HomeMy WebLinkAbout16-019JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4263658 01!04/2017 08:37:22 AM
OR BOOK 3949 PAGE 1382 -1385 Doc Type: ORDN
RECORDING: $35.50
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1 I ORDINANCE No. 2016-19
2 FILE NO.: TLDC-320165003
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4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
5 LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND
6 DEVELOPMENT CODE, SECTION 4.02.05 RIVER PARK — COMMUNITY
7 OVERLAY ZONE — USE LIMITATIONS, AND CREATING SECTION 4.02.06 —
8 GASOLINE AND OTHER FUEL SALES AND SERVICES; PROVIDING FOR
9 CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING
10 FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF
11 STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION;
12 AND PROVIDING FOR CODIFICATION.
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14 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) based on
15 the testimony and evidence, including but not limited to the staff report, has made the following
16 determinations:
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18 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida,
19 adopted the St. Lucie County Land Development Code.
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21 2. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish, coordinate
22 and enforce zoning and such business regulations as are necessary for the protection of
23 the public; and,
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25 3. This Board is authorized by 125.01(1)(t), Florida Statutes, to adopt ordinances and
26 resolutions necessary for the exercise of its powers and to prescribe fines and penalties
27 for the violations of ordinances in accordance with law.
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29 3. On October 20, 2016, the Local Planning Agency/ Planning and Zoning Commission held
30 a public hearing on the proposed ordinance after publishing due notice in the St. Lucie
31 News Tribune and recommended that the proposed ordinance be forwarded with a
32 recommendation for denial.
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34 4. On November 15, 2016, this Board continued the first public hearing on the proposed
35 ordinance to a date certain of December 5, 2016, after publishing due notice in the St.
36 Lucie News Tribune.
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38 5. On December 5, 2016, this Board held the first public hearing on the proposed ordinance.
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40 6. On December 20, 2016, this Board held its second public hearing on the proposed
41 ordinance, after publishing due notice in the St. Lucie News Tribune.
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43 7. The proposed amendments to the St. Lucie County Land Development Code are
44 consistent with the general purpose, goals, objectives and standards of the St. Lucie
45 County Comprehensive Plan, are internally consistent with the remainder of the Land
46 Development Code and are in the best interest of the health safety and public welfare of
47 the citizens of St. Lucie County, Florida.
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Ordinance No. 2016-19
File No.: TLDC-320165003
Page 2
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County,
Florida:
PART A.
THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE
ARE TO READ AS FOLLOWS:
4.02.00. - RIVER PARK—COMMUNITY OVERLAY ZONE
4.02.01. – 4.02.04 <unchanged>
4.02.05. - Use Limitations.
The following uses shall be specifically prohibited, regardless of zoning classification, within the
River Park Community Overlay Zone.
A Eating and drinking planes;
R Gasoline and other fuel solos and coniines•
G.A. Drive-in Facilities.
4.02.06 – Eating and drinking places; Gasoline and other fuel sales services. These uses shall be
allowed at intersection zones with the required PNRD zoning.
PART B. 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 this ordinance are hereby
superseded by this ordinance to the extent of such conflict.
PART C. 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
provision thereof shall be held to be inapplicable to any person, property, or circumstance, such
holding shall not affect its applicability to any other person, property, or circumstance.
PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
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Ordinance No. 2016-19
File No.: TLDC-320165003
Page 3
PART E. FILING WITH THE DEPARTMENT OF STATE.
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The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART F. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
PART G. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chris Dzadovsky, Chair
Nay
Todd Mowery, Vice -Chair
Aye
Frannie Hutchinson, Commissioner
Aye
Linda Bartz, Commissioner
Aye
Cathy Townsend, Commissioner
Aye
PART H. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws,
and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the
sections of this ordinance may be renumbered or relettered to accomplish such intention; provided,
however, that Parts B through H shall not be codified.
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PASSED AND DULY ENACTED this 20th day of December, 2016.
Attest:
Ordinance No. 2016-19
File No.: TLDC-320165003
Page 4
Board of County Commissioners
St. Lucie County, Florida
Approved As To Form and
Correctness:
By:
RICK SCOTT KEN DETZNER
Governor Secretary of State
January 3, 2017
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Melissa Upton
Dear Mr. Smith:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 2016-19, which was filed in this office on January 3,
2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us