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HomeMy WebLinkAbout22-022 ORDINANCE No. 2022-22 FILE NO.: TCP-2205-000012 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE AMENDMENT OF ST. LUCIE COUNTY COMPREHENSIVE PLAN RECREATION ELEMENT TO INCORPORATE THE 10 YEAR PARKS AND RECREATION MASTER PLAN; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; 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 May 19, 2022, 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 June 7, 2022, 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 August 9, 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 approved the adoption of the amendments to the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY ILE# 5085687 08118/2022 11:44.50 AM DR BOOK 4875 PAGE 1609-1614 Doc Type:ORDN Ordinance No. 2022-22 ;RECORDING: $52.50 Page 1 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 Recreation Element Policy to incorporate the 10 Year Parks and Recreation Master Plan, adopted by the Board of County Commissioners on January 11, 2022. 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.2022-22 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, Commissioner AYE Linda Bartz, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ENACTED this 9th day of August, 2022. Attest: Board of County Commissioners St. Lucie County, Florida By: Deputy Cler 0pJ • itp Chair • Z r � Approved As to Form and 0 �' Correctness: a41HTr FIORNC5r By: County Attor ey Ordinance No. 2022-22 Page 3 Exhibit "A" RECREATION ELEMENT GOALS, OBJECTIVES AND POLICIES Goal 7.1: Provide adequate parks, recreation facilities and open-space areas that offer a broad range of activities to all citizens and visitors of St. Lucie County. Objective 7.1.1: Active and passive recreation facilities and open-space areas for the residents and visitors of St. Lucie County shall be provided in a manner consistent with the Level of Service Standards set forth in this element. Consistency with these standards shall be maintained in subsequent years. Policy 7.1.1.1 - Level of Service for Recreation and Open Space shall be as follows: a. Community parks: 5 acres/1000 residents in the unincorporated area b. Regional parks: 2.5 acres/1000 population countywide c. Resource-based Parks: 21.2 acres/1000 population countywide. Policy 7.1.1.2 — St. Lucie County shall expand and improve recreational facilities consistent with the needs and recommended strategies identified in the Parks and Recreation 10 Year Master Plan, dated and approved by the Board of County Commissioners on January 11, 2022. The County shall Accept and achieve the Level of Service Standards as set forth in this Element and the Capital Improvements Elements, through an equitable and systematic land acquisition and development program. Policy 7.1.1.3 - The County will continue to correct and improve upon existing deficiencies through additional land acquisition and development, and through expansion or renovation of existing parks and recreational facilities. Policy 7.1.1.4 - All areas having the Conservation Public Land Use designation will be used solely for preservation and/or passive recreation. No residential or commercial development will be permitted other than development typically related to park service and security functions. Objective 7.1.2: Through the use of public funds, gifts, contributions, mandatory fees and/or deductions, cooperative agreements, or other means, St. Lucie County will coordinate public and private resources to meet the recreation and open space needs of its residents and visitors. Policy 7.1.2.1 - The County shall pursue development and enhancement of its recreational programs, facilities, open spaces, and natural preserves in the following programs: a. Continue to administer the countywide parks impact fee in order to partially fund new park development. b. Supplement facility needs through interlocal agreements, operational practices, user fees and public/private cooperative efforts. c. Utilization of municipal service taxing unit (MSTU) funds. d. Loans and bonds approved by referendum or by the Board of County Commissioners. Ordinance No.2022-22 Page 4 Policy 7.1.2.2 - The County shall continue to work with other units of local government to provide for the reciprocal use of recreation, school and other facilities, while ensuring neither party assumes an inequitable burden of expenses. Policy 7.1.2.3 -The County shall allow, to the extent legally possible, financially feasible. and whenever practical, other governmental agencies. such as the St. Lucie County School Board, to use the St. Lucie County Sports Complex. Policy 7.1.2.4 - The County shall maintain a detailed Recreation and Open Space Inventory that indicates the general location of existing and proposed sites and facilities as well as functional classification. nature of improvements, usage, size, priority. and other appropriate considerations. Objective 7.1.3: St. Lucie County shall provide vehicular and pedestrian access to all public recreation facilities, including barrier-free design features at entrance points to facilities such as buildings used for group assembly, spectator seating areas, and beaches and shores. Policy 7.1.3.1 - Acquire and develop easements or rights-of-way as required to provide adequate access for public recreation facilities. Construct access ways which are compatible with the character and needs of the facility, as well as being harmonious with surrounding development patterns. Policy 7.1.3.2 - Continue to provide public access to Atlantic Ocean beaches. and continue to give careful consideration to providing related parking areas and dune cross-over facilities without disturbance to the dune environment, natural habitats, and designated areas of particular concern. Policy 7.1.3.3 - To the extent financially feasible, implement the policies advanced in the adopted Bicycle, Pedestrian. Greenways & Trailways Master Plan, as it may be amended, to promote non-motorized access and connectivity to recreational facilities. Objective 7.1.4: To the extent financially feasible, implement and update the vision of the January 2022 Parks & Recreation March 200 Master Plan. Policy 7.1.4.1 - Continue to assess the County's recreational needs based on the Level of Service Standards in this Comprehensive Plan. Policy 7.1.4.2 - Continue to seek funding for acquisition, expansion, and development of recreational infrastructure, with an emphasis and focus on Community and Regional Parks. Objective 7.1.5: Develop and implement strategies to encourage eco-tourism in St. Lucie County. Policy 7.1.5.1 - Identify appropriate and sustainable sites to develop as eco-tourism destinations and passive recreational opportunities. Policy 7.1.5.2 - Provide required infrastructure to attract visitors to and protect eco-tourism destinations. Policy 7.1.5.3 - In conjunction with the County's Tourist Development Office; publicize the improved eco-tourism sites and St. Lucie County as an eco-tourism destination. Ordinance No. 2022-22 Page 5 Objective 7.1.6: Continue to preserve and enhance Environmentally Sensitive Lands in St. Lucie County. Policy 7.1.6.1 - Encourage the State of Florida to provide future funding for acquisition and management of Environmentally Sensitive Lands. Policy 7.1.6.2 - Seek funding from outside sources for acquisition. improvement and management of Environmentally Sensitive Lands. Policy 7.1.6.3 - To the extent financially feasible. budget for personnel and equipment for management of Environmentally Sensitive Lands to ensure that these lands are preserved, enhanced, and developed for access and uses that will maintain wildlife habitat. open space, aesthetic value, and passive recreation. Policy 7.1.6.4 - As financially feasible, provide educational programs that foster awareness. understanding, and respect for natural resources. Objective 7.1.7: Provide for an integrated system of Greenways and Trails in St. Lucie County. Policy 7.1.7.1 - To the extent financially feasible, implement the goals, objectives, and policies advanced in the Bicycle, Pedestrian, Greenways and Trails Master Plan for St. Lucie County. Policy 7.1.7.2 - Seek funding from outside sources for development and management of greenways and trails. Objective 7.1.8: The County shall protect environmentally significant areas with emphasis on native upland habitats, and the prevention of the net loss of listed species and their habitats. This shall be accomplished through the County Environmental Significant Lands Acquisition program, ongoing natural resource protection programs and the implementation of Land Development Code, including impact fees. Ordinance No. 2022-22 Page 6 RON DESANTIS CORD BYRD Governor Secretary of State August 17, 2022 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Vera Smith Dear Michelle 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. 2022-22, which was filed in this office on August 17, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270