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Home My WebLink About21-007 ORDINANCE NO. 21-07 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF ST. LUCIE COUNTY BY AMENDING CHAPTER 32, PUBLIC PROPERTY, TO CREATE ARTICLE VII, "AFFORDABLE HOUSING PROPERTY SALES AND LEASING STANDARDS AND PROCEDURES"TO ESTABLISH PROCEDURES FOR THE SALE OR LEASE OF COUNTY PROPERTY IDENTIFIED FOR AFFORDABLE HOUSING; CREATING SECTION 32-146, "PURPOSE"; CREATING SECTION 32-147, "COMPETITION AND QUALIFICATION STANDARDS"; CREATING SECTION 32-148, "BID/PROPOSAL WAIVER PROCEDURES"; CREATING SECTION 32-149, "NEGOTIATION PROCEDURES"; CREATING SECTION 32-150, "INFORMATION ON COUNTY PROPERTY IDENTIFIED FOR AFFORDABLE HOUSING"; CREATING SECTION 32-151, "CONSISTENCY WITH COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS"; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, Section 125.35, Florida Statutes, allows counties to prescribe by ordinance disposition standards and procedures for surplus real property; and WHEREAS, on July 18, 2002, the Board adopted Ordinance No. 02-18, which established procedures for the disposition of surplus County property; and WHEREAS, on May 3, 2011,the Board adopted Ordinance No. 11-014 which amended the procedures for disposal of surplus County property; and, WHEREAS, pursuant to Section 125.045, Florida Statutes, the sale or lease of County property for purposes of economic development has been determined to a public purpose; and, WHEREAS, Policy 3.1.1.3 of the St. Lucie County Comprehensive Plan provides that in order to facilitate the development of new commercial and industrial businesses, the County shall maintain sufficient housing to encourage the location of new businesses in the County; and, WHEREAS, pursuant to Section 125.379, Florida Statutes, each three years the Board adopts a list of County owned property which are suitable for development as affordable housing; and, WHEREAS, Section 125.379 further provides for the County to sell or otherwise provide for the development and use of property for permanent affordable housing subject to such terms as the Board may determine appropriate; and, MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4854189 04/27/2021 01:29:47 PM OR BOOK 4598 PAGE 2566-2570 Doc Type:ORDN RECORDING: $44.00 WHEREAS, it is appropriate for the Board of County Commissioners to amend Chapter 32 to provide for the sale or development through lease of surplus County property identified for affordable housing subject to such terms as the Board may determine appropriate. NOW,THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Chapter 32, "Public Property" of the Code of Ordinances of St. Lucie County, Florida, is amended to create Article VII, "Affordable Housing Property Disposition Standards and Procedures", as follows: ARTICLE VII. AFFORDABLE HOUSING PROPERTY DISPOSITION STANDARDS AND PROCEDURES. Sec. 32-146. Purpose. The purpose of developing affordable housing is to ensure the creation and/or preservation of affordable housing for all current and anticipated future residents of the jurisdiction, and households with special housing needs including rural and farmworker housing, workforce housing as well as adequate sites and distribution of housing for very-low-income, low-income and moderate-income households. Sec. 32-147. Competition and qualification standards. (1) In order to expand development of affordable housing, the board of county commissioners may either bid and award the sale of property identified as appropriate for affordable housing pursuant to Section 125.39, Florida Statutes, on a competitive sealed bid or proposal basis in accordance with the procedures set forth in Section 32-26; or determine to waive the process of obtaining competitive sealed bids or proposals and award the sale to another governmental entity, charitable institution, or for profit entity In accordance with the procedures set forth in Section 32-26. (2) In order to expand development of affordable housing, the board of county commissioners may either bid and award the lease of property identified as appropriate for affordable housing pursuant to Section 125.39, Florida Statutes, on a competitive sealed bid or proposal basis in accordance with the procedures set forth in Section 32-26; or determine to waive the process of obtaining competitive sealed bids or proposals and award the lease to another governmental entity, charitable institution, or for profit entity under such terms and conditions as may be negotiated by the County Administrator or designee. Sec. 32-148. - Bid/proposal waiver procedure. In the event the board determines to consider waiving the competitive bid or proposal process, the board shall: 2 (1) Publish a notice in a newspaper of general circulation in the county at least ten days before the board's regular meeting at which the bid or proposal waiver will be considered. The notice shall identify the nature of the proposed bid or proposal waiver and shall identify the county office where copies of the draft resolution providing for the bid or proposal waiver may be reviewed or obtained. The notice shall also provide the time and manner for persons making objections in writing or otherwise. (2) Consider the proposed waiver as a regular (non-consent) agenda item at a regularly scheduled board meeting. Although the item is not a public hearing, interested members of the public may comment on the item during general public comment or at the time the item is presented. (3) Adopt a resolution specifying the basis for the competitive bid waiver in the event the board determines to grant the waiver. Sec. 32-149. Negotiation procedures. (1) In negotiating the terms and conditions of the disposal of surplus property, the county administrator or designee shall take into consideration the following factors: (a) The appraised value of the real property; (b) The condition of the real property, and the extent to which the party seeking to acquire the property will have to expend funds to make the property useable, or to bring the property into compliance with this Code; and (c) The proposed use of the party seeking to acquire the property. (2) In no event shall the disposition of surplus property violate the county comprehensive plan or the zoning regulations of the county. Sec. 32-150. Information on available county property. Information on property that is identified for affordable housing pursuant to Section 125.379, Florida Statutes, may be obtained from the county's housing manager. Sec. 32-151. Consistency with comprehensive plan and land development regulations. The lease of property for affordable housing pursuant to this Article must be consistent with the county's comprehensive plan and land development regulations. Sec. 32-152-155. Reserved. 3 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. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. 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 with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Chris Dzadovsky, Chair AYE Commissioner Sean Mitchell, Vice Chair AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend 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. 4 PASSED AND DULY ADOPTED this 20TH day of April 2021. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA i BY: Deputy Cler ,Xi CO4f4_ Chair 4 4* :ED m APPROVED AS TO FORM AND CORRECTNESS BY: V I%A County Attor 5 FLORIDA DEPARTMENT o TATE �-.a ... , ....-...e,. ..._-. ..,.e. a�... �._._._. ......m. RON DESANTIS LAUREL M. LEE Governor Secretary of State April 23, 2021 APR 2 6 2021 Ms. Michelle R. Miller Clerk & Comptroller COUNTYATM Niry St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Ms. Vera Smith Dear Ms. Miller: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 21-07, which was filed in this office on April 23, 2021. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270