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HomeMy WebLinkAbout08-013 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 32956970110212009 at 10:30 AM OR BOOK 3047 PAGE 2574 - 2584 Doc Type: ORDN RECORDING: $95.00 1 2 3 ORDINANCE NO. 08-013 FILE NO. TCP 220081423 4 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 6 ST. LUCIE COUNTY, FLORIDA AMENDING THE ST. LUCIE COUNTY 7 COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE 8 ELEMENT; AMENDING THE POTABLE WATER SUB-ELEMENT; 9 AMENDING THE SANITARY SEWER SUB-ELEMENT; AMENDING THE 10 CONSERVATION ELEMENT; AMENDING THE 11 INTERGOVERNMENTAL COORDINATION ELEMENT; AMENDING THE 12 CAPITAL IMPROVEMENTS ELEMENT; ADOPTING THE 10-YEAR 13 WATER SUPPLY FACILITIES WORK PLAN; PROVIDING FOR FILING 14 WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR 15 TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY 16 AFFAIRS PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; 17 PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; 18 PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION 19 20 21 WHEREAS, in 1990 the Board of County Commissioners of S1. Lucie County, Florida, 22 adopted the S1. Lucie County Comprehensive Plan; and 23 24 25 WHEREAS, ~163.3167(2), Florida Statutes, requires that each local government 26 prepare a Comprehensive Land Use Plan in compliance with the Local Government 27 Comprehensive Planning and Land Development Act, as amended from time to time; 28 and 29 30 31 WHEREAS, ~163.3184(15), Florida Statutes, requires that the Comprehensive Plan be 32 adopted by the governing body of the local government by Ordinance; and 33 34 35 WHEREAS, ~163.3177, Florida Statutes, and the applicable provisions ofChapter9J-5, 36 Florida Administrative Code, requires that the Local Government Comprehensive Plan 37 shall consist of goals, objectives and policies, procedures for monitoring and evaluation 38 of the local plan, requirements for capital improvements, implementation and required 39 maps; and 40 41 File No.: TCP 220081423 December 16" 2008 Ordinance No. 08-013 Page 1 1 WHEREAS, in 2005, the Florida Legislature enacted Chapters 163 and 373, Florida 2 Statutes, to improve water supply and land use planning between the five water 3 management districts, the Florida Department of Environmental Protection, and the 4 State. In 2006, the Florida Legislature amended Chapter 163, Florida Statutes, requiring 5 local governments to prepare 1 O-year water facilities work plans; and 6 7 8 WHEREAS, pursuant to the recently-enacted legislation, the County desires to enhance 9 the coordination and integration of planning for water supply with the comprehensive 10 planning processes; and 11 12 13 WHEREAS, County Staff recommends the adoption of the proposed amendments; and 14 15 16 WHEREAS, the Local Planning Agency, at its meeting on March 20,2008, considered 17 the proposed amendments to the County's Comprehensive Plan and recommended to 18 transmit the amended Plan to the Board of County Commissioners and the Department 19 of Community Affairs ("DCA") with a favorable recommendation; and 20 21 WHEREAS, the Board of County Commissioners, at its meeting on May 6, 2008, 22 considered the proposed amendments to the County's Comprehensive Plan and voted to 23 transmit the amended Plan to the Department of Community Affairs ("DCA") with a 24 favorable recommendation; and 25 26 27 WHEREAS, on September 16, 2008 the County received an Objections, 28 Recommendations and Comments ("aRC") Report from the DCA, and responded to 29 objections raised therein; and 30 31 32 WHEREAS, on December 16, 2008 the Board of County Commissioners held a public 33 hearing and deemed that the adoption of the amendments to the Comprehensive Plan 34 are in the best interests of the citizens and residents of the County. 35 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 38 COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA THAT: 39 40 Section 1. The foregoing "Whereas" clauses are hereby ratified as true and correct 41 and incorporated herein by this reference. File No.: TCP 220081423 December 16" 2008 Ordinance No. 08-013 Page 2 1 2 Section 2. In order to comply with the provisions of Chapters 163 and 373, Florida 3 Statutes, the Board of County Commissioners of St. Lucie County, Florida hereby 4 adopts all exhibits attached hereto amending the Comprehensive Plan by 5 Ordinance No. 08-013 consisting of the following documents attached hereto and 6 incorporated herein by reference: 7 8 1. Exhibit 1: Chapter 1, Future Land Use Element 9 2. Exhibit 2: Chapter 6(A), Potable Water Sub-Element 10 3. Exhibit 3: Chapter 6(D), Sanitary Sewer Sub-Element 11 4. Exhibit 4: Chapter 8, Conservation Element 12 5. Exhibit 5: Chapter 11, Capital Improvements Element 13 6. Exhibit 6: 10-Year Water Supply Facilities Work Plan 14 15 16 Section 5. CONFLICTING PROVISIONS 17 18 Special acts of the Florida Legislature applicable only to unincorporated areas of 19 St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in 20 conflict with this Ordinance are hereby superseded by this Ordinance to the extent 21 of such conflict. 22 23 Section 6. SEVERABILITY 24 25 If any portion of this Ordinance is for any reason held or declared to be 26 unconstitutional, inoperative or void, such holding shall not affect the remaining 27 portions of this Ordinance. If this Ordinance or any provision thereof shall be held 28 to be inapplicable to any person, property, or circumstances, such holding shall 29 not affect its applicability to any other person, property or circumstance. 30 31 32 Section 7. FILING WITH THE DEPARTMENT OF STATE 33 34 The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to 35 the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 36 32304. 37 38 Section 8. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS 39 File No.: TCP 220081423 December 16" 2008 Ordinance No. 08-013 Page 3 1 The Growth Management Director shall send a certified copy of this Ordinance to 2 the Department of Community Affairs, 2555 Shumard Oak Boulevard, 3 Tallahassee, Florida 32399-2100. 4 5 6 Section 9. EFFECTIVE DATE 7 8 This Ordinance shall take effect upon the issuance by the State Land Planning 9 Agency of a Notice of Intent to find the adopted amendment in compliance in 10 accordance with Section 163.3184(9), or Section 125.66(4)(a), Florida Statutes, or 11 upon the Administration Commission issuing a final order finding the adopted 12 amendment in compliance in accordance with Section 163.3184(10). 13 14 THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 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 File No.: TCP 220081423 December 16" 2008 Ordinance No. 08-013 Page 4 ADOPTION After motion and second, the vote on this Ordinance was as follows: Chairman Paula A. Lewis AYE Vice Chairman Charles Grande Commissioner Doug Coward Commissioner Chris Craft AYE AYE Absent Commissioner Chris Dzadovsky AYE PASSED AND DULY ADOPTED this 16 day of December, 2008. File No.: TCP 220081423 December 16" 2008 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY 4~c~a6lf~i ..~.~-' ~ '- Ordinance No. 08-013 Page 5 1 Exhibit 1 Amendments to Chapter 1 Future land Use Element (available for review in the Utilities Department) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 File No.: TCP 220081423 December 16" 2008 Ordinance No. 08-013 Page 6 1 Exhibit 2 Amendments to Chapter 6(A) Potable Water Sub-Element (available for review in the Utilities Department) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 File No.: TCP 220081423 December 16.. 2008 Ordinance No. 08-013 Page 7 1 Exhibit 3 Amendments to Chapter 6(0) Sanitary Sewer Sub-Element (available for review in the Utilities Department) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 File No.: TCP 220081423 December 16.. 2008 Ordinance No. 08-013 Page 8 1 Exhibit 4 Amendments to Chapter 8 Conservation Element (available for review in the Utilities Department) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 File No.: TCP 220081423 December 16.. 2008 Ordinance No. 08-013 Page 9 1 10 11 12 13 14 15 16 2 Exhibit 5 Amendments to Chapter 11 Capital Improvements Element (available for review in the Utilities Department) 3 4 5 6 7 8 9 17 18 19 20 21 22 23 24 25 File No.: TCP 220081423 December 16.. 2008 Ordinance No. 08-013 Page 10 1 Exhibit 6 10-Year Water Supply Facilities Work Plan (available for review in the Utilities Department) 2 3 File No.: TCP 220081423 December 16" 2008 Ordinance No. 08-013 Page 11 CHARLIE CRIST Governor January 12, 2009 .�� V5 FLORIDA DEPARTMENT Ot STATE STATE LIBRARY AND ARCHIVES OF FLORIDA JAM 13 2M KURT S. BROWNING Secretary of State lionorable Edwin M. Fry, Jr, CIerk of the Circuit Court St. Lucie County Post Office Drawer 700 Fort Pierce, Florida 34954 Attention: Ms. Millie Delgado -Feliciano, Deputy Clerk Dear Mr. Fry: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated January 6, 2009 and a copy of St Lucie County Ordinance No. 08-013, which was filed in this office on January 9, 2009. Sincerely, Liz Cloud Program Administrator LC/srd D=CTOR'S OMcE R.A. Cray BaUdiit& • $00 South Omimgh Stmet - Tallahame, Florida 323994250 , 850,245.6600 - FAX: 850.245.6735 - TDD: 850.922,4085 - hap:/1d1i4.d4utawILm I n� C0hG0jN[TY DmL.OPh4D STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.243.6600. 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