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Home My WebLink About05-016 ORDINANCE NO. 2005-016 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA (THE "COUNTY"), PROVIDING POSTPONEMENT OF ISSUANCE OF CERTAIN COMPREHENSIVE PLAN AMENDMENTS AND DEVELOPMENT ORDERS WITHIN THE COUNTY CONCERNING DEVELOPMENT WHICH IS PROPOSED ON PROPERTY GENERALLY LOCATED IN THE TVC ELEMENT BOUNDARY AND AS MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A" HERETO, WHERE THOSE AMENDMENTS OR DEVELOPMENT ORDERS WOULD INCREASE DENSITIES OR INTENSITIES OF LAND USE ABOVE THAT CURRENTLY PROVIDED BY THE COUNTY LAND DEVELOPMENT REGULATIONS OR THE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR WAIVER, VESTED RIGHTS, APPEALS, EXHAUSTION OF ADMlNISTRATIVE REMEDIES, APPLICABILITY, SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the St. Lucie County Board of County Commissioners (the "Board") is presently working through its consultants to implement the results of the North St. Lucie County Charrette through the preparation and adoption of comprehensive plan amendments and land development regulations which, upon implementation, 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, on February 7-14, 2004, the Treasure Coast Regional Planning Council ("RPC") held a public charrette to study future growth and development in North 81. Lucie County; and WHEREAS, on March 17, 2004, the Board unanimously voted to engage the RPC to prepare amendments to the St. Lucie County Comprehensive Plan and the Land Development Regulations to implement the recommendations of the North County Charrette Master Plan; and WHEREAS, the North 81. Lucie Master Plan recommends a compact, sustainable pattern of development that preserves significant amounts of open space; and WHEREAS, on November 9, 2004, the Board entered into an Interlocal Agreement with the RPC to prepare amendments to the 81. Lucie County Comprehensive Plan and the Land Development R~gulations to implement the recommendations of the North 81. Lucie County Charrette Master Plan; and EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2700794 09/02/2005 at 08:53 AM OR BOOK 2350 PAGE 2775 - 2781 Doc Type: ORDN RECORDING: $61.00 WHEREAS, on March 10, 2005 the RPC submitted proposed amendments to the St. Lucie County Comprehensive Plan to the Board for processing and transmittal to the State Department of Community Affairs during the County's first round of year 2005 comprehensive plan amendments; and WHEREAS, on April 4, 2005, a public workshop with the Board, the Local Planning Agency and the RPC was held to discuss the proposed amendments; and WHEREAS, the proposed amendments were heard by the Local Planning Agency on April 21, 2005 and will be scheduled to be heard again in August, 2005; and WHEREAS, the initial hearing (transmittal hearing) on the proposed amendments will be scheduled before the Board in September of2005; and WHEREAS, the adoption hearings before the Board on the proposed amendments will be scheduled for December, 2005 or January, 2006; and WHEREAS, the land development regulations that will implement the proposed amendments will be scheduled to be heard by the Board in December, 2005 or January, 2006; 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 WHEREAS, the Board desires to insure that during the pendency of the necessary study activity, presently underway, for the formubtion and implementation of the necessary ~nd appropriate plan amendments and land development regulations reference herein, that requests for processing and approval of additional plan amendments, amendments to the Official Zoning Atlas, and development orders for new development within the scope which is described herein, are postponed until the County's comprehensive plan amendments, and land development regulations (collectively, the "Growth Management Regulations") are prepared and implemented; and WHEREAS, the County Local Planning Agency has reviewed the regulations set forth in this Ordinance and has determined that such regulations are consistent with the applicable provisions of the Comprehensive Plan of the County. 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. Postponement: Applicabilitv. A. During the time that this Ordinance is in effect, as specified in Section 7 below, no applications for comprehensive plan amendments, amendments to the Official Zoning Atlas, or development orders, as that term is defined in Section 163.3164, Fla. Stat., concerning development on any property in the County located in the TVC Element Boundary as identified in the crosshatched area on the map attached as Exhibit "A", shall be processed or issued if such comprehensive plan amendment, amendment to the Official Zoning Atlas, or development order increases the density or intensity of development that would presently be allowed under the County Comprehensive Plan and Land Development Regulations now in effect. B. That notwithstanding anything to the contrary above, the postponements of this ordinance shall not apply to: 1. any public purpose project which is required by any government entity; nor 2. any development which is protected from a change in county ordinances to the extent provided by Section 163.3233, Florida Statutes, for those statutory development agreements which have been previously entered into. Section 3. Waivers. Notwithstanding Section 2 above, an applicant for development of property within the area described as Exhibit "A" may apply to the Board for a waiver to the prohibition against processing such application. The Board shall consider such an application at a public meeting held within 45 days of receipt of the application by the County. If, at the public meeting, the applicant demonstrates 6 to the Board's satisfaction that the application 1) will not detrimentally affect the preparation and implementation of the Growth Management Regulations; 2) will further the principles of the North County Charrette Master Plan; 3) will be compatible with surrounding land uses; and 4) will not impair the public health, safety or welfare, then the Board may allow that application to be submitted, reviewed and processed concurrently with the Growth Management Regulations. In no event, however, shall a development order be issued for such application until such time as the necessary comprehensive plan amendments are in effect and the application is consistent with adopted land development regulations. Section 4. Vested Rights. (A) Nothing in this ordinance shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following: (1) A governmental act of development approval was obtained prior to the effective date of this Ordinance; and (2) Upon which the property owner has detrimentally relied, in good faith, by making such a substantial change in position or incurring such extensive obligations and expenses; and (3) That it would be highly inequitable to deny the property owner the right to complete the development. (B) That any property owner claiming to have vested rights under this Section 4 must file an application with the Board for a vested rights determination within 30 days after the effective date of this Ordinance. The application shall be accompanied by a fee of $1 ,500.00 and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the County Administrator and other documentary evidence supporting the claim. The Board shall hold a public hearing on the application and based upon the evidence submitted shall make a determination as to whether or not the property owner has established vested rights. To the extent that a property owner demonstrates vested rights, the prohibitions established in this Ordinance shall not be applied. 6 Section 5. Appeals. Appeals from final decisions by the Board under Section 3 or Section 4 of this Ordinance shall be by the filing of a Petition for Certiorari in the Circuit Court of the 19th Judicial Circuit in and for St. Lucie County in accordance with the Florida Rules of Appellate Procedure for the review of the quasi-judicial rulings of local government agencies. Section 6. Exhaustion of Administrative Remedies. No property owner claiming that this Ordinance as applied constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights may pursue such claim in court unless he or she has first exhausted the administrative remedies provided in this Ordinance. Section 7. Term. The time period for the postponement of processing applications for comprehensive plan amendments or development orders imposed by this Ordinance is temporary and shall be effective for the earlier of 1) a period of one hundred eighty (180) days from adoption hereof, or 2) the effective date of the comprehensive plan amendments and land development regulations related thereto, the formulation and adoption of which shall be expeditiously pursued. The duration of the 180- day time period may be reasonably extended, if necessary, for up to an additional sixty (60) day period by Resolution of the Board. Section 8. Effective Date. This Ordinance shall be effective upon filing with the Secretary of State. After motion and second, the vote on this ordinance was as follows: ATTEST: ~, Chairman Frannie Hutchinson NA Y Vice Chairman Doug Coward AYE Commissioner Joseph E. Smith AYE Commissioner Paula A. Lewis A YEA!A~';>:: Commissioner Chris Craft A YE;~'p,:' , ,,;{,¡t(·,;c-'<,(';''', PASSED AND DULY ADOPTED this 16th day of Augg~~'i9P~:.::;;-.. .. c, r' ',)", "'.:S .~'; ì~r., ,,'.. Y; 11:' > :"<'>~;;~ BO;ro>9i1tO~N~i~~~lIS.SIONERS 'f/':"" . '\"::>;~ . ST,-'j.-U.ÇIE C{).'.t.. .....·.1:\Z;:FL..QRIDA ~'.{ ) .:'~ ' r '''-. . <:/, . 'ì/ '~. ; / ;;':'~Y. '/''''<.4\ ":".,';~,;¡~., "c' ,f, ~ '. J. ' ,--'~ ."...... ,'I 'il" / - f?n \./ ...<'...;¡ ,I ~ .- ¿., <4'!. p.' "\ ~ ~ Q.'" 6 6 z-<;( ( ~ ~:i~ r:Î, ., ,{ ; !~~ ~ .. ~ t ;::¡ .. '-0 ~~ \ì '-..:¡~ ~ ,~ ~ ~, § 'i ,~ ~ ,i M 1.!1 ("'oj ("'oj (f 1.!1 (J ~ 1.!1 I'- a a (1j CD >- c... c... <{ (1j >- D D C :J :J ....... a (J) OJ >- ........ c c CD :J E 0 u CD ..c W ....... 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