HomeMy WebLinkAbout13-043
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ORDINANCE 2013-43
FILE NO.: TLDC - 820134658
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE
TO PROVIDE FOR ADMINISTRATIVE EXTENSIONS OF SITE PLANS FOR A
LIMITED TIME PERIOD; REVISING SECTION 11.02.06, CREATING PROVISIONS
FOR ADMINISTRATIVE APPROVALS OF EXTENSIONS TO SITE PLANS;
CREATING EXCEPTIONS AND STANDARDS; PROVIDING FOR CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN
EFFECTIVE DATE; PROVIDING FOR A SUNSET DATE; PROVIDING FOR
ADOPTION; AND PROVIDING FOR CODIFICATION.
WHEREAS, St. Lucie County has experienced an extended economic downturn; and
WHEREAS, the State of Florida adopted statutory extensions of development permits in 2009,
2010 and 2011, in recognition of this economic downturn; and
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, desires to
position the County for economic recovery; and
WHEREAS, extensions of approved site plans aids in positioning St. Lucie County for
economic recovery; 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. This Board is authorized by Section 125.01 (1)(h), Florida Statutes to establish, coordinate
and enforce zoning and such business regulations as are necessary for the protection of
the public; and,
2. This Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions
necessary for the exercise of its powers and to prescribe fines and penalties for the
violations of ordinances in accordance with law.
3. On August 1, 1990 the Board of County Commissioners of St. Lucie County Florida
adopted the St. Lucie County Land Development Code.
4. On September 26, 2013, the Planning and Zoning Commission held a public hearing on
the proposed ordinance after publishing notice in the St. Lucie News Tribune at least 10
days prior to the hearing and recommended that the proposed ordinance be approved.
5. On December 3, 2013, this Board held its first public hearing on the proposed ordinance,
after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days in
advance.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3910141 12/26/2013 at 01:13 PM
OR BOOK 3590 PAGE 1910 - 1914 Doc Type: ORDN
RECORDING: $44.00
File No.: TLDC - 820134658
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6. On December 17, 2013, this Board held its second public hearing on the proposed
ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least
10 days in advance.
7. The proposed amendment to the St. Lucie County Land Development Code is consistent
with the general purpose, goals, objectives and standards of the St. Lucie County
Comprehensive Plan and is 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:
A. The specific amendment to the St. Lucie County Land Development Code to read
as follows in underline format:
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11.02.06 Expiration of Final Site Plan Approval
B. Sife Plan Extensions:
Minor Site Plan Extensions:
a. Notwithstanding the other provisions of this Code, a Minor Site Plan
approval may be extended by the Growth Management Director, for periods of
up to twelve (12) months, from its date of expiration. Any request for site plan
extension shall be submitted in writing to the Director at least two weeks prior
to the date of site plan expiration. All requests for site plan extension shall be
accompanied by a complete explanation of the reasons that the site plan
extension is necessary.
b. No Minor Site Plan shall be extended for any period beyond 12
months of the date of original expiration as set forth in the Final Development
Order for that Minor Site Plan without undergoing a complete re-review in
accordance with the provisions of Section 11.02.00 and demonstration of
compliance with all applicable codes in effect at that time.
2. Major Site Plan Extensions:
a. Notwithstanding the other provisions of this Code, a Major Site Plan
approval may be extended by the Board of County Commissioners, for
periods of up to twelve (12) months, from its date of expiration. Any request
for site plan extension shall be submitted in writing to the Growth Management
Director at least two weeks prior to the date of site plan expiration. All
requests for site plan extension shall be accompanied by a complete
explanation of the reasons that the site plan extension is necessary.
b. No Major Site Plan shall be extended for any period beyond 24
months of the date of original expiration as set forth in the Final Development
File No.: TLDC - 820134658
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1 Order for that Major Site Plan without undergoing a complete re-review and
2 demonstration of compliance with all applicable codes in effect at that time.
3 3. Planned Development Site Plan Extensions:
4 a. Notwithstanding the other provisions of the Code, a Preliminary
5 Planned Development Site Plan approval may be extended by the Board of
6 County Commissioners, for periods of up to twelve (12) months, from its date
7 of expiration following a public hearing before the Board of County
8 Commissioners consistent with the provisions of Section 11.00.03 and
9 11.00.04. All requests for Planned Development Site Plan extension shall be
10 accompanied by a complete explanation of the reasons that the site plan
11 extension is necessary.
12 b. No Preliminary Planned Development Site Plan shall be extended for
13 any period beyond 12 months from the date of original expiration as set forth
14 in the Preliminary Development Order for that Preliminary Planned
15 Development Site Plan without undergoing a complete re-review in
16 accordance with the provisions of Section 11.02.00 and demonstration of
17 compliance with all applicable codes in effect at that time.
18 c. Notwithstanding the other provisions of the Code, a Final Planned
19 Development Site Plan approval may be extended by the Board of County
20 Commissioners, for periods of up to twelve (12) months, from its date of
21 expiration following a public hearing before the Board of County
22 Commissioners consistent with the provisions of Section 11.00.03 and
23 11.00.04. All requests for Planned Development Site Plan extension shall be
24 accompanied by a complete explanation of the reasons that the site plan
25 extension is necessary.
26 d. No Final Planned Development Site Plan shall be extended for any
27 period beyond 24 months from the date of original expiration as set forth in the
28 Final Development Order for that Final Planned Development Site Plan
29 without undergoing a complete re-review in accordance with the provisions of
30 Section 11.02.00 and demonstration of compliance with all applicable codes in
31 effect at that time.
32 4. Administrative Extensions to Site Plans
33 a. Purpose. The purpose of this administrative extension process is
34 to address the challenges of development during the recent recession, and to
35 position St. Lucie County for recovery.
36 b. Applicability. An approved site plan which has an expiration date of
37 January 1, 2013 through December 31, 2014 is extended and renewed for a
38 period of two (2) years after its previous date of expiration. This extension
39 ~~lies to all site plans expiring within this timeframe, regardless of previous
40 extensions Granted.
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c. Process. The holder of a valid site plan, expiring after February
27 2014 that is eligible for the two (2) year extension must notify the
Planning and Development Services Director in writing prior to expiration. For
those Site Plans expired between the dates of January 1, 2013 and February
27 2014 the holder must notify the Planning and Development Services
Director prior to February 28, 2014. The holder must identify a reason for the
extension and the anticipated timeframe for acting on the authorization.
d. Exceptions. This administrative extension process does not apply
to an approved site plan held by an owner or operator determined to be in
significant non-compliance with the conditions of the site plan.
B. 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.
C. 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.
D. APPLICABILITY OF ORDINANCE
This Ordinance shall be applicable in the unincorporated area of St. Lucie County.
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 Laws, Department of State, The Capitol, Tallahassee, Florida, 32304.
F. EFFECTIVE DATE
This ordinance shall take effect upon filing with the Department of State.
File No.: TLDC - 820134658
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G. ADOPTION
After motion and second, the vote on this Ordinance was as follows:
Frannie Hutchinson, Chair AYE
Paula Lewis, Vice-Chair AYE
Chris Dzadovsky, Commissioner AYE
Tod Mowrey, Commissioner AYE
Kim Johnson, Commissioner AYE
PASSED AND DULY ADOPTED this 17th day of December
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
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APPROVED AS TO FORM AND
CORRECTNESS:
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FL~ DEPARTMENT Of STATE
RICK SCOTT
Governor
October 13, 2014
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Sue Korunow
Dear Mr. Smith:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 13-043, which was filed in this office on October 13,
2014.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (8501245-6270 • Facsimile: (8501488-9879
www.dos.state.tl.us