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HomeMy WebLinkAbout20-005ORDINANCE NO. 2020-005 FILE NO: TLDC-11201925636 AN ORDINANCE OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 6.05.00 — FLOODPLAIN MANAGEMENT TO UPDATE THE FLOOD INSURANCE RATE MAPS; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, Section 125.01, Florida Statutes, authorizes the Board of County Commissioners to establish programs providing for the health, safety and general welfare of the residents of St. Lucie County; and, WHEREAS, St. Lucie County participates in the National Flood Insurance Program and the St. Lucie County Board of County Commissioners desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, the Federal Emergency Management Agency has revised and reissued the Flood Insurance Study for St. Lucie County, Florida and Incorporated Area, with an effective date of February 19, 2020; and WHEREAS, the St. Lucie County Board of County Commissioners has determined that it is in the public interest to amend the Land Development Code, Chapter VI — Resource Protection Standards, Section 6.05.00 — Floodplain Management, to identify the effective date of the revised Flood Insurance Study and Flood Insurance Rate Maps. 1. On January 9, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Comprehensive Plan. 2. The Board of County Commissioners as the governing body of St. Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida Statues, is authorized and empowered to consider amendments to the adopted Comprehensive Plan of St. Lucie County. 3. On November 21, 2019, the St. Lucie County Planning and Zoning acting as the Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie 1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4674245 02/13/2020 11:09:35 AM Added language Is underlined. OR BOOK 4382 PAGE 1150- 1153 Doc Type:ORDN Deleted language is struck rhF9ygI4 RECORDING: $35.50 News Tribune, and recommended approval/denial of the proposed amendment to the Board of County Commissioners. 4. On December 3, 2019, the Board of County Commissioners of St. Lucie County, Florida held the first of two required public hearing, of which due notice was placed in the St. Lucie News Tribune and approved transmittal to the Department of Economic Opportunity division of Community Planning. 5. On February 4, 2020, the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed on the St. Lucie News Tribune, and deemed the adoption of the amendments to the Comprehensive Plan NOW, THEREFORE, BE IT ORDAINED by the St. Lucie County Board of County Commissioners that the following amendments is hereby adopted. PART A. CHAPTER VI — RESOURCE PROTECTION STANDARDS IS HEREBY AMENDED BY AMENDING SECTION 6.05.00 - FLOODPLAIN MANANEMENT AS FOLLOWS: Sec. 6-05.02.13 Basis for Establishing Flood Hazard Areas. The Flood Insurance Study for St. Lucie County, Florida and Incorporated Areas dated February 19, 2020 Fed-1b, �, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as part of this ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the Planning and Development Department located at 2300 Virginia Avenue, Fort Pierce, FL 34982. PART B. APPLICABILITY. For the purposes of jurisdictional applicability, this Ordinance shall apply in all unincorporated areas of St. Lucie County. This Ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance. PART C. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the St. Lucie County Board of County Commissioners that the provisions of the Ordinance shall become and be made a part of the St. Lucie County Land Development Code, and that the sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. 2 Added language is underlined. Deleted language is struck thFougI4. PART D. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of the District that the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. PART E 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 F. EFFECTIVE DATE. This Ordinance shall take effect upon filing of a certified copy of this Ordinance with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Cathy Townsend AYE Vice Chair Chris Dzadovsky AYE Commissioner Sean Mitchell AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE PART I. 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," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts E through J shall not be codified. 3 Added language is underlined. Deleted language is t49UgI4. UgI PASSED AND DULY ADOPTED this 4th day of February 4, 2020. ATTEST: �./� _ i�. -. Added language is underlined. Deleted language is stFu k threugl4. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: APPROVED AS TO FORM AND CORRECTNESS: County Attorn RON DESANTIS Governor February 12, 2020 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Alice Sennott Dear Mr. Smith: LAUREL M. LEE Secretary of State � �D�� (C D FEB 13 2020 COUNTYATTORNEY, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 20-005, which was fled in this office on February 12, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us