Loading...
HomeMy WebLinkAbout07-019 ORDINANCE NO. 07-019 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE ST. LUCIE COUNTY COMPREHENSIVE PLAN BY ADOPTING AMENDMENTS TO THE RECREATION AND OPEN SPACE ELEMENT OF THE COMPREHENSIVE PLAN RELATING TO DESIRED OUTDOOR RECREATION STANDARDS (TABLE 9-6) AND THE RECOMMENDED CLASSIFICATION SYSTEM, ATTACHED AS EXHIBIT "A" HERETO; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION WHEREAS, the proposed text amendments to the Recreation and Open Space Element of the Comprehensive Plan as depicted on Exhibit "A" attached hereto and incorporated herein; and, WHEREAS, on July 19, 2007, the Local Planning Agency held a public hearing and received public input and participation on the proposed Comprehensive Plan amendments through public hearings in accordance with Section 163.3181, Florida Statutes and the Agency determined that the proposed text amendments are consistent with the County's Comprehensive Plan; and, WHEREAS,. on August 21, 2007, the Board of County Commissioners held a public hearing and determined to transmit the proposed text amendments to the agencies required by law; and, EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3158361 01/17/2008 at 11 :50 AM OR BOOK 2928 PAGE 2627 - 2641 Doc Type: ORDN RECORDING: $129.00 1 WHEREAS, on November 8, 2007, the County received comments on the proposed text amendments from the State of Florida Department of Community Affairs; and, WHEREAS, on December 18, 2007, the Board held a public hearing and determined to adopt the proposed text amendments. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: P ART A. Recitals Adopted. Each of the above stated recitals is hereby adopted and confirmed. PART B. Adoption of Recreation and Open Space Element Amendments. The Board hereby adopts the certain amendments to the Recreation and Open Space Element, attached hereto and incorporated herein as Exhibit "A". PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. 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 beheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. 2 PART F. FILING WITH THE DEPARTMENT OF STATE The Clerk be and 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 G. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS The Growth Management Director is hereby directed forthwith to send a certified copy of this ordinance an all necessary supporting data and analysis and other relevant documents to the Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399. PART H. EFFECTIVE DATE This ordinance shall take effect upon the issuance by the State Land Planning Agency of a Notice of Intent to find the adopted amendment "in compliance" in accordance with Section 163.3184(9), Florida Statutes. PART I. ADOPTION After motion and second, the vote on this Ordinance was as follows: Chairman Joseph E. Smith Vice Chair Paula A. Lewis Commissioner Chris Craft Commissioner Doug Coward Commissioner Charles Grande AYE AYE AYE AYE AYE PASSED AND DULY ENACTED this 18th day of December, 2007. ;;;,::y.i~' ~ ,A; ,!'" " ~.~w" 3 BY: 4 EXHIBIT "A" St. Lucie County Comprehensive Plan Recreation and Open Space Element Table 9-6 Desired Outdoor Recreation Standards for St. Lucie County, is hereby amended as follows: Table 9-6 Minimum Standards for Outdoor Recreation in St. Lucie County Table 9-6 Desired Outdoor Recreation Standards for St Lucie County Facility Standard per Site Size Service Area Persons 1,000 Population Radius Served Neighborhood Parks 0.50 acres 5.0 Acres or 0.5 Miles or Up to 5,000 (service Area) less More Community Park 5.0 acres (Service 30-50 Acres 10.0 Miles 30,000 - Area) 50,000 Regional Parks 5.0 acres (Service Up to 100 Up to 60 Mi les No standards Area) acres '"'- c~ - Na Stsl'ldBrd 500 Acres 60 Mi les ~Ja StBl'ldBrds "...w.... "'w Outdoor Reserve Recreation No Fixed Variable Up to 60 Mi les Variable Area Standard Natural Area Preserves 28.60 acres Variable Uo to 60 Miles Variable Special Purpose Special Recreational Acres/Facilities Conservation/Open Space No Fixed Area Standards Linear Recreation Areas No Fixed Standards Beach Access No Fixed Standards Beach Park No Fixed Standards Waterfront Activity Area No Fixed Standards St Lucie County, Department of Community Development. 5 Underlined passages are added. 5tF'l:lel( tAF'el:lgA passages are deleted. NEEDS ANALYSIS, Paragraph B. Recommended Classification System, Paragraph 2. ReQional Recreational Spaces and Paragraph 3 Unique Recreation Spaces. Either Local or ReQional are hereby amended to read as follows: B. RECOMMENDED CLASSIFICA nON SYSTEM 2. ReQional Recreation Spaces: Areas of aesthetic or natural quality that are designed to serve a regional or metropolitan population. a. Regional/Metropolitan Recreation Area: Area providing facilities designed for outdoor recreation and leisure activities that may include, but are not limited to, boating, fishing, or camping; bicycle, hiking, or horse trail systems; botanical gardens, nature centers, or zoo or husbandry centers; museums; performing and design art centers; and activities included under community neighborhood, or mini-park recreation areas. Area typically has a service area of 60 miles and a desirable size of 100 acres. b. Outdoor Reserve Recreation Area: Area primarily desi!! Aed with ceAsideratieA for passive outdoor recreation and Aature land conservation activities, including, but not limited to, areas for viewing and studying land, aquatic or avian wildlife, conservation activities, swimming, boating (non-motorized or electric motors only), hiking, camping, trail facilities, ecotourism, nature centers, or botanical gardens. Area typically has a service area radius of up to 60 miles aAd a desiraBle size ef 500 acres, with the majority of the area preserved and managed in its natural eA'¡ireAmcAtal state. This area may also include Conservation/Open Space Areas. Natural Area Preserves are as defined in the Conservation Element. 3. Unique Recreation Spaces. Either Local or ReQional: Spaces developed for unique recreational activities or for a single recreational activity. a. Special Recreation Areas/Facilities: Areas designed for a single purpose or specific recreational and leisure activities that may include, but are not limited to, activities such as zoos, conservatories, golf courses, gun or archery ranges, outdoor theaters, historic sites, marinas, botanical gardens, athletic complexes, or water sports. The service area and desirable facility size may vary. 6 Underlined passages are added. Strl:leh threl:lgh passages are deleted. b. Conservation/Open Space Area: Area preserved and managed to protect its natural environment or aesthetic quality, or to protect health, safety and welfare by providing open spaces betv..eeA readways er develepmel'lt in or near developed areas, with passive recreation SAd leisure activity serving as a secondary function. A Conservation/Open Space Area may also function as an Outdoor Reserve Recreation Area. c. Linear Recreation Area: Area developed to provide travel routes for one or more types of recreational or human-operated vehicles, such as horseback riding, bicycling, hiking, jogging, or motorcross riding. d. Waterfront Recreatisl'l Activity Area: Area that is designed primari ly for aquatic-related recreation and leisure activities and that abuts rivers, lakes, lagoons, or saltwater bodies. 1. Beach Access Area: Area developed to provide access to waterfront areas. Service area and desirable park size can vary. 2. Waterfront Activity Area: Waterfront area providing recreation and leisure activities or facilities that may include, but are not limited to, swimming, water sports, boating, sunbathing, picnicking, playground apparatus, dressing rooms and showers, boat ramps and docks, boardwalks and pavilions, or concession stands. 7 Underlined passages are added. 5tf'l:Iel( thf'el:lgh passages are deleted. RECREA TION SUB-ELEMENT GOALS, OBJECTIVES AND POLICIES GOALS, OBJECTIVES AND POLICIES, Goal 9.1, Objective 9.1., Policy 9.1.1.1 is hereby amended to read as follows: Policy 9.1.1.1 Level of Service for Recreation and Open Space shall be as follows: Community parks: 5 acres/lOOO residents in the unincorporated area Regional parks: 5 acres/lOOO rÐsider'lts population countywide Outdoor Reserve Recreation Area: 28.60 acres/lOOO population countywide 8 Underlined passages are added. Stl"llel( tAl"ell§A passages are deleted. POTENTIAL FOR CONSERVATION, USE OR PROTECTION OF NA TURAL RESOURCES Paragraph F. Natural Area Preserves, is hereby amended to read as follows: F . NATURAL AREA PRESERVES Natural Area Preserves are those lands maintained and managed in essentially their natural state with the priI'R8F"¡ objectiv~ of conserving and protecting their environmentally unique, irreplaceable and valued ecological resources, including the plant and animals species they support, and providing passive recreational opportunities to the public. Natural area preserve protect biodiversity and €eA provide recreation and aesthetic benefits to the public. Public use and enjoyment of these lands are only limited to the extent required to maintain the natural resource values of the natural area preserve. In November 1994, County voters approved a $20,000,000 bond referendum to finance the costs of acquiring environmentally significant lands and wildlife habitat. Through the St. Lucie County Environmental Significant Lands (ESL) program, lands are identified, assessed, prioritized and purchased or protected by some other means. The Land Acquisition Selection Committee, which was formed to review and recommend sites for purchase, has targeted almost 20,000 acres for purchase. Matching funds, primarily through the Preserve 2000 program, have been secured, and approximately 6,000 acres of natural areas have been purchased to date (Figure 8-9). Through public acquisition and proper land management the County's Environmentally Significant Lands program will ensure the long term viability of natural areas throughout St. Lucie County. The qualifying criteria used to identify environmental uplands for purchase include: The presence of unique ecological communities; Quality of the native uplands; Presence of rare and endangered plant and animals species; Land that safeguards water quality; Vulnerability to development Proximity to other preserves and greenways; Land that provides passive resource-based recreational opportunities. The ESL bond referendum and the Preservation 2000 program have had a major impact on the County's future. Some benefits derived from the purchase of ESLs include: 9 Underlined passages are added. Stpl:leh tRPBI:l!:jR passages are deleted. protection of the biodiversity of plant and animal communities, protection of natural buffers that filter stormwater runoff along our waterways, areas for residents and visitors to exercise and experience native Florida vegetative communities and wildlife, lands for outdoor classrooms for all ages, and protection of scenic roadways for travelers. The connection of public and private conservation lands to parks and cultural sites into a greenway network can also create a more livable community by stimulating eco-tourism and environmentally friendly business, providing alternative modes of transportation, and safeguarding ecological systems and wildlife corridors. The county should continue efforts to connect its cultural and natural resources and provide spaces and amenities that enhance the public use of these areas while promoting and protecting the County's remaining natural areas. The approximately $4,000,000 remaining in the Environmentally Significant Lands Bond Fund will cover the County's share of costs to acquire part, but not all, of the estimated 11,000 acres identified as suitable for preservation. The Land Acquisition Selection Committee and the Board of County Commissioners have selected over 11,000 additional acres for purchase. Many of these lands have received approval for matching funds from the various Preservation 2000 programs. While it is not expected that all of these lands can be purchased, the acquisition of all selected lands would require an estimated $6,000,000 in local matching funds. Therefore, following the expenditure of funds generated from the current bond program, natural areas will remain in need of public purchase. A strategy to protect the unacquired lands should be developed. This can be addressed through the re-establishment of the Land Acquisition Finance Committee to review the current and future financial needs of the Environmentally Significant Lands program. In 1999, the Florida legislature created the Florida Forever program, the successor to Preservation 2000, which will continue the State's effort to protect natural areas over the next 10 years. Unlike its predecessor, Florida Forever emphasizes land management, water resource development, and acquisition of parks in urban areas in addition to the protection of native plant and animal species. To participate in the Florida Forever Program, an additional source of local matching funding must be identified. Some of the ways this could be accomplished include: impact fees for environmental lands, set aside requirements for uplands that provide an alternative to contribute to an upland mitigation fund, and a second Environmentally Significant Lands bond referendum. 10 Underlined passages are added. Strllcl( tArell!JA passages are deleted. CHAPTER 8 CONSERV A TION ELEMENT GOALS, OBJECTIVES AND POLICIES GOALS, OBJECTIVES AND POLICIES, Objective 8.1.7, Policy 8.1.8.3 is hereby amended to read as follows: Lands acquired through the County's Environmentally Significant Lands Program for preservation shall be preserved and managed for natural habitat, listed plant and animal species and passive resource recreational needs fer the lel"\§ term -liability sf the listed species te~ether with the recreatilmall"\eeds of the public. 11 Underlined passages are added. Strl:lel( tArel:l§A passages are deleted. CHAPTER 8 RECREA TION SUB-ELEMENT GOALS, OBJECTIVES AND POLICIES GOALS, OBJECTIVES AND POLICIES, Objective 9.1.8 is hereby amended to read as follows: The County shall protect environmentally sianificant areas with emphasis on native upland habitats, and shall 9re'lcl'lt the prevention of the net loss of listed species and their habitat~. This shall be accomplished through the County Environmental Significant Lands Acquisition program, on-going natural resource protection programs and the implementation of land development regulations. including impact fees. 12 Underlined passages are added. StF'l:lcl( t"'F'el:l~'" passages are deleted. Table 8-3 - Inventory of Natural Area Preserves in St. Lucie County is inserted after "Potential for Conservation, Use or Protection of Natural Resources, Paragraph F. Natural Area Preserves. Table 8-3 Environmentally SiQnificant Lands St. Lucie County PROJECT Purchased Sites Ancient Oaks (White City) Blind Creek (S. Hutchinson Island) (1) Bluefield Ranch (Trail Ridge) Brefrank Tract (Avalon St. Pk Add.) Indrio North Savannahs Kings Island (N. Hutchinson Island) North Fork of the St. Lucie River FCT North Fork of the St. Lucie River CARL North Fork - Platt's Creek (2) Ocean Bay (S. Hutchinson Island) Paleo Hammock (Western SLC) Queens Island (N. Hutchinson Island) St. Lucie Pinelands South Savannas Walton Scrub Homestead W estmoreland/P SL St. Lucie VillaQe Indrio Scrub Preserve DJ Wilcox (Indrio Blueway) Sheraton Scrub Preserve St. Lucie Villoae - MRC Paleo Hammock Addition Ten Mile Creek West Ten Mile Creek East Subtotal PendinQ NeQotiations* PendinQ Negotiations - Goal GRAND TOTAL ACRES 48.00 409.00 3,285.00 45.00 278.00 173.00 150.00 601.00 86.00 27.00 80.00 255.00 746.00 1.00 33.00 38.00 60.00 13.00 105.00 56.00 32.00 340.00 8.6 100.00 6,969.60 1,375.66 8.667.96 SOURCE: St. Lucie County, Environmental Resources Department, August 2006. 13 Underlined passages are added. Stl"l:Ic1( tR1"81:1!jR passages are deleted. * The County is in negotiations to purchase 1,375.66 acres of Environmentally Sianificant Land. These purchases are goals and may be modified to include more or less acreaae. 14 Underlined passages are added. Stl"l; eh t <tl"el; gh passages are deleted. CHAPTER 8 CONSERVATION ELEMENT GOALS, OBJECTIVES AND POLICIES POTENTIAL FOR CONSER V A TION, USE OR PROTECTION OF NA TURAL RESOURCES is hereby amended to add Paragraph G. The Levels of Service Standards. L THE LEVELS OF SERVICE STANDARDS The desired levels of service standard for Natural Area Preserves in St. Lucie county is 28.60 acres per 1,000 population. 15 Underlined passages are added. 5tr¡,¡el( tAre¡'¡!: A passages are deleted.