HomeMy WebLinkAbout13-036i ORDINANCE 13-036
2 FILE NO.: TCP - 320134609
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4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
5 COUNTY, FLORIDA, AMENDING THE TEXT OF THE COMPREHENSIVE PLAN TO
6 RESOLVE THE RESIDENTIAL OPEN SPACE ISSUE IN THE AGRICULTURAL
7 AREAS OF WESTERN ST. LUCIE COUNTY; REVISING POLICIES 1.1.1.2, 1.1.2.2.,
8 1.1.2.3, 1.1.4.11, 1.1.7.1, 1.4.1.3, 1.4.1.5 AND 6.1.8.5; PROVIDING FINDINGS;
9 PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;
10 PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA
11 DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA
12 DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE
13 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:
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19 1. St. Lucie County has initiated amendments to the text of the Comprehensive Plan to
20 resolve the residential open space issue in the agricultural areas of western St. Lucie
21 County consistent Chapter 163, Florida Statutes; and
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23 2. The Board of County Commissioners of St. Lucie County as the governing body of St.
24 Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida
25 Statutes, is authorized and empowered to consider amendments to the adopted
26 Comprehensive Plan of St. Lucie County; and
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28 3. On April 18, 2013, the St. Lucie County Planning and Zoning Commission/Local
29 Planning Agency held a public hearing, of which due notice was published in the St.
30 Lucie News Tribune, and recommended to the Board of County Commissioners that
31 the petition for an amendment to the text of the Comprehensive Plan be approved; and
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33 4. On May 21, 2013, the Board of County Commissioners of St. Lucie County, Florida
34 held the first of two required public hearing, of which due notice was placed in the St.
35 Lucie News Tribune and approved transmittal to the Department of Economic
36 Opportunity division of Community Planning; and
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38 5. On August 6, 2013, the Board of County Commissioners of St. Lucie County, Florida
39 held a public hearing, of which due notice was placed in the St. Lucie News Tribune,
40 and deemed the adoption of the amendments to the Comprehensive Plan to be in the
41 best interests of the citizens and residents of the County.
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43 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
44 County, Florida:
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46
47 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
48 SAINT LUCIE COUNTY
FILE # 3867550 08/20!2013 a1 11:20 AM
OR BOOK 3550 PAGE 2566 - 2572 Doc Type: ORDN
RECORDING: $61.00
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A. ADOPTION OF THE AMENDMENTS
The Board of County Commissioners does hereby adopt the text amendments to the St. Lucie
County Comprehensive Plan, attached here as Exhibit A.
B. FINDING OF CONSISTENCY
The Board of County Commissioners of St. Lucie County, Florida, specifically determines that
the approval of this amendment to the adopted Comprehensive Plan Future Land Use
Element is internally consistent with the goals, objectives and policies contained in the St.
Lucie County Comprehensive Plan and provides for the recognition that impacts of this
approval on the public facilities of St. Lucie County will not occur until such time as a Final
Development Order for development on this property is issued.
C. CHANGES TO THE COMPREHENSIVE PLAN
The St. Lucie County Planning and Development Services Director is hereby authorized and
directed to cause this change to be made to the text of the St. Lucie County Comprehensive
Plan and to make notation of reference to the date of adoption of this Ordinance.
D. 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 this
Ordinance are hereby superseded by this Ordinance to the extent of such conflict.
E. 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 to any person,
property, or circumstances, such holding shall not affect its applicability to any other person,
property or circumstance.
F. APPLICABILITY OF ORDINANCE
This Ordinance shall be applicable as stated in Paragraphs A, B and C.
G. FILING WITH THE DEPARTMENT OF STATE
The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau
of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304.
H. FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY
The Planning and Development Services Director shall send a certified copy of this Ordinance
to the Department of Economic Opportunity Bureau of Community Planning Caldwell Building
107 East Madison Street, MSC 160 Tallahassee, FL 32399.
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EFFECTIVE DATE
This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is
challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the
State Land Planning Agency or Administration Commission respectively issues a final order
finding the adopted amendment in compliance in accordance with Section 163.3184(10),
Florida Statutes.
J. ADOPTION
After motion and second, the vote on this Ordinance was as follows:
Tod Mowery, Chairman AYE
Frannie Hutchinson, Vice-Chair AYE
Chris Dzadovsky, Commissioner AYE
Paula Lewis, Commissioner AYE
Kim Johnson, Commissioner AYE
PASSED AND DULY ADOPTED this 6th day of August, 2013.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
~'~d i
BY
Chairman
A'
APPROVED AS TO FORM
ANDrGORRECTNESS
County At~,brn
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Exhibit "A"
Text Amendments to the Comprehensive Plan in st~il~b and underline format.
Policy 1.1.1.2 -The County's land use categories shall be described as follows:
A. Agricultural-5 (AG-5)
The AG-5 land use designation is intended for those areas of the County outside of the planned
urban service area which are associated with agricultural and agricultural-related activities.
These areas are recognized for first being appropriate for the production of citrus, cash crops, or
ranching activities. These areas are acknowledged as potentially suitable for limited residential
development under the following criteria:
• All residential development must be in accordance with applicable standards and
restrictions as set forth in the Land Development Code.
• All residential development proposals in excess of ei~#t forty-five (45) units must be
approved through the Planned Development (PD) process as provided in the Land
Development Code.
• Any activity other that crop or food product related production, including combinations of
properties/uses, in excess of 200 acres should identify appropriate mechanisms for
funding the operation and maintenance of necessary infrastructure. Any utility
infrastructure shall be consistent with the Infrastructure Element.
• Residential densities are set at a maximum of .20 units per gross acre (one (1) unit per 5
gross acres).
B. Agricultural-2.5 (AG-2.5)
The AG-2.5 land use designation is intended for those areas of the County outside of the
planned urban service area which are associated with agricultural and agricultural-related
activities. These areas are recognized for first being appropriate for the production of citrus,
cash crops, or ranching activities. These areas are acknowledged as potentially suitable for
limited residential development under the following criteria:
• All residential development must be in accordance with applicable standards and
restrictions as set forth in the Land Development Code.
• All residential development proposals in excess of eig#t forty-five (45) units must be
approved through the Planned Development (PD) process as provided in the Land
Development Code.
• Any activity other that crop or food product related production, including combinations of
properties/uses, in excess of 200 acres should identify appropriate mechanisms for
funding the operation and maintenance of necessary infrastructure. Any utility
infrastructure shall be consistent with the Infrastructure Element.
• Residential densities are set at a maximum of .40 units per gross acre (one (1) unit per
2.5 gross acres).
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Policy 1.1.2.2. - Any application or petition to divide a lot or parcel of record as of January 9,
1990, in the AG-2.5 or AG-5 future land use categories, into more than e}g~t forty-five (45) lots,
parcels or tracts, shall be approved only through the planned development process consistent
with the other Goals, Objectives and Policies of this Plan, ~~^~^+ ,., +h.,~e ine~~nno~ ~~ihoro Oho
If two or more lots, parcels or tracts or combinations of lots, parcels or tracts and portions of
lots, parcels or tracts which are contiguous to other lots, parcels or tracts under single or
common ownership interest and were of record on January 1, 1990, the lands involved shall be
considered to be an undivided parcel for the purposes of this Policy, provided, however, that
lots, parcels or tracts separated by an ingress/egress, access or roadway easement that was of
record on January 1, 1990, but not specifically excluding any easement limited to utilities,
drainage or other non-access purpose, shall not be considered an undivided parcel for the
purpose of this Policy.
Policy 1.1.2.3. -
For any planned development project within the AG-5 and AG-2.5 future land use categories,
the PUD may encompass one or more non-contiguous properties. All of the properties that are
included within the PUD shall be considered together for purposes of calculating the maximum
allowable density and shall be governed by a single authorizing resolution.
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Any planned development project developed within the AG-5 and AG-2.5 future land use
categories in excess of 400 units shall be required to employ proven innovative planning
techniques to reduce the cost of providing public services to the proposed development. Such
techniques may include, but are not limited to, providing for a mix of uses consistent with the
scope and scale of the development and paving appropriate impact fees or assessments to
offset the cost of providing public services.
Policy 1.1.4.11 -Calculate gross residential density on lands that lie above the mean high water
elevation and provide for the ability to transfer a~e~-sister residential density from wetland
and other sensitive or unique environmental habitats to upland areas on contiguous property or
non-contiguous property.
Policy 1.1.7.1 -Continue to encourage the use of planned development
techniques to conserve open space and environmentally sensitive areas, through the County's
Land Development Code which shall include:
a. Minimum acreage requirements necessary to support a viable mixed use community
providing sufficient design flexibility to allow innovation and creativity in all forms of
planned unit developments;
b. Minimum open space ratios of 35 percent in all planned developments and including
assurances that such areas will remain as open space to protect existing native habitat,
to provide for minimum setback needs from adjacent uses, and to provide active and
passive recreational as well as visual amenities;
c. Provisions ensuring the long term preservation of remaining open spaces;
d. A mixed use district combining residential, commercial, recreational, educational, and
other income producing uses providing significant functional and physical integration
among uses;
e. Minimum standards for the provision of on-site shopping, job opportunities and
internal trip capture; and,
f. Specific requirements to provide efficient, centralized infrastructure (potable water and
sanitary sewer). Include specific restrictions on the use of septic tanks, individual wells,
and package plants in planned unit developments.
g. Development consistent with the Towns, Villages and Countryside Element and the
Transfer of Development Rights Program outlined under Objective 11.1.7.
Policy 1.4.1.3 -Consider amending the Land Development Code to ~e
~n~~~~~h~+h,~~~f~rY1 La~~ c+~Twh;;h~T „^~~~a allow the transfer of
development rights ~ among other planning and development tools, to be considered for
approval by the Board of County Commissioners.
Policy 1.4.1.5 -Consider including strategies in the Land Development Code for agricultural
lands to h° ^^^°;,~°~°,~ ;^ +h° ~n~°^+°.^ ~ ,^,~ c+,,,~., include targeting agricultural industries and
activities that
• support bio-fuel production,
• promote agri-tourism, eco-tourism,
• promote/support local food marketing and branding, and
• promote mass stormwater farming, storage and treatment;_
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~ nrmm~+° inn°n+iv°o fnr nl~ ~c+°r°r+ r•°v°Innm°n+ nnr•
Policy 6.1.8.5 - ~~^°^+ ~~ nrnvirl°r! fnr in Dnlirv 1 1 7 '~ of +h° Ci ~+i ~r° I ~n,J I I~° CI°m°n+ °AII
lands within development sites proposed as conservation and open space areas shall be
maintained h°'^~ in ci^nl° num°rchin by n hnm°n~~,n°rc nccnnin+inn nr n+h°r °n+i+., one or more
legal entities approved by the County Attorney that will be responsible for the perpetual
maintenance of the conservation or open space area.
~ i+ili~°,J +n m°°+ +h° minima ~m In+ ~i~° r°ni air°m°n+~
FLORIDA DEPARTMENT O STATE
------,
RICK-SCOTT
Governor
August 26, 2013
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2.300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Kelly Phelan, Executive Recording Secretary
Dear Mr. Smith:
KEN DETZNER
Secretary of State
SEP 0 3 2013
COUNTY ATTORNEY
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated August 23, 2013 and certified copy of St. Lucie County Ordinance No. 13-036, which was filed in
this office on August 26, 2013.
Sincerely,
Liz Cloud
Program Administrator
LC/elr
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
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32399-0250