The URL can be used to link to this page

Home My WebLink About11-026JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3620867 O8/2y2011 at 02:34 PM OR BOOK 3317 PAGE 2156 - 2159 Doc Type: ORDN RECORDING: $35.50 ORDINANCE NO. 1 l -026 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, ADOPTING REMEDIAL AMENDMENTS TO THE COMPREHENSIVE PLAN RELATING TO PREVIOUSLY ADOPTED EVALUATION AND APPRAISAL AMENDMENTS, WHICH REMEDIAL AMENDMENTS ARE ATTACHED AS EXHIBIT "A"; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND OTHER AGENCIES AS REQUIRED BY LAW; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the State of Florida, Department of Community Affairs ("DCA" or "Department"),and it successor agency, the Department of Economic Opportunity, is the state land planning agency and has the authority to administer and enforce the Community Planning Act, Chapter 163, Part II, Florida Statutes; and WHEREAS, St. Lucie County ("County") is a local government with the duty to adopt comprehensive plan amendments that are "in compliance;" and WHEREAS, Petitioner, Evans Properties, Inc. owns properties within the County that is the subject of the EAR Amendments, and is the Petitioner in the above-styled cases; and WHEREAS, the County adopted the Evaluation and Appraisal Report (EAR) Amendments by Ordinance No. 10-020 on October 20, 2010; and WHEREAS, DCA issued its Notice of Intent dated December 13, 2010 finding the EAR Amendments "in compliance"; and WHEREAS, pursuant to Section 163.3184, Florida Statutes, Petitioner filed a petition challenging the EAR Amendments ("Petition"); and WHEREAS, the County disputes the allegations in the Petition regarding the EAR Amendments; and WHEREAS, the Petitioner has agreed that if the County adopts the EAR remedial amendments attached as Exhibit "A", the Petitioners will dismiss their Petition challenging the EAR amendments. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above stated recitals is hereby adopted and confirmed. Section 2. Adoption of Evaluation and Appraisal Report Remedial Amendments. The Board hereby adopts the Evaluation and Appraisal Report Remedial Amendments to the St. Lucie County Comprehensive Plan, attached as Exhibit "A." Underlined passages are added. -1- Senrek-lhrensh passages are deleted. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Transmittal. The County Planning and Development Services Director is hereby directed to ensure that this Ordinance and all necessary supporting data and analysis and other relevant documents are forwarded within 10 working days to the Department, the Treasure Coast Regional Planning Council and other agencies in accordance with Rule 9J-11.0131, Florida Administrative Code. Section 5. Effective Date. The effective date of the comprehensive plan amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance with Section 163.3184(1)(b),Ftorida Statutes, whichever is applicable. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department, Division of Community Planning, Plan Processing Team. An Adopted amendment whose effective date is delayed by law shall be considered part of the adopted plan until determined to be not in compliance by final order of the Administration Commission. Then, it shall no longer be part of the adopted plan unless the Board adopts a resolution affirming its effectiveness in the manner provided by law. After motion and second, on second hearing and adoption, the vote on this ordinance was as follows: Chairman Chris Craft AYE Vice Chair Chris Dzadovsky AYE Commissioner Paula A. Lewis AYE Commissioner Frannie Hutchinson AYE Commissioner Tod Mowery AYE PASSED AND DULY A ATTEST: Deputy Clerk i ~ ~'-=~ :o r ~ _ k ~;1' jyt ~ ' •~ f t ,- ~~ r -_ ~ „ , ~;; ,, x; . rk T. ~ Ste'`.." BY: 16th day of August 2011. County Underlined passages are added. '2' Strvekthreer~Fr passages are deleted. APPROVED A$ TO FORM AND EXHIBIT °fA" Policy 1.1.4.6 -Future land use map amendment applications that increase ~esider~ial .the number of potential dwelling units within the unincoroorated county at build-out under this Plan must be based upon data showtne at least the minimum amount of land needed to accommodate projected seasonal and nnanent ulat~on in accordance with Section 163.3177 Florida Statutes. Policy 1.1.5.14 -Require that new development be designed and planned in a manner which does not plaee~ar~ shift the economic I~~ impact of new development to existing taxpayers, services and facilities of St. Lucie County. Economic impact shall be determined based upon the Qoals, objectives and policies of this Comprehensive Plan and applicable county regulations. Policy 1.4.1.3 - Consider :4amendi~ the Comprehensive Plan t ' be consistent with the Western Lands Study, which may include a transfer of development ri¢hts program anion other planning and development tools to be considered for as approvedal by the Board of County Commissioners. Shat-proserves~d Policy 4A.1.1.3 - In order to discourage the roliferation of urban sprawl as defined in Sections 163 3164 and 163 3177 Florida Statutes in the unincorporated azeas of the County, no water or sewer utility companies shall be permitted to construct or install water or sewer facilities to serve or provide water or sewer utility service to new development within the unincorporated areas of the County without the consent of the County Commission. Policy 4A.1.2.6 -Development approved by the County Commission within the unincorporated area of the County requiring central potable water service will only be permitted when such development ties into existing potable water facilities of, or makes provision for obtaining potable water service from, the County Utility District, the Fort Pierce Utility Authority, er the City of Port St. Lucie or another utility service provider that has the consent of the County pursuant to Polio 4A 1 1 3 w~thm their respective water utility service areas in accordance with the then et~t-adapted in effect utility extension policy of the applicable potable water service provider. Policy 4D.1.1.3 - In order to discourage the roliferation f urban s yawl as defined in Sections 163.3164 and 163.3177 Florida Statutes in the unincorporated azeas of the County, no water or sewer utility companies shall be permitted to construct or install water or sewer facilities to serve or provide water or sewer utility service to new development within the unincorporated areas of the County without the consent of the County Commission. Policy 4D1.2.5 -Development approved by the County Commission within the unincorporated area of the County requiring sanitary sewer service will only be permitted when such development ties into existing sanitary sewer facilities of or makes provision for obtaining water or sewer utility service from, the County Utility District, the Fort Pierce Utility Authority, er the City of Port St. Lucie or another utility service provider that has the consent of the County pursuant to Policy 4D 1 1 3 within their respective sanitary sewer service areas in accordance with the then eorr~rt~epted in effect utility extension policy of the applicable sanitary sewer service provider. Policy 6.1.12.13 - To ensure protection of the natural resources of the County ~eE~ti#'ted-ie-this lam, as defined in Section 163.3177(6kl) Florida Statutes and as protected in this Conservation Element, the sCounty shall direct all mee~le future land uses that are not compatible with these natural resowces away from these natural resources-systems. For this purpose the determination of "compatibility" shall be made based upon the definition of that term in Section 163.3164 Flonda Statutes. The t e mtens~ or densi extent distribution and location of allowable land uses and the t s values functions sizes conditions and location of natwal resources are land use factors that shall be considered when directin incom atible land uses away from natural resources .c---~, RICK SCOTT Governor August 30, 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: KURT S. BROWNING Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated August 19, 2011 and certified copies of St. Lucie County Ordinance Nos. 11-012 and 11-026, which were filed in this office on August 24, 2011. Sincerely, ~} ~~~~ Liz Clou Program Administrator LC/vm VIUA FLORIDa500_ R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: 850.245.6600 Facsimile: 850.245.6282 http://info.florida.gov Commenzoratiizg S00 years of Florida history www.fla500.com _~-~` 'f UIVA FIORIDa500_ DIVISION OF LIBRARY AND INFORMATION SERVICES