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HomeMy WebLinkAbout22-001 ORDINANCE No. 2022-01 FILE NO.: TCP-12201925651 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE ADOPTION OF A 38 20-YEAR WATER SUPPLY FACILITIES WORK PLAN PURSUANT TO SECTION 163.3177(6)(c), FLORIDA STATUTES; PROVIDING FOR THE ADOPTION OF THE AMENDMENTS AND CHANGES TO THE COMPREHENSIVE PLAN; 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; PROVIDING FOR ADOPTION. 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 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 June 18, 2020, 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 News Tribune, and recommended approval/denial of the proposed amendment to the Board of County Commissioners. 4. On July 7, 2020, 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 January 11, 2022, 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. 6. In November 2021, the South Florida Water Management District adopted the 2022 Upper East Coast Water Supply Plan ("WSP"), and pursuant to MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Ordinance NO. 2022-01 SAINT LUCIE COUNTY FILE/I 499504402116,20221207:07 PM H. No.TCP-12201902330 OR BOOK 4773 PAGE 2978-2984 Duo Type.ORDN Page 1 RECORDING' $61 00 Section 163-3177(6)(c), Florida Statutes, the Board of County Commissioners of St. Lucie County, Florida, is required to update its Water Supply Facilities Work Plan. 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 states its intention to amend the St. Lucie County Comprehensive Plan to update the 30-20-Year Water Supply Facilities Work Plan pursuant to Section 163.3177(6)(c), Florida Statutes. 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 Paragraph 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. Ordinance No. 2022-01 File No.TCP-12201902330 Page 2 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. 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, Commissioner AYE Linda Bartz, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ENACTED this 11th day of January 2022. Ordinance No. 2022-01 File No.TCP-12201902330 Page 3 Attest: Board of County Commissioners St. Lucie County, Florida ..A...if 6 id.. !, By: 004)--- 2)/Z(/4_41-6L.... Deputy CI_ ‘41 • "tit, Chair O * Lc- z Approved As To Form `6c, ' 0 and Correctness: l . ' xic--wrr,Fis0o' By: , County Attorn Ordinance No. 2022-01 File No. TCP-12201902330 Page 4 Exhibit "A" INFRASTRUCTURE ELEMENT GOALS, OBJECTIVES AND POLICIES POTABLE WATER SUBELEMENT Goal 4A.1: Provide needed public utilities in a manner that results in the most effective, environmentally sound, safe and economic potable water systems consistent with present demand and future growth requirements and that promotes orderly, compact urban growth. Objective 4A.1.1: The County shall provide potable water facilities that do not promote urban sprawl. Policy 4A.1.1.1 - The utility service areas, as delineated in the Water and Wastewater Capital Improvements Plan, will be determined on the basis of economy and efficient operation but will not promote linear or leapfrog development. The utility service areas shall be reviewed and updated every 5 years and shall not include those areas already being served by Fort Pierce Utility Authority or Port St. Lucie Utilities. Policy 4A.1.1.2 - The County Utility District will determine the most cost effective and efficient means of providing potable water services to all areas of the urban service area as depicted in Policy 1.1.5.1 in a manner that will not promote linear or leapfrog development consistent with Policy 1.1.5.2. The County Utility District will determine the most cost effective and efficient means of providing potable water services for all development approved by the County Commission within the unincorporated areas of the County outside the urban service area which approval is subject to the provision of central water service within such development. Policy 4A.1.1.3 - In order to discourage the proliferation of urban sprawl, as defined in Sections 163.3164 and 163.3177, Florida Statues, in the unincorporated areas of the County, no water or sewer utility companies shall be permitted to constructor install water or sewer facilities to serve or provide water or sewer utility service to new development within the unincorporated areas of the County without the consent of the County Commission. Policy 4A.1.1.4 - The County shall monitor and review the availability of potable water service from the various potential suppliers of such service to the unincorporated areas of the County through a Service Availability Report. Objective 4A.1.2 - The County shall implement procedures for ensuring that when a development permit is issued, pursuant to the then current Service Availability Report, adequate facility capacity is available or will be available to serve the development concurrent with the impacts, in order to meet the adopted LOS standards. Policy 4A.1.2.1 - All development will be specifically conditioned on the availability of services necessary to maintain LOS standards as adopted within this Comprehensive Plan. Policy 4A.1.2.2 - The LOS standard for those areas of the unincorporated County served by FPUA shall be 117 gpcd (FPUA Water Use Permit, 2007). Policy 4A.1.2.3 - The LOS standard for potable water systems other than those owned and operated by FPUA shall be permanent and seasonal residents - 100 gpcd. Policy 4A.1.2.4 - The County shall include in the annual Service Availability Report an update of all improvements, expansions, or increases in the capacities of facilities of the various potential suppliers of service to the unincorporated areas of the County to ensure compatibility with the established LOS standards for such facilities. Policy 4A.1.2.5 - The County shall prepare annual summaries of capacity and demand information for each facility of the various potential suppliers of service to the unincorporated areas of the County. Policy 4A1.2.6 - Development approved by the County Commission within the unincorporated area of the County requiring central potable water service will only be permitted when such development ties into existing potable water facilities of or makes provision for obtaining potable water service from the County Utility District, the Fort Pierce Utility Authority or the City of Port St. Lucie or other utility provider that has the consent of the County pursuant to Policy 4A.1.1.3 within their respective water utility service areas in accordance with the then in effect utility extension policy of the applicable potable water service provider. Policy 4A.1.2.7-The County shall require that developments of regional impact determine the available quantity and quality of water resources for treatment to potable water beneath the development; determine the effect of withdrawal on surrounding environment, users and potential users; and make such information available to the County. Objective 4A.1.3: The County will establish and maintain a five-year and twenty-year schedule of capital improvement needs for the public facilities in the recognized County service areas. Policy 4A.1.3.1 - The following public facility improvements within a facility type are to be considered in the following order of priority, as determined by the Board of County Commissioners: A. Replacement of obsolete or worn-out facilities, including repair, remodeling and renovation of facilities that contribute to achieving and/or maintaining levels of service. B. New facilities that reduce or eliminate existing deficiencies in levels of service. C. New facilities that provide the adopted levels of service for new growth during the next five fiscal years, as updated by the annual review of the Capital Improvements Element. D. Improvements to existing facilities, and new facilities that significantly reduce the operating cost of achieving and/or maintaining levels of service. E. New facilities that exceed the adopted levels of service for new growth during the next five fiscal years by either: 1. Providing excess public facility capacity that may be needed by future growth beyond the next five fiscal years, or 2. Providing higher quality public facilities that are contemplated in the County's normal design criteria for such facilities. F. Facilities not described in Subsections A through E, above, but which the County is obligated to complete, provided that such obligation is evidenced by a written agreement the County executed prior to July 31, 1990. G. All facilities scheduled for construction or improvement in accordance with this Policy shall be evaluated to identify any plans of State agencies or the South Florida Water Management District that affect, or will be affected by, the proposed capital improvement. H. Project evaluation may also involve additional criteria that are unique to each type of public facility, as described in other elements of this Comprehensive Plan. Policy 4A.1.3.2 - In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the Board of County Commissioners will schedule capital improvements to serve developments in the following order of priority: A. Previously approved orders permitting new development, B. New orders permitting redevelopment, and C. New orders permitting new development Objective 4A.1.4: The County shall take steps to ensure that entities in the unincorporated County are adequately served, and in order to protect our drinking water shall investigate needs for waste disposal other than septic tanks and sewage systems. Objective 4A.1.5: The County shall coordinate with the other potential providers of central potable water service within the unincorporated areas of the County so that the extension of, or increase in the capacity of, facilities to meet future potable water capacity is available when needed. Policy 4A.1.5.1 - Prior to issuance of a building permit, the County shall require that all applicants provide verification that water service can be provided in conformance with the policies in this plan and that adequate system capacity is available if a central system is to be utilized. Policy 4a.1.5.2: St. Lucie County hereby adopts by reference the Water Supply Facilities Work Plan 201-822(Work Plan)approved by Ordinance No. 2022-01 on January 11, 2022 for a planning period of not less than 10 years. The Work Plan addresses issues that pertain to water supply facilities and requirements needed to serve current and future development within the St. Lucie County water service area. The County shall review and update the Work Plan at lease every five (5) years within 18 months after the governing board of water management district approves an updated regional water supply plan. Any changes affecting the Work Plan shall be included in the annual Capital Improvements Element. RON DESANTIS LAUREL M. LEE Governor Secretary of State February 11, 2022 Ms. Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: 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. 2022-01, which was filed in this office on February 11, 2022. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270