.50 FEET TO THE END OF THE DESCRIBED LIMITED ACCESS RIGHT OF WAY LINE. LESS AND EXCEPT THE SOUTH 216.10 FEET FROM THE ABOVE DESCRIBED PARCEL. LESS AND EXCEPT THE WEST 20.00 FEET OF THE SOUTH 140.92 FEET OF THE REMAINDER OF THE ABOVE DESCRIBED PARCEL, AS MEASURED FROM THE EXISTING EAST RIGHT OF WAY LINE OF THE STATE ROAD FIVE (U.S. HIGHWAY NUMBER ONE), AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION NUMBER 94010-2500, SHEET 9 OF 31, DATED 07-07-09. LESS AND EXCEPT THE WEST 19.00 FEET OF THE NORTH 256.51 FEET OF THE REMAINDER OF THE ABOVE DESCRIBED PARCEL, AS MEASURED FROM THE EXISTING EAST RIGHT-OF-WAY LINE OF THE STATE ROAD FIVE (U.S. HIGHWAY NUMBER ONE), AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION NUMBER 94010-2500, SHEET 9 OF 31, DATED 07-07-09. ADDRESS: U.S. HIGHWAY 1 FORT PIERCE, FLORIDA NOTES: SUBJECT TO ANY APPLICABLE EASEMENTS, RIGHTS-OF-WAY, OR OTHER RESTRICTIONS OF RECORD. TITLE EXCEPTIONS SHOWN HEREON ARE PER OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT NUMBER: TAYLOR FCH PROP, DATED DECEMBER 28, 2020. A SEARCH OF THE PUBLIC RECORDS HAS NOT BEEN MADE BY THIS OFFICE. BEARINGS SHOWN HEREON ARE BASED UPON THE EASTERLY RIGHT OF WAY OF U.S. HIGHWAY ONE, AS LAID OUT AND IN USE, HAVING A BEARING S 00°17'27" E. ALL OTHER BEARINGS ARE RELATIVE THERETO. LEGAL DESCRIPTION FROM COUNTY DEED RECORDED IN OFFICIAL RECORD BOOK 4263, PAGE 791 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. ELEVATIONS ARE IN FEET AND RELATED TO THE ST. LUCIE COUNTY BENCHMARK "SALLY", HAVING A PUBLISHED ELEVATION OF 4.0993 METERS NAVD '88 (NORTH AMERICAN VERTICAL DATUM OF 1988), CONVERTED TO FEET BY MULTIPLYING 3.2808, HAVING A CONVERTED ELEVATION OF 13.449 FEET. ALL OTHER ELEVATIONS ARE RELATIVE THERETO. PROPERTY LIES IN F.I.R.M. ZONE "X", AS SHOWN ON PANEL 12111C0277K, DATED 2/19/20. FLOOD ZONES ARE APPROXIMATE AS SCALED FROM FLOOD INSURANCE RATE MAPS. IN ACCORDANCE WITH CHAPTER 5J-17.051, ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY, IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY. UTILITIES SHOWN HEREON ARE VISIBLE ABOVE GROUND FEATURES. ADDITIONAL SUBSURFACE UTILITIES AND OR FEATURES MAY EXIST. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT SHOWN ON THIS SURVEY, THAT MAY BE FOUND IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. PUBLIC WATER & SEWER AVAILABLE. THE EXPECTED USE OF THE SURVEY AND MAP IS COMMERCIAL. ALL DISTANCES AND ELEVATIONS SHOWN ARE IN ACCORD WITH THE UNITED STATES STANDARD USING FEET. ALL DIRECTIONAL MEASUREMENTS SHOWN ARE IN THE FORMAT OF DEGREES, MINUTES AND SECONDS. LOT CONTAINS: 215,743 SQUARE FEET OR 4.95± ACRES. BOUNDARY AND TOPOGRAPHIC SURVEY FIELD DATE: 12-30-20. CERTIFIED TO: STEVEN AND CHAD TAYLOR; FEE AND FEE, PLLC; OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY; FCH PROPERTIES, LLC. STATE OF FLORIDA (PSM)#6285 PROFESSIONAL SURVEYOR AND MAPPER ROBERT F. KEMERSON L E G E N D A B B R E V I A T I O N S L E G E N D ILLEGIBLEILL P PLAT POINT OF COMPOUND CURVATURE PRESSURE CLEAN OUT (SANITARY) PERMANENT CONTROL POINT PARKER KALON NAIL AND DISK PARKER KALON NAIL AND TIN TAB POINT OF CURVATURE PAGE PARKER KALON NAIL POINT OF INTERSECTION PLASTIC FENCE PLAT BOOK PC PCC PCO PCP PG PK PI PK&D PK/TT PF PB NOT PLOTTABLE NORTH AMERICAN VERTICAL DATUM PROPERTY LINE OVERHEAD ELECTRIC OVERHEAD EASEMENT OFFSET NUMBER NAIL AND DISK NAIL MINIMUM OFFICIAL RECORD NON-APPLICABLE OFFICIAL RECORD BOOK P/L OHE OE O/S N.P. NO NAVD N&D N MIN OR NA ORB MEAN HIGH WATER LINE MAN HOLE MEASURED MITERED END SECTION MEASURED LICENSED SURVEYOR LIGHT POLE LICENSED BUSINESS LENGTH IRON PIPE IRON ROD INVERT MHWL MH MEAS MES M LS LP LB L IP IR INV INTERSECTIONINT APPROXIMATEAPRX BM BENCHMARK DRAINAGE & UTILITY EASEMENT CONCRETE BLOCK STRUCTURE ELECTRIC SERVICE BOX ELECTRIC METER ENCROACHMENT EDGE OF WATER EDGE OF PAVEMENT ELEVATION DRAINAGE EASEMENT DUCTILE IRON PIPE DRAINAGE MANHOLE ELEVATION ESB EM ENC EOW EP ELEV D.E. EL DMH DUE DIP CM CONCRETE MONUMENT CORRUGATED METAL PIPE DELTA ANGLE CORRUGATED PLASTIC PIPE CORNER CONCRETE POWER POLE DRAIN FIELD CONCRETE CLEAN OUT COVERED CONSTRUCTION DEED INFORMATION CONCRETE SLAB COVERED ENTRY COVERED PORCH CMP COV D/F D Δ COR CPP CONC CO CONST CPPIPE CS CE COVP CULPEPPER & TERPENING CENTERLINE CUT OUT CABLE TELEVISION BOX BARBED WIRE BACK OF WALK BEARING CHAIN LINK FENCE CATCH BASIN CURB AND GUTTER CHORD CALCULATED BACK OF CURB CL C/O CATV C&T BRG CHD C&G BW CB CBS CLF BOW C BOC BUFFER EASEMENT ASPHALT BUILDING BACK FLOW PREVENTOR BLOCK BFP BLDG ASP BE BLK ESMT EXT EX. FNC FFE FH FND FPL HGW EASEMENT EXISTING EXTENDED FENCE FINISHED FLOOR ELEVATIONFIRE HYDRANT FOUND FLORIDA POWER & LIGHT HOG WIRE A/C ANC AP AC AIR CONDITIONING ACRE ANCHOR ANCHOR POLE HYD ICV HYDRANTIRRIGATION CONTROL VALVE HEADWALL HW TELEPHONE RISERTR WOOD POWER POLE UNDER CONSTRUCTION TRAFFIC SIGNAL BOX WP WS WPP WM WL WD VC U.E. UP WATER SERVICE WELL POINT WATER METER WOOD WATER LINE VALLEY CURB UTILITY EASEMENT UTILITY POLE U/C TYPTWP TSB TT TRANS TYPICALTOWNSHIP TIN TAB TRANSFORMER POWER POLE PROPOSED PSM PP POB POC PLS PROP PRO PRM PRC PROFESSIONAL SURVEYOR & MAPPER POINT OF COMMENCEMENT POINT OF BEGINNING PRORATED DISTANCE PROFESSIONAL LAND SURVEYOR PERMANENT REFERENCE MONUMENT POINT OF REVERSE CURVATURE RANGE SECTION RIGHT-OF-WAY ROD AND CAP RADIUS RADIUS POINT SIDEWALK SQUARE FEET PVC P.U.E. SEC RGE R/W R&C RCP RP RLS S/W SMHSBT SF STANDARD SANITARY VALVE SWALE STORY TAX MAP TOE OF SLOPE TOP OF BANK TRAVERSE POINT STD SV SWL STU TM TOB TOE TP SLP POLYVINYL CHLORIDEPRIVATE UTILITY EASEMENT REINFORCED CONCRETE PIPE REGISTERED LAND SURVEYOR SANITARY SEWER MANHOLESOUTHERN BELL TELEPHONE STREET LIGHT SUPPORT POLE PSWL PLASTIC SWALEPTPOINT OF TANGENCY SHP SHIP SPIKE OR BOLT O/A OVERALL RRS RAILROAD SPIKE IP&P IRON PIPE & PLUG CURB INLETCI ELECTRICAL CONTROL PANELECP DC "D" CURB DROP INLETDI "F" CURBFC FACE OF WALKFOW FACE OF CURBFOC GREEN AREAGA GRINDERGRD ELEC ELECTRIC HC HEADER CURB LIFT STATIONLFST MAX MAXIMUM MONITORING WELLMW IW IRRIGATION WELL PAVEMENTPAVE VLT VAULT ALUMINUMAL DIAMETERDIA FIRE DEPARTMENT CONNECTIONFDC NTS NOT TO SCALE LOCATIONLOC RR RAILROAD TOP OF ASPHALTTA IDENTIFICATIONID SANITARY SEWERS.S. FLORIDA EAST COAST RAILROADFECRR TELEPHONE MANHOLETMH GMH GAS MANHOLE GROUNDGND MN MAGNETIC NAIL P/C PROPERTY CORNER BRICK PAVERSBP SPC STATE PLANE COORDINATES UNDER WATERUW MB MAIL BOX EDGE OF CONCRETEEC UR UTILITY RISER LAKE MAINTENANCE EASEMENTLME HDPE HIGH DENSITY POLYETHYLENE SLCR ST LUCIE COUNTY RECORDS METES AND BOUNDSM&B IRRIGATION CONTROL VALVEICV IV IRRIGATION VALVE R SEPTIC TANKST PARKINGPRKG HCP HANDI-CAP WV WATER VALVE ROOF LINERFL IRR IRRIGATION MN&D MAGNETIC NAIL & DISK & S U R V E Y I N G , L L C BO U N D A R Y A N D T O P O G R A P H I C SU R V E Y PR E P A R E D F O R ST E V E N A N D C H A D T A Y L O R = OAK TREE NSLRWCD NORTH SAINT LUCIE RIVER WATER CONTROL DISTRICT = PINE TREE = PALM TREE = CURB INLET TYPE 5 = CONCRETE POWER POLE = ELECTRIC SERVICE BOX = SEWER VALVE = WOOD POWER POLE EXCEPTIONS TABLE EXCEPTION No.PAGE(S)DESCRIPTION 5 114 25 O.R. BOOK FPL EASEMENT BLANKET-AFFECTS 6 413 930 ACCESS EASEMENT AFFECTS-SHOWN4262821 7 610 621 RIGHT OF WAY AFFECTS-SHOWN 8 669 702 ACCESS RIGHTS AFFECTS-N.P. 9 1741 1861 RIGHT OF WAY AFFECTS-SHOWN 10 PB 1 41 PLAT, AFFECTS-N.P. 11 491 CANAL R/W AFFECTS-SHOWN CHANCELLORY ORDER BOOK 2 12 22 R/W EASEMENT AFFECTS-N.P.72 13 151 RIGHT OF WAY AFFECTS-SHOWN15 14 424 UTILITY EASEMENT AFFECTS-SHOWN3102 15 2472 UTILITY EASEMENT AFFECTS-SHOWN3144 16 778 TEMP. ACC. EASEMENT AFFECTS-SHOWN4263 17 787 EASEMENT DOES NOT AFFECT4263 N:\Projects\2020\20-2287 McCarty - US Highway 1\20-2287 BNDY TOPO.dwg, BNDY, 3/23/2021 11:07:00 AM Page 30 of 79 Travelcamp FLUMA-7202126098 Location Map Page 31 of 79 AD Map Page 32 of 79 Aerial Map Page 33 of 79 Future Land Use Map Page 34 of 79 Zoning Map Page 35 of 79 Owner Mail-Out Map Page 36 of 79 Page 37 of 79 Page 38 of 79 Page 39 of 79 Page 40 of 79 Page 41 of 79 Page 42 of 79 Page 43 of 79 Page 44 of 79 Page 45 of 79 Page 46 of 79 Page 47 of 79 Page 48 of 79 Page 49 of 79 Page 50 of 79 Page 51 of 79 Page 52 of 79 Page 53 of 79 Page 54 of 79 Page 55 of 79 Page 56 of 79 Page 57 of 79 Page 58 of 79 Environmental resources FINAL REPORT TO:Kris McCrain, Planning & Development Services Department THROUGH:Amy E. Griffin, Environmental Resources Director Jennifer L. McGee, Environmental Regulations Manager FROM:Brian Arbeiter, Environmental Planner DATE:August 2nd, 2021 SUBJECT:Travelcamp Future Land Use Map Amendment FLUMA-7202126098 Background The Environmental Resources Department (ERD) is in receipt of the July 12th, 2021 date-stamped submittals from Planning and Development Services. The applicant is requesting approval to change the future land use of the southern portion of the subject parcel (Parcel ID 3415-501-0009-000-4) from Transportation/Utility (T/U) to Commercial (COM). The project is located approximately 1.5 miles south of W Midway Rd at TBD S US Highway 1 in Ft. Pierce and consists of one (1) vacant 4.95-acre parcel (Parcel ID 3415-501-0009-000-4) zoned Commercial General (CG). Findings The subject site is currently vacant and consists primarily of oaks with intermixed invasive species. The heavily wooded southern third of the subject parcel used to be a part of the neighboring parcel to the south but was recently sold and combined with the subject parcel. While the current zoning of Commercial General (CG) is consistent throughout the entire parcel, the future land use remains split due to the recent acquisition. Surrounding future land uses include Commercial (COM) to the east and west, Commercial (COM) and Residential (RU) to the north, and Transportation/Utility (T/U) to the south. The proposed future land use text amendment application is being submitted concurrently with the site plan submittal for an RV sales and repair center. Environmental impacts, specifically tree mitigation and landscaping, will be addressed through the site plan process. Recommendation ERD has no objection to the proposed future land use text amendment request. Please contact Brian Arbeiter at 772-462-2866 if you have any questions. Page 59 of 79 Date Mailed: September 3, 2021 Planning and Development Services Department (772) 462-2822 Applicant: Salem Hassan Travelcamp, LLC 9070 Beach Boulevard Jacksonville, FL 32216 Agent of Record: Michael McCarty McCarty & Associates 309 SW Osceola Street, Suite 104 Stuart, FL 34994 Project Location: TBD – South U.S. Highway 1 Port St. Lucie, FL 34982 Project File Number: FLUMA-7202126098 Parcel ID Number: 3415-501-0009-000-4 Zoning District: CG (Commercial, General) Existing Future Land Use: T/U (Transportation/Utilities) & COM (Commercial) Proposed Future Land Use: COM (Commercial) Public Hearing Notice Thursday, September 16, 2021 Notice of Proposed Future Land Use Map Amendment PLANNING AND ZONING COMMISSION «CuO1FirstName» «CuO1Last-Name» «CuO2FirstName» «CuO2Last-Name» «CuOStreet1» «CuOStreet2» «CuOCity», «CuOState» «CuOPost-al» Meeting Time: 6:00 PM (or soon thereafter) Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 You are receiving this notice because you are a property owner within 500-feet of the proposed petition. Project Description Petition submitted by McCarty & Associ-ates on behalf of Travelcamp, LLC, for an Amendment to the Comprehensive Plan Future Land Use Map, to redesignate the 1.75-acre southern portion of the subject parcel from T/U (Transportation/Utilities) to the COM (Commercial) category. The applicant has submitted a concurrent Minor Site Plan application to construct a 6,000 ft2 display/showroom and an 8,000 ft2 maintenance shop for Recreational Ve-hicle sales Staff Recommendation: Staff recommends the Planning & Zoning Commission forward a recommendation of approval to the Board of County Commis-sioners for the proposed petition. The St. Lucie County Planning and Zoning Commission has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approval or disapproval, any applications within their area of responsibility. The Planning and Zoning Commission strongly encourages your input and com- ment at the public hearing. You may also mail or email written comments regarding this proceeding in advance of the public hearing for inclusion in the official record. Written comments to the Planning and Zoning Commission should be received by the Planning and Development Ser- vices Department-Planning Division at least three (3) days prior to the scheduled public hearing. Anyone with a disability requiring accom-modations to attend this meeting may contact the SLC Community Risk Manag-er at least 48 hours in advance at (772) 462-1546 or TDD (772) 462-1428 Further details are available in the Planning & Development Services De-partment- Planning Division please contact: Staff Kris McCrain Tel (772) 462-1265 Email McCrainK@stlucieco.org Mail Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Page 60 of 79 TR-GCI0721463-01 ST.LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA September 16,2021 NOTICE OF PROPOSED FUTURE LAND USE MAP AMENDMENT The St.Lucie County Planning and Zoning Commission,acting as the Local Planning Agency,isscheduled to review and make arecommendation regarding thefollowingitempetitioned by theFCH Properties LLC,foradoptionbythe Board of County Commissionersof St.Lucie County,Florida,by Ordinance: ORDINANCE APPLICANT:FCH Properties LLC FILE NUMBER:FLUMA-7202126098 LOCATION(S):TBD -South U.S.Highway 1,Fort Pierce,FL 34982 (East Side, approximately 380-feet south of Easy Street and the Indian River Estates residential subdivision) PARCEL ID:3415-501-0009-000-4 PURPOSE:Proposed Amendment to the Comprehensive Plan Future Land Use Map,to redesignatea 1.75-acreportion ofthe4.95-acresubject parcelfromT/U(Transportation/ Utilities)to the Commercial (COM)category. The Planning andZoning Commission PUBLIC HEARINGonthisitem will be held in the CommissionChambers,Roger Poitras Annex,3rd Floor,St.Lucie County Administration Building,2300 Virginia Avenue,Fort Pierce,Florida on Thursday,September 16,2021 beginning at 6:00 pmoras soon thereafter as possible. All interested persons will be given an opportunity to be heard.Written comments received in advanceofthe publichearingwillalsobeconsidered.Writtencommentstothe Planning and ZoningCommission should be received by the Planning and Development Services Department -Planning Division at least three (3)days prior to the scheduled hearing.Thepetition fileis available forreviewat thePlanning and Development Services Department –Planning Offices located at 2300 Virginia Avenue,2nd Floor,Fort Pierce, Florida,during regular business hours.Please call (772)462-2822 or TDD (772)462- 1428 if youhaveany questionsorrequire additional informationaboutthispetition. The St.Lucie County Planning and Zoning Commission has the power to review and make a recommendation to the St.Lucie County Board of County Commissioners,for approval or disapproval,anyapplications withintheir area ofresponsibility. The proceedings of the Planning and Zoning Commission are electronically recorded. PURSUANTTOSECTION 286.0105,FLORIDA STATUTES,if aperson decidesto appeal any decision madeby the Planningand Zoning Commission withrespectto any matter considered ata meeting or hearing,he or she will needa recordof the proceedings.For such purpose,he or she may needto ensurethat a verbatim record of the proceedings is made,whichrecord includes thetestimonyand evidenceupon which the appeal isto be based.Upon the request of any party to the proceeding,individuals testifying during a hearing will be sworn in.Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request.If it becomes necessary,a publichearingmay be continued to adate certain. Anyonewith a disabilityrequiring accommodation toattendthis meeting shouldcontact the St.Lucie County Risk Managerat least forty-eight (48)hours priorto the meetingat (772)462-1546 orT.D.D.(772)462-1428. PLANNINGAND ZONING COMMISSION LOCAL PLANNINGAGENCY ST.LUCIE COUNTY,FLORIDA /S/JAMES TAYLOR,CHAIR PUBLISHDATE:Saturday,September4,2021 ANORDINANCEOF THE BOARDOF COUNTY COMMISSIONERS OFST.LUCIE COUNTY,FLORIDA,TO AMEND THE COMPREHENSIVEPLAN FUTURE LAND USE MAP FOR +/-1.75 ACRESOF A 4.95 ACRE PARCEL OFLAND OWNED BY FCH PROPERTIES LLC,FROM T/U (TRANSPORTATION/UTILITIES) TO COM (COMMERCIAL);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 ECONOMIC OPPORTUNITY;PROVIDING FOR AN EFFECTIVE DATE;AND PROVIDING FOR ADOPTION Page 61 of 79 ITEM NO.(ID # 2021-52326) DATE:9/16/2021 AGENDA REQUEST TO:Planning and Zoning Commission PRESENTED BY:Jodi Nentwick, Senior Planner SUBMITTED BY:Planning & Development Services SUBJECT:A County initiated a Comprehensive Plan Amendment to include a new element entitled Property Rights. Legislation was passed this year that requires each local government to adopt a property rights element as a part of their Comprehensive Plan. ACTING AS THE LOCAL PLANNING AGENCY BOARD MEMBER DISCLOSURES BACKGROUND: House Bill 59 became law on June 29, 2021; and became effective July 1, 2021. The intent of the proposed amendments is to ensure local governments respect judicially acknowledged and constitutionally protected private property rights. The intent also is to ensure that private property rights are considered in local decision-making. PREVIOUS ACTION: On January 9, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Comprehensive Plan. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Planning & Zoning Commission, acting as the Local Planning Agency, recommend the Board of County Commissioners adopt a Comprehensive Plan Text Amendment to include a new element entitled “Property Rights”. COMMISSION ACTION: RESULT: MOVER: SECONDER:None Page 62 of 79 AYES:None NAYS:None EXCUSED:None Coordination/Signatures Date: September 10, 2021 Leslie Olson, Planning & Development Services Director Date: September 13, 2021 Daniel McIntyre, County Attorney Date: September 13, 2021 Mark Satterlee, Deputy County Administrator Page 63 of 79 Planning and Development Services Department Planning Division M E M O R A N D U M TO: Planning and Zoning Commission THROUGH: Leslie Olson, AICP, Director Benjamin Balcer AICP, Assistant Director FROM: Jodi Nentwick, Senior Planner DATE: September 7, 2021 SUBJECT: Comprehensive Plan Text Amendment: to add a New Element Entitled “Property Rights” Pursuant to Chapter 163, Florida Statues – TCP-8202126110 A County initiated a Comprehensive Plan Amendment to include a new element entitled Property Rights. Legislation was passed this year that requires each local government to adopt a property rights element as a part of their Comprehensive Plan. BACKGROUND: House Bill 59 became law on June 29, 2021; and became effective July 1, 2021. The intent of the proposed amendments are to ensure local governments respect judicially acknowledged and constitutionally protected private property rights. The intent also ensures private property rights are considered in local decision making. ANALYSIS: According to the bill, this element needs to be adopted either simultaneous with other comprehensive plan amendments or prior to the adoption of other comprehensive plan amendments, except small scale future land use map amendments. The bill sets forth the statement of rights as follows: The following rights shall be considered in local decision making: • The right of a property owner to physically posses and control his or her interests in the property, including easements, leases, or mineral rights. • The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. • The right of the property owner to privacy and to exclude others from the property to protect the owner’s processions and property. • The right of a property owner to dispose of his or her property through sale or gift. PUBLIC NOITCE An advertisement was displayed in the local newspaper on September 5, 2021, specifying the Planning & Zoning Commission’s Public Hearing, acting as the Local Planned Agency. Page 64 of 79 Project Name: Property Rights Element Project No. TCP-8202126110 2 STAFF RECOMMENDATION: Staff recommends the Planning & Zoning Commission, acting as the Local Planning Agency, recommend the Board of County Commissioners adopt a Comprehensive Plan Text Amendment to include a new element entitled “Property Rights”. Page 65 of 79 Ordinance No. 2021-XX File No. TCP-8202126110 Page 1 . ORDINANCE NO. 2021-XX FILE NO. TCP-8202126110 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE AMENDMENT OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN TO ADD A NEW ELEMENT ENTITILED “PROPERTY RIGHTS” PURSANT TO CHAPTER 163, FLORIDA STATUES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION; PROVIDING FOR FILING WITH THE STATE LAND PLANNING AGENCY, PROVIDING AN EFFECTIVE DATE; PROVIDNG FOR ADOPTION WHEREAS, the County initiated comprehensive plan text amendment, proposes to include a new element entitled “Property Rights” as required by House Bill 59 and as outlined in Exhibit “A”; and 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 County, as the governing body of St. Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida Statues, is authorized and empowered to consider amendment to the adopted Comprehensive Plan of St. Lucie County. 3. On _________, 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 _________, the Board of County Commissioners of St. Lucie County, Florida held the first of two required public hearing, of which due notice was placed in the St. Lucie News Tribune and approved transmittal to the Department of Economic Opportunity D ivision of Community Planning. 5. On _________, 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 approved the adoption of the amendments to the Comprehensive Plan. Page 66 of 79 Ordinance No. 2021-XX File No. TCP-8202126110 Page 2 . 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 amendments to the St. Lucie County Comprehensive Plan, attached herein as Exhibit A. B. CHANGES TO THE COMPREHENSIVE PLAN The Board of County Commissioners does hereby state its intention to amend the St. Lucie County Comprehensive Plan proposes to include a new element entitled “Property Rights” as required by House Bill 59 and as outlined in Exhibit A. 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. Page 67 of 79 Ordinance No. 2021-XX File No. TCP-8202126110 Page 3 . 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 Economic Opportunity, 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 Statues. I. ADOPTION. After motion and second, the vote on this Ordinance was as follows: Chris Dzadovsky, Chair XXX Sean Mitchell, Vice Chair XXX Linda Bartz, Commissioner XXX Frannie Hutchinson, Commissioner XXX Cathy Townsend, Commissioner XXX PASSED AND DULY ENACTED this ___ day of __________________. Attest: Board of County Commissioners St. Lucie County, Florida By: Deputy Clerk Chair Approved As To Form and Correctness: By: County Attorney Page 68 of 79 Ordinance No. 2021-XX File No. TCP-8202126110 Page 4 . Exhibit “A” PROPERY RIGHTS ELEMENT GOALS, OBJECTIVES AND POLICIES Goal 14.1: The County shall make Planning and Development Decisions with respect for property rights and with respect for people’s rights to participate in decisions that affect their lives and property. Objective 14.1.1: The County will respect judicially acknowledged and constitutionally protected private property rights. Policy 14.1.1.1 - The County will consider in its decision-making the right of a property owner to physically posses and control his or her interests in the property, including easements, leases, or mineral rights. Policy 14.1.1.2 – The County will consider in its decision-making the right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances, Policy 14.1.1.3 – The County will consider in its decision-making the right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property. Policy 14.1.1.4 – The County will consider in its decision-making the right of a property owner to disposes of his and her property through sales or gift. Page 69 of 79 Page 70 of 79 Page 71 of 79 Page 72 of 79 Page 73 of 79 Page 74 of 79 Page 75 of 79 Page 76 of 79 THE FLORIDA SENATE 2021 SUMMARY OF LEGISLATION PASSED Committee on Community Affairs This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office. CS/CS/CS/HB 59 Page: 1 CS/CS/CS/HB 59 — Growth Management by State Affairs Committee; Civil Justice and Property Rights Subcommittee; Local Administration and Veterans Affairs Subcommittee; and Rep. McClain and others (CS/CS/CS/SB 496 by Rules; Judiciary; Community Affairs; and Senator Perry) Under current law, local governments create and adopt local comprehensive plans to control and direct land use and development within a county or municipality. The Department of Economic Opportunity oversees the local comprehensive plan system at the state level. Notwithstanding, local governments in the state retain ample independence in the substance of land use regulation of private property within their jurisdiction. The bill amends various sections of Florida law related to local government regulation of land, which is commonly referred to as “growth management.” Comprehensive Plans The bill amends s. 163.3167, F.S., to provide that all local comprehensive plans effective, rather than adopted, after January 1, 2016, and all land development regulations adopted to implement the plan, must incorporate development orders existing before the plan's effective date, may not impair the completion of a development order, and must vest the density and intensity approved on the effective date of the comprehensive plan. Property Rights Element The bill requires all local governments to adopt a property rights element in their comprehensive plans. The bill provides a model statement of property rights a local government may adopt to satisfy this requirement. Notwithstanding, a local government may adopt a distinct property rights element as long as it does not conflict with the model statement. This bill provision instructs local governments to consider certain private property rights when regulating land. The bill directs local governments to adopt this element by the earlier of its next proposed plan amendment initiated after July 1, 2021, or the date of its next comprehensive plan evaluation, as required by s. 163.3191, F.S. Altering a Development Agreement The bill provides that a development agreement between a local government and a party, or its designated successor in interest, may be amended or canceled without securing the consent of parcel owners that were initially subject to the development agreement unless the amendment directly modifies the land uses of an owner's property. Department of Transportation The bill requires the Department of Transportation, when disposing of surplus real property, to give the property's prior owner the right of first refusal to purchase the property. This right of first refusal only applies to the department's disposal of property acquired within 10 years before the date of disposition. Page 77 of 79 2021 Summary of Legislation Passed Committee on Community Affairs This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office. CS/CS/CS/HB 59 Page: 2 Developments of Regional Impact The bill specifies that development agreements for certain developments of regional impact that are classified as "built out" may be amended using the processes adopted by local governments. Any such amendment may authorize the developer to exchange approved land uses if the developer demonstrates that the exchange will not increase impacts to public facilities. This applies to such agreements and amendments effective on or after April 6, 2018. If approved by the Governor, these provisions take effect July 1, 2021. Vote: Senate 38-0; House 82-32 Page 78 of 79 Planning and Development Services Department Planning Division M E M O R A N D U M ITEM 9.D. SUGGESTED MOTIONS: MOTION TO APPROVE AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION, ACTING AS THE LOCAL PLANNING AGENCY FOR ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS APPROVE TRANSMITTAL OF THE PROPOSED COMREHENSIVE PLAN TEXT AMENDMENT TO ADD A NEW ELEMENT ENTITLED PROPERTY RIGHTS TO STATE LAND AGENCY BECAUSE…. [CITE REASONS WHY - PLEASE BE SPECIFIC] MOTION TO DENY AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION, ACTING AS THE LOCAL PLANNING AGENCY FOR ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS DISAPPROVE TRANSMITTAL OF THE PROPOSED COMREHENSIVE PLAN TEXT AMENDMENT TO COMREHENSIVE PLAN TEXT AMENDMENT TO ADD A NEW ELEMENT ENTITLED PROPERTY RIGHTS TO STATE LAND AGENCY BECAUSE…. .[CITE REASONS WHY - PLEASE BE SPECIFIC] Page 79 of 79