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BOARD OF ADJUSTMENT
BOA RESOLUTION 16-014
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF ST. LUCIE COUNTY,
FLORIDA CLARIFYING THE TEXT OF THE LAND DEVELOPMENT CODE
SECTION 10.03.01. - STATUS OF PARCELS DURING OR AFTER ACQUISITION
BY EMINENT DOMAIN ACTION; PROVIDING FOR ADOPTION AND PROVIDING
FOR RECORDING IN THE PUBLIC RECORDS.
WHEREAS, the Board of Adjustment of St. Lucie County, Florida has made the following
determinations:
1. On February 1, 2011, the Board of County Commissioners of St Lucie County Florida
adopted Ordinance 11-005 which amended the St Lucie County Land Development
Code to provide for eminent domain waivers and added Section 10.03.00 Eminent
Domain Waiver that provides for the use of a waiver where an eminent domain action
renders a site nonconforming.
2. On September 1, 2015, the Board of County Commissioners adopted Ordinance 15-
010 amending Section 10.03.00 of the Land Development Code after holding the
required public hearings on the proposed ordinance and publishing due notice in the
St. Lucie News Tribune.
3. Following adoption of Ordinance 15-010, revision of Section 10.03.01, affected parties
requested a formal clarification of the effect of Section 10.03.01 C on the expiration
date of Eminent Domain Waivers granted by the Board of Adjustment prior to the
amendment adoption date. The intent of this Resolution is to provide that clarification.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie
County, Florida:
A. The Board of Adjustment hereby finds that the language cited in Land Development
Code Section 10.03.01 C, as amended on September 1, 2015, is applicable to
Eminent Domain Waivers granted prior to September 1, 2015. The specific changes
in Ordinance 15-010 regarding the status of the approved eminent domain waivers is
cited below:
10.03.01. - Status of parcels during or after acquisition by eminent domain
action.
A. - B. <unchanged>
File No. BA 520165021 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT BOA Resolution 16-014
Page 1 SAINT LUCIE COUNTY
FILE# 4233609 09/27/2016 04:39:19 PM
Septebmer 14, 2016
OR BOOK 3916 PAGE 1408 - 1409 Doc Type: RESO
RECORDING: $18.50
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C. Where a private property owner accepts a waiver based upon a cure plan,
the physical changes to the remainder parcel, specified in the cure plan, shall
occur within 365 days from the later of (1) the date the acquiring authority takes
an interest in or title to some part of the parent tract, or (2) the date project
construction is completed by the condemning authority, or (3) the date that all
license or temporary easement interests of the condemning authority affecting
the area(s) to be cured have terminated or expired. Future site plan and
building permit approvals shall comply with all provisions in the Land
Development Code except those listed in the waiver. Within the 365 day time
period described above, the property owner may apply to the County
Administrator for a one time extension of up to 365 additional days. Further
extensions may be granted by the County Administrator only in the event that
compensation from the condemning authority has not been resolved within the
first two 365 day periods.
B. A copy of this Order shall be placed on file with the St. Lucie County Planning and
Development Services Director and recorded in the public records of St. Lucie County.
C. After motion and second, the vote on this resolution was as follows:
Chairman Robert J. Lowe
AYE
Vice -Chair Ron Harris
AYE
Captain Derek Foxx
AYE
Michael Jacquin
AYE
Richard Pancoast
AYE
PASSED AND DULY ADOPTED This 14th day of September, 2016.
BOARD OF ADJUSTMENT
A ST. LUCIE COUNTY FLORIDA
' r
ec ary.46han
APPROVED AS TO FORM
AND CORRECTNESS:
1-01
Asst. Coun Attorney
File No. BA 520165021
Page 2
BOA Resolution 16-014
Septebmer 14, 2016