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Home My WebLink About12-014ORDINANCE NO. 12-014 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 11.09.02 ZONING CONFORMANCE TO UPDATE THE LAND USE AND ZONING COMPATIBILITY CHART; 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, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie county Land Development Code, through the following Ordinances: 91-003 March 14, 1991 91-009 May 14, 1991 91-021 November 7, 1991 92-017 June 2, 1992 93-001 February 16, 1993 93-003 February 16, 1993 93-005 May 25, 1993 93-006 May 25, 1993 93-007 May 25, 1993 94-007 June 22, 1994 94-018 August 16, 1994 94-021 August 16, 1994 95-001 January 10, 1995 96-010 August 6, 1996 97-001 March 4, 1997 97-009 October 7, 1997 97-003 September 2, 1997 99-001 February 2, 1999 99-002 April 6, 1999 99-003 August 17, 1999 99-004 August 17, 1999 9-005 July 20, 1999 99-005 July 20, 1999 99-015 July 02, 1999 99-016 September 7, 1999 99-017 September 7, 1999 99-018 November 2, 1999 00-010 June 13, 2000 00-011 June 13, 2000 00-012 June 13, 2000 00-013 June 13, 2000 01-003 December 18, 2001 02-005 June 24, 2002 02-009 March 5, 2002 02-020 October 15, 2002 02-029 October 15, 2002 03-005 October 7, 2003 04-002 January 20, 2004 04-007 April 20, 2004 04-033 December 7, 2005 05-001 March 15, 2005 05-003 August 2, 2005 05-004 August 2, 2005 05-007 January 18, 2005 05-013 November 8, 2005 05-016 August 16, 2005 05-023 September 20,2005 06-005 April 18, 2006 06-013 June 6, 2006 06-022 July 18, 2006 -1- Skec~tkreugh passages are deleted. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Underlined passages are added. SAINT LUCIE COUNTY FILE # 3757963 10115/2012 at 01:55 PM OR BOOK 3442 PAGE 2052 - 2056 Doc Type: ORON RECORDING: $44.00 06-017 May 30, 2006 06-030 September 12, 2006 07-011 February 6, 2007 07-018 December 18, 2007 07-041 September 4, 2007 08-008 June 17, 2008 08-025 September 14, 2008 09-007 September 1, 2009 09-013 May 5, 2009 10-003 February 2, 2010 10-034 November 9, 2010 11-005 February 1, 2011 11-015 April 19, 2011 11-021 August 2, 2011 12-003 May 15, 2012 12-008 March 20, 2012 06-018 May 30, 2006 06-047 December 5, 2006 07-015 May 1, 2007 07-032 November 6, 2007 08-004 March 11, 2008 08-012 September 12, 2008 09-003 January 20, 2009 09-012 May 19, 2009 09-025 October 6, 2009 10-026 September 7, 2010 10-036 December 21, 2010 11-012 August 2, 2011 i1-017 June 21, 2011 12-002 March 20, 2012 12-004 February 7, 2012 12-010 February 14, 2012 3. On July 19, 2012, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. On August 21, 2012, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on August 10, 2012. 5. On October 2, 2012, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on September 19, 2012. 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 TO READ AS FOLLOWS, INCLUDE: 11.09.02 ZONING CONFORMANCE A. Consistency Matrix. The Consistency Matrix, set forth as Table 11.1, shall be used to determine consistency of the existing zoning districts in the Zoning Code with the Future Land Use Element of the St. Lucie County Comprehensive Plan. Any zoning district that is not consistent with the Future Land Use Map of the St. Lucie County Comprehensive Plan according to the consistency Matrix, shall not be applied for, permitted, or approved. All requests for changes in zoning districts shall also be required to meet the standards of review set out in this Code as determined by the Board -2- ~eugi+ passages are deleted. Underlined passages are added. of County Commissioners that are consistent with the Future Land Use Element of the St. Lucie County Comprehensive Plan. B. Comprehensive Rezoning Required. Any zoning district that is inconsistent with the St. Lucie Comprehensive Plan shall be subject to a comprehensive zoning district amendment (rezoning) in order to bring it into compliance with the St. Lucie Comprehensive Plan. C. Notice of Zoning Conformance. Notice of the public hearings for the comprehensive rezoning shall be published in accordance with F.S. § 125.66(S)(b). PART B. CONFLICTING PROVISION. 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. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART D. 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 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. 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: Chairman Tod Mowery AYE -3- 5lruc~-4i+rengb passages are deleted. Underlined passages are added. Vice Chair Paula A. Lewis AYE Commissioner Chris Craft AYE Commissioner Frannie Hutchinson AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, 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 ADOPTED this 2ND day of October 2012. BOARD OF COUNTY COMMISSIONERS ATT ST: ST. LUCIE CO N RID ~~ye 4 D uty Clerk~•_~' - :~~'~ Chair an G - L s •~-~ APPROVE AS TO FORM AND .~ 4 ~~- '~ "Y COR ECT ESS~, -~Y - •~i~ ..t ..• ~ + ~, -. County Atto e S~ ~~ ~~< -- -4- Stwek-tkse~+gH passages are deleted. Underlined passages are added. Exhibit A land Development Code Table 11-1 ST. LUCIE COUNTY ZONING DISTRICT/LAND USE CATEGORY COMPATIBILITY CHART ZONING LAND USE CATEGORY DISTRICT AG-5 AG-2.5 A84 RE RS RU RM RH wC CPUB COM IND P/F MXDz SD H TU NC AG-5 X X X X X X X X X X x AG-2 5 X X X X X x X X X AG-1 X X X X X X X X X x X we x x x x x x X x x X x AR-1 X X X X X x RE- t X X X X x X RE-2 X X X X X X RS-2 X X X X X x RS-3 X X X X X RS-4 X X X X X RA~5 X X X X X RMH-5 X X X X X RM-7 X X X x RM-9 X X X X RM- ~ ~ X X X RM-15 X X X CN X' X' X X' X' X' X X' X X X= CO X' X' X X' X' X' X' X' X X x CG X X X x x IL X X x X X IH X X X X X DC X X X X X X X X X X X X X x U X X X X x X x X X X X X X X X X X X I X X X X X X X X X X X X X X X X X X RF X X X X X X X X X X X X X X X X ;>G P~ X PUD X X X X X X X X X X X X X ;K X PNRD X X X X X X X X X X X X X X X X PMUD X X X X X X X X X X X X X X x ~V~ X ~V X HIRD X X X X X X X X X X X RV P X X X CPUB X X X X X X X X X X X X X X X X X -5- ~'~~:.:~. passages are deleted. Underlined passages are added. ', RICK SCOTT Governor October 15, 2012 Honorable Joseph E. Smith Clerl: of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 ~.___ __ _.._ __ ORIDA DEPARTMENT 4 STATE ___ .___ ~.___ __ ___~ ~ -f .__..____.~~_ _.~, KEN DETZNER Secretary of State Attention: Ms. Kelly Phelan, Executive Recording Secretary Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge recei t of dated October 9, 2012 and certified copy of St. Lucie County Ordinance No. 12-014, which v, your letter this office on October 12, 2012. as filed in Sincerely, Liz Cloud Program Administrator L C/elr R. A. Gray Building 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Facsimile: (850) 488-9879 www.dos.state.fl_~~~