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HomeMy WebLinkAbout08-033 t/ ",t' EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3271691 10/24/2008 at 09:08 AM OR BOOK 3027 PAGE 1360 - 1361 Doc Type: ORDN RECORDING: $18.50 ORDINANCE NO. 08-033 AN ORDINANCE CORRECTING A SCRIVENER'S ERROR TO EUMINATE THE sECOND "WHEREAS" CLAUSE CITED WITHIN ORDINANCE NO. 07 -044, ADOPTED ON DECEMBER 18, 2007; PROVIDING FOR APPLICABIUTY; PROVIDING FOR FlUNG WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On December 18, 2007, this Board, through Ordinance No. 07-044, amended the text of the adopted comprehensive plan, future land use element by adding a new policy 1.1.4.5 that prohibits transferring density to a parcel of land from which density has been previously transferred. 2. Following the recordation of Ordinance No. 07 -044, staff determined that the second "Whereas" clause was a scrivener's error and should not have been included in the Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. Ordinance No. 07-044 is hereby amended to delete the second "Whereas" clause as follows: V/HEREAS, the Board of County Commissioners of St. Lucie County, Florida, has detenT\ined that its present policies regarding planned Unit De'v'eloplT\ent permitted in the Agricultural. 5 and Agricultural 2.5 Future Land Use Categories are in need of clarification with regard to the definition of open space and clustering requirements; and B. All the remaining terms, findings and conditions otherwise cited in Ordinance No. 07-044, approved on December 18, 2007, shall remain in full force and effect. C. APPUCABILITY. This Ordinance shall be applicable in the unincorporated area of St. Lucie County. Underlined passages are added. 1 Stl'l:Jel( tkl'61:1gk passages are deleted. } >Ii . " D. FlUNG 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. E. SEVERABIUTY. 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 circumstance. F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. G. follows: ADOPTION. After motion and second, the vote on this ordinance was as Chairman Joseph E. Smith Vice Chair Paula A. Lewis Commissioner Chris Craft Commissioner Doug Coward Commissioner Charles Grande AYE AYE AYE AYE AYE 14th day of October, 2008. Underlined passages are added. 2 Stl'l:Icl( tkl'6Ugk passages are deleted.