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HomeMy WebLinkAbout11-005 ORDINANCE NO. 11-005 m~ ~ D`o (fka 10-033) A o ~ ~ m °~c~''nrx AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND ~ N ~ n m ~~rnti DEVELOPMENT CODE TO PROVIDE FOR EMINENT DOMAIN ~ D N o~ N Z WAIVERS BY AMENDING SECTION 2.00.00 "DEFINITION$" TO c O"'In INCLUDE DEFINITIONS OF ACQUIRING AUTHORITY AND EMINENT o~~ m z DOMAIN WAIVER; FURTHER AMENDING CHAPTER 10 TO ADD o SECTION 10.03 "EMINENT DOMAIN WAIVER" TO PROVIDE FOR A _ WAIVER WHERE EMINENT DOMAIN ACTION RENDERS A SITE NON- ~ ~ CONFORMING; AMENDING BOARD OF ADJUSTMENT POWER TO ~ INCLUDE THESE WAIVERS; PROVIDING FOR CONFLICTING v ~ PROVISIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR ~ SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENTOF ~ STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 1,1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 March 14, 1991 91-09 May 14, 1991 91-21 November 7, 1991 92-17 June 2, 1992 93-Q1 February 16, 1993 93-03 February 16,1993 93-05 May 25, 1993 93-06 May 25, 1993 93-07 May 25, 1993 94-07 June 22, 1994 94-18 August 16, 1994 94-21 August 16, 1994 95-01 January 10, 1995 96-10 August 6, 1996 97-01 March 4, 1997 97-09 October 7, 1997 97-03 September 2, 1997 99-01 February 2, 1999 99-02 April 6, 1999 99-03 August 17, 1999 99-04 August 17, 1999 99-05 July 20, 1999 99-05 J u ly 20, 1999 99-015 J u ly 02, 1999 99-16 September 7, 1999 99-018 November 2, 1999 00-10 June 13, 2000 00-011 June 13, 2000 00-12 June 13, 2000 00-013 June 13, 2000 01-03 December 18, 2001 02-05 June 24, 2002 Underlined passages are added. ' 1' S~azktMottg+r passages are deleted. . 02-09 March 5, 2002 02-20 October 15, 2002 02-29 October 15, 2002 03-05 October 7, 2003 04-02 January 20, 2004 04-07 Apri) 20, 2004 05-07 January 18, 2005 05-013 November 8, 2005 05-16 August 16, 2006 05-023 September 20,2005 06-17 May 30, 2006 06-018 May 30, 2006 06-030 September 12, 2006 06-047 December 5, 2006 07-018 December 18, 2007 07-032 - November 6, 2007 07-041 September 4, 2007 08-004 - March 11, 2008 08-08 June 17, 2008 08-012 - September 12, 2008 08-025 September 14, 2008 09-003 - January 20, 2009 09-007 September 1, 2009 09-012 - May 19, 2009 09-013 May 19, 2009 09-025 - October 6, 2009 10-003 February 2, 2010 10-026 - September 6, 2010 10-034 November 9, 2010 3. On September 16, 2010 and November 18, 2010, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in St. Lucie News Tribune at least 10 days priorto the hearing and recommended that the proposed ordinance be approved. On November 18, 2010, the Local Planning Agency/Planning and Zoning Commission voted to recommend that the Board of County Commissioners approve the proposed ordinance. 4. On December 21, 2010, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on December 10, 2010. 5. On January 4, 2011, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on December 24, 2010. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Chapter II "Definitions", the Table of Contents is hereby amended to read as follows: 2.00.00 DEFINITIONS 2-3 "ACCESSORY USE" through "ACCESSWAY" remain unchanged. The following is added: Underlined passages are added. -2' Straekthreagh passages are deleted. ACQUIRING AUTHORITY 2-12 "ADDITION (TOAN EXISTING BUILDING)" through "COUNTY ROAD SYSTEM" remain unchanged. The following is added: CURE PLAN 2-10 "DEFICIENT ROAD SEGMENT" through "ELEVATED BUILDING" remain unchanged. The following is added: EMINENT DOMAIN ACTION 2-16 EMINENT DOMAIN WAIVER 2-16 "ENVIRONMENTALLY SENSITIVE RESOURCES OR HABITATS" through "PARCEL OF LAND" remain unchanged. The following is added: PARENT TRACT 2-30 "PARKING SPACE" through "RELIGIOUS FACILITY" remain unchanged. The following is added: REMAINDER PARCEL 2-34 The remainder of Section 2.00.00 DEFINITIONS - Table of Contents remain unchanged. PART B. Chapter II "DEFINITIONS" is hereby amended to read as follows: The following definition will be added between the definitions of "ACCESSWAY" and "ADDITION (TO AN EXISTING BUILDING)": ACQUIRING AUTHORITY: The governmental entitv proposing to acquire private property for public transportation or other purpose, pursuant to eminent domain action. Acquirin~ authorities include, but are not limited to St. Lucie County ("County"), and the Florida Department of Transportation ("FDOT"). The following definition will be added between the definitions of "ADDITION (TO AN EXISTING BUILDING)" and "COUNTY ROAD SYSTEM": Underlined passages are added. '3' passages are deleted. CURE PLAN: A site plan submitted by an acquiring authority or propertv owner for a site subiect to an eminent domain action The plan shall show proposed changes to structures or other phvsical features of the remainder parcel necessarv to make the remainder parcel as compliant with the ~~licable Land Development Code as feasible. The following definitions will be added between the definitions of'ELEVATED BUILDINGS" and "ENVIRONMENTALLY SENSITIVE RESOURCES OR HABITATS": EMINENT DOMAIN ACTION: A series of actions taken by an acquiring authoritv to obtain an interest in or title to all or some part of privately held real property for a public use. This term shall include voluntarv and involuntary conveyance under the threat of condemnation, takin~ or expropriation. EMINENT DOMAIN WAIVER: Authorization from St. Lucie County for the continued use and enjovment of a remainder parcel subseauent to an eminent domain action. An eminent domain waiver shall not be issued where the remainder parcel and existin~ structures conform with the applicable zonin~ district. The following definitions will be added between the definitions of "PARCEL OF LAND" and "PARKING SPACE": PARENT TRACT: The parcel of land that existed prior to an acauiring authority obtaining an interest in or title to some portion of the parcel through eminent domain action. The following definition will be added between the definitions of "RELIGIOUS FACILITY" and "REMOVE OR REMOVAL OF VEGETATION": REMAINDER PARCEL: That portion of the parent tract remaining in private ownership followin~ eminent domain action The remainder parcel mav be vacant or improved, just as the parent tract mav be vacant or improved. PART C. Chapter X"HARDSHIP RELIEF" is hereby amended to read as follows: 10.03.00 Eminent Domain Waiver Underlined passages are added. '4- S~aek-tMeagh passages are deleted. 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-acauisition condition. Waivers provided herein can be obtained for nonconforming lots and structures. Waivers cannot be granted for nonconforming uses. Sections 10.03.00 and 10.03.01 shall be aeplicable only after the Board of County Commissioners adopts a resolution approvingthe use of eminent domain waiver for specific public projects. The Countv will mail notification via certified mail to the propertv owner and acauirin~ authority (if the County is not the acquiring authority) at least ten (10) days prior to the meeting date for the resolution to be considered by the Board of Countv Commissioners. A. Applicabilitv 1. Vacant parcels, whether conforming or non-conforming lots, shall be eligible for an eminent domain waiver from, including, but not limited to, minimum lot size requirements, pursuant to Section 10.03.00, Land Development Code. 2. Developed parcels. Where an eminent domain action reduces the lot size and creates a nonconforming remainder parcel but does not require the relocation of site features, said parcel shall be eligible for an eminent domain waiver from the Land Development Code such as but not limited to, minimum lot size, and buildin~ coverage requirements, pursuant to Section 10.03.00, Land Development Code. 3. Developed parcels. Where an eminent domain action requires the relocation of site features such as but not limited to, buildin~s, parking spaces, landscaping, storm water facilities, dumpsters, li~ht poles and signs such a parcel shall be eligible for an eminent domain waiver, pursuant to Section 10.03.00, St. Lucie County Land Development Code. B. The acquiring authoritv and/or the propertv owner are each hereby granted the authority to apply for a waiver from the Land Development Code on a remainder parcel that has resulted or will result from an eminent domain action. The application may be made prior to or after the acauirin~ authority obtaining title to some part of the parent tract. C. Procedure to apply for an eminent domain waiver. 1. Eithertheacquirin~authorityorthepropertyownershallfileforaneminent domain waiver application within six (6) months from the entrv of an Order of Taking with the County Administrator or designee. The applicable fee, established by resolution, shall be submitted with the application in addition to the following documents: a. A boundarx surveyprepared accordin~ to the current standards of Underlined passages are added. -5' St~aekthroa~h passages are deleted. Chapter 5J-17 Florida Administrative Code, as may be amended, of the parent tract and a le~al description of the portion to be acquired and the remainder parcel shall be submitted for those circumstances described in Section 10.03.OOA above. The boundary survey shall show the parent tract and the remainder parcel including, but not limited to, buildin~s, parkin~, landscapin~, sprinkler systems storm water facilities wells and septic systems, lightin~ features, fences, signage, easements of record, adjacent ri~hts of ways and topo~raphic data. b. A site ~lan (a cure plan as defined herein) showing the parent tract and the remainder parcel with the ~roposed changes to the site includin~, but not limited to, buildings parking landscaping storm waterfacilities, topographic data and adiacent ri~ht-of-way. A cure elan shall be reauired only for those parcels described in Section 10.03.OOA3 above. 2. If an application for a waiver is submitted by an acquiring authority, the property owner shall be mailed notification via certified mail (return receipt requested) bv the County Administrator or designee within 10 days ofthe application submittal date. Likewise, ifthe property owner applies for a waiver, the acquiring authority shall be mailed notification via certified mail (return receipt requested) bv the County Administrator or desi~nee within 10 davs of the a~plication submittal date. 3. Afterthe Board of County Commissioners adopts a resolution approvin~the use of eminent domain waiver for a specific project, the Board of Adjustment (BOA) shall consider the request for an eminent domain waiver at a public hearin~. The public hearin~ mav be continued by the BOA to a fixed date, time and place. After the conclusion of the public hearin~, the BOA shall approve, aQprove with modifications or denv the reauest for an eminent domain waiver by resolution which shall constitute the final action of the BOA. The propertv owner shall not be required to implement the waiver or cure plan approved by the BOA. D. Standards of issuance of eminent domain waivers. 1. If an existing lot, parcel or structure becomes nonconformin~ (or an existing nonconformity becomes less conforming) as a result of a~overnmental acquisition, a waiver may be ~ranted provided a determination is made that: a. The requested waiver shall not adversely affect safetv, aesthetic or environmental conditions of nei~hborin~properties; and b. The reauested waiver shall not adversely affect the safetv of ~edestrians or operations of motor vehicles; and c. The requested waiver will not encoura~e or promote the continuation of existin~ uses of the property which have been or will be rendered unfeasible or im~ractical due to the impacts of the taking and/or construction of the roadway or other facility Underlined passages are added. '6- ~h passages are deleted. including but not limited to aesthetic noise dust, vibration, safetv, land use comqatibilitv, environmental or other impacts. d. The remainder parcel shown on the As-built drawin~ and the cure ~lan shall be the site on which com~liance with the Land Development Code must be shown. All calculations shall be based upon the acrea~e of the remainder parcel. 2. Eminent domain waivers are not restricted by the variance limitations in Section 10.01.03 of the St. Lucie County Land Development Code. 10.03.01 Status of parcels during or after acquisition by eminent domain action. A. Where a waiver is issued pursuant to Section 10.03.00, Land Development Code, the waiver shall become effective and the remainder parcel shall be considered compliant to the degree feasible after an acauirin~ authority takes interest in or title to real propertv subiect to an eminent domain action. B. Where a property owner accepts a waiver on a vacant parcel or where no cure plan was necessarv the waiver shall remain valid and applicable to the remainder parcel indefinitelv. However future site plan and building permit approvals shall complvwith all provisions in the Land Development Code except those listed in the waiver. For developed parcels the extent to which a remainder parcel has received s~ecific exceptions listed in a waiver those exceptions may not be increased or expanded bv future development plans, site plans or buildin~ permits. C. Where a private property owner accepts a waiver based upon a cure plan, the ehvsical chan~es to the remainder parcel specified in the cure plan, shall occur within 365 davs from the date the acauiring authority takes an interest in or title to some part of the parent tract. 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 propertv owner may applv to the County Administrator for a one time extension of up to 365 additional davs. Further extensions mav be granted bv the County Administrator onlv in the event that compensation from the condemning authoritv has not been resolved within the first two 365 da eriods. D. The provisions of Section 10.03.00, Land Development Code shall not be interpreted to allow for the continued existence of buildin~ or safety code violations that are determined to be a threat to the public health, safety or welfare. E. The County shall continue to enforce all applicable buildin~ and safetv codes even throu~h the subiect property is part of a pendin~ ~overnmental acauisition. PART D. Section 12.04.00 Board of Adjustment is amended to read as follows: Underlined passages are added. -7- ~eagl+ passages are deleted. Section 12.04.01 Powers and Duties The Board of Adjustment shall have the following powers and duties under this Code: A. The power to authorize variances from the dimensional, floodplain, and airport height requirements of this Code, in accordance with the provisions in Section 10.01.00. B. The power to authorize eminent domain waivers. ~C. The powers to hear and decide appeals initiated by any person, officer, board, or bureau of St. Lucie County aggrieved by any decision, order, determination, or interpretation of any administrative official of the County with respect to the provisions of this Code, except for appeals with respect to Wellfield Protection, Vegetation Protection and Preservation, Mangrove Alteration and Selective Trimming, Sea Turtle Protection, Coastal Area Protection, Wetland Protection, Native Upland Habitat Protection, Adequate Public Facilities, and Vested Rights, as provided in Section 11.11.00. E.D. The powers to make its special knowledge and expertise available upon reasonable written request and authorization by the Board of County Commissioners to any official, department, board, commission, or agency of a city, county, state, or federal government. ~:E. The powers to adopt rules of procedure that are not in conflict with the provisions of this Code. PART ~:E. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, Countyordinances and County resolutions, or partsthereof, in conflictwith this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART ~F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicab?e in the unincorporated area of St. Lucie County. PART ~G. 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 provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or Underlined passages are added. -8' Scr~kthrov~+r passages are deleted. circumstance. PART 6:H. 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 +~I. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART ~:J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft AYE Vice Chairman Chris Dzadovsky AYE Commissioner Paula A. Lewis AYE Commissioner Tod Mowery AYE Commissioner Frannie Hutchinson AYE PART J. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, 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 C through J shall not be codified. a,,~ ; ~ r . ~ ~c,' ~ PASSED AND DULY ADOPTED this 15t day of February 2011. ~~'>~i?~~~>*~ " ~ k BOARD F UN M. 5~10 ~S ~ , ~ ~ ATTEST: ST. CIE OU , OR , ~ ~ , _ ~ a , r,~,{,~ ~ _ ' Y: :~:4* ~ Deputy Clerk'~ C n ~ > i ~~,~,~k,~~.r . ; ~ _ ~~_~M ; ° ~ ~ f ~ ~S~ ~ ~~~s~~~ , ' ~ ` ; , APPROVE S TO FORM AND ~ b ~ Sy.a~.,, d 5 ~ " ' ~1 d~. ~ 4*, ~~5~'~'~~~'~'~~~~ COR ECT ESS. ~ ,~.,"t BY: C unty Attor ey Underlined passages are added. '9- 5truek-throaSM+ passages are deleted. RICK SCOTT Governor February 10, 2011 Honorable Joseph E, Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Ave Fort Pierce, Florida 34982 Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter February 7, 2011 and certified copies of St. Lucie County Ordinance Nos. 11-004 and 11-005, which were filed in this office on February 9, 2011. Sincerely, CI Liz Cloud Program Administrator LC/vm DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street Tallahassee, Florida 32399-0250 850.245.6600 FAX: 850.245.6282 • TDD:850.922.4085 • http://dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX: 850.245.6643 850.245.6600 FAX: 850.245.6744 850.245.6700 FAX: 850.488.4894 KURT S. BROWNING Secretary of State CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMII~IISTRATIVE CODE AND WEEKLY 850.488.2812 FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282 STATE LIBRARY AND ARCHIVES OF FLORIDA