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HomeMy WebLinkAbout10-026ORDINANCE NO. 10-026 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 Text Amendment to the Land Development Code AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO APPROVE AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE TO INCLUDE KENNELS AS A PERMITTED USE WITH RESTRICTIONS AND AS A CONDITIONAL USE IN THE INDUSTRIAL LIGHT ZONING (IL) DISTRICT; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. 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.On July 15, 2010, 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 that the proposed ordinance be approved. 5. On August 17, 2010, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on August 6, 2010. 6. On September 7, 2010, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on August 30, 2010. 7. 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. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE N 3517456 09/22/2010 at 02:32 PM OR BOOK 3232 PAGE 148 - 149 Doc Type: ORDN RECORDING: $18.50 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 A The specific amendment to the St. Lucie County Land Development Code to read as follows in underline format: 3.01.03. Zoning Districts T. IL INDUSTRIAL, LIGHT. 2. Permitted Uses: w. Kennels -Allowed as a permitted use only when the property is surrounded by industrial uses or zoning and is 500 feet or more from residential uses or zoning. All distance requirements shall be measured from the nearest point of the existing home or area of single-family zoning to the nearest point of the proposed kennel. 3.01.03. Zoning Districts T. IL INDUSTRIAL, LIGHT. 7. Conditional Uses: f. Kennels - (0752) Other than those permitted under Section 3.01.03 T.2.w. of the Land Development Code. 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. Ordinance No. 10-026 File No.: TLDC 620104071 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 3z 33 G. ADOPTION After motion and second, the vote on this Ordinance was as follows: Charles Grande, Chairman Aye Doug Coward, Vice-Chair Aye Chris Dzadovsky, Commissioner Aye Chris Craft, Commissioner Aye Paula Lewis, Commissioner Aye PASSED AND DULY ADOPTED this 7th day of September, 2010. ATTEST: BOARD OF CO NTY COMMISSIONERS ST. LUCIE CO NTY, FLORIDA 1/ - n t , , ~~ ~ ^~, ~ ~Yt Yfy ~k t'.d~~{ a,, : ~-~ ~~~~rt. ~ ~_ v; w~' ~ `' t , 4 ` 3 T s t f ~ r ~...}1 :~tJ:~'T1 ~/ ~ , APPROVED AS TO FORM AND ~ '~~ CORRECTNESS: ,\ / '~ !- County A r ey Ordinance No. 10-026 File No.: TLDC 620104071 Page 3 - -'~~ CHARLIE CRI$T Governor September 20, 2010 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Ave Fort Pierce, Florida 34982 Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk . Dear Mr. Smith: m Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter September 17, 2010 and certified copy of St. Lucie County Ordinance No. 10-026, which was filed in this office on September 20, 2010. Sincerely, ~~' Liz Cloud Program Administrator LC/srd DIItECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 850.245.6600 • FAX:850.245.6735 • TDD:850.922.4085 • http://dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894 DAWN K. ROBERTS Interim Secretary of State CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX: 850.488.9879 850.245.6750 FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282 STATE LIBRARY AND ARCHIVES OF FLORIDA