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Home My WebLink About06-022 CÞ'f~ fD:{; ¡vrb ~ UJi) f(rlYJ f.-r8 ~ f(1) ORDINANCE NO. 06-022 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 11.10.02 TO PROVIDE THE BOARD Of COUNTY COMMISSIONERS WITH THE OPTION TO IMPOSE A PRIVILEGE fEE fOR THE ABANDONMENT OR VACATION Of THE INTERESTS Of THE COUNTY IN AND TO ANY REAL PROPERTY OR RIGHT-Of-WAY; PROVIDING fOR CONfLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING fOR fILING WITH THE DEPARTMENT Of STATE, PROVIDING fOR ADOPTION AND CODIfICATION AND AN EffECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, florida, has made the following determinations: 1. This Board is authorized by Section 336.09, Florida Statutes (2005), to renounce or disclaim any right of the county and the public to land prescribed for or delineated as a right-of-way and to abandon any existing right-of-way; and, 2. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 3. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 - March 14, 1991 91-09 - May 14, 1991 91-21 - November 7, 1991 92-17 - June 2, 1992 93-01 - February 16, 1993 93-03 - February 16, 1993 93-05 - May 25, 1993 93-06 - May 25,1993 93-07 - May 25,1993 94-07 - June 22, 1994 94-18 - August 16, 1994 94-21 - August 16,1994 95-01 - January 10, 1995 96-10 - August 6, 1996 97-01 - March 4, 1997 97-09 - October 7, 1997 97-03 - September 2, 1997 99-01 February 2, 1999 99-02 - April 6, 1999 99-03 - August 17, 1999 99-04 - August 17, 1999 99-05 - July 20, 1999 99-15 - July 20, 1999 99-16 - July 02, 1999 99-17 - September 7, 1999 99-18 - November 2, 1999 00-10 - June 13, 2000 00-11 June 13, 2000 00-12 June 13, 2000 00-13 - June 13, 2000 01-03 - December 18, 2001 02-05 - June 24, 2002 02-09 - March 5, 2002 02-20 - October 15, 2002 :UQ"TIcnm ~:U¡=ÞC o~~~1 ;UÕN Z º^8E3: i!i~-(')' .. ~-.-." r°:::jm:=o :c>-~§8:< 8G')~c~ ~Ñ~n ",>1 .cr- ~¡,) m ,!It :::a ~o " ~'" 0 U'I~ 'TI W~ :;:! m (') ;¡; (') c: ::¡ (') o c: :II .... .... ~ o '" " z 02-29 - 04-02- 04-33- 05-03- 05-07- 05-23- 06-13- October 15, 2002 January 20, 2004 December 7, 2005 August 2, 2005 January 18, 2005 September 20, 2005 June 6, 2006 03-05 - 04-07- 05-01- 05-04- 05-16- 06-05- October 7,2003 April 20, 2004 March 15, 2005 August 2, 2005 August 16, 2005 April 18, 2006 5. On May 18, 2006, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 6. On June 6, 2006, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on May 23, 2006. 7. On July 18, 2006, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on June 9, 2006. 8. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREfORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. The specific amendments to the St. Lucie County Land Development Code to read as follows, include: 11.10.02 PETITIONERS A. Unchanged B. Unchanged C. FEES 1 Application Fee: The application fee shall be determined in accordance with Section 11.12.00. £. Privilege Fee: a. At its option. the Board of County Commissioners may impose a privilege , ee _a able b an ir erson or cor oration etitionin the Board 0 Coun Co~missioners for the abandonment and vacation of the interests of the County in and to an real ro ert or street aile wa road hi hwa or other lace used or travel or an portion thereof. if the following criteria are present: I. The County paid consideration for the subject property at the time of its acquisition: or. ii. The subject property has a value in excess of five thousand dollars ($5000.00) as determined by the Property Appraiser: or. iii. The abandonment of the subject property would allow increased residential density or nonresidential intensities on the benefitting property. b. If the Board of County Commissioners chooses to impose a privilege fee. such privilege fee shall be equal to the value of the County's interest that is being abandoned. The petitioner has two options to calculate the value of the County's interest: I. An appraisal to be submitted by the petitioner which shall determine the value that the petition site adds to the benefitting property. Such an appraisal shall be prepared in accordance with staff requirements and is subject to approval by the Board of County Commissioners. or ii. The averaged square foot land value of the abutting property. as established by the most current St. Lucie County Property Appraiser records. and . ulti I in said s uare oota e value b the nu ber 0 s uare eet 0 the etition site. The County's interest shall be equal to 120% of this value. If the Board determineS that the assessed value does not reflect the fair market value. the Board may. in its discretion. have an appraisal prepared to determine the fair market value. c. Such privilege fee shall not be imposed upon a petitioner who is the original ~atuitous donor of the County's interest to be abandoned nor when Section 255.22. lorida Statutes or a reverter clause in the instrument of conveyance to the County shall take effect or when the Board of County Commissioners determines that the property to be abandoned constitutes a nuisance to the County. d. If imposed. such privilege fee shall be for the purpose of making available funds for the County to acquire real property for road rights-of-way. beach access strips and other open space recreational land for public use and for any other public use. Such rivile e ee shall be in addition to an a Ii cation ee to rei burse the Count's administrative expenses connected with petitions for abandonment. D. EXCEPTION TO FEES DUE The application fee and any privilege fee may not apply when the petitioner will convey necessary real property for County rights-of-way designated on the County Thoroughfare Network Right-of-Way Protection plan, which is equal to, or more than, the total square footage to be abandoned, as determined by the Board of County Commissioners. PART B. 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 C. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. fILING 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. PART E. EFfECTIVE DATE. This ordinance shall take effect on July 24, 2006. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward Vice Chairman Chris Craft Commissioner Joseph E. Smith Commissioner Paula A. Lewis Commissioner Frannie Hutchinson AYE AYE AYE AYE AYE PART G. CODIfICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word ·ordinance" may be changed to ·section",,"ar.;ti,cle", or other appropriate word, and the sections of this ordinance may be. renuttjbJred or relettered to accomplish such intention: provided, however, that Part~"B:tfir.ó9g~ G shall not be codified, !¡/j:...,;~~~o· . ,c. ,;... PASSED AND DULY ADOPTED this 18th day of July, 2006'; ':;/''¿'.'' --~ì/J \ .,' ~" - ¡{~~·~~~~~~'-~".\BOARD Of COUNT)'I~f6 ~~~E~& . ,,';~} ~ '::"~>, J~\ \~T. LUCIE CO NTY, C RI'Qø,?" ':- ".~.' ·~t:~' ~ ì, _ t . <- I, . ..,t,.""",, "" ft. 'r, \ t - V· ' oc', '~':,~i~~~~~' t J ,,~ L' -, ¡ ~ ' -,. .'r'· ,.. ~_ ,-,I: ~ .4',,.;"'~!! <,.·":~~~.:;ï 1~~/~J~ '\\ . ,." {;;;-;J .1'1- l~~i;~ ~, ~ APPROVEDïtTO fO.R. M AN CORRECTNES /',., I V ~ f2 , G, \A TTY\ORDNANCE\2006 \06-022.wpd