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HomeMy WebLinkAbout12-0041 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 47 48 ORDINANCE NO. 12-004 (fka 11-035) Text Amendment to the Land Development Code TLDC-62011 4296 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE CHAPTER 3.01.03, ZONING DISTRICT REGULATIONS, TO ADD AUTO SUPPLIES (SIC 5531) AS A CONDITIONAL USE UNDER RETAIL TRADE IN THE CN (COMMERCIAL NEIGHBORHOOD) ZONING DISTRICT; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners has made the following determinations: 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, 2. This Board is authorized by Section 125.01 (1)(t) 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. 3.On August 1, 1990 the Board of County Commissioners of St. Lucie County Florida adopted the St. Lucie County Land Development Code. 4. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code through the following Ordinances: 91-03 -March 14, 1991 91-21 -November 7, 1991 93-01 -February 16, 1993 93-05 - May 25, 1993 93-07 - May 25, 1993 94-18 - August 16, 1994 95-01 -January 10, 1995 97-01 -March 4, 1997 97-03 -September 2, 1997 99-02 - April 6, 1999 99-04 -August 17, 1999 99-15 -July 20, 1999 99-17 -September 7, 1999 00-10 - June 13, 2000 00-12 - June 13, 2000 01-03 - December 18, 2001 02-09 - March 5, 2002 91-09 - May 14, 1991 92-17 - June 2, 1992 93-03 - February 16, 1993 93-06 - May 25, 1993 94-07 - June 22, 1994 94-21 - August 16, 1994 96-10 - August 6, 1996 97-09 - October 7, 1997 99-01- February 2, 1999 99-03 - August 17, 1999 99-05 - July 20, 1999 99-16- July 20, 1999 99-18 - November 2, 1999 00-11 - June 13, 2000 00-13 - June 13, 2000 02-05 - June 24, 2002 02-20 - October 15, 2002 0 U Z ~ o ~ ~ ~ o ~ a U F ~ ao LL N M N N Y o~ ~ ~~ Wj~'~N 0 UZNw S~~(7,°n f' Q NQIn Voam ~Wm~f» W~~Mz 2 J,~jYp O WZ~mO pQ~~w -~N~O~ 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 47 48 02-29 -October 15, 2002 04-02 -January 20, 2004 04-33 -December 7, 2005 05-03- August 2, 2005 05-07 -January 18, 2005 05-23- September 20, 2005 06-13- June 6, 2006 06-30- September 12, 2006 06-47- December 5, 2006 07-15- April 17, 2007 07-32- November 6, 2007 07-54- December 11, 2007 08-04- March 11, 2008 08-12- September 9, 2008 09-03-January 20, 2009 09-13- May 19, 2009 10-26- September 27, 2010 10-36- December 21, 2010 11-15- April 19, 2011 03-05 -October 7, 2003 04-07- April 20, 2004 05-01-March 15, 2005 05-04-August 2, 2005 05-16-August 16, 2005 06-05-April 18, 2005 06-22-July 18, 2006 06-40-August 1, 2006 07-11-February 6, 2007 07-17-June 5, 2007 07-41-September 4, 2007 07-55- November 20, 2007 08-08- June 17, 2008 08-25- September 16, 2008 09-12- May 19, 2009 10-03- February 2, 2010 10-34- November 9, 2010 11-05- February 1, 2011 11-21-August 2, 2011 5.On November 17, 2011, the Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing and recommended to the BOCC that the proposed ordinance be approved. 6. On January 3, 2012, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days prior to the hearing. 7. On February 7, 2012, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days prior to the hearing. 8. The proposed amendment to the St. Lucie County Land Development Code is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. February 7, 2012 Ordinance No. 12-004 (fka 11-035) File No.: TLDC 62011 4296 Page 2 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 47 48 49 ,NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. The specific amendment to the St. Lucie County Land Development Code to read as follows in underline format: 3.01.03. Zoning Districts Q. CN COMMERCIAL, NEIGHBORHOOD 7. Conditional Uses d. Retail trade each building shall be less than 6,000 square feet gross floor area, all uses inclusive): (3) Auto supplies (5531) 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. 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 provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. D. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable in the unincorporated area of St. Lucie County. 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 Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. F. EFFECTIVE DATE This ordinance shall take effect upon filing with the Department of State. February 7, 2012 Ordinance No. 12-004 (fka 11-035) File No.: TLDC 62011 4296 Page 3 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 G. ADOPTION After motion and second, the vote on this Ordinance was as follows: Chris Dzadovsky, Chairman AYE Tod Mowery, Vice-Chair Absent Paula A. Lewis, Commissioner AYE Frannie Hutchinson, Commissioner AYE Chris Craft, Commissioner AYE PASSED AND DUB ATTEST: `~ ~' ,~ Deputy February 7, 2012 D this 7th day of February, 2012. ^~`` ~` ~° ;~. ~~° ' BOARD OF COUNTY COMMISSIONERS ' i ~ ST. LUCIE COUNTY, FLORIDA ~;.~'. ., F' ~~ . ~ ~~' ~. _ - ^ ~ - '~~ hairman O~ APPROVED AS TO FORM AND CORRECTNESS: Ordinance No. 12-004 (fka 11-035) File No.: TLDC 62011 4296 Page 4 ~~v~ ~r - M`$'~! t.=~~ FLORIDA DEPARTMENT D~STATE r____..._ _ --..- --~ RICK SCOTT Governor October 13, 2014 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Sue Korunow Dear Mr. Smith: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 12-004, which was filed in this office on October 13, 2014. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Facsimile: (850) 488-9879 www.dos.state.tl.us