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Home My WebLink About21-043 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4973375 12/30/2021 10:01:17 AM OR BOOK 4747 PAGE 2732-2735 Doc Type:ORDN ORDINANCE NO. 2021-43 RECORDING: $35.50 FILE NO. TCP-8202126110 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE AMENDMENT OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN TO ADD A NEW ELEMENT ENTITILED "PROPERTY RIGHTS" PURSUANT TO CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION; PROVIDING FOR FILING WITH THE STATE LAND PLANNING AGENCY, PROVIDING AN EFFECTIVE DATE; PROVIDNG FOR ADOPTION WHEREAS, the County initiated comprehensive plan text amendment, proposes to include a new element entitled "Property Rights" as required by House Bill 59 and as outlined in Exhibit "A"; and WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 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 of St. Lucie County, 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 amendment to the adopted Comprehensive Plan of St. Lucie County. 3. On September 16, 2021 , the St. Lucie County Planning and Zoning Commission acting as the Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie News Tribune, and recommended approval of the proposed amendment to the Board of County Commissioners. 4. On October 5, 2021, 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 December 7, 2021, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing, of which due notice was placed in the St. Lucie News Tribune, and approved the adoption of the amendments to the Comprehensive Plan. Ordinance No.2021-43 File No. TCP-8202126110 Page 1 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. ADOPTION OF THE AMENDMENTS The Board of County Commissioners does hereby adopt the amendments to the St. Lucie County Comprehensive Plan, attached herein as Exhibit A. B. CHANGES TO THE COMPREHENSIVE PLAN The Board of County Commissioners does hereby state its intention to amend the St. Lucie County Comprehensive Plan proposes to include a new element entitled "Property Rights" as required by House Bill 59 and as outlined in Exhibit A. 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 the Ordinance are hereby superseded by this Ordinance to the extent of such conflict. 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 provisions thereof shall be held to be inapplicable for any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. E. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable as stated in Paragraphs A and B. F. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of the Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. G. FILING WITH THE STATE LAND PLANNING AGENCY The Planning and Development Services Director shall send a certified copy of the Ordinance to the Department of Economic Opportunity, Community Planning and Development Programs, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4120. Ordinance No.2021-43 File No.TCP-8202126110 Page 2 H. EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after the adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10), Florida Statues. I. ADOPTION. After motion and second, the vote on this Ordinance was as follows: Sean Mitchell, Chair AYE Frannie Hutchinson, Vice Chair AYE Chris Dzadovsky, Chair AYE Linda Bartz, Commissioner ABSENT Cathy Townsend, Commissioner AYE PASSED AND DULY ENACTED this 7 day of December 2021. Attest: Board of County Commissioners St. Lucie County, Florida . ,A.A 1. 4 •49 By: P 92..�1 .. Deputy Cler CJ *<s Chair 0 407 p Approved To Form and �� # Correctness: 00"wrr,Fuol' By: County Attorne Ordinance No.2021-43 File No. TCP-8202126110 Page 3 Exhibit "A" PROPERY RIGHTS ELEMENT GOALS, OBJECTIVES AND POLICIES Goal 14.1: The County shall make all local decisions with respect for property rights and with respect for people's rights to participate in decisions that affect their lives and property. Objective 14.1.1: The County will respect judicially acknowledged and constitutionally protected private property rights. Policy 14.1.1.1 -The County will consider in its decision-making the right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. Policy 14.1.1.2—The County will consider in its decision-making the right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances, Policy 14.1.1.3 — The County will consider in its decision-making the right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. Policy 14.1.1.4—The County will consider in its decision-making the right of a property owner to disposes of his and her property through sales or gift. Ordinance No. 2021-43 File No.TCP-8202126110 Page 4 FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State December 22, 2021 Ms. Michelle R. Miller Clerk&Comptroller �t` `i` St. Lucie County 2300 Virginia Avenue GEC 2 3 2021 Fort Pierce, Florida 34982 Attn: Vera Smith COUNTYATl U#'i`'EY 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. 21-43,which was filed in this office on December 22, 2021. Sincerely, Anya Owens Program Administrator AO/lb Rvyks R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270