HomeMy WebLinkAbout07-041
ORDINANCE NO. 07-041
AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA,
CORRECTING A SCRIVENERS ERROR IN THE EFFECTIVE
DATE OF ORDINANCE NO. 06-017 WHICH ORDINANCE
ADOPTED LAND DEVELOPMENT REGULATIONS TO APPLY
TO PROPERTY GENERALLY LOCATED IN THE TOWNS
VILLAGES AND COUNTRYSIDE (TVC) COMPREHENSIVE
PLAN ELEMENT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR A
CORRECTED EFFECTIVE DATE.
WHEREAS, the St. Lucie County Board of County Commissioners (the "Board") has for
several years been in the preparation of comprehensive plan amendments ("amendments") to
implement the results of the North St. Lucie County Charrette, and transmitted the Towns,
Villages and Countryside comprehensive plan amendments to the Florida Department of
Community Affairs on October 17, 2005; and
WHEREAS, on January 13, 2006, the Florida Department of Community Affairs
provided Objections, Recommendations, and Comments regarding the proposed amendments;
and
WHEREAS, the implementation of the aforesaid Charrette results and the
comprehensive plan amendments by the adoption of land development regulations shall serve
to further guide land use and development, so that the public health, welfare and safety is
protected and the aesthetic, and environmental resources of the County are further enhanced
and protected from impairment and suburban sprawl is avoided; and
WHEREAS, an important element of the County's growth management strategy
includes development and implementation of balanced land development regulations to manage
the emerging trend for extensive development activities arising within the northern part of
the County that is the subject of the North County Charrette Master Plan and the TVC
Element; and
WHEREAS, the draft land development regulations contained in Ordinance No. 06-017
that implement the proposed amendments were subject to a public workshop before the Board
on February 7, 2006 and the regulations for transfer of development rights as a component
of the implementing regulations were subject to a public workshop before the Board on March
7,2006; and
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3107471 09/12/2007 at 03:18 PM
OR BOOK 2879 PAGE 79 - 81 Doc Type: ORDN
RECORDING: $27.00
WHEREAS, the County Local Planning Agency reviewed Ordinance No. 07-017 and
determined that such regulations were consistent with the applicable provisions of the
Comprehensive Plan of the County.
WHEREAS, the Board adopted Ordinance No. 06-017 on May 30,2006; and
WHEREAS, Ordinance No. 06-017, as signed, contained a scrivener's error in the
effective date of that Ordinance; and
WHEREAS, the Board desires to correct the scrivener's error to change the effective
date to what was adopted by the Board on May 30, 2006.
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 Towns. Villages and Countryside Land Development
Regulations. The Towns, Villages and the Countryside Land Development Regulations, which
were adopted as a part of the St. Lucie County Land Development Code in Ordinance No. 06-
017 remain unchanged.
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. Effective Date of Ordinance No. 06-017. Ordinance No. 06-017
effective date shall be the same date on which the Towns, Villages and Countryside
Comprehensive Plan amendments shall become effective in accordance with Chapter 163, Part
II, Florida Statutes. Such effective date is hereby declared to reflect the intent of the Board
of County Commissioners in enacting Ordinance No. 06-017 on May 30,2006, as demonstrated
by the record of proceedings before the Board. Therefore, this Ordinance No. 07-041 is
declarative of the intent of the Board of County Commissioners in its original enactment of No.
Ordinance 06-017 and shall not be deemed to change the effective date of Ordinance No. 06-
017; rather this ordinance is enacted merely to correct a scrivener's error in the copy of
Ordinance No. 06-017 as filed with the Department of State, which error did not reflect the
intent of the Board.
Section 5. Effective Date of Ordinance No. 07-041. Ordinance No. 07-041 shall
be effective upon filing with the Secretary of State, and shall be deemed retroactive to May
30,2006, the date of adoption of Ordinance No. 06-017.
After motion and second, on second hearing and adoption, the vote on this ordinance was
as follows:
Chairman Chris Craft AYE
Vice Chairman Joseph E. Smith AYE
Commissioner Doug Coward AYE
Commissioner Paula A. Lewis AYE
Commissioner Charles Grande AYE
PASSED AND DULY ADOPTED this 4 day of Sapf(!jn/X/l ,2007.