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HomeMy WebLinkAbout02-014 2 3 4 5 8 10 11 12 13 14 15 15 18 19 20 21 22 23 24 25 25 2Y 28 29 30 31 32 33 34 35 37 38 39 ORDINANCE NO. 02-014 AN ORDINANCE AMENDING THE COASTAL MANAGEMENT ELEMENT OF THE ST. LUClE COUNTY COMPREHENSIVE PLAN TO PROVIDE FOR THE INCORPORATION OF THE GOALS OBJECTIVES AND POLICES OF THE PORT OF FT. PIERCE MASTER PLAN INTO THIS ELEMENT; PROVIDING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: On January 9, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Comprehensive Plan. The Board of County Commissionen: has adopted certain amendments to the St. Lucie County Comprehensive Ph::r:, through the following Ordinances 90-028 Map/Small Area May 22, 1990 91-001 Compliance Amendments May 14, 1991 92-018 Map/Small Area Mamh 24, 1992 92-028 Map/Small Area September 22, 1992 92-029 Map/Large Area September 22, 1992 92-031 Map/Small Area November 10, 1992 94-015 Map/Large Area May 3, 1994 95-029 Text Amendment June 20, 1995 95-036 Text Amendment August 15, 1995 96-017 Map/Small Area May 7, 1996 96-018 Map/Small Area May 21, 1996 99-026 Map/Small Area September 21, 1999 01-001 Map/Small Area June 19, 2001 02-008 General Ptan Amendments Mamh 5, 2002 3. On May 23, 2002, the St. Lucie County Local Planning Agency Ordinance #02-014C Final Underline is for addition C::::;,; TL;c-~.~, is for deletion Page 1 PRINT DATE:10/12/02 ! 2 $ 4 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 recommended to the Board of County Commissioners that they transmit to the Department of Community Affairs the Evaluation and Appraisal Amendments to the St. Lucie County Comprehensive Plan. On June 4, 2002, the St. Lucie County Board of County Commissioners held the first of two public hearings on the proposed Amendments to the Coastal Amendment Element of St. Lucie County Comprehensive Plan, and recommended that the proposed amendment be transmitted to the Department of Community Affairs the Evaluation and Appraisal Amendments to the St. Lucie County Comprehensive Plan. On August 30, 2002, St. Lucie County received the required Objections, Recommendation and Comment (ORC) Report from the Department of Community Affairs in regard to the proposed amendments to the St. Lucie County Comprehensive Plan. On October 15, 2002, this Board held the second of the two public hearings on the proposed Amendments to the Coastal Management Element of the St. Lucie County Comprehensive Plan, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on October 5, 2002, and continued the public hearings on this matter until November 5, 2002. On November 5, 2002, the Board again continued the public hearing on this matter until November 12, 2002. On November 12, 2002, this Board reconvened the public hearing on this matter and accepted additional pubic and staff comment regarding the proposed revisions to the Master Plan for the Port of Ft. Pierce addressing the Objections, Recommendation and Comment (ORC) Report from the Department of Community Affairs. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. INCORPORATION OF THE GOALS, OBJECTIVES AND POLICES OFTHE PORT OF FT. PIERCE MASTER PLAN INTO THE ST. LUClE COUNTY COMPREHENSIVE PLAN Underline is for addition C;~',;;, .'~..;c,;~ is for deletion Ordinance #02-014C Page 2 Final PRINT DATE: 10/12/02 1 2 3 4 § 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 3§ 36 37 38 39 4O Consistent with Policy 7.5.1.1 of the St. Lucie County Comprehensive Plan, the Goals, Objectives and Policies of the Port of Ft. Pieme Master Plan, as found in the attached Exhibit A, are hereby approved and appended to Chapter 7 of the Coastal Management Element of the St. Lucie County Comprehensive Plan. PART B. FINDINGS OF CONSISTENCY. The Board specifically determines that the Goals, Objectives and Policies of the Port of Ft. Pierce Master Plan described in Part A are internally consistent with the other Goals, Objectives and Policies found in the St. Lucie County Comprehensive Plan. 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 cimumstance. PART E. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County. PART Fo 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 3230 Underline is for addition ~tF:,kC ,'I'~FC,;JG~ k~ for deletion Ordinance #02-014C Page 3 Final PRINT DATE: 10/12/02 ! 2 3 4 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 3§ 36 37 38 3(9 4O PART G. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Department of CommunityAffairs, 2555 Shummard Oaks 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 Doug Coward AYE Vice Chairman Cliff Barnes AYE Commissioner Paula Lewis AYE Commissioner John D. Bruhn AYE Commissioner Frannie Hutchinson AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this 12th day of November, 2002. Underline is for addition ~tF',kG T,';Fc,~,'; is for deletion Ordinance #02-014C Page 4 Final PRINT DATE: 10/12/02 1 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 02-01~(Lndcod01 -H) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA j,':" _ APPROVED AS TO FORM AND CORRECTNESS: BY: /~"~C~ounty/ ~ ey Underline is for addition C:;:~;, ,~h, rc, u~,h is for deletion Ordinance #02-014C Page 5 Final PRINT DATE:10/12/02 ! 2 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 EXHIBIT A Goals, Objectives, and Policies for the Port of Ft. Pierce Underline is for addition ~,:;'::;c ,'~,,,'-~..,g,~ is for deletion Ordinance #02-014C Page 6 Final PRINT DATE:10/12/02 1 2 3 4 § 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Goals, Objectives, and Policies A revised vision for the Port of Fort Pierce was establishedin 1996 through a non- binding public referendum and charrette process, which shifted the intended general uses from exclusively cargo as per the 1989 Port Master Plan to a mix of recreational, commercial, and industrial uses. Since that time and through additional public workshops, this vision has been further refined to focus the industrial component of the mixed-use port on marine industries, specifically the mega yacht industry, and for such uses to serve as the anchor tenant at the Port of Fort Pierce. The port master plan more clearly defines this community vision, strengthens local control over the process, and provides flexibility to ensure intergovernmental coordination and the desired mix of uses. References to the "Port of Fto Pierce" in the Goals, Objectives, and Policies shall be liberally interpreted to mean the appropriate local government entity charged with the responsibility for enforcing or completing the specific objective or policy statement. Underline is for addition Ct;=,k; T,';;-c,~;~,~ is for deletion Ordinance #02-014C Page 7 Final PRINT DATE:10/12/02 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Goals, Objectives, and Policies for the Port of Ft. Pierce Goal I Responsibility for the Port The overall responsibility for the management of the Port of Ft. Pierce is vested by law with the St. Lucie County Commission and should be managed in the public interest of ell the citizens of St. Lucie County. Objective 1.1 St. Lucie County, working with the City of R. Pierce, interested agencies and private property owners and consistent with the port enabling laws and the constitutional and statutory protections for the rights of existing private property owners, should ensure that the public interest and quality of life is protected when exercising public control of port property. Policy 1.1.1 St. Lucie County shall explore and consider all options for the management and operations of the Port of Fort Pierce in cooperation with the municipalities and local officials. These discussions shall take place prior to December 2004 through either a task force or joint workshop of the elected officials. Policy 1.1.2 St. Lucie County shall maintain the necessary oversight of the Port of Fort Pierce to ensure compliance with applicable state law governing deepwater ports and to guarantee the financial feasibility of any publicly funded infrastructure within the pc Underline ~s for addition ~:;::;c, TX;C,~.~,h is for deletion Ordinance #02-014C Page 8 Final PRINT DATE: 10/12/02 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 Policy 1.1.3 St. Lucie County shall determine whether to initiate actions necessary to acquire public ownership of those areas in the port determined to be in the public interest. Policy 1.1.4 St. Lucie County shall coordinate with the City of Fort Pierce, other affected local governments, the Treasure Coast Regional Planning Council and the Florida Seaport Transportation and Economic Development Council (FSTED). Policy 1.1.5 St. Lucie County, operating through its existing and future legal authorities, shall initiate discussions with the City of Fort Pieme, with other public agencies, and with the private business sector to create the legal agreements, memoranda of understanding, and joint planning agreements necessary to implement the goals, objectives, and policies of the Master Plan for the Port of Ft. Pierce. m Underline is for addition Ct;=,',;; T~;C,;;,;,'; is for deletion Ordinance #02-014C Page 9 Final PRINT DATE:10/12/02 ! 2 4 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2§ 26 27 28 29 30 31 32 33 34 Goal 1 B Land Use Map For The Port Of Ft. Pierce The Port of Ft. Pierce shall establish a general master development map for the Port that establishes a general Port Planning Area boundary and a Port Operations Area boundary to provide elected officials, prospective investors, port facility developers, and the public a clear understanding of the physical location of the activities that could be accommodated in the Port of Ft. Pierce. The general master development map for the Port of Ft. Pierce is not to be used alone but rather in conjunction with the other development policies found in this plan and the applicable Local Comprehensive Plans for St. Lucie County and the City of Ft. Pierce, Objective lb.1 The general master development map for the Port of Ft. Pierce shall be as depicted in Figure F and Fl. The land use activities shown in this general plan of development shall comply with applicable State, County and Municipal laws including the applicable Local Comprehensive Plans for St. Lucie County and the City of Ft. Pierce, adopted pursuant to Chapter 163, Florida Statutes Policy lb.1.1 The general land use classification is to be used to determine consistency between the General Master Development Map for the Port of Ft. Pierce and the applicable local government comprehensive plan. The Port of Ft. Pierce will coordinate with the City of Ft. Pierce and St. Lucie County to determine whether the Port General Master Development Plan is consistent with the City and the County Comprehensive Plan Future Land Use designations for the Port Planning Area. To the extent any inconsistencies between the General Master Development Plan for the Port and the City or County Comprehensive Plans are identified, the Port of Ft. Pierce will request that City or the County amend their Comprehensive Plans to ensure consistency. Policy I b. 1.2 The Port of Ft. Pierce shall support development activity such as mega yacht construction and maintenance, commercial uses, marine research facilities, or Underline is for addition ~tF',kG T~;c.;;;5 is for deletion Ordinance #02-014C Page 10 Final PRINT DATE:10/12/02 1 2 3 4 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 expansion of tourist/recreational uses, depending on market conditions. Policy lb.1.3 The Port of Ft. Pierce shall support development of tourist, commercial and recreational uses primarily in the northern third of the undeveloped property in the Port Operations Area as shown in Figure F. This development shall be consistent with the adopted Local Comprehensive Plans for St. Lucie County and the City of Ft. Pierce, including but not limited to the Future Land Use, Transportation and Coastal Management Elements. Policy lb.1.4 All activities within the Port Planning Area shall comply with the applicable State and County laws and the applicable plans and regulations of the City of Ft. Pierce or St. Lucie County including but not limited to, the adopted Future Land Use Maps of the Local Comprehensive Plans for St. Lucie County and the City of Ft. Pierce, as depicted in the attached Figure G, G1 and G2. Policy lb.1.5 The Port of Ft Pierce shall continue to support limited cargo operations in the Port Operations Area, as described in Policy 2.1.2. Policy lb.1.6 By March 1st of each year, the Port of Ft. Pierce shall submit to the County Administrator or his designee an updated five (5) year capital budget/improvement plan for the Port. To the extent that local funds are required to address a capital improvement need, the Board of County Commissioners shall be requested to provide the necessary funding to meet that need. Nothing in this policy shall be construed as to prohibit the Board of County Commissioners from requesting that the City of Ft. Pierce, the Ft. Pierce Community Redevelopment Agency, or any other appropriate agency or entity assist in funding one or more capital improvement project(s) within the Port Area since the port planning area within the City Limits of Ft. Pierce lies entirely Underline is for addition C:;'.kc Th;;,~;~,q is for deletion Ordinance #02-014C Page 11 Final PRINT DATE: 10/12/02 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 within the Ft. Pierce Community Redevelopment Area. Policy lb.1.7 Recognizing that the majority of the lands, excluding water and roadways, in the Port Planning Area, including the Port Operations Area, are not in public ownership, should the County acquire additional lands in the Port Operations Area, the Master Plan for the Port of Ft. Pierce will be amended to reflect a revised capital improvements plan and the Port of Ft. Pierce will request that the Board of County Commissioners make any necessary amendments to the St. Lucie County Comprehensive Plan and, if necessary, that the Ft. Pierce City Commission make any necessary amendments to the Ft. Pierce Comprehensive Plan to address all identified capital needs. Nothing in this policy shall be construed as to prohibit the Board of County Commissioners from requesting that the City of Ft. Pierce, the Ft. Pierce Community Redevelopment Agency, or any other appropriate agency or entity assist in funding one or more capital improvement project(s) within the Port Area since the Port Planning Area within the City Limits of Ft. Pierce lies entirelywithin the Ft. Pierce Community Redevelopment Area. Underline is for addition ,~:;:kc T,'-,;C,,,;,', is for deletion Ordinance #02-014C Page 12 Final PRINT DATE:10/12/02 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Goal 2 Port Activities The quality of life for St. Lucie County residents will be strengthened and maintained by enhancing the economic viability, attractiveness, environmental quality, and social benefits associated with activities at the Port of Ft. Pierce. Objective 2.1 The Port of Ft. Pierce should strengthen the economic development activities in the Port Operations Area by working with federal, state and local government, the private sector, and other interested parties to formulate an economic development plan by 2004 that will foster new jobs that exceed the County's average annual wage and enhance the community's prosperity. Policy 2.1.1 The Port of Ft. Pierce shall encourage the development, renovation and improvement of port facilities to maximize current potential, including rehabilitation and modernization of existing buildings consistent with the goals of the City of Ft. Pierce downtown redevelopment plan. Policy 2.1.2 The Port of Ft. Pierce will continue as a deepwater port that will accommodate limited cargo operations. Gentrification of cargo areas shall be emphasized and flexibility shall be retained in the Berth 1 area to allow either limited cargo operations or marine industries or a combination of both. All such uses shall be consistent with the general mix of uses described herein and compatible with adjacent land uses and natural resources. Policy 2.1.3 Future public infrastructure improvements in the Port Planning Area will be made consistent with the Port Master Plan. Underline is for addition C;r:,kc ThrF. uGh is for deletion Ordinance #02-014C Page 13 Final PRINT DATE:10/12/02 1 2 3 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Policy 2.1.4 St. Lucie County, working with federal, state and local governments, the private sector, and other interested parties, may provide incentives for jobs that exceed the County's average annual wage. Policy 2.1.5 The Port of Ft. Pierce, working with federal, state and local governments, the private sector, and other interested parties, will encourage port industries to develop job training programs and use the local workforce to the fullest extent possible. Objective 2.2 The Port of R. Pierce In cooperation with the City of Ft. Pierce and other governmental bodies, shall assist in the development of high quality design standards to ensure that port facilities in the Port Operations Area are compatible with the use of the surrounding area in the City of Ft. Pierce as downtown waterfront development. Policy 2.2.1 The Port of Ft. Pierce, in cooperation with other governmental bodies, the private sector, and other interested parties, should develop and maintain aesthetically pleasing public port facilities and landscaping to encourage new and expanded business development. Policy 2.2.2 The Port of Ft. Pierce, in cooperation with other governmental bodies, should ensure that port facilities are aesthetically compatible with all newly renovated areas of downtown Ft. Pierce and other adjacent neighborhood areas and in compliance with the City of Ft. Pierce regulations. Underline~ is for addition .ql;:,k; Th;;~;G~ is for deletion Ordinance #02-014C Page 14 Final PRINT DATE:10/12/02 1 4 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Policy 2.2.3 Existing activities within the Port of Ft. Pieme Operations Area that are determined to be inconsistent with future uses of the Port should be identified and removed through the negotiated purchase of property or business, code enfomement activities, private/public partnerships, grants, other mechanisms by the appropriate unit of government, or eminent domain. Objective 2.3 The Port of R. Pierce, working with federal, state and local governments, the private sector, and other interested parties, shall maintain, Increase, and promote marine industry and related scientific and commercial activities at the Port of R. Pierce so there is no net loss of marine Industry. Policy 2.3.1 The Port of Ft. Pierce, working with federal, state and local governmental bodies, the private sector, and other interested parties, shall accommodate water-related marine activities such as mega yachts, restaurants, hotels, tall sailing vessels, boat service and repair yards, marina facilities, and related service activities within the Port Planning Area for the benefit of residents and visitors to the community. Policy 2.3.2 The Port of Ft. Pierce, working with federal, state and local governmental bodies, the private sector, and other interested parties, shall accommodate water-related marine activities such as mega yachts, marine research vessels, tall sailing vessels, restaurants, hotels, and related service activities within the Port Planning Area for the benefit of the residents and visitors to the community. Policy 2.3.3 The Port of Ft. Pierce, in cooperation with federal, state and local governmental bodies, the private sector, and other interested parties, shall protect, maintain, and UndeHine is for addition C;F'.:;; T~;C~,.~.~. is for deletion Ordinance #02-014C Page 15 Final PRINT DATE:10/12/02 ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 promote marine industry activity from encroachment or displacement by incompatible land uses. Policy 2.3.4 The Port of It. Pierce, working with federal, state and local governmental bodies, the private sector, and other interested parties, shall encourage the location of additional marine science facilities in the Port Planning Area that are compatible with the Smithsonian and the Harbor Branch Oceanographic Institution. Policy 2.3.5 The Port of Fort Pierce, working with other governmental bodies, the private sector, and other interested parties, shall encourage the location and development of a mega yacht facility that serves as the anchor tenant in the Port Operations Area. Objective 2.4 The Port of Ft. Pierce shall allow and support expansion of water-dependent recreational and ecotourism uses in the Port Planning Area. Policy 2.4.1 The Port of Ft. Pierce, working with federal, state and local governmental bodies, the private sector, and other interested parties, shall encou rage recreational uses within the Port Planning Area. Policy 2.4.2 The Port of Ft. Pierce working with federal, state and local governmental bodies, the private sector, and other interested parties, shall maintain a public education and information program for the commemial and recreational boating activities on and adjacent to the Port Planning Area to alert and advise those users of the environmentally sensitive resoumes in the area. Underline is for addition C:r:',;c, ~, ,'h, rc,~,~h is for deletion Ordinance #02-014C Page 16 Final PRINT DATE:10/12/02 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 Objective 2.5 The Port of Ft. Pierce, in compliance with federal, state, and local laws, shall work with appropriate public safety entities to revise the port security management plan for the Port Operations Area by December 2003. Policy 2.5.1 The Port of Ft. Pierce shall use its best efforts to ensure that port security will protect port users and citizens from crime or terrorism concerns and prevent any increase in criminal activity or enterprises. Policy 2.5.2 The Port of Ft. Pierce, working with federal, state and local governmental bodies, the private sector, and other interested parties, shall develop a public education program for the port security management plan to ensure that the owners, users, other responsible parties, and members of the public understand port security. Underline is for addition C:;'.:;c, .~'~..;c,;~.~ is for deletion Ordinance #02-014C Page 17 Final PRINT DATE:10/12/02 1 2 3 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Goal 3 Environmental Protection The Indian River Lagoon is recognized ss the most biodlverse estuary in North America and as an important component of the local economic base and the overall quality of life in the community. As such, the integrity of the Indian River Lagoon shall be protected by correcting any detrimental effects caused by current operations and ensuring long-term development and Improvement activities are consistent with all local, state and federal environmental laws and regulations. Objective 3.1 The Port of Ft. Pierce, working with federal, state and local governmental bodies, the private sector, and other interested parties, shall ensure the protection and restoration of the Indian River Lagoon and avoid future degradation of the Lagoon's ecological health due to port activities. Policy 3.1.1 The Port of Fort Pierce, working with federal, state and local governmental bodies, the private sector, and other interested parties, will regulate discharges coming from port activities into the Indian River Lagoon to prevent air and water pollution in violation of any adopted federal, state, or local laws or regulations. Existing port businesses should be retrofitted to reduce pollution in the Indian River Lagoon. Policy 3.1.2 The Port of Ft. Pierce, working through the Comprehensive Plans and Land Development Regulations of the appropriate local general purpose government, shall address excessive freshwater inflows originating from the Port Planning Area to minimize their impacts on estuarine salinity, consistent with guidelines being developed by the U.S. Army Corp of Engineers and the South Florida Water Management District in the Indian River Lagoon- South Feasibility Study Draft (2001). Underline is for addition C:F::;;, T,~;;,.~,'-, is for deletion Ordinance #02-014C Page 18 Final PRINT DATE:10/12/02 1 3 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Policy 3.1.3 The Port of Ft. Pierce, working with other governmental bodies, private interests, and other interested parties, shall limit inputs of suspended materials, nutrient inflows, and toxic substances from the Port Planning Area into the Indian River Lagoon to state and federal approved limits. Policy 3.1.4 The Port of Ft. Pierce shall work with other governmental bodies, private interests, and other interested parties to enforce existing laws and prevent exotic invasive species from entering the Indian River Lagoon via ship's ballast and bilge water or cargo or any other method. Policy 3.1.5 The Port of Ft. Pierce will develop a port area maintenance program to ensure environmental compliance by the Port and for any activities occurring within the Port Planning Area. Objective 3.2 The Port of R. Pierce will work with other governmental bodies, the private sector, and other interested parties, to prevent detrimental effects on the Indian River Lagoon caused by port activities by supporting estuarine diversity and the protection, maintenance, and enhancement of the population of endangered and threatened species. Policy 3.2.1 The Port of Ft. Pierce shall work with other governmental bodies, private interests, and other interested parties to preserve and restore seagrass beds and mitigate any permitted losses to existing seagrass beds caused by port activities to the maximum extent possible. Underline is for addition ~.tr'.:;C..'F~..rC,,,~ is for deletion Ordinance #02-014C Page 19 Final PRINT DATE: 10/12/02 1 2 3 4 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Policy 3.2.2 The Port of Ft. Pierce, working with other governmental bodies, private interests, and other interested parties, shall protect endangered and threatened mammals, fish, reptiles, amphibians, and invertebrates from port activities in the Indian River Lagoon. Policy 3.2.3 The Port of Ft. Pierce, working with other governmental bodies, private interests, and other interested parties, shall take appropriate actions to protect and conserve fin and shellfish resources in the Indian River Lagoon from damage due to port activities. Objective 3.3 The Port of Ft. Pierce, working with other governmental bodies, private interests, and other interested parties, shall protect and maintain the existing natural coastal areas and resources within the Port Planning Area. Policy 3.3.1 The Port of Ft. Pieme, working with the Comprehensive Plan and Land Development Regulations of the appropriate local general purpose government, shall address maintenance and reduction of existing air quality emissions from port activities to ensure that new emissions from the Port meet applicable air quality standards. Policy 3.3.2 The Port of Ft. Pieme, working with other governmental bodies and private interests, and other interested parties, shall create a scientific advisory committee, composed of reseamhers and managers from the Smithsonian Institute, Harbor Branch Oceanographic Institution, and other regional marine reseamh institutions, to provide scientific advice on port operations and activities (commercial, industrial and recreational) that may impact the Indian River Lagoon. Underline is for addition C',;=.',;C, Th;C,~;G~ is for deletion Ordinance #02-014C Page 20 Final PRINT DATE:10/12/02 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Policy 3.3.3 The Port of Ft. Pierce, working with other governmental bodies, private interests, and other interested parties, will develop a list of best management practices for environmental protection which have been used successfully by other Ports to ensure efficient and effective management of port operation activities while providing environmental protection. Policy 3.3.4 The Port of Ft. Pierce, working with other governmental bodies and the private sector, and other interested parties, should encourage the use of an absorbing type system of bulkheading where possible to protect the natural coastline in the port and surrounding area. Policy 3.3.5 The Port of Ft. Pierce, working with other governmental bodies, the private sector, and other interested parties, will, by January 2006, identify, acquire (if necessary) and permit a permanent spoil disposal site for materials dredged from the port planning area. Objective 3.4 In keeping with the St. Lucie County Manatee Protection Plan (MPP), the Port of Ft. Pierce will work with other governmental agencies and private interests to improve protection of the manatees and enforcement of existing related laws within the Port Planning Area. Policy 3.4.1 The Port of Ft. Pierce, working with other governmental bodies, private interests, and other interested parties, will adjust future and proposed dock design and construction to be consistent with manatee protection measures. Underline is for addition CtF',kc, , ,'"~rc.u~,~ is for deletion Ordinance #02-014C Page 21 Final PRINT DATE:10/12/02 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Policy 3.4.2 The Port of Ft. Pieme, working with other governmental bodies, private interests, and other interested parties, will conduct maintenance dredging in the Port Planning Area in a manner that is consistent with manatee protection measures. Policy 3.4.3 The Port of Ft. Pierce, working with other governmental bodies, private interests, and other interested parties, will conduct activities involving expansion of ship berths and maintenance of channels in a manner that is consistent with manatee protection measures in the Port Planning Area. Policy 3.4.4 The Port of Ft. Pierce, working with other governmental bodies, private interests, and other interested parties, will conduct activities involving explosives in a manner that is consistent with manatee protection measures in the Port Planning Area. Policy 3.4.5 The Port of Ft. Pierce, working with other governmental bodies, private interests, and other interested parties, will conduct activities involving sediment removal and disposal in a manner that is consistent with manatee protection measures in the Port Planning Area. Policy 3.4.6 The Port of Ft. Pierce, working with other governmental bodies, private interests, and other interested parties, will protect and/or mitigate seagrass beds and submerged aquatic vegetation that serve as manatee habitat in the Port Planning Area. Policy 3.4.7 The Port of Ft. Pierce, working with other governmental bodies, private interests, and Underline is for addition ....... T~;c.;~ is for deletion Ordinance #02-014C Page 22 Final PRINT DATE:10/12,/02 1 2 3 4 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2§ 26 27 28 29 3O 31 32 33 34 3§ other interested parties, will hemp to develop guidelines and establish an education program for crew procedures regarding observing and avoiding manatees when arriving and departing from docks in the Port Planning Area. Underline is for addition ~..:F',k~ .'T:;..;;.,.c.,~ is for deletion Ordinance #02-014C Page 23 Final PRINT DATE:10/12/02 1 2 3 4 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 Goal 4 Public Access The Port of Ft. Pierce, working with other governmental bodies, private interests, and other interested parties, shall enhance public access to the Port Planning Area. Obiective 4.1 The Port of Ft. Pierce, working with other governmental bodies, private interests, and other interested parties, shall develop an integrated open space system to provide public access between those portions in the Port Planning Area that are open to the public and the surrounding community. Policy 4.1.1 The Port of Ft. Pierce, working with other governmental bodies, private interests, and other interested parties, shall facilitate public access to short-term parking. Policy 4.1.2 The Port of Ft. Pieme shall encourage unobstructed public access to designated public fishing areas. Policy 4,1.3 The Port of Ft. Pierce shall cooperate with and support efforts of other interested governmental bodies in providing access to unobstructed scenic views of the Indian River Lagoon. Policy 4,1,4 The Port of Ft. Pierce shall encourage the City, County, and State to improve and maintain an orderly network of streets and entrances to access port facilities. Underline is for addition C:;:',;c T~;c,~;~,% is for deletion Ordinance #02-014C Page 24 Final PRINT DATE:10/12/02 1 2 3 4 5 6 7 8 9 10 11 12 13 Policy 4.1.5 The Port of Ft. Pierce shall develop an integrated open space system along the waterfront of the Port Operations Area, with the exception of areas where such access would pose a safety or security concern or where it would interfere with approved port activities. Policy 4.1.6 The Port of Ft. Pierce shall encourage multi-use marine recreational activities, walkways, and multiuse paths within the open space system in the Port Planning Area and provide linkages with the network in Fort Pierce. Underline is for addition ~tF',',;; ,"~,,F,;;G,~ is for deletion Ordinance #O2-014C Page 25 Final PRINT DATE: 10/12/02 1 2 3 4 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Goal 5 Emergency Management The public will be protected in various emergency situations through cooperation between the Port of Ft. Pierce end other governmental bodies to achieve maximum levels of safety and to restrict commerce of hazardous materials in the Port of Ft. Pierce. Objective 5.1 The Port of Ft. Pierce, working with regional and state emergency management agencies, private interests, and other interested parties, shall identify new and existing procedures to ensure public safety in the event of a hurricane or other natural disaster. Policy 5.1.1 The Port of Ft. Pierce shall comply with the comprehensive emergency management plans of appropriate local general purpose government to ensu re safe evacuation of the Port during times of hurricane or other disasters. Policy 5.1.2 The Port of Ft. Pierce shall work with the City of Ft. Pierce and St. Lucie County to ensu re that all development activities within the Port Planning Area, including the Port Operations Areas, are consistent with State of Florida's policies on development within areas identified as Coastal High Hazard Areas. New residential uses within areas designated as Coastal High Hazard as defined in Rule 9J-5, FAC., shall be discouraged. Objective 5.2 The Port of Ft. Pierce, working with other governmental bodies, shall comply and cooperate to ensure that adequate procedures are in place to respond to a hazardous material spill. Underline is for addition C:;::;c T~;c.;.~,;, Js for deletion Ordinance #02-014C Page 26 Final PRINT DATE:10/12/02 1 2 3 4 5 6 7 8 9 10 11 Policy 5.2.1 The Port of Ft. Pierce shall comply with the processes of federal, state, and local governments for safe and expedient cleanup of hazardous spills. Policy 5.2.2 The Port of Ft. Pierce shall cooperate with governmental bodies to provide complete and timely information to the public in the event of a hazardous materials accidenl Underline is for addition .~t;?,;c T~,,'C..,~,~ is for deletion Ordinance #02-014C Page 27 Final PRINT DATE:10/12/02 1 2 3 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Goal 6 Landside Infrastructure Landside and waterside infrastructure serving the Port of Ft. Pierce should meet the Port's future requirements in a manner consistent with the abilities of the appropriate agencies to provide the services needed to support approved port activities. Objective 6.1 The Port of Ft. Pierce shall work with other governmental agencies to improve linkages between the Port facilities and intermodal transportation routes. Policy 6.1.1 The Port of Ft. Pierce, working with other governmental bodies, private interests, and other interested parties, should limit increased traffic congestion in the Port Planning Area and on roadways adjacent to the Port Planning Area consistent with the adopted levels of service in the Comprehensive Plan of the appropriate local general purpose government. Policy 6.1.2 The Port of Ft. Pierce should enhance and expand activities that tie the pPort to the St. Lucie County Airport and coordinate with the Florida Department of Community Affairs (DCA), the Governor's Office of Tourism, Trade, and Economic Development (OTTED), Florida Department of Transportation (FDOT) and the Florida East Coast (FEC) Railroad, Tri-rail and other possible rail service, in order to encourage multimodal development, maximize intermodal transportation connections, and facilitate the continued economic growth, development, and vitality of St. Lucie County. Beginning in December 2003 and continuing annually thereafter, the Port of Ft. Pierce shall prepare a State of the Ports Report to demonstrate to the public how activities of both facilities are furthering the quality of life of St. Lucie County residents. Underline is for addition CtF::..c, T~;c...c,% is for deletion Ordinance #02-014C Page 28 Final PRINT DATE: 10/12/02 1 2 3 4 5 6 Policy 6.1.3 The Port of Ft. Pierce, working with other governmental bodies, should facilitate expansion of public transit to and from the Port Planning Area. Underline is for addition Ct;',:;;, ,"~,,7c~,~,~ is for deretion Ordinance #02-014C Page 29 Final PRINT DATE: 10/12/02 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1§ 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Goal 7 Navigation Channels Navigation channels serving the port's maritime and recreational activities shall meet existing and limited future needs as outlined in this plan. Objective 7.1 The Port of R. Pierce shall maintain the maximum channel depth at 28 feet with its current width as identified on the Army Corps of Engineers' Project Condition Survey dated August 2001 (attached as Figure H ). Policy 7.1.1 The Port of Ft. Pierce shall coordinate with the U.S. Army Corps of Engineers and the Florida Inland Navigation District to provide for the maintenance of the navigation channels, including location of spoil disposal sites. Policy 7.1.2 The Port of Ft. Pierce shall coordinate with the U.S. Coast Guard in the placement and maintenance of the navigational aids within the port area. Policy 7.1.3 The Port of Ft. Pierce, working with other governmental bodies, the private sector, and other interested parties, will, by January 2006, identify, acquire (if necessary) and permit a permanent spoil disposal site for materials dredged from The Port Planning Area. Objective 7.2 The Port of R. Pierce shall seek to improve the condition of Taylor Creek from the S-50 Spillway to the Intercoastal Waterway through maintenance dredging and water quality improvement projects. UndeHine is for addition ~,~=,,;c ,,,;c,;;~,, is for deletion Ordinance #02-014C Page 30 Final PRINT DATE:10/12/02 1 2 3 4 5 6 7 8 Policy 7.2.1 The Port of Ft. Pierce shall request that St. Lucie County include as part of its Capital improvements Programs funding for the restoration and improvement of Taylor Creek through maintenance dredging and water quality improvement projects to supplement funds received from other agencies. Underline is for addition C:r'.'.;;, .'~..;c,;;~ is for deletion Ordinance #02-014C Page 31 Final PRINT DATE: 10/12/02 OR BOOK 1623 PAGE 72 J! / / / / _1 // \ . P ierce ...~oortareapropertyplans_bw,dgn 11/22/2002 02:34:09 PM