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Home My WebLink About16-023JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4350861 09/20/2017 10:08:56 AM OR BOOK 4042 PAGE 1903 - 1906 Doc Type: ORDN RECORDING: $35.50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance No. 2016-23 File No.: TLDC-820165056 Page 1 ORDINANCE 2016-23 FILE NO.: TLDC-820165056 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 7.02.00 PLANNED NON-RESIDENTIAL DEVELOMENT AND TABLE 7-10 LOT SIZE AND DIMENSIONAL REQUIREMENTS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 3. This Board is authorized by 125.01(1)(t), Florida Statutes, to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law. 4. Lucie County Planning and Development Services staff has performed the required land use analysis for this application, which can be found in the Planning and Development Services memorandum dated September 15, 2016, entitled "Text Amendment to the Land Development - Updating the PNRD Zoning District." 5. On September 15, 2016, the Local Planning Agency/ Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing due notice in the St. Lucie News Tribune and recommended that the proposed ordinance be forwarded with a recommendation for approval. 6. On October 4, 2016, this Board held its first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 7. On November 1, this Board held its second public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 8. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan, are internally consistent with the remainder of the Land Underline is for Addition `tr i(e Through is for Deletion Ordinance No. 2016-23 File No.: TLDC-820165056 Page 2 1 Development Code and are in the best interest of the health safety and public welfare of 2 the citizens of St. Lucie County, Florida. 3 4 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, 5 Florida: 6 7 PART A. 8 9 THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE 10 ARE TO READ AS FOLLOWS: 11 12 7.02.00. - PLANNED NON-RESIDENTIAL DEVELOPMENT 13 7.02.01. - 7.02.02. <no change> 14 7.02.03. - Standards and Requirements. 15 Standards and requirements for a Planned Non -Residential Development shall be as follows: 16 A. Minimum Size. <no change> 17 B. Dimensional Requirement& Minimum &FleRS'cinal Fequirernents shall be in aGGGpdanGe w44 18 Table 7.10 On Serutien 7.0-4.01, provided, however, that the Bealrd of GouRty Corn 1 4 - - - ay 19 Gendition approval of a Plallned NOR ResideRtial Development upon GGFnplianGe with rnGFe 20 StFiRgent or re6tFiGt've dimensional requirements in erder to ensure GOMpatibility with SUFFGundiRg 21 Iand uses, to mitigate *mp;-;r-,t n0ln the e-Invirenment and natuFal resouFGes, to ensure publiG safety 22 and to ensuFe GOMplianGe with the St. LUGie County GernpreheRsive Plan; and, 23 Area, yard, Height and Other Dimensional Requirements. Area, yard and height requirements 24 shall be determined at the time of Preliminary and Final Development Plan approval except that 25 Aany structure on North or South Hutchinson Island that has not been occupied, constructed, or 26 has not received a building permit, site plan or other County development approval as a permitted 27 use prior to January 10, 1995, the requirements of Section 4.01.00, Hutchinson Island - Building 28 Height Overlay Zone shall apply. 29 C. — I. <no change> 30 31 7.04.0. - AREA, YARD, HEIGHT, AND OPEN SPACE REQUIREMENTS 32 7.04.01. - Requirements. 33 A. -E. <no change> 34 Underline is for Addition is for Deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Ordinance No. 2016-23 File No.: TLDC-820165056 Page 3 TABLE 7-10 LOT SIZE AND DIMENSIONAL REQUIREMENTS Maximum Minimum Yard Zoning Gross Minimum Minimum Minimum Max. Max. Lot Coverage District Density Lot Size Lot Road Front Rear Side Hht. by (Du/Ac) (sf) Width Frontage Side @ (a) corner Buildings <no change> PUD PLANNED UNIT SEE SECTION 7.01.04--3 DEVELOPMENT — PLANNED 20.000 NON- 40060 -192-04-GPNRD RESIDENTIAL DEVELOPMENT SEE SECTION 7.02.03 PLANNED PMUD MIXED USE SEE SECTION 7.03.03 DEVELOPMENT 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. PART E. FILING WITH THE DEPARTMENT OF STATE. 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. Underline is for Addition W keThreugh is for Deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Ordinance No. 2016-23 File No.: TLDC-820165056 Page 4 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: Kim Johnson, Chairman Aye Chris Dzadovsky, Vice -Chairman Aye Tod Mowery, Commissioner Aye Frannie Hutchinson, Commissioner Aye Paula Lewis, 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. PASSED AND DULY ENACTED this 1St day of November. Attest: 111j - Deputy Clerk Board of County Commissioners St. Lucie County, Florida By: Vic,e Chairman Approved As To Form and Correctness: By: Underline is for Addition StFike ThFOUgk is for Deletion September 19, 2017 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Alice Sennott 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. 2016-23, which was filed in this office on September 19, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb