HomeMy WebLinkAbout07-044
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ORDINANCE NO. 07-044
FILE NO. ORD 520071138
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA, AMENDING 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; PROVIDING
FINDINGS; PROVIDING FOR APPLICABILITY; PROVIDING FOR
FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING
FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
determined that once density allowed by the Future Land Use Map is transferred from
one parcel of land to increase density on another parcel of land, further density
increases on the parcel of land from which density is transferred promotes overcrowding
of land and is inconsistent with the policy of the Board; and
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
determined that its present policies regarding Planned Unit Development permitted in
the Agriculture 5 and Agriculture 2.5 Future Land Use Categories are in need of
clarification with regard to the definition of open space and clustering requirements; and
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St.
Lucie County, Florida:
Section One. A new Future Land Use Element Policy 1.1.4.5 is created by adding
the words shown in underlined type, as follows:
Policy 1.1.4.5. In any instance where either this Comprehensive Plan or the
Land Development Code permits the transfer of density from a portion of a parcel
of land to another portion of the same or adjacent parcel of land, the density
transferred away shall not be replaced by transferrinq density from the same or
adjacent parcel of land.
Section Two.
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in conflict with this Ordinance are hereby superseded by this Ordinance to the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.
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 316260201/30/2008 at 09:14/W1
OR BOOK 2932 PAGE 1727 - 1729 Doc Type: ORDN
RECORDING: $27.00
¡nance No. 07-044
Page 1
File No. ORD 520071138
December 18, 2007
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Section Three.
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 be held
to be inapplicable to any person, property, or circumstances, such holding shall
not affect its applicability to any other person, property or circumstance.
Section Four.
APPLICABILITY OF ORDINANCE
This ordinance shall be applicable as stated in Paragraphs A, Band C.
Section Five.
FILING WITH THE DEPARTMENT OF STATE
The Clerk is hereby directed forthwith to send a certified copy of this Ordinance
to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida,
32304.
Section Six.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS
The Growth Management Director shall send a certified copy of this Ordinance to
the Department of Community Affairs, 2555 Shumard Oak Boulevard,
Tallahassee, Florida 32399-2100.
Section Seven.
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), or Section 125.66(4)(a), Florida Statutes,
or upon the Administration Commission issuing a final order finding the adopted
amendment in compliance in accordance with Section 163.3184(10).
File No. ORD 520071138
December 18, 2007
Ordinance No. 07-044
Page 2
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Section Eight.
ADOPTION
After motion and second, the vote on this resolution was as follows:
Chairman Joseph E. Smith AYE
Vice-Chairman Paula A. Lewis AYE
Commissioner Doug Coward AYE
Commissioner Charles Grande AYE
Commissioner Chris Craft AYE
PASSED AN D DU L Y ADOPTED This 18th Day of December, 2007.
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File No. ORD 520071138
December 18, 2007
Ordinance No. 07-044
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