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Home My WebLink About15-010a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4110831 09/15/2015 at 09:53 AM OR BOOK 3787 PAGE 864 - 866 Doc Type: ORDN RFC;ORDING: $27.00 ORDINANCE 15-010 FILE NO.: TLDC 420154861 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 10.03.00 EMINENT DOMAIN WAIVERS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. On June 18, 2015, the Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing due notice in the St. Lucie News Tribune and recommended that the proposed ordinance be forwarded with a recommendation for approval. 3. On August 4, 2015, this Board held its first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 4. On September 1, 2015, this Board held its second public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 5. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE ARE TO READ AS FOLLOWS: 10.03.00. - EMINENT DOMAIN WAIVER An eminent domain waiver is intended to provide property owners a viable and fair alternative to the adverse impact on their property, as a result of an eminent domain action. It allows the continued use of the remainder parcel in a manner similar to its pre-acquisition condition. Waivers provided herein Ordinance No. 15-010 File No.: TLDC 420154861 Page 2 1 can be obtained for nonconforming lots and structures. Waivers cannot be granted for nonconforming 2 uses. 3 Sections 10.03.00 and 10.03.01 shall be applicable only after the Board of County Commissioners 4 adopts a resolution approving the use of eminent domain waiver for specific public projects. The County 5 will mail notification via GeFtified to the owners of property owner located in unincorporated St. 6 Lucie County and the acquiring authority (if the County is not the acquiring authority) at least ten (10) 7 days prior to the meeting date for the resolution to be considered by the Board of County 8 Commissioners. 9 A.- D.<unchanged> 10 11 10.03.01. - Status of parcels during or after acquisition by eminent domain action. 12 A. - B. <unchanged> 13 14 C. Where a private property owner accepts a waiver based upon a cure plan, the physical changes 15 to the remainder parcel, specified in the cure plan, shall occur within 365 days from the later of (1) 16 the date the acquiring authority takes an interest in or title to some part of the parent tract, or 2 17 the date project construction is completed by the condemning authority, or (3) the date that all 18 license or temporary easement interests of the condemning authority affecting the area(s) to be 19 cured have terminated or expired. Future site plan and building permit approvals shall comply with 20 all provisions in the Land Development Code except those listed in the waiver. Within the 365 day 21 time period described above, the property owner may apply to the County Administrator for a one 22 time extension of up to 365 additional days. Further extensions may be granted by the County 23 Administrator only in the event that compensation from the condemning authority has not been 24 resolved within the first two 365 day periods. 25 26 D. - E. <unchanged> 27 28 PART B. CONFLICTING PROVISIONS. 29 30 Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, 31 County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby 32 superseded by this ordinance to the extent of such conflict. 33 34 PART C. SEVERABILITY. 35 36 If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, 37 or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any 38 provision thereof shall be held to be inapplicable to any person, property, or circumstance, such 39 holding shall not affect its applicability to any other person, property, or circumstance. 40 41 PART D. APPLICABILITY OF ORDINANCE. 42 43 This ordinance shall be applicable in the unincorporated area of St. Lucie County. 44 45 46 47 Underline is for Addition StF is for Deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Ordinance No. 15-010 File No.: TLDC 420154861 Page 3 PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Paula Lewis, Chair AYE Kim Johnson, Vice -Chair AYE Chris Dzadovsky, Commissioner AYE Tod Mowery, Commissioner AYE Frannie Hutchinson, Commissioner AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word 'ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. Attest: PASSED AND DULY ENACTED this 1st day of September, 2015 Board of County Commissioners St. Lucie ounty, Florida By: /x, Chair Approved ATo Form and Correctness: /1 4,/ By: County Atto Underline is for Addition S•-'k� e,,hFaug : is for Deletion RICK SCOTT KEN DETZNER Governor Secretary of State September 21, 2015 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Sue Korunow, Recording Secretary/Finance Assistant Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 15-010, which was filed in this office on September 21, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Facsimile: (850) 488-9879 www.dos.state.fl.us