HomeMy WebLinkAbout07-018
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ORDINANCE NO. 07-018
FILE NO. ORD 420071134
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY
COMPREHENSIVE PLAN ADOPTING THE FIVE-YEAR CAPITAL
IMPROVEMENTS PLAN, AND CAPITAL IMPROVEMENTS ELEMENT,
A LARGE SCALE TEXT AMENDMENT; AND ADOPTING A TEXT
AMENDMENT TO THE COMPREHENSIVE PLAN DEFINING A
CAPITAL IMPROVEMENT; PROVIDING FOR CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT
OF STATE; PROVIDING FOR FILING WITH THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION.
WHEREAS, IN 1990 THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA, ADOPTED THE ST. LUCIE COUNTY COMPREHENSIVE PLAN;
AND
WHEREAS, SUBSECTION 163.3177(3)(A)5 AND 6, AND SUBSECTION
163.3177(3)(B), FLORIDA STATUTES REQUIRE THE COUNTY TO ADOPT A
FINANCIALLY FEASIBLE ANNUALLY UPDATED FIVE-YEAR SCHEDULE OF
CAPITAL IMPROVEMENTS AS PART OF THE CAPITAL IMPROVEMENTS
ELEMENT IN THE ADOPTED COMPREHENSIVE PLAN; AND
WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,
FLORIDA HAS ADOPTED A NEW SCHEDULE OF CAPITAL IMPROVEMENTS IN ITS
CURRENT FISCAL YEAR BUDGET; AND
WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,
FLORIDA HAS ADOPTED IN 2007, ORDINANCE NUMBER 07-011 AMENDING THE
COMPREHENSIVE PLAN CHAPTER 11, APPENDIX B, TO INCLUDE "THE CAPITAL
IMPROVEMENTS ELEMENT 2006/2011"
File No.: ORD 420071134
December 18, 2007
Ordinance No. 07-018
Page 1
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1 WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,
2 FLORIDA DESIRES TO UPDATE THE FIVE-YEAR SCHEDULE OF CAPITAL
3 IMPROVEMENTS IN ITS ADOPTED COMPREHENSIVE PLAN IN ORDER TO
4 SATISFY THE REQUIREMENTS OF LAW
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7 WHEREAS, THE BOARD OF COUNTY COMMISSIONERS DESIRES TO DEFINE A
8 CAPITAL IMPROVEMENT PROJECT AS USED IN THE COMPREHENSIVE PLAN
9
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11 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
12 COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA THAT A NEW EXHIBIT B,
13 "CAPITAL IMPROVEMENTS PLAN 2007/2012", SHALL BE ADDED TO THE CAPITAL
14 IMPROVEMENTS ELEMENT OF THE ADOPTED COMPREHENSIVE PLAN OF ST.
15 LUCIE COUNTY, FLORIDA, AND THE PREVIOUS EXHIBIT B SHALL BE REPEALED,
16 AS FOLLOWS:
17
18 Section 1. Exhibit B of the existing Capital Improvements Element of the adopted
19 Comprehensive Plan of St. Lucie County, Florida by Ordinance 07-001 is hereby
20 repealed.
21
22 Section 2. The Capital Improvements Element of the adopted Comprehensive Plan of
23 St. Lucie County, Florida is hereby amended by the addition of Exhibit B, "Five-Year
24 Capital I mprovements Plan", by Ordinance 07-018 consisting of the following documents
25 attached hereto and incorporated herein by reference:
26
27 1. Introduction
28 2. Exhibit 1: Capital Improvements Plan, 2007/2012
29 3. Exhibit 2: Solid Waste Capital Improvements Summary, 2007/2012
30 4. Exhibit 3: Utilities Capital Improvements Summary, 2007/2012
31 5. Exhibit 4: Parks and Recreation Capital Improvements Summary, 2007/2012
32 6. Exhibit 5: St. Lucie School District Tentative Facilities Work Program, 2006/2011
33 7. Exhibit 6: St. Lucie County Metropolitan Planning Organization Transportation
34 Improvements Program FY 2006/07 - FY 2010/2011
35 8. Exhibit 7: St. Lucie County Resolutions Approving Development Orders and
36 Development Agreements, 2007
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File No.: ORD 420071134
December 18, 2007
Ordinance No. 07-018
Page 2
1 Section 3. The remaining exhibits and Appendix A and Appendix B of the attached
2 Exhibit 1, "St. Lucie County Five Year Capital Improvements Plan, Capital Improvements
3 Element, FY 07/08 - 11/12 are accepted as supporting comprehensive plan information,
4 data, and analysis, and are not adopted as part of the Five-Year Capital Improvements
5 Program.
6
7 Section 4. For the purpose of defining the term Capital Improvements in the Capital
8 Improvements Element of the St. Lucie Comprehensive Plan, a new Policy 11.1.1.29 is
9 hereby adopted, which policy shall read as follows:
10
11 Policy 11.1.1.29 A Capital Improvement is defined as follows: a major nonrecurring
12 expenditure that includes one or more of the following:
13
14 1. Any acquisition of land for a public purpose; or
15 2. Any construction of a new facility (a public building, or water lines, playfield or
16 the like) or an addition to, or extension of such a facility; or
17 3. A nonrecurring rehabilitation (something which is infrequent and would not be
18 considered annual or other recurring maintenance) or major repair of all or a
19 part of a building, its grounds, or a facility, or equipment, provided that the cost
20 is $100,000 or more and the improvement will have a useful life of 10 years or
21 more; or
22 4. Purchase of major equipment items with a cost, individually or in total of
23 $100,000 or more, which have a useful life of 10 years or more; or
24 5. Any planning, feasibility, engineering, or design study related to an individual
25 capital project or to a program that is implemented through individual capital
26 improvement projects; or
27 6. Any expenditure that pertains to a physical asset which has been identified as
28 an existing or projected need in one or more individual comprehensive plan
29 elements. (Reference: Rule 9J-5.003(12), F.A.C.)
30
31 Section 5. CONFLICTING PROVISIONS
32
33 Special acts of the Florida Legislature applicable only to unincorporated areas of
34 St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in
35 conflict with this Ordinance are hereby superseded by this Ordinance to the extent
36 of such conflict.
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File No.: ORD 420071134
December 18, 2007
Ordinance No. 07-018
Page 3
1 Section 6. SEVERABILITY
2
3 If any portion of this Ordinance is for any reason held or declared to be
4 unconstitutional, inoperative or void, such holding shall not affect the remaining
5 portions of this Ordinance. If this Ordinance or any provision thereof shall be held
6 to be inapplicable to any person, property, or circumstances, such holding shall
7 not affect its applicability to any other person, property or circumstance.
8
9 Section 7. APPLICABILITY OF ORDINANCE
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11 This ordinance shall be applicable as stated in Paragraphs A, Band C.
12
13 Section 8. FILING WITH THE DEPARTMENT OF STATE
14
15 The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to
16 the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida,
17 32304.
18
19 Section 9. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS
20
21 The Growth Management Director shall send a certified copy of this Ordinance to
22 the Department of Community Affairs, 2555 Shumard Oak Boulevard,
23 Tallahassee, Florida 32399-2100.
24
25 EFFECTIVE DATE
26
27 This Ordinance shall take effect upon the issuance by the State Land Planning
28 Agency of a Notice of Intent to find the adopted amendment in compliance in
29 accordance with Section 163.3184(9), or Section 125.66(4 )(a), Florida Statutes, or
30 upon the Administration Commission issuing a final order finding the adopted
31 amendment in compliance in accordance with Section 163.3184(10).
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File No.: ORD 420071134
December 18, 2007
Ordinance No. 07-018
Page 4
1 ADOPTION
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27 ATTEST:
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31 Deputy Clerk
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After motion and second, the vote on this resolution was as follows:
Chairman Joseph E. Smith
Vice-Chairman Paula A. Lewis
Commissioner Doug Coward
Commissioner Charles Grande
Commissioner Chris Craft
AYE
AYE
AYE
AYE
AYE
PASSED AND DULY ADOPTED This 18th Day of December, 2007.
File No.: ORD 420071134
December 18, 2007
~
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
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Ordinance No. 07-018
Page 5