HB 0801

CS

CHAMBER ACTION

1	The Local Government Council recommends the following:
2
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
26	Be It Enacted by the Legislature of the State of Florida:
27
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39	are codified, reenacted, amended, and repealed as herein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
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
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.

CODING: Words stricken are deletions; words underlined are additions.