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HomeMy WebLinkAbout06-005 ~\J .tb> (;/1)1) .1 . (!on PuJ1:> mt13 ,.-' /-111· EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT ~'I1J.c.è1dJd k CJrW:d [Yi'l :L SAINT LUCIE COUNTY FILE # 284415705/01/2006 at 10:03 AM OR BOOK 2548 PAGE 2339 - 2343 Doc Type: ORDN RECORDING: $44.00 ORDINANCE NO. 06-005 (formerlv Ordinance No. 05-039) AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.01.02 TO INCLUDE SINGLE FAMILY DETACHED DWELLINGS IN RESIDENTIAL PLANNED UNIT DEVELOPMENTS AS REPLACEMENT FOR MOBILE HOMES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board is authorized by Section 125.01(1)(h), Florida Statutes (2004), 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 - 91-21 - 93-01 93-05 93-07 94-18 95-01 97-01 97-03 99-02 99-04 99-15 99-17 00-10 00-12 March 14, 1991 November 7, 1991 February 16, 1993 May 25, 1993 May 25, 1993 August 16, 1994 January 10, 1995 March 4, 1997 September 2, 1997 April 6, 1999 August 17, 1999 July 20, 1999 September 7, 1999 June 13, 2000 June 13, 2000 91-09 92-17 - 93-03 - 93-06 - 94-07 94-21 - 96-10 - 97-09 - 99-01 - 99-03 - 99-05 - 99-16 - 99-18 - 00-11 00-13 - Stft:leh fl,! 51:.19" passages are deleted. Underlined þassages are added. May 14, 1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 August 17, 1999 July 20, 1999 July 02, 1999 November 2, 1999 June 13, 2000 June 13, 2000 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2851502 05108/2006 at 10:44 AM OR BOOK 2555 PAGE 2684 - 2688 Doc Type: ORDN RECORDING: $44.00 01-03 - 02-09 - 02-29 - 04-02- 04-33- 05-03- 05-07- December 18, 2001 March 5, 2002 October 15, 2002 January 20, 2004 December 7, 2005 August 2, 2005 January 18, 2005 02-05 - 02-20 - 03-05 - 04-07- 05-01- 05-04- 05-16- June 24, 2002 October 15, 2002 October 7, 2003 April 20, 2004 March 15, 2005 August 2, 2005 August 16, 2005 5. On January 19, 2006, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 6. On April 4, 2006, 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 Tribune on March 25, 2006. 7. On April 18, 2006, 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 Tribune on April 7, 2006. 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 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: PART A. The specific amendments to the St. Lucie County Land Development Code to read as follows, include: CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.00.00 PLANNED UNIT DEVELOPMENT 7.01.02 AUTHORIZED USES A. PERMITTED USES L Any permitted, conditional or accessory use in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation 5t11:l~1t HII 5t1:1h passages are deleted. Underlined passages are added. 2 in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation (RC); Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-ll (RM-ll); and Residential, Multiple-Family-15 (RM-15) zoning districts of this Code may be permitted in a Planned Unit Development District subject to complying with the residential densities described in Section 7.01.03(B). b Anv Planned Unit Development includina anv development that has been granted final Planned Unit Development approval may place on empty lots. a sinale storv, conventionallY built sinale family detached dwellina that complies with the buildina code, meets all setbacks and does not exceed the maximum size of the mobile home that would have been allowed. B. NONRESIDENTIAL DEVELOPMENT USES Uses of the types permitted in the Commercial, Neighborhood (CN) District are also permitted up to an amount not to exceed three (3) percent of the gross area of the Planned Unit Development or ten (10) acres, whichever is less. In addition, playgrounds, public and non-public parks, golf courses, country clubs, bicycle paths, racquet sports facilities, riding stables, marinas, clubhouses, and lodges may be permitted in a Planned Unit Development District. 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. Sfl t:leh tl,FOl:IgI-I passages are deleted. Underlined passages are added. 3 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. 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 Doug Coward Vice Chairman Chris Craft Commissioner Joseph E. Smith Commissioner Paula A. Lewis Commissioner Frannie Hutchinson AYE AYE AYE AYE AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of OrJinances of St. Lucie County, Florida, and the word "ordinance" may be changedlo "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 A)?OPTE[) this lSTH day of April, 2006. ø/~~'~- -BQARD OF COUNTY COMMISSIONERS '--.' / .-'--.... '- ; / v< ·ST. LUCIE CO NTY L DA '~ ~ _\1 . ",~ 'm f' i: Stltld( tl.rettgn passages are deleted. Underlined passages are added. 4 $tF'tI~h tkl ðtlgk passages are deleted. Underlined passages are added. 5