1 | The Local Government Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to the Ponte Vedra Zoning District, St. |
7 | Johns County; codifying, amending, reenacting, and |
8 | repealing special acts relating to the district; providing |
9 | boundaries; providing for continued merger of the Ponte |
10 | Vedra Zoning Board and the Ponte Vedra Board of Adjustment |
11 | into the Ponte Vedra Zoning and Adjustment Board appointed |
12 | by the St. Johns County Board of County Commissioners from |
13 | residents and electors of the district; providing for |
14 | membership of the Ponte Vedra Zoning and Adjustment Board; |
15 | providing for the powers, functions, and duties of the |
16 | board; providing that the board in place of the local |
17 | planning agency established pursuant to chapter 163, F.S., |
18 | shall have the authority to make recommendations to the |
19 | board of county commissioners in certain circumstances |
20 | within the district; providing a location for hearings of |
21 | the board; providing for funding; providing for frequency |
22 | and calling of meetings by the board; providing |
23 | severability; repealing chapters 65-2171 and 95-527, Laws |
24 | of Florida; providing an effective date. |
25 |
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26 | Be It Enacted by the Legislature of the State of Florida: |
27 |
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28 | Section 1. Pursuant to section 189.429(1), Florida |
29 | Statutes, this act constitutes the codification of all special |
30 | acts relating to the Ponte Vedra Zoning District. It is the |
31 | intent of the Legislature in enacting this law to provide a |
32 | single, comprehensive special act charter for the district, |
33 | including all current legislative authority granted to the |
34 | district by its prior legislative enactment and any additional |
35 | authority granted by this act. It is further the intent of this |
36 | act to preserve all district powers and authority as set forth |
37 | herein. |
38 | Section 2. Chapters 65-2171 and 95-527, Laws of Florida, |
39 | are codified, reenacted, amended, and repealed as herein |
40 | provided. |
41 | Section 3. The charter for the Ponte Vedra Zoning District |
42 | is re-created and reenacted to read: |
43 | Section 1. For the purpose of promoting health, safety, |
44 | morals, or the general welfare of the people of the Ponte Vedra |
45 | Zoning District, a dependent district, the Board of County |
46 | Commissioners of St. Johns County is hereby empowered within |
47 | said district to regulate and restrict the height, number of |
48 | stories, and size of buildings and other structures and uses of |
49 | land and water; the percentage of lots that may be occupied; the |
50 | size of yards, courts, and other open spaces; building density; |
51 | and the use of buildings and land for trade, industry, and |
52 | residence or other specific use and to adopt zoning regulations |
53 | and other matters proper to be regulated to safeguard the |
54 | safety, health, and welfare of the people in said district. For |
55 | any and all of said purposes, the Board of County Commissioners |
56 | of St. Johns County may regulate and restrict the erection, |
57 | construction, reconstruction, alteration, repair, or use of |
58 | buildings and structures on land and water. |
59 | Section 2. Such regulations shall be made in accordance |
60 | with the St. Johns County Comprehensive Plan and designed to |
61 | lessen congestion on the highways; to secure safety from fire, |
62 | panic, and other dangers; to promote health and general welfare; |
63 | to provide adequate light and air; to prevent the overcrowding |
64 | of land and water; to avoid undue concentration of population; |
65 | and to preserve and facilitate the development and display of |
66 | the natural beauty and attractiveness of roadsides. Such |
67 | regulations shall be made with reasonable consideration, among |
68 | other things, of the character of said district and its peculiar |
69 | suitability for particular uses and with a view to conserving |
70 | the value of property and encouraging the most appropriate use |
71 | of land and water throughout such district. |
72 | Section 3. The boundaries of the Ponte Vedra Zoning |
73 | District as established in 1965 shall continue uninterrupted and |
74 | are: |
75 |
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76 | Commence at the intersection of the high water line of |
77 | the Atlantic Ocean with the North line of Section 15, |
78 | Township 3 South, Range 29 East, St. Johns County, |
79 | Florida, said North line of Section 15 being also the |
80 | Northerly boundary of St. Johns County, for the Point |
81 | of Beginning; thence Westerly along the North Line of |
82 | Section 15 to the Northwest corner of Section 15; |
83 | thence continue Westerly along the North Line of |
84 | Section 16, Township 3 South, Range 29 East to the |
85 | Northwest corner of Government Lot 1 of said Section |
86 | 16; thence Southerly along the West line of Government |
87 | Lots 1, 8, 9 and 16 of Section 16 to a point on the |
88 | South line of said Section 16; thence continue |
89 | Southerly along the West line of Government Lots 1, 7 |
90 | and 8 of Section 21, Township 3 South, Range 29 East |
91 | to the Southwest corner of said Government Lot 8; |
92 | thence Easterly along the South line of said |
93 | Government Lot 8 to a point 500 feet West of the |
94 | Southeast corner of said Government Lot 8; thence |
95 | Southerly along a line parallel to and 500 feet West |
96 | of the East line of Government Lot 12, Section 21 to a |
97 | point on the South line of Section 21 ; thence |
98 | continue Southerly along a line parallel to and 500 |
99 | feet West of the East line of Government Lot 1, |
100 | Section 28, Township 3 South, Range 29 East to a point |
101 | on the South line of said Government Lot 1; thence |
102 | Easterly along the South line of said Government Lot 1 |
103 | to a point on the East line of Section 28, said line |
104 | being also the West line of Section 27; thence |
105 | Southerly along the West line of Government Lots 4 and |
106 | 8, Section 27, Township 3 South, Range 29 East to the |
107 | Southwest corner of said Government Lot 8; thence |
108 | Easterly along the South line of Government Lots 8 and |
109 | 7, Section 27 to a point on the West line of Section |
110 | 43, Township 3 South, Range 29 East; thence Northerly |
111 | along the West line of said Section 43 to the |
112 | Northwest corner of Section 43; thence Easterly along |
113 | the North line of Section 43 to a point on the East |
114 | edge of existing marsh land, said point being |
115 | approximately 200 feet West of the West right-of-way |
116 | line of State Road A-1-A (as established in 1965); |
117 | thence Southerly following the East edge of existing |
118 | marsh land when said East edge is 150 feet or more |
119 | West of the center line of State Road A-l-A (as |
120 | established in 1965) and following a line parallel to |
121 | and 150 feet West of the center line of State Road A- |
122 | l-A (as established in 1965) when the East edge of |
123 | existing marsh land is nearer than 150 feet to the |
124 | center line of State Road A-l-A (as established in |
125 | 1965), to a point on the South line of Section 36, |
126 | Township 4 South, Range 29 East, St. Johns County, |
127 | Florida; thence Easterly along the South line of said |
128 | Section 36, Township 4 South, Range 29 East to a point |
129 | on the high water line of the Atlantic Ocean; thence |
130 | Northerly along the meanders of the high water line of |
131 | the Atlantic Ocean to a point on the North line of |
132 | Section 15, Township 3 South, Range 29 East, St. Johns |
133 | County, Florida and the Point of Beginning. |
134 |
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135 | Section 4. The Board of County Commissioners of St. Johns |
136 | County shall provide for the manner in which such regulations |
137 | shall be determined, established, and enforced, and from time to |
138 | time amended, supplemented, or changed. However, no such |
139 | regulation or restriction shall become effective until after a |
140 | public hearing in relation thereto, at which parties in interest |
141 | and citizens shall have an opportunity to be heard. At least 15 |
142 | days' notice of the time and place of such hearing shall be |
143 | published in a paper of general circulation in St. Johns County. |
144 | Section 5. Such regulations may from time to time be |
145 | amended, supplemented, changed, modified, or repealed. In case, |
146 | however, of a protest against such change signed by the owner or |
147 | owners of 20 percent or more, either of the area of the property |
148 | included in such proposed change or that immediately adjacent in |
149 | the rear thereof extending 150 feet or more therefrom, or of |
150 | those directly opposite thereto extending 150 feet or more from |
151 | the street or road frontage of such opposite properties, such |
152 | amendment shall not become effective except by the favorable |
153 | vote of a super majority of all the voting members of the board |
154 | of county commissioners and upon its due consideration of a |
155 | recommendation made to the board of county commissioners by a |
156 | majority of all the members of the Ponte Vedra Zoning and |
157 | Adjustment Board. |
158 | Section 6. The prior establishment of the Ponte Vedra |
159 | Zoning and Adjustment Board and the abolishment of the Ponte |
160 | Vedra Zoning Board and the Ponte Vedra Board of Adjustment by |
161 | Resolution 95-135 of the St. Johns County Board of County |
162 | Commissioners are hereby ratified and reaffirmed. |
163 | Section 7. The members of the Ponte Vedra Zoning and |
164 | Adjustment Board shall be appointed, reappointed, or removed by |
165 | the Board of County Commissioners of St. Johns County as |
166 | necessary to maintain seven active members on the Ponte Vedra |
167 | Zoning and Adjustment Board. Only qualified electors domiciled |
168 | in the Ponte Vedra Zoning District shall be appointed to the |
169 | Ponte Vedra Zoning and Adjustment Board. |
170 | Section 8. Appointments to the Ponte Vedra Zoning and |
171 | Adjustment Board under section 7 shall be for 4-year terms, |
172 | unless a shorter term is required to enable the Board of County |
173 | Commissioners of St. Johns County to ensure that no more than |
174 | two scheduled terms expire in any given calendar year. No member |
175 | of the Ponte Vedra Zoning and Adjustment Board shall serve more |
176 | than two full consecutive terms. A member whose term has expired |
177 | shall be allowed to continue to serve until said member's |
178 | successor has been appointed and has commenced service on the |
179 | Ponte Vedra Zoning and Adjustment Board. Members shall serve at |
180 | the pleasure of the board of county commissioners. |
181 | Section 9. The Ponte Vedra Zoning and Adjustment Board may |
182 | as necessary adopt rules of procedure by which it shall carry |
183 | out its duties under this act, county ordinances, and the laws |
184 | and Constitutions of Florida and the United States of America. |
185 | Section 10. The Ponte Vedra Zoning and Adjustment Board |
186 | created pursuant to this act shall not be a local planning |
187 | agency or land development regulation commission as referenced |
188 | in chapter 163, Florida Statutes, with the powers and duties |
189 | thereof except that, notwithstanding any provision of chapter |
190 | 163, Florida Statutes, the Ponte Vedra Zoning and Adjustment |
191 | Board, in place of the St. Johns County Local Planning Agency, |
192 | shall have authority to make recommendations to the board of |
193 | county commissioners as to whether land development of any |
194 | parcel of land located wholly within the Ponte Vedra Zoning |
195 | District is consistent with the St. Johns County Comprehensive |
196 | Plan. |
197 | Section 11. The powers, duties, and functions of the Ponte |
198 | Vedra Zoning and Adjustment Board shall also include the |
199 | following: |
200 | (1) Any land use decision, recommendation, or other action |
201 | that is made or taken by the St. Johns County Planning and |
202 | Zoning Agency for unified title parcels of land located wholly |
203 | outside the Ponte Vedra Zoning District shall be made by the |
204 | Ponte Vedra Zoning and Adjustment Board for such parcels of land |
205 | located wholly within the Ponte Vedra Zoning District, except as |
206 | otherwise provided for in this act or by provisions of the Ponte |
207 | Vedra Zoning District Regulations, as amended from time to time, |
208 | provided that: |
209 | (a) Such decisions and actions shall be made by both the |
210 | planning and zoning agency and the Ponte Vedra Zoning and |
211 | Adjustment Board for parcels of land portions of which are |
212 | concurrently located in both of these areas, with |
213 | inconsistencies to be resolved by the board of county |
214 | commissioners; and |
215 | (b) The Ponte Vedra Zoning and Adjustment Board shall in |
216 | no case be vested by county ordinance with less authority than |
217 | that held by the planning and zoning agency in regards to lands |
218 | under their respective jurisdictions. |
219 | (2) Such other powers or duties granted by county |
220 | ordinances or resolutions. |
221 | Section 12. All quasi-judicial hearings of the Ponte Vedra |
222 | Zoning and Adjustment Board shall be held in the county seat at |
223 | a location designated by the county administrator. |
224 | Section 13. The Ponte Vedra Zoning and Adjustment Board |
225 | shall be provided with reasonably necessary staff support and |
226 | funding by St. Johns County. |
227 | Section 14. The Ponte Vedra Zoning and Adjustment Board |
228 | shall hold regular monthly meetings and may hold other meetings |
229 | at such other times as the Ponte Vedra Zoning and Adjustment |
230 | Board may determine. The chairperson, or in his or her absence |
231 | the vice chairperson or acting chairperson, of the Ponte Vedra |
232 | Zoning and Adjustment Board may administer oaths and compel |
233 | attendance of witnesses and production of evidence by subpoenas |
234 | which may be served by the sheriff of the county. All meetings |
235 | of the Ponte Vedra Zoning and Adjustment Board shall be open to |
236 | the public. The Ponte Vedra Zoning and Adjustment Board shall |
237 | keep minutes of its proceedings. |
238 | Section 15. All appeals of all final actions by the Ponte |
239 | Vedra Zoning and Adjustment Board shall be heard by the Board of |
240 | County Commissioners of St. Johns County in a de novo hearing. |
241 | However, the record of the hearing of the same case before the |
242 | Ponte Vedra Zoning and Adjustment Board shall be accepted into |
243 | evidence on appeal subject to ruling by the board of county |
244 | commissioners on proper objection to particular portions |
245 | thereof. Such appeals shall only be heard if a substantially |
246 | affected party files a notice of appeal with both the Ponte |
247 | Vedra Zoning and Adjustment Board and the board of county |
248 | commissioners within 30 days after the final action by the Ponte |
249 | Vedra Zoning and Adjustment Board on the matter that is to be |
250 | appealed. |
251 | Section 16. The concurring vote of a majority of the total |
252 | membership of the Ponte Vedra Zoning and Adjustment Board shall |
253 | be necessary to take any official action other than to continue |
254 | or adjourn a meeting or hearing, except as provided herein. |
255 | Section 17. Dissolution of the Ponte Vedra Zoning District |
256 | or dissolution, merger, absorption, or termination of the Ponte |
257 | Vedra Zoning and Adjustment Board may not be enacted except |
258 | through a specific act of the Legislature. |
259 | Section 18. In case any building or structure is erected, |
260 | constructed, reconstructed, altered, repaired, converted, or |
261 | maintained or any building or structure on land or water is used |
262 | in violation of this act or of any order or resolution or other |
263 | regulation made under authority conferred hereby, the proper |
264 | local authorities of said county, including the county or state |
265 | prosecutor, and any citizen residing in said district, in |
266 | addition to other remedies, and after seeking voluntary |
267 | compliance, may institute any appropriate action or proceeding |
268 | to prevent such unlawful erection, construction, reconstruction, |
269 | alteration, repair, conversion, maintenance, or use, to |
270 | restrain, correct, or abate such violation to prevent the |
271 | occupancy of said building structure on land or water or to |
272 | prevent any illegal act, conduct, business, or use in or about |
273 | such premises. |
274 | Section 19. It is declared to be the intent of the |
275 | Legislature that if any section, subsection, sentence, clause, |
276 | phrase, or portion of this act is held invalid or |
277 | unconstitutional for any reason, by any court of competent |
278 | jurisdiction, such holding shall not affect the validity of the |
279 | remaining portions hereof, or if this act or any provision |
280 | thereof is held to be inapplicable to any person, group of |
281 | persons, property, kind of property, circumstances, or set of |
282 | circumstances, such holding shall not affect the applicability |
283 | thereof to any other person, property, or circumstances. |
284 | Section 20. The Board of County Commissioners of St. Johns |
285 | County is hereby authorized to appropriate and pay out of the |
286 | general fund of said county annually such sum as may be |
287 | necessary for the purpose of defraying the expenses of zoning |
288 | said district and administering the provisions of this act. |
289 | Section 21. All provisions of this act and ordinances |
290 | promulgated hereunder may be enforced by the county in |
291 | accordance with the provisions of chapter 162, Florida Statutes, |
292 | and any other applicable provisions of law. |
293 | Section 4. Chapters 65-2171 and 95-527, Laws of Florida, |
294 | are repealed. |
295 | Section 5. This act shall take effect upon becoming a law. |