HomeMy WebLinkAbout07-032
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3140737 12/05/2007 at 04:12 PM
OR BOOK 2912 PAGE 539 - 544 Doc Type: ORDN
RECORDING: $52.50
1 ORDINANCE NO. 07-032
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5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
6 COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE CHAPTER
7 7.03.00, PLANNED MIXED USE DEVELOPMENT; AMENDING SECTION 7.03.03
8 TO MODIFY THE STANDARDS AND REQUIREMENTS TO ALLOW GREATER
9 THAN 40% RESIDENTIAL DEVELOPMENT AND MODIFY THE STANDARDS
10 FOR HORIZONTAL AND VERTICAL INTEGRATION OF USES, FOR A 9.44 ACRE
11 PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF STATE ROAD
12 A-1-A AND MARINA DRIVE ON NORTH HUTCHINSON ISLAND IN ST. LUCIE
13 COUNTY, TO IMPLEMENT THE DEVELOPMENT PROJECT AND RELATED
14 COMPREHENSIVE PLAN AMENDMENT KNOWN AS "GRANDE BEACH";
15 PROVIDING FINDINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR
16 SEVERABILITY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
17 CODIFICATION; AND PROVIDING FOR APPLICABILITY.
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19 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
20 made the following determinations:
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22 1. Grande Beach North Hutchinson Island, LLC has requested an amendment to Land
23 Development Code Planned Mixed Use Development (PMUD) Section 7.03.03,
24 Standards and Requirements, for a 9.44 acre tract located at the northwest intersection of
25 State Road A-1-Ä and Marina Drive.
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27 2. Whereas Section 163.3201, Florida Statutes, provides for the adoption and enforcement
28 of regulations on development, based upon the Comprehensive Plan for St. Lucie
29 County.
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31 3. On August 1, 1990, this Board enacted the St. Lucie Land Development Code to further
32 and implement the Comprehensive Plan for St. Lucie County which calls for the
33 regulation of land development.
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35 4. On February 16, 1993, this Board adopted Ordinance No. 93-004 which created
36 Chapter 7.03.00, Planned Mixed Use Development Section 7.03.03 of the St. Lucie
37 County Land Development Code.
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39 5. On March 27, 2007, this Board adopted Ordinance No. 07-008 changing the Future
40 Land Use Map Designation of a 9.44 acre tract from Commercial (COM) to Mixed Use
November 6, 2007
File No.: BCC 112006523
Ordinance No. 07-032
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Development (MXD-Grande Beach, Medium Intensity) and amending the text of the
Future Land Use Elernent to provide sub-area policies that exempted the subject
property from the maximum 40% residential threshold set forth in Section 7.03.03(A)
and the integration of uses set forth in Section 7.03.03(B)(2) of the Land Development
Code.
6. This Board has determined it is necessary to amend Chapter 7.03.00, Section 7.03.03
to maintain consistency between the newly adopted sub-area policy of the
Comprehensive Plan and the Land Development Code.
7. On July 19, 2007, the Local Planning Agency/Planning and Zoning Commission, held a
public hearing on the proposed ordinance after publishing notice in the Fort Pierce
Tribune and Port St. Lucie News at least 10 days prior to the hearing and
recommended that the proposed ordinance be approved.
8. On August 21, 2007, at the request of the applicant, the St. Lucie County Board of
County Commissioners remanded this petition to the St. Lucie County Planning and
Zoning Commission.
9. On September 20, 2007, the Local Planning Agency/Planning and Zoning
Comrnission, held a public hearing on the proposed ordinance after publishing notice in
the Fort Pierce Tribune and Port St. Lucie News at least 10 days prior to the hearing
and recommended that the proposed ordinance be approved.
10. On October 16, 2007, this Board held its first public hearing on the proposed ordinance,
after publishing a notice of such hearing in the Port St. Lucie News and the Fort Pierce
Tribune at least 10 days prior to the hearing.
11. On November 6, 2007, this Board held its second public hearing on the proposed
ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the
Fort Pierce Tribune at least 10 days prior to the hearing.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
P ART A.
CHAPTER 7.03.00, PLANNED MIXED USE DEVLOPMENT, OF THE ST.
LUCIE COUNTY LAND DEVLEOPMENT CODE OF ORDINANCES AND
COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA 15 HEREBY
AMENDED BY ADDING THE WORDS SHOWN IN UNDERLINED TYPE
IN SECTION 7.03.03 AS FOLLOWS:
November 6, 2007
File No.: BCC 112006523
Ordinance No. 07-032
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Section 7.03.03
STANDARDS AND REQUIREMENTS
Standards and requirements for a Planned Mixed Use Development shall be as follows:
A. MINIMUM AREA
Minimum areas for land uses within Planned Mixed Use Developments shall be as
specified in Table 7.2 below. Where more that one land use is developed within a
Planned Mixed Use Development, the minimum size of the development shall be
the sum of the minimum areas for each land use as specified in Table 7-2 below. All
land included as a part of the minirnum requirement shall be contiguous and under
common ownership or control. Residential land uses may not exceed 40 percent of
the Planned Mixed Use Development, except for the Mixed Use Development
(MXD-Grande Beach, Medium Intensity) Mixed Use Activity Area as adopted in
Fiqure 1-7K of Policy 1.1.7.3 of the Future Land Use Elernent of the Comprehensive
Plan that may include up to 70 residential dwellinq units.
TABLE 7-2
Residential
Institutional
Professional Service/Office
Commercial
Public Service/Utilities
Industrial
RESIDENTIAL DENSITY AND NON-RESIDENTIAL FLOOR AREA RATIOS
1. The maximum permitted residential density of a Planned Mixed Use
Development shall not exceed the residential density reflected in the Mixed
Use Intensity Plans of the S1. Lucie County Comprehensive Plan and
referenced in Table 7-3 below. On North and South Hutchinson Island, the
provisions of Section 3.01.03(AA), HIRD (Hutchinson Island Residential
District) shall govern.
November 6, 2007
File No.: BCC 112006523
Ordinance No. 07-032
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2.
For non-residential uses, intensity shall be lirnited by Floor Area Ratios as
specified in Table 7-3 below. Floor Area Ratio is defined as the total floor
area of the building divided by the total area of the lot. The total floor area of
the building shall include all floors of the building.
TABLE 7·3
Residential
Institutional
Professional Service/Office
Commercial
Public Services/Utilities
Industrial
5
15
1.50
1.50
1.00
0.50
0.50
Residential
Institutional
Professional Service/Office
Commercial
Public Services/Utilities
Industrial
5
9
1.00
1.00
0.75
0.25
0.25
Residential
Institutional
Professional Service/Office
Commercial
Public Service/Utilities
o
5
0.50
0.50
0.50
0.25
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November 6, 2007
File No.: BCC 112006523
Ordinance No. 07-032
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Where mixed land uses are horizontally or vertically integrated on the same parcel,
the developer shall demonstrate that the parcel contains sufficient land area for the
proposed uses to have been approved individually. except for the Mixed Use
Development (MXD-Grande Beach, Medium Intensity) Mixed Use Activity Area as
adopted in Fiqure 1-7K of Policy 1.1.7.3 of the Future Land Use Element of the
Comprehensive Plan.
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 circurnstance, 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, Departrnent of State, The Capitol,
Tallahassee, Florida 32304.
PART F.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption by the Board of County
Cornmissioners.
PART G.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St.
Lucie County, Florida, and the word "ordinance" may be changed to "section",
"article", or other appropriate word, and the sections of this ordinance may be
November 6, 2007
File No.: BCC 112006523
Ordinance No. 07-032
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renumbered or relettered to accomplish such intention; provided, however, that
Parts B through H shall not be codified.
PART H.
ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Chris Craft AYE
Vice Chairman Joseph E. Smith AYE
Commissioner Paula A. Lewis AYE
Commissioner Doug Coward AYE
Commissioner Charles Grande AYE
PASSED AND DULY ADOPTED this 6th day of November, 2007.
ATTEST:
November 6, 2007
File No.: BCC 112006523
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
PROVED AS TO FORM AND CORRECTNESS
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Ordinance No. 07-032
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