Loading...
HomeMy WebLinkAbout1988ORDINANCE NO. (Formerly No. 88-1 87-76) S?0646 AN ORDINANCE AMENDING CHAPTER 1-8.5 (FLOOD DAMAGE PREVENTION) C= THE CODE 0F ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; BY AMENDING SECTION 1-8.5-5 (DEFINITIONS) TO ADD THE DEFINITIONS OF "EXISTING MANUFACTURED HOME PARK OR SUBDIVISION" AND "EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION"; AND FURTHER BY AMENDING SUBSECTIONS (d)(3) AND (e)(12) UNDER SECTION 1-8.5-32 (SPECIFIC STANDARDS) BY DELETING THE REQUIREMENT THAT THE ELEVATION STANDARDS OF SUBSECTION 1-8.5-32(a) BE MET; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY, FILING WITH THE DEPARTMENT OF STATE, AN EFFECTIVE DATE, ADOPTION, AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 125.01(1)(j), Florida Statutes, the Board has the authority to adopt regulations concerning flood control. 2. The Federal Emergency Management Agency revised the National Flood Insurance Program regulations effective October 1, 1986, and in order for the local flood-plain management ordinance under Chapter 1-8.5 of the Code of Ordinances of St. Lucie County to be consistent with National Flood Insurance Program regulations, it was necessary to amend the flood-plain management ordinance prior to April 1, 1987. This was accomplished on March 24, 1987, by the adoption of Ordinance No. 87-7. 3. Prior to the amendment to the National Flood Insurance Program regulations effective October 1, 1986, existing mobile home parks and/or subdivisions were not subject to the elevation Struck through passages are deleted. added. -1- Underlined passages are 573 BOOK requirement and therefore were grandfathered in. The October 1, 1986 amended regulations did away with the grandfathering clause and thereafter all mobile homes were subject to the elevation requirements including replacements in existing parks. 4. Due to negative response to the October 1, 1986 amended regulations, the Federal Emergency Management Agency has suspended certain provisions to the October 1, 1986 revision to the National Flood Insurance Program regulations through September 30, 1988, and has reinstated the grandfathering clause until the issue is resolved. 5. In order for the County Flood-Plain Management Ordinance to be consistent with the suspension of the National Flood Insurance Program rule revision regarding existing mobile home parks or subdivisions, it is necessary to amend the ordinance. 6. On December 10, 1987, the St. Lucie County Local Planning Agency held a public hearing, due notice of which had been published at least fifteen (15) days in advance, to consider amending Chapter 1-8.5 of the St. Lucie County Code of Ordinances as set out in this ordinance. 7. The St. Lucie County Local Planning Agency has recommended that the Board approve the proposed amendment. 8. On January 12, 1988, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing on the proposed amendment after publishing notice of that hearing in the Fort Pierce News Tribune on December 16, 1987. ...... through passages are deleted. added. -2- Underlined passages are °" 573 9. Passage of the proposed amendment to Chapter 1-8.5 of the St. Lucie County Code of Ordinances is in the best interest of the health, safety, and 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. AMENDMENT OF CHAPTER 1-8.5 (FLOOD DAMAGE PREVENTION) Chapter 1-8.5 (Flood Damage Prevention) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-8.5-5. Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction. Appeal means a request for a review of the community development director's interpretation of any provision of this chapter or a request for a variance. Area of shallow flooding means a designated AO or VO Zone on a community's flood insurance rate map (FIRM) with base flood Struck through passages are deleted. added. 3 Underlined passages are 573 BOOK depths from one to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of special flood hazard is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Base flood means the flood having a one percent chance of being equalled or exceeded in any given year. Basement means that portion of a building having its floor subgrade (below ground level) on all sides. Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Building means any structure built for support, shelter or enclosure for any occupancy or storage. Coastal high hazard area means the area subject to high velocity waters caused by, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone V1-30, VE or V. Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials. Struck through passages are deleted. added. --4-- Underlined passages are 573 E~OOK Elevated building means a nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls. Existing manufactured home Dark or subdivision means a manufactured home park for which the construction of facilities for servicinq the lot on which the manufactured homes are to be affixed (includinq, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) are completed before the effective date of floodplain management requlations adopted by a community. ExPansion to an existinq manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, either final site grading or pouring of concret~ pads, or the construction of streets). Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of inland or tidal waters; (b) The unusual and rapid accumulation of runoff of surface waters from any source. Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A. Struck through passages are deleted. added. --5-- Underlined passages are 573 Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Flood insurance study is the official report provided by Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary-floodway map and the water surface elevation of the base flood. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing facilities. The term does not include long-term storage, manufacture, sales or service facilities. Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. Struck ~,,~..~ passages are deleted. Underlined passages are added. --6-- 573 211 Mangrove stand means an assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: Black man~rove (Avicennia nitida), red mangrove (Rhizophora mangle), white mangrove (Languncularia racemosa) and buttonwood (Conocarpus erecta). Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures placed on a site for one hundred eighty (180) consecutive days or longer and intended to be improved property. Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD). National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. New construction means structures for which the start of construction commenced on or after the effective date of this chapter. Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward of the beach. Struck through passages are deleted. added. -7- Underlined passages are 573 BOOW, Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P. L. 97-348)), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond .the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not a part of the main structure. Structure means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank or other manmade facilities or infrastructures. Substantial improvement means any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during (the life of a structure), in which the cumulative cost equals or exceeds fifty (50) per cent of the Struck ~ ..... ~ passages are deleted added. Underlined passages are l~OOl~ ,,J~J PAGE market'value of the structure. The market value of the structure shoUld be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any pro3ect for improvement of a structure required to comply with existing health, sanitary or safety code specifications which are solely necessary to assure safe living conditions. Variance is a grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship. Section 1-8.5-32. Specific standards. In all areas of special flood hazard where base flood elevation data has been provided, as set forth in section 1-8.5-7 or section 1-8.5-23(k), the following provisions are required. (a) Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the Struck through passages are deleted. added. -9- Underlined passages are 573 214 unimpeded movements of flood waters shall be provided in accordance with standards of subsection 1-8.5-32(c). (b) Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated to or above the level of the base flood elevation. Structures located in all A-Zones may be floodproofed in lieu of being elevated provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in subsection 1- 8.5-22(1)(c). (c) Elevated buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Struck through passages are deleted. added. -10- Underlined passages are 573 (1) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: a. Provide a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; b. The bottom of all openings shall be no higher than one foot above grade; and, c. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both direction. (2) Electrical, plumbing and other utility connections are prohibited below the base flood elevation; (3) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and (4) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (d) Floodways. Located within areas of special flood hazard established in section 1-8.5-7, are areas designated as floodways. Since the floodway is an extremely hazardous Struck through passages are deleted. added. -11- Underlined passages are area due to the velocity of floodwaters which carry debris, potential pro3ectiles and has erosion potential, the following provisions shall apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. (2) If subsection 1-8.5-32(d)(1), is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article III. (3) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured homes (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of b 8 5 31(b) ~- su section 1- . - ~ ~ -~ .... :~- standard~ ~f .......~ ~-~ i S 5 .............. (a) are met. (e) Coastal high hazard areas (V ZONES). Located within the areas of special flood hazard established in section 1- 8.5-7, are areas designated as coastal high hazard ...... through passages are deleted. added. -12- Underlined passages are 573 BOOJ~ areas. associated with wave provisions shall apply: (1) These areas have wash, (2) (3) (4) special flood hazards therefore, the following Ail buildings or structures shall be located landward of the reach of the mean high tide. All buildings or structures shall be elevated so that the bottom of the lowest supporting horizontal member (excluding pilings or columns) is located no lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water. Open lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with subsection 1-8.5-32(e)(8). All buildings or structures shall be securely anchored on pilings or columns. Ail pilings and columns and the attached structures shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components. The anchoring and support system shall be designed with wind and water loading values which equal or exceed the 100-year mean recurrence interval (one per cent annual chance flood). Struck ~,,~,,~ passages are deleted. added. Underlined passages are 573 218 (5) (6) A registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with provisions contained in subsections 1-8.5- 32(e)(2),(3), and (4) of this chapter. There shall be no fill used as structural support. Noncompacted fill may be used around the perimeter of a building for landscaping-aesthetic purposes provided the fill will wash out from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects, or wave deflection. The community development director shall approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect, and/or soil scientist, which demonstrates that the following factors have been fully considered: a. Particle composition of fill material does not have a tendency for excessive natural compaction; b. Volume and distribution of fill will not cause wave deflection to adjacent properties; and c. Slope of fill will not cause wave runup or ramping. ............ ~h passages are deleted. added. -14- Underlined passages are 219 (7) There shall be no alteration of sand dunes or (8) mangrove stands which would flood damage. Lattice work or decorative increase potential screening shall be allowed below the base flood elevation provided they are not part of the structural support of the building and are designed so as to break away, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used and provided the following design specifications are met: a. No solid walls shall be allowed; and b. Material shall consist of lattice or mesh screening only. (9) If aesthetic lattice work or screening is utilized, such enclosed space shall not be designed to be used for human habitation, but shall be designed to be used only for parkinG of vehicles, buildinG access, or limited storage of maintenance equipment used in connection with the premises. (10) Prior to construction, plans for any structures that will have lattice work or decorative screeninG must be submitted to the community development director for approval. (11) Any alteration, repair, reconstruction or improvement to a structure shall not enclose the °~ .... "~ ..... ~ passages are deleted. added. -15- Underlined passages are 573 oo, 220 space below the lowest floor except with lattice work or decorative screening, as provided for in subsections 1-8.5-32(e)(8) and (9). (12) Prohibit the placement of manufactured homes (mobile homes) except in an existing manufactured homes, (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of subsection 1 8 5 31(b) ~ ~- -~ ~ u.~ ~%~/ are met. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 AND APPLICABILITY. 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 D. FILING WITH THE DEPARTMENT OF STATE. ............ ~., passages are deleted. added. -16- Underlined passages are 573 221 BOOK 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 E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger Aye Vice Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Jim Minix Aye Commissioner Judy Culpepper Aye 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 12th day of January, 1988. Struck through passages are deleted. added. -17- Underlined passages are 573 222 BO0~ CLERK BOARD ST. LUCTE COUNTY, FLOR~ ' < /i // ,,~:': ' ~ ~HATRMAN -- APPROVED AlS TO FORM AND CORRECT SS ' COUNTY ~T~N~ OF COUNTY COMMISSIONERS- 87060,6 '88 J/iN 27 H2:28 FILLi- ", DOUGL,~,:- ST. LUCii. ~ Struck ~ ..... ~ passages are deleted added. Underlined passages are BO01( 223 ORDINANCE NO. 88-2 (Formerly No. 87-78) AN ORDINANCE AMENDING SECTION 3.2.800 (TEMPORARY USES AND STRUCTURES) OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS) TO ADD INDUSTRIAL LIGHT (iL) ZONING AS A DISTRICT WHERE INDOOR AND OUTDOOR ART AND CRAFT SHOWS, BAZAARS, CARNIVALS, REVIVALS, CIRCUSES, SPORTS EVENTS, EXHIBITS AND CHRISTMAS TREE SALES ARE PERMITTED TEMPORARY USES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE, PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Indoor and outdoor art and craft shows, bazaars, carnivals, revivals, circuses, sports events and exhibits are currently permitted as temporary uses in RMH-5, RM-5, RM-11, RM- 18, CN, CG, AG, I, and RVP zoning districts. 2. Christmas tree sales are currently permitted as temporary uses in CN, CO, CG, AG, and I zoning districts. 3. It is in the best interests of the citizens of St. Lucie County to permit these temporary uses in IL Industrial Light zoning districts as well. 4. On December 10, 1987, the St. Lucie County Local Planning Agency held a public hearing, due notice of which had been published not more than thirty (30) days nor less than fifteen (15) days before the date of the hearing, excluding Sundays and legal holidays, to consider amending Section 3.2.800 Stuck through passages are deleted. added. --1-- Underlined passages are 573 224 ~OOK of the St. Lucie County Zoning Ordinance as set out in this ordinance. 5. The St. Lucie County Local Planning Agency has recommended that the Board approve the proposed amendment. 6. On January 12, 1988, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing on the proposed amendment after publishing notice of that hearing in the Fort Pierce News Tribune on December 16, 1987. NOW THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 3.2.800, TEMPORARY USES AND STRUCTURES, OF APPENDIX A OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS. Section 3.2.800(2)(b) and (c), Particular Temporary Uses Permitted, of the St. Lucie County Zoning Ordinance are hereby amended to read as follows: Section 3.2.800 Temporary Use and Structures (2) Particular Temporary Uses Permitted Indoor and outdoor art and craft shows, bazaars, carnivals, revivials, circuses, sports events, and exhibits in the Residential, Mobile Home - 5 (RMH- 5); Residential, Multiple Family - 5 (RM-5); Residential, Multiple Family -11 (RM-11); Residential, Multiple Family - 18 (RM-18); Commercial Neighborhood (CN); Commercial General (CG); IndUstrial Light (IL); Agricultural (AG); Institutional (I); and Recreational Vehicle Parks (RVP) Districts, provided that no more than two (2) events of seven days each are conducted on the same property during any calendar year. Christmas tree sales in the Commercial Neighborhood (CN), Commerical Office (CO); Commercial General (CG); Industrial Liqht (IL); Agricultural (AG); and Institutional (I) Districts provided that such use shall not exceed (60) days. ..... through passages are deleted. added. --2-- Underlined passages are 573 BOOK PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 AND APPLICABILITY. 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 D. 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 E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. Stuck through passages are deleted. added. -3- Underlined passages are 226 oo 573 PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger Aye Vice-Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Jim Minix Aye Commissioner Judy Culpepper Aye 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 12th day of January, 1988. CLERK - LU, Ei~ BOARD OF COUNTY COM~!ISSION~RS APPROVED AS TO FORM AND CORR~CTNJ~SS: ~/~/ //'%OUNTY ..... through passages are deleted. added. -4- Underlined passages are 227 $70649 ORDINANCE NO. 88-3 (Formerly No. 87-84) AN ORDINANCE AMENDING ARTICLE III "ROAD IMPACT FEE" OF CHAPTER 1-17 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; THEREBY AMENDING SECTION 1-17-33 TO PROVIDE FOR AN EXEMPTION FROM PAY~ENT OF IMPACT FEES IN THOSE CASES WHERE A PERMIT WAS ISSUED PRIOR TO FEBRUARY 1, 1986, BUT WHERE THE PERMIT HAS SINCE EXPIRED AND MORE THAN FIFTY (50%) PERCENT OF THE BUILDING CONSTRUCTION WAS COMPLETED BASED ON THE LAST INSPECTION; PROVIDING FURTHER FOR SCOPE, GENERAL STANDARDS AND SPECIFIC STANDARDS; PROVIDING FOR APPLICABILITY, SEVERABILITY, FILING WITH THE DEPARTMENT OF STATE, EFFECTIVE DATE, PENALTY AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance No. 85-10 imposing a road impact fee in St. Lucie County; and WHEREAS, the Board has determined that it is necessary and in the best interest of the health, safety and welfare of the citizens of St. Lucie County, Florida, to amend and clarify the section in the Roads Impact Fee Ordinance concerning credits against road impact fees. On December 10, 1987, the St. Lucie County Local Planning Agency held a public hearing, due notice of which had been published not more than thirty (30) days nor less than fifteen (15) days before the date of the hearing, excluding Sundays and legal holidays, to consider amending Article III, Chapter 1-17 of the St. Lucie County Code of Ordinances as set out in this ordinance. The St. Lucie County Local Planning Agency has recommended that the Board deny the proposed amendment. ~oo~ ~-,,.; ?,~c[ 232 On January 12, 1988, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing on the proposed amendment after publishing notice of that hearing in the Fort Pierce News Tribune on December 16, 1987. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. ARTICLE III "ROAD IMPACT FEE" 0F CHAPTER 1-17 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS AMENDED TO READ: Section 1-17-33. Exemptions. (a) The following shall be exempted wholly or in part from payment of the roads impact fee: (1) Alterations or expansion of an existing building where no additional units are created, the use is not changed, and where no additional vehicular trips will be produced over and above that produced by the existing use. (2) The construction of accessory buildings or structures which will not produce additional vehicular trips over and above that produced by the principal building or use of the land. (3) The replacement of a destroyed or partially destroyed building or structure in existence on or after February 1, 1986, with a new building or structure (a) of the same or a different use provided that no additional trips will be produced over and above those produced by the original use of the land or (b) of the same or a different use producing additional trips but only for the original trips generated. (4) In those cases where a building permit or electrical permit for a recreational vehicle parr or mobile home park was issued prior to February 1, 1986, but where the permit has since expired and more than fifty (50%) percent of the building construction was completed based on the last inspection. -2- °" 573 233 (5) ~ Any claim of exemption must be made no later than the time of application for a building permit or electrical permit for a mobile home. Any claim not so made shall be deemed waived. PART B. APPLICABILITY. This ordinance shall apply to the unincorporated area of St. Lucie County and to the incorporated areas of St. Lucie County to the extent permitted by Article VIII~ l(f) of the Constitution of the State of Florida. 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. PART D. 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 E. EFFECTIVE DATE. This ordinance shall take effect on February 1, 1988. PART F. PENALTY. A violation of this ordinance shall be a misdemeanor punishable according to law; however, in addition to or in lieu of any criminal prosecution, St. Lucie County or any feepayer -3- °" 573 234 ~00~ shall have the power to sue in civil court to enforce the provisions of this ordinance. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger Aye Vice-Chairman Havert L. Fenn Aye PART H. Commissioner R. Dale Trefelner Commissioner Jim Minix Commissioner Judy Culpepper CODIFICATION. Nay Aye Aye 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 renumbered or relettered to accomplish such intention; provided· however· that Parts B through H shall not be codified. PASSED AND DULY ADOPTED this 12th day of January· 1988~- BOARD OF CO TY COMM S oNERS ST. LUCI,~GQ~NTY, FLORIDA / / BY: / CHAIRMAN'.- S706 9 "J)' ~F IL E'L: ,', i,: ST. LUCI~- , ,.~.' APPRO~D AS TO FORM AND CORR~CT~S: COUNTY A~T0]RNEY -4- 235 S?OG4S ORDINANCE NO. 88-4 (Formerly No. 87-86) AN ORDINANCE AMENDING SECTION 3.3.112(8) OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) TO ADD MOBILE HOMES AS ACCESSORY USES FOR SECURITY PURPOSES IN CG, COMMERCIAL GENERAL ZONING; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND AFPLICABILIT~; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Article VIII, Section l(f), Florida Constitution, and Section 125.01(1)(h), Florida Statutes, authorizes and empowers this Board to establish, coordinate, and enforce zoning regulations as are necessary for the protection of the public. 2. In order for mobile homes as accessory uses to be allowed for security purposes in CG, Commercial General Zoning, it is necessary to amend Section 3.3.112(8) of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinances). 3. On December 10, 1987, the St. Lucie County Local Planning Agency and the St. Lucie County Planning and Zoning Commission held a public hearing, due notice of which had been published at least fifteen (15) days in advance, to consider amending the text of the St. Lucie County Zoning Ordinance, as set out in this ordinance. 4. The St. Lucie County Local Planning Agency and the St. Lucie County Planning and Zoning Commission have recommended that the Board approve the proposed amendment. ...... through passages are deleted. added. -1- Underlined passages are 5. On January 12, 1988, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing on the proposed amendment after publishing notice of that hearing in the Fort Pierce News Tribune on December 16, 1987. 6. This Board believes that passage of the proposed zoning text amendment is in the best interest of the health, safety, and 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. AMENDMENT OF SECTION 3.3.112(8) ACCESSORY USES (CG COMMERCIAL GENERAL) Section 3.3.112(8) Accessory Uses (CG Commercial General) of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinances) is hereby amended to read as follows: Section 3.3.112. CG Commercial, General. (8) Accessory Uses: (a) (b) (c) (d) (e) (!) (f) (~) Drainage rights-of-way. Drinking places (alcoholic beverages) (accessory to an eating place and civic, social, and fraternal organizations). Detached single-family dwelling (for security purposes). Horticultural services. Manufacturing: (i) Bakery products. (ii) Candy and other confectionery products. (iii) Chocolate and cocoa products. One (1) mobile home for security purposes for property. Retail trade: (i) Fuel and ice. (ii) Undistilled alcoholic beverages (accessory to retail sale of food). Struck through passages are deleted. added. --2-- Underlined passages are 2Z9 ~3~ (h) Sewage pressure control stations. ~,,,'~x (i)_ Sewage treatment plants. (i) (~) Water pipeline rights-of-way. ~ (~) Water pressure control stations. ~'"x (!) Water storage. (1) (~) Water treatment plants (purification). PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to Janury 1, 1969, 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 AND APPLICABILITY. 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 D. 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 E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. Struck ~ ..... ~ passages are deleted added. --3-- Underlined passages are 573 BOOK 230 PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger Aye Vice Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Judy Culpepper Aye Commissioner Jim Minix Aye 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. ATTEST: PASSED AND DULY ADOPTED this 12th day of January, 1988. ST, LUC~[i, ~, :~ BOARD OF COUNTY COMMISSIQ~ERS APPROVE~AS TO FORM A~ CORRECTNESS: //'""~, Struck through passages are deleted. added. Underlined passages are 573 I~OOK -.- 231 S70 ;50 ORDINANCE NO. 88-5 (Formerly No. 87-89) AN ORDINANCE AMENDING SECTION 3.3.122(2)(b) OF THE SI. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY) TO PERMIT THE ACCEPTANCE OF APPLICATIONS FOR CHANGE IN ZONING FROM HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) TO PNRD (PLANNED NON-RESIDENTIAL DISTRICT), PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County. 1. On May, 17, 1984 the St. Lucie County Board of County Commissioners adopted ordinance 84-09 establishing the St. Lucie County Zoning Ordinance. 2. Section 3.3.122(2)(b) of the St. Lucie County Zoning Ordinance, specificly identifies those Zoning Districts for which appplications for change from HIRD (Hutchinson Island Residential District) may be accepted. 3. On October 27, 1987 the St. Lucie County Board of County Commissioners adopted Ordinance 87-67 establishing section 3.3.124, Planned Non-Residential District, in the St. Lucie County Zoning office. 4. Consistent with the intent of the planned Non-Residential Development District, the Board believes that the District may be appropriate for application on North and South Hutchinson Island. 5. On December 10, 1987, the St. Lucie County Planning and Zoning Commission and St. Lucie County Local Planning Agency held Struck through passages are deleted. added. 1 Underlined passages are 573 236 a public hearing, due notice of which had been published at least fifteen (15) days in advance, to consider amending Section 3.3.122(2)(b) of the St. Lucie County Zoning Ordinance. 6. The St. Lucie County Planning and Zoning Commission and the Local Plannin9 Agency recommended that the Board approve the proposed amendment. 7. On January 12, 1988, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing on the proposed amendment after publishing notice of that hearing in the Fort Pierce News Tribune on December 16, 1987. NOW, THEREFORE, BE IT ORDAINED by Commissioners of St. Lucie County, Florida: PART A. the Board of County AMENDMENT OF SECTION 3.3.122(2)(b), HUTCHINSON ISLAND ISLAND RESIDENTIAL DISTRICT. Section 3.3.122(2)(b) of the St. Lucie County Zoning Ordinance is hereby amended to read as follows: (b) No application for an amendment to this Ordinance shall be accepted which proposes to change the zoning classification of any land on North and South Hutchinson Island to a classification other than to Hutchinson Island Residential District (HIRD) or to Planned Unit Development (PUD); Commercial, Office (CO); Commercial, Neighborhood (CN); Commercial, General (CG); Utilities (U); or Institutional (I)? or Planned Non-Residential District (PNRD). Struck thrGu~h passages are deleted. added. 2 Underlined passages are oo 573 237 PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 D. SEVERABILITY AND APPLICABILITY. 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 receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that Office. Struck through passages are deleted. added. -3- Underlined passages are 573 BOOK PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger Aye Vice-Chairman Havert Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Jim Minix Aye PART I. Commissioner Judy Culpepper CODIFICATION. Aye Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the wordordinance" 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 I shall not be codified. A~cTEST: , PASSED AND DULY ADOPTED this 12th day of January, 1988.. BOARD OF C_ % TY C0 SS ON, ERS ST. LUC,~E CDUNTY, ~0RIDA' S70650 '~ FILE,L /. ' ' DOUGh.,-, :. , ..... ST. LUC;[ ~-' ' ~ ~ua~ ~ ..... ~ passages are deleted added. Underlined passages are 239 bOOR ,3--~ PAGE ?0- 55 ORDINANCE NO. 88-6 (Formerly No. 87-101) AN ORDINANCE AMENDING CHAPTER 1-13.5 (MUNICIPAL SERVICE TAXING UNITS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-13.5-5(a) (GENERAL PROCEDURE FOR CREATION OF UNITS) TO PROVIDE FOR A WRITTEN PETITION SIGNED BY A MAJORITY OF THE PROPERTY OWNERS; BY AMENDING SECTION 1-13.5-6(b) (PETITION FORM) UNDER PROCEDURE FOR ADOPTION, TO PROVIDE ADDITIONAL REQUIREMENTS; BY AMENDING SECTION 1-13.5-6 (PROCEDURE FOR ADOPTION), BY ADDING A NEW SUBSECTION (d), TO PROVIDE FOR AN INITIAL HEARING WHERE PETITION IS FILED; BY AMENDING SECTION 1- 13.5-6, BY CHANGING THE PREVIOUS SUBSECTION (d) (PETITION REVIEW) TO SUBSECTION (e) (PROJECT REVIEW)~ AND PROVIDING FOR PREPARATION OF A REPORT BY THE COUNTY ENGINEER; BY AMENDING SECTION 1-13.5-6, TO RENUMBER THE REMAINING PARAGRAPHS; AND BY AMENDING SECTION 1-13.5-8 (CONTRACTS) TO ADD LANGUAGE TO CLARIFY THAT AFTER THE ADOPTION OF THE RESOLUTION AUTHORIZING THE IMPROVEMENT, THE BOARD SHALL ENTER INTO CONTRACTS AND AGREEMENT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PRO%~/.DING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(a), Florida Statutes, authorizes this Board to create municipal service taxing units. 2. The amendment of Chapter 1-13.5 of the Code of Ordinances of St. Lucie County, Florida, to provide for initial hearing; to add language for clarification; and to provide for substantive changes; is in the best interest of the health, Struck ~ ..... ~ passages are deleted. Underlined passages are added. ,oo ° 573 safety, and 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. CHAPTER 1-13.5 (MUNICIPAL SERVICE TAXING UNITS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY IS HEREBY AMENDED AS FOLLOWS: MUNICIPAL SERVICE TAXING UNITS Section 1-13.5-5. General Procedure for Creation of Units. (a) The Board of County Commissioners, upon its own motion or upon written petition by a majority of the affected proDert¥ owners, shall determine whether creation of a proposed municipal service taxing unit may be of benefit to the real and personal property within the boundaries of such unit. (b) The Board may provide for the payment of a part or all of the costs of an~ improvements under this ordinance above by levying and collecting special assessments on the abutting, adjoining, contiguous or other property specially benefited by the improvements provided herein. (c) Property owners, as referred to in this chapter, shall include any persons7 firm, partnership, ccrpcrration or other legal entity holding title to any property which would be liable for special assessments hereunder if said special assessment were made. The requirements for a majority of such property owners, as provided below, shall mean no less than fifty-one (51) per cent of the owners in number and, where front footage is used as an assessment basis, at least fifty-one (51) per cent ~ .... '- ~ ...... passages are deleted, Underlined passages are added, --2-- °" 260 of ~he owners as measured by front footage of the lands liable to be assessed for said improvements hereunder. (d) The Board of County Commissioners, at the Board's option, may place a question concerning the creation of a proposed municipal service taxing unit on the ballot at any primary election, general election or otherwise called special election as provided by general law, to obtain an expression from qualified electors residing within the proposed unit as to whether the proposed unit should be created. The cost of the election shall be added to the cost of the improvements in the event the Board determines to create the proposed taxing unit. Provided, however, the results or.any election held pursuant to this section are not binding on the Board. (e) Method of assessment. Special assessments against property deemed to be benefited by said improvements as provided in this ordinance shall be assessed upon the property specially benefited by the improvement in proportion to the special benefits to be determined and prorated according to the foot frontage of the respective properties specially benefited by said improvement or by such other lawful method, including ad valorem taxation and service charges, as the Board may prescribe by resolution. Section 1-13.5-6. Procedure for Adoption. (a) Initial Petition. Property owners may petition the Board of County Commissioners for the County Engineer to provide a preliminary estimate of the cost of construction for requested Stz-~uck through passages are deleted. added. --3-- Underlined passages are improvements under the provisions of this chapter. The County Engineer shall provide the petition form to any interested person. Signatures on the petition and the fact of execution by a majority of such property owners shall be verified by the County Engineer upon the basis of information in the public records. (b) Petition Form. The form of petition referred to in subsection (a) above shall be approved by the County Attorney as to legal form and sufficiency and shall require a description of the proposed improvements and a statement that the petitioners request that the improvements be constructed and that they recognize that the determination of special assessments will be made by the Board of County Commissioners at a public hearing; and that they agree to be assessed for the actual cost for construction of the improvements including other allowable incidental costs connected therewith, in an amount not to exceed the maximum allowed by this chapter. The petition form shall contain a statement notif¥inq the petitioners that the costs of preparing the plans, specifications, and cost estimates required for the project may be assessed aqains~ the property owners in the event the project is not approved. (c) Priority of Petitions and Recordkeeping. Petitions heretofore received shall be processed in the order in which the~ are received and shall be considered at an appropriate entry level within the procedural requi=ements established by ~h/s chapter. All petitions hereafter received for Struck =~ ..... ~ passages are deleted added. --4-- Underlined passages are 573 BOOK 202 consideration under this chapter shall be numbered in the order in which they are received. The County Engineer shall maintain a tabulation of numbered petitions along with the dates of filing, hearings, preliminary estimates and the final cost. (d) Initial Hearing Where Petition is Filed. Upon receipt of a petition to create a Municipal Service Taxing Unit (MSTU) that complies with this ordinance, the County Engineer shall submit the petition and a rough estimate of the cost of the proposed project to the Board of County Commissioners and shall request permission to advertise a public hearinq to determine the need for the proposed project, the percentaqe of public and private benefits and the method of assessment. At the time set for the initial public hearing, the Board shall hear objections of interested persons and shall make an initial determination as to whether the project is in the best interest of the health, safety and welfare of St. Lucie County, and if so, the ~ercentaqe of public and private benefits which will result from the proposed improvements, and the method to be used in assessing specially benefited property. That percentage of the benefits of the improvements which the Board finds accrues to the public shall be the percentage of the cost of improvements borne by the County. Upon making the above determinations, the Board of County Commissioners shall adopt a resolution statin~ its determinations and authorizing the County Engineer to proceed with the project pursuant to the procedure stated in this ordinance. St~--~ck ~..~..~ passages are deleted. added~ --5-- Underlined passages are 573 263 Notice of the initial public hearing required by this section shall be published twice in a daily newspaper of general circulation in St. Lucie County once not less than twenty-on~ (21) days and once not more than seven (7) days before the date of such public hearing. In addition, notice shall be mailed to the record title holder of any property to be specially assessed at least fourteen (14) days prior to the date of the public hearinG. The notice shall include a brief description of the project, a description of the specially benefited property, tho proposed action to be taken by the Board and the time, date, and place of the hearinG. An initial hearing is not required if the Board determines on its own motion to direct the County Engineer to prepare a report as set out below. ,~,, (e) Project Review. authorization to proceed with the project the County Engineer shall ~ prepare a report, accompanied by a map and other pertinent data, setting forth: (1) The boundaries of the proposed unit and his recommendations as to any territory within such boundaries which should be excluded from the unit because of the disproportionate cost of providing for such territory the improvements or services requested or for any other reason. (2) The location or locations of any improvements to be acquired, leased or installed. ~ ...... ~ ..... ~ passages are deleted. added~ --6-- Underlined passages are °" 573 264 (3) An estimate of the cost of such improvements. (4) An estimate of the annual expense of operating any such improvements and providing such services. All such improvements shall be constructed to County standards. An estimate of fees, direct charges, engineering costs and administrative costs shall be included in the preliminary estimate. The Board of County Commissioners may, upon its own motion, direct the County Engineer to prepare a report for specified improvements even though no petition of property owners has been presented or the majority ownership condition is not met. In any case, the County Engineer shall include with his report a list of specially affected property owners and the status of any petitions. Upon completion of the report and the approval of the Board of the percentage of cost to be specially assessed and the method of such assessment in situations where such approval is required by this chapter, the County Engineer shall either prepare a preliminary assessment roll which will indicate the tentative assessment for each parcel or prepare an estimate of the maximum annual assessment per one thousand dollars ($1,OO0.00) or fraction thereof of assessed value on all real and personal property in the unit, excluding homesteads, that will be necessar~ to finance such improvements or services. Such assessment shall be based upon a method of assessment specifically provided by this chapter or authorized by the Board of County Commissioners. passages are deleted. --7-- Underlined passages are BOOK Thereafter, if the Board so directs, all specially benefited property owners shall then be notified of an informational meeting with the County Engineer, at which the County Engineer will explain the proposed improvements, the tentative assessment to each property, and the procedure thereafter to be followed. Other necessary county personnel will attend said meeting as directed by the Board. The notification required to be given for such meeting to be held by the County Engineer shall consist of a notice Dublished in a local newspaper of general circulation in St. Lucie County. Said publication shall be made once at least ten (10) days before the informational meeting date. An additional courtesy notice of the County Engineer shall also be mailed to each property owner, by regular mail, no less than ten (10) days prior to the informational meeting date. The mail notice shall be based on names and addresses found in the records of the Propert~ Appraiser or from such other sources the County Engineer deems reliable. The mailed notice shall include the property owners' tentative assessment applicable to the property to be assessed, provided, however, that in lieu of an informational meeting, the County Engineer may distribute by regular mail, a comprehensive and detailed explanation of the proposed improvements and the reasons why same are necessary. ~ (f) Percentage of Cost; Further Procedures. Upon completion of the preparation of the report and compliance with the requirements of subsection ~ (e) of this section, the Struck ~.~..~ passages are deleted. added. --8-- Underlined passages are County Enuineer shall proceed to bring the subject improvements to the Board of County Commissioners for permission to advertise e the second public hearing thereon. Provided, however, that the Board of County Commissioners at any time, in its sole discretion, may reject the petition or project for any further consideration. ~ (g) Second Public Hearing. Prior to awarding the contract for construction of the subject improvements for which special assessments or ad valorem taxes will be levied, the Board of County Commissioners shall hold a second public hearing on the proposed project unless the Board determines to reject the project from further consideration. The County Engineer shall notify property owners owning property liable to be taxed or specially assessed hereunder by regular mail of the time and place of said public hearing. The mailed notices shall advise each property owner of the estimated maximum annual assessment per one thousand dollars ($1,O00.O0), or fraction thereof, of all lawfully taxable real and personal propert~ or of the individual estimated special assessment, per parcel, including other allowable costs and the percentage and method of assessment determined in accordance with the above provisions of this chapter. The public hearing should be held no sooner than two (2) weeks after the mailing of the notices described in this paragraph. Addresses for mailed notices shall be obtained by the County Engineer from the records of the Prope_~ Appraiser or from other sources as the County Engineer deems reliable. In ~--'-~' tP~ou~h passages are deleted. added. --9-- Underlined passages are °o 573 267 addition, a notice shall be published twice in a daily newspaper of general circulation in St. Lucie County, once not less than twenty-one (21) days and once not more than seven (7) days before the date of such public hearing. The notice shall include a brief description of the project, a description of the specially benefited property, the proposed action to be taken by the Board, and the time, date and place of the hearing. In the event of a determination to proceed with the project, after said public hearing the Board of County Commissioners shall so proceed by resolution as provided for in subparagraph ~3~ (h) of this section. At said public hearing the owners of the property to be assessed or any other persons interested may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making such improvements, as to the costs thereof, as to the manner of payment thereof, and as to the amount thereof to be specially assessed against each property so improved. At the public hearing, if special assessments are proposed, the Coun~ Engineer shall also present to the Board of County Commissioners a preliminary asssessment roll prepared in accordance with the method and percentage of assessment provided for by this chapter. Said assessment roll shall show the lots and lands assessed, the amount of the benefit to and the assessment against each lot or parcel of land, and if said special assessment is to be paid in installments, the number of annual installments ~nto which the special assessment is divided shall also be entered and shown upon said assessment roll. Struck thrcu~h passages are deleted. added~ -10- Underlined passages are At the time and place named in the notice of public hearing for special assessments, the Board of County Commissioners shall meet as an equalizing Board to hear and consider any and all complaints as to such special assessments and shall adjust and equalize the assessments on the basis of just and right and when so equalized and approved by resolution of the Board of County Commissioners, such assessment shall stand affirmed and remain legal, valid and binding as a first lien upon the property against which such assessment is made, until paid; provided, however, that upon completion of the improvements the Board of County Commissioners shall credit to each of said assessments the difference in the assessment as originally made, approved and confirmed above and the proportionate part of the actual costs of said improvement to be paid by special assessments finally determined upon completion of said improvement, provided that in no event shall the final assessments exceed the amount of benefits orig-inally assessed by the Board of County Commissioners. Promptly after such confirmation of assessment, the final assessment shall be recorded by the Clerk of the Board of County Commissioners in a special book to be known as the "Improvements Lien Book" and the record of the lien in said book shall constitute prima facie evidence of its validity. Notwithstanding the above, a copy of the resolution referred to above shall be recorded in the official records of the Clerk of the Circuit Court of St. Lucie County so as to facilitate knowledge thereof by third parties. ~ ....... ~ ..... ~ passages are deleted. Underlined passages are aclde d. 573 269 ~00~ ~3~ (h) Resolution Creating Unit. If the Board finds, after the advertised second public hearing, that the improvements would be of benefit to the real and personal property within the boundaries of the proposed unit, that the cost of providing such improvements and services is not in excess of the benefit gained, and the creation of such unit would be in the public interest, it shall adopt a resolution providing for the creation of the unit. In addition to such findings, the resolution shall set forth the following: (1) The name or designation by which the unit shall be known. (2) The boundaries of the unit. (3) The improvements or services to be provided in the unit. (4) The method of assessment approved by the Board. ~,,~'=' (i) Declare Special Assessment. In the event the Board of County Commissioners determines to proceed to make any improvements authorized by this chapter and to defra~ part of the expense thereof by special assessments, the Board shall so declare, by resolution as provided for in paragraph ~ (h), stating the nature of the proposed improvement, designating the areas to be so improved, the method in which said assessments shall be made, and when said assessments are to be paid. Said resolution shall also designate the lands upon which the special assessment shall be levied and shall also state the total estimated costs of the improvement. Such estimated costs shall include an estimate of construction costs, right-of-way costs, °~--'-" ~ ..... ~ passages are deleted. added_ --~2-- Underlined passages ere ,oo, 270 borrowing costs and consultant fees, permit fees, the cost of 'preliminary and other surveys, inspections, and superintendence of the Work, the preparation of the plans and specifications and the estimate, the printing, mailing, and publishing of notices and proceedings, the preparation of certificates, bonds and any other expense necessary or proper. If the Board determines the project should proceed, the Board shall authorize staff to advertise requests for proposals and bids for engineering, construction and financing of the project. Section 1-13.5-7. Proceedings by County Engineer Subsequent to Hearing. (a) Upon receiving authorization to proceed, the County Engineer may publish requests for proposals for engineering services to prepare the plans, specifications and cost estimate for the project. (b) The Budget Officer/Purchasing Agent may publish requests for bids for construction and financing of the project pursuant to the plans and specifications. Section 1-13.5-8. Contracts. After the adoption of the resolution authorizing the improvement, the Board shall enter into such contracts and aqreements with such companies, municipalities and special districts as the Board may determine are necessary to provide the improvements or services for which each unit authorized by this chapter was created. Struck ~-~,,~ passages are deleted. Underlined passages are added. -13- B 0, 573 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 circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART D. APPLICABILITY. This ordinance shall be applicable throughout St. Lucie County's jurisdiction except where in conflict with a municipal ordinance ot the extent of such conflict. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE. This ordinance shall become effective upon adoption by the Board of County Commissioners of St. Lucie County, Florida, and upon receipt of acknowledgement by the Department of State. Struck through passages are deleted. added. -14- Underlined passages are 573 PART G. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Jack Krieger Aye Vice Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Judy Culpepper Aye Commissioner Jim Minix Aye PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the County 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 by the Board of County Commissioners of St. Lucie County, Florida, this t9th day of January, 1988. 670655 'B8 ~ 27 PI2 ST. LUC~ SOlD O~ COUN~ CO~ZSS~O"~~ BY: APPROVED AS TO FORM ~ORRECTNESS: Struck ....... ~,~,,= passages are deleted. added, -15- Underlined passages are 573 273 (Formerly No. 87-63)  AN ORDINANCE AMENDING THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE CODE AND COMPILED LAWS) TO CLARIFY REQUIREMENTS FOR THE CHANGE OR ALTERATION OF AN EXISTING MOBILE HOME OR RECREATIONAL VEHICLE PARK SPACE; AMENDING SECTIONS 3.3.120 RECREATIONAL VEHICLE PARK) AND 3.3.122 ISLAND RESIDENTIAL DISTRICT); ~VIDING THAT NO CHANGE OR ALTERATION OF AN EX iTING SPACE EXCEPT FOR MAINTENENACE AND RE] R SHALL BE PERMITTED; PROVIDING THAT ED WOOD DECKS IN ADDITION TO SCREEN ROOMS SETBACK ALTERATI( DECK OBTAINED; ELECTRICAL, ROOM TO BE A ST. LUCIE OR STATE OF FLI TO SECTION 489.1 PROVIDING FOR SEVERABILITY AND AP FILING WITH THE PROVIDING AN EFFE( ADOPTION AND CODI] MAY BE PERMITTED IF THE IG ANY STEPS CONSTRUCTED MEETS REQUIREMENTS; PERMITTING OF THE CONTOUR OF THE RO01 THE ERECTION OF AN ELE' A BUILDING PERMIT ALL PLUMBING WORK )RMED BY A C( CERTIFI( CERTIF2 THE ; WOOD BEEN A SCREEN HOLDING OF COMPETENCY OR PURSUANT STATUTES; PROVISIONS, ~BILITY; PROVIDING FOR OF STATE; PROVIDING FOR )N. WHEREAS, the of County ssioners of St. Lucie County, Florida, ha: determined that it is~'n the best interest / of the citizens oFSt. Lucie County to amend th~ zoning ordinance clarify th~requirements for the change or a~eration of an to _/ existing/ -m°~le_h°me or recreational vehicle park ~pace% in the ~ ~ ~ ~ ~ ~ ~ ~ o z~o n ~ne~ idC~set r iPcatrsk' and Hutchinson Island ~sidential NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ST. LUCIE COUNTY, FLORIDA: Struck ~..~,,~ passages are deleted. added. -1- Underlined passages are PART A. AMENDMENT OF SECTION 3.3.120 Section 3.3.120 (RVP Recreational Vehicle Park) of Appendix A of the St. Lucie County Code and Compiled Laws is hereby amended to read as follows: (1) Changes to Existing Recreational Vehicle Park Spaces: Screen Rooms and Elevated Wood Decks No change or alteration of an existing recreational vehicle park space except for maintenance and repair of the recreational vehicle shall be p ....... It t ~i --~ all ..... = ....... = th~ d~t~ct Screen rooms and elevated wood decks may be permitted, subject to the following requirements: i. Screen rooms and elevated wood decks shall be at least eight (8) feet from rear and side lot lines and ten (10) feet from front lot lines and shall not extend beyond the front of the recreational vehicle or travel trailer. Any steps constructed for ingress and egress may not encroach into any required setback. No building or structure,~ ~dd~t .... ~-= any ~..~,"=-~ except aluminum screen rooms with vinyl plastic windows and elevated wood decks as hereinafter provided, shall be erected on any lot in a Recreational Vehicle Park. Alteration of the contour of the roofline is permitted. ii. Struck through passages are deleted. added. --2-- Underlined passages are iii. iv. vi. The wall enclosure of screen rooms shall not be less than sixty-five (65) percent screen; imperivous surfaces of the screen room shall not exceed thirty-five (35) percent of the total screen room area. Only vinyl windows, snap-ins, snap-ons, or roll-down windbreaks shall be allowed. No glass or plexiglass window or glass or plexiglass kick panel shall be permitted in screen rooms. Screen rooms must be securely attached to the trailer, must meet applicable Standard Building Code requirements, and must be removed when the trailer is moved from the lot. No freestanding screen room shall be permitted. No screen room or elevated wood deck shall be erected unless a permit has been obtained from the County Development Coordinator's Office. Plans for screen rooms shall be submitted to the County Development Coordinator's Office for approval. Plans must carry the seal of a registered Florida architect or engineer and must be accompanied by an affidavit from the architect or engineer stating that the structure meets or exceeds Standard Building Code requirements. Ail construction, electrical, and plumbing work must be performed Struck ~ ..... ~ passages are deleted added. -3- Underlined passages are by a contractor holding a St. Lucie County certificate of competency or State of Florida certification or the permit for such work must be obtained pursuant to the provisions for owner/builders in Section 489.103(7), Florida Statutes. PART B. Amendment of Section 3.3.122 Section 3.3.122 (HIRD Hutchinson Island Residential District) of Appendix A of the St. Lucie County Code and Compiled Laws is hereby amended to read as follows: 1. Existing Mobile Home and Recreational Vehicle Park Spaces ii. Notwithstanding any other provision of this section, any mobile home or any recreational vehicle park space located in this district shall be considered an existing conditional use under Section 5.4.650 if and only if: i. The mobile home has been erected and occupied, or the recreational vehicle park space constructed and used, prior to the effective date of this Ordinance; and the mobile home or recreational vehicle park space was a fully conforming use on the effective date of this Ordinance. No change or alteration of an existing mobile home or recreational vehicle park space except for Struck =~..~,,~ passages are deleted. added. --4-- Underlined passages are ii. iii. maintenance and repair of the mobile home or recreational vehicle shall be permitted. ~ ~ ~ ~ ..... ~ ~11 ..... ~ ~ of ........... h~l~~ space, ~, h~owever, 4~%e~ in Condominium Travel Trailer Subdivisions, screen rooms and elevated wood decks may be permitted, subject to the following requirements: i. Screen rooms and elevated wood decks shall be at least eight (8) feet from rear and side lot lines and ten (10) feet from front lot lines and shall not extend beyond the front of the recreational vehicle or travel trailer. Any steps constructed for ingress and egress may not encroach into any required setback. No building~o__r structure~ ~, ~dd,t .... of ~..~,'-:~ except aluminum screen rooms with vinyl plastic windows and elevated wood decks as hereinafter provided, shall be erected on any lot in a Condominium Travel Trailer Subdivision. Alteration of the contour of the roof is permitted. The wall enclosure of screen rooms shall not be less than sixty-five (65) percent screen: impervious surfaces of the screen room shall Struck ~.,-~.,~ passages are deleted. added. -5- Underlined passages are iv. vi. not exceed thirty-five (35) percent of the total screen room area. Only vinyl windows, snap-ins, snap-ons, or roll down windbreaks shall be allowed. No glass or plexiglass window or glass or plexiglass kick panel shall be permitted in screen rooms. Screen rooms must be securely attached to the trailer, must meet applicable Standard Building Code requirements, and must be removed when the trailer is moved from the lot. No free standing screen room shall be permitted. No screen room or elevated wood deck shall be erected unless a permit has been obtained from the County Development Coordinator's Office. Plans for screen rooms shall be submitted to the County Development Coordinator's Office for approval. Plans must carry the seal of a registered Florida architect or engineer and must be accompanied by an affidavit from the architect or engineer stating that the structure meets or exceeds Standard Building Code requirements. All construction, electrical and plumbing work must be performed by a contractor holding a St. Lucie County certificate of competency or State of Florida certification or the permit for such work must Struck ~,~ passages are deleted. added. -6- Underlined passages are be obtained pursuant to the provisions for owner/builders in Section 489.103(7) Florida Statutes. c. Nothing in this subsection shall be deemed to render conforming any existing structure that: i. if a mobile home or an accessory structure to a mobile home fails to meet the requirements of the RMH-5 District; or ii. If located on a recreational vehicle park space, fails to meet the requirements of the RVP District. PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 D. SEVERABILITY AND APPLICABILITY. 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. ...... ~,, passages are deleted. added. -7- Underlined passages are 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 receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger XX Vice-Chairman Havert L. Fenn XX Commissioner R. Dale Trefelner XX Commissioner Jim Minix XX Commissioner Judy Culpepper XX PART H. 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this XX day of XX, 1987. Struck ~,,~.,~ passages are deleted. added. -8- Underlined passages are ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Struck through passages are deleted. added. -9- Underlined passages are ORDINANCE NO. 88-9 (Formerly No. 87-83) AN ORDINANCE AMENDING SECTION 5.5.300 (LIMITATIONS ON VARIANCES) OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS); DELETING THE LIMITATION WHICH PRECLUDES A BUILDING OR STRUCTURE FROM HAVING A HEIGHT IN EXCESS OF ONE HUNDRED AND TWENTY PERCENT OF THAT PERMITTED BY TABLE 1 OF SECTION 3.2.400; DELETING THE LIMITATION WHICH PRECLUDES A LOT WIDTH, ROAD FRONTAGE, OR YARD LESS THAN EIGHTY PERCENT OF THAT PERMITTED BY TABLE 1 OF SECTION 3.2.400; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARMTENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. ~~~ ~~ ~ j j_~j-~~ WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 5.5.300 of the St. Lucie County Zoning Ordinance presently precludes the granting of a variance that would permit a building or structure to have a height in excess of one hundred and twenty percent of that permitted by Table 1 of Section 3.2.400 or that would permit a lot width, road frontage, or yard less than eighty percent of that permitted by Table 1. 2. Section 5.5.200 of the St. Lucie County Zoning Ordinance provides standards for the granting of a variance and prohibits the granting of a variance unless the Board of Adjustment makes specific findings of fact. 3. In view of the requirements of Section 5.5.200 which will adequately protect the integrity of the zoning ordinance, it is in the best interests of the citizens of St. Lucie County to delete the percentage limitations on the granting of variances. ~°~'- ~,,~,,~ passages are deleted. added. 1 Underlined passages are NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: PART A: AMENDMENT OF SECTION 5. §. 300 (LIMITATIONS ON VARIANCES) OF APPENDIX A OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS Section §.§.300, Limitations on Variances, of the St. Lucie County Zoning Ordinance is hereby amended to read as follows: Section §. 5. 300. Limitations On Variances ~/ ........... hull -~ ~ ~ ~ ...... ~ ....... that ,~id ~, D ...... t ~ building ~ ~t~t~ to hav~ a height in Table, except: (1)(i) In the case of nonconforming lots of record, that a variance to construct a single-family dwelling on such a lot shall be governed by the provisions of Section 3.2.902(4), (2)(il)In the AG (Agricultural) District, road frontage of less than one hundred and twenty (120)sixty (60) feet may be permitted on parcels of ten (10) acres or more in total area. (3) Variances shall not be granted that would: (b)(a) Permit the use of land or structure contrary to the use provisions of Section 3.3.100; or ...... through passages are deleted. added. --2-- Underlined passages are (c)(b) Permit a building or structure in the HIRD (Hutchinson Island Residential District) to have a height in excess of one hundred and twenty-five (125) feet. (2)(4) No variance from the dimensional requirements of Section 3.0.000 shall be valid for a period longer than twelve (12) months unless a building permit is issued. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 AND APPLICABILITY. 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 D. 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. ...... through passages are deleted. added. -3- Underlined passages are PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger XX Vice-Chairman Havert L. Fenn XX Commissioner R. Dale Trefelner XX Commissioner Judy Culpepper XX Commissioner Jim Minix XX 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. Struck ~ ..... ~ passages are deleted added. -4- Underlined passages are PASSED AND DULY ADOPTED this XX day of XX, 1987. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY °~ .... '- ~ ..... ~ passages are deleted. added. --5-- Underlined passages are S72G01 ORDINANCE NO. 88-11 (Formerly No. 87-3) AN ORDINANCE AMENDING CHAPTER 1-3 "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; THEREBY PROVIDING FOR LEGISLATIVE AUTHORIZATION, FINDINGS OF FACT AND DEFINITIONS; PROVIDING FURTHER FOR THE PROHIBITION OF CERTAIN ACTIVITIES RELATING TO THE DISPLAY OR DEPICTION OF SPECIFIED ANATOMICAL AREAS OR SPECIFIED SEXUAL ACTIVITIES AT ESTABLISHMENTS AT WHICH ALCOHOLIC BEVERAGES ARE PRESENT, OR ARE AVAILABLE TO BE, SOLD, DISPENSED, CONSUMED, POSSESSED OR OFFERED FOR SALE OR CONSUMPTION ON THE PREMISES; PROVIDING FOR PROOF AND PENALTIES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, APPLICABILITY AND FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has determined to adopt this ordinance for the reasons set out in Sections 1-3-10 and 1-3-11 of the ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THAT: PART A. CHAPTER 1-3 "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED AS FOLLOWS: Section 1-3-10. Leqislative Authorization. This ordinance is enacted in the interest of the public health, peace, safety, and general welfare of the citizens and inhabitants of St. Lucie County, Florida, pursuant to Article VIII, Section l(f), of the Florida Constitution and Section 125.01(1)(o) and (w) of the Florida Statutes (1985), and under the authority of the County to regulate the sale and consumption of alcoholic beveraqes, pursuant to the Twenty-First Amendment to ...... '- ~= ..... ~ passages are deleted. added. --1-- Underlined passages are the Constitution of the United States. New York State Liquor Authority v. Bellanca, 452 U. S. 714 (1981); City of Daytona Beach v. Del Percio, 476 So.2d 197 (Fla. 1985) Section 1-3-11. Findings of Fact. The Board of County Commissioners of St. Lucie County, Florida, finds that: (a) There is presently in the unincorporated area of St. Lucie County, Florida, a trend toward the display or depiction of specified anatomical areas or specified sexual acts by ~ho establishments subject hereto. (b) The display or depiction of specified anatomical areas or specified sexual acts is adverse to the public's interest in the quality of life, tone of commerce and total community environment in St. Lucie County. (c) The display or depiction of specified anatomical arean or specified anatomical areas or specified sexual acts frequently occurs in commercial establishments either sellinq or allowing consumption of alcoholic beverages on the premises. (d) There is a direct relationship between the consumption of alcoholic beverages and the display or depiction of specified anatomical areas or specified sexual acts mentioned above, prohibited hereunder, and more fully described hereinafter and an increase in criminal activities, and disturbances of the peace and qood order of the community, and the concurrenc~ of thesn ~ctivities is hazardous to the health and safet~ of those personn in attendance, and tends to depreciate the value of adjoining Struck ~,,~,,= passages are deleted. added_ -2- Underlined passages are 574 ~00~ property and harm the economic welfare of the community as a whole. (e) The combination of the sale or consumption of alcoholia beverages with the display or depiction of specified anatomical areas or specified sexual acts is adverse to the public'~ interest in the quality of life, tone of commerce and total community environment in St. Lucie County. (f) In order to preserve the public peace and good order, and to safeguard the health, safety, and welfare of the county and citizens thereof, it is necessary and advisable to regulate the display or depiction of specified anatomical areas or specified sexual acts in commercial establishments at which alcoholic beveraqes are, or are available to be sold or consumed. (g) In order to preserve the public peace and good order, and to safequard the health, safety, and welfare of the county and citizens thereof, it is necesary and advisable to requlata and restrict the conduct of owners, operators, agents, employees, entertainers, performers, patrons, spectators and persons on th~ premises of the commercial establishments subject hereto. Section 1-3-12. Int-nt of Ordinance. The intent of the Board of County Commissioners of St. Lucie Counter, Florida, in adopting this ordinance is: (a) To regulate the display or depiction of specified anatomical areas or specified sexual activities, as defined, in commercial establishments at which alcoholic 'beverages, beer or wine is, or is available to be, sold, dispensed or consumed; ~----'-~ t~ou~h passages are deleted. added. -3- Underlined passages are (b) To regulate the performance of straddle dancinG, as defined, in commercial establishments at which alcoholic beverages, beer or wine is, or is available to be, sold, dispensed or consumed; and (c) To regulate conduct and activities which encourage the display or depiction of specified anatomical areas or specified sexual activities in commercial establishments at which alcoholic beverages, beer or wine is, or is available to be, sold, dispensed or consumed. Section 1-3-13. Definitions. The following definitions shall apply in this ordinance: (a) "Alcoholic beverage" means all beverages containing more than one percent (1%) of alcohol by weight, including beer and wine. (b) "Board" means the Board of County Commissioners of St. Lucie County, Florida. (c) "Commercial" means operated for pecuniary gain, which shall be presumed for any establishment which has received an occupational license. For purposes of this ordinance, operating for pecuniary gain shall not depend on actual profit or loss. (d) "Establishment" means a physical plant or location or the commercial activities or operations being conducted, or both tog_ether, as the context of this ordinance may require. (e) "Person" means individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, Struck ~.~..~ passages are deleted. added. --6-- Underlined passages are ~00~ syndicates, fiduciaries, corporations, Government officials, government entities and all other groups or combinations. (f) "Premises" means a physical plant or location which is enclosed by walls or any other enclosing structural device, or which is covered by a single roof or with a single shared entrance, if not covered by a single roof, and shall include any structure, structures or land, or contiquous structures or land, within 500 feet of the physical plant or location where such structures or land and the physical plant or location are un, er common ownership, control or possession. (~) "Specified Anatomical Areas" means less than opaquely covered: (a) human genitals; (b) human pubic region; (c) human female breasts at or directly below tho areola. This prohibition shall include the entirm lower portion of the female breast but shall not bm interpreted to include any portion of the cleavagm of the breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearinq apparel, provided the areola is not so exposed. (d) human male genitals in a discernible turgid state, even if completely and opaquely covered; (e) human buttocks. (h) "Specified Sexual Activities" means: (1) human qenitals in a state of sexual stimulation, arousal or tumescence; (2) acts of human adamuti~, analin~us, bestiality, buggery, cunnilinqus, coprODhaqv, coDrophilia, fellatio, flaqellation, frottage, h%~Dhephilia, masochism, masturbation, sadism, sadomasochism, sexual intercourse, sodomy, or urolagnia; St~--~ck through passages are deleted. added. -5- Underlined passages are 574 E, OOK (3) fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; (4) excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above. (i) "Straddle Dance" also known as a "lap dance" or "facedance" means the use by an employee, whether clothed or not, of any part of his or her body to massage, rub, stroke, knead, caress or fondle the genital or pubic area of a patron, while on the premises, or the placing of the genital or pubic area of an employee in contact with the face of a patron, while on the premises. Section 1-3-14. Prohibition of Certai~ Activities. (a) It shall be unlawful for any person, while on the premises of a commercial establishment at which alcoholic beverages are present, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises, to expose s~ecified anatomical areas while on the premises. (b) It shall be unlawful for any person owning, maintaining, operating or leasing any commercial establishment at which alcoholic beverages are present, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises to knowingly, or with reason to know, suffer, permit or allow any person on the premises to violate sub- paragraph (a) of this Section. St~--~ck ~.~..~ passages are deleted. added. -6- Underlined passages are 0~ A 1082 (c) It shall be unlawful for any person, while on the premises of a commercial establishment at which alcoholic beverages are present, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises to enqage in or simulate any specified sexual activities. (d) It shall be unlawful for any person, while on thm premises of a commercial establishment at which alcoholic beverages are present, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises, to participate in a straddle dance, as that term is defined herein. (e) It shall be unlawful for any person owninq, maintaining, operating or leasing a commercial establishment at which alcoholic beverages are present, Or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises, to knowingly or with reason to know, suffer, permit or allow any person to engage in or simulate any specified sexual activities on the premises. (f} It shall be unlawful for any person owning, maintaining, operaticq or leasing a commercial establishment at which alcoholic beverages are present, or available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises, to knowingly or with reason to know, suffer, ~rmit or allow any person to participate in a straddle dance on the premises, as that term is defined herein. passages are deleted --7-- Underline passages are 574 ~00~ (g) It shall be unlawful for any person, while on the premises of a commercial establishment at which alcoholic beverages are, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises, to use or be present in areas partitioned or screened from public view that are designed to be occupied together or alone by any person or persons on the premises of such establishment for thn purpose of enqaging in specified sexual activities or the exposure of specified anatomical areas. Notwithstanding any provisions of this ordinance to the contrary, it shall not be unlawful for any person to expose specified anatomical areas in connection with the use of approved sanitar~ facilities commonly known as rest rooms. However, specified anatomical areas shall be exposed or displayed only in connection with excretory functions. Section 1-3-15. Proof. (a) In all actions, civil or criminal, for violation of this ordinance, proof that the beverage was an alcoholic beverage, may be made by any person who, by experience in the past in handlin~ or use of alcoholic beverages, or who by taste, smell or drinkin~ of such liquids has knowledge of the presence of the alcoholic content thereof or the intoxicatinq effect thereof, may testify as to his or her opinion whether such beverage is an alcoholic beveraqeo Struck ~.~-~,.~ passages are deleted. added. -8- Underlined passages are 574 i~OOK (b) The presence of alcoholic content of any beverage, may be shown by hydrometer or gravity test made in or away from th~ presence of the fact finder by any person who has knowledge of the use of said instrument. Section 1-3-16. Penalties. (a) The Board may bring suit to restrain, enjoin or otherwise prevent the violation of this ordinance in the Circuit Court of St. Lucie County, Florida. (b) Violation of this ordinance is a misdemeanor pursuant-to Section 125.69, Florida Statutes, and iS punishable under said section by imprisonment for up to sixty (60) days or a fine of uD to five hundred and 0/100 dollars ($500.00), or both such imprisonment and fine. (c) If the owner, operator, lessor, lessee, manager, employer or any other person participating in the maintenance or operation of a commercial establishment at which alcoholic beveraqes are, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises violates this ordinance, the St. Lucie County Occupational License issued to such violator for said establishment may be revoked by action of the Board at a public hearing upon due notice. (d) If at any time the license for the commercial establishment is revoked pursuant to subsection (c) above, a~ least one (1) year shall elapse before another license may bn issued for the same establishment. Such license may be issued only after a public hearing held before the Board. St.~ck ~.~,....~-~' passages are deleted. added. -9- Underlined passages are PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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. PART D. APPLICABLLITYOF ORDINANCE. This ordinance shall be applicable throughout 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 on March 1, 1988. .......... ~.. passa es are deleted. added. Underlined passages are °" 574 , ,1086 PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART H. Chairman Jack Krieger Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jim Minix Commissioner Judy Culpepper CODIFICATION. Aye Aye Aye Aye Aye 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 renumbered or relettered to accomplish such intention; provided, however', that Parts B through H shall not be codified. ;" i' PASS~ ~ ,DULY ADOPTED this 26th day of January, 1988. ~ES~':" .//.'. /: SO~,U~ OF COU~Y CO~SS~ON~S' 872601 ~IU(kA$ OI~ION OL ERK ~T. LUCIE tffUN'FY. FL. St~--uck ~ ..... = ..... ~,, passages are deleted. added. -11- B APPROVF~p AS TO FORM aND ii-'i C0RR]~TNESS: Underlined passages are 574 ~oo~ , ORDINANCE NO. 88-12 AN ORDINANCE IMPOSING A LOCAL GOVERNMENT INFRASTRUCTURE ONE-CENT SURTAX ON CERTAIN TRANSACTIONS OCCURRING WITHIN ST. LUCIE' COUNTY FROM WHICH TAXES ARE PAYABLE TO THE STATE OF FLORIDA UNDER THE PROVISIONS OF PART I OF CHAPTER 212, FLORIDA STATUTES; PROVIDING THAT THE IMPOSITION OF THE SURTAX SHALL NOT BE EFFECTIVE UNLESS APPROVED AT A SPECIAL REFERENDUM ELECTION; PROVIDING THAT THE IMPOSITION SHALL BE EFFECTIVE FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS, BEGINNING JUNE 1, 1988; PROVIDING FOR DISTRIBUTION AMONG THE GOVERNMENTS OF ST. LUCIE COUNTY AND ELIGIBLE MUNICIPALITIES PURSUANT TO LAW; DIRECTING THE SUPERVISOR OF ELECTIONS TO HOLD A SPECIAL REFERENDUM ELECTION ON MARCH 8, 1988; PROVIDING BALLOT LANGUAGE AND A BRIEF DESCRIPTION OF CAPITAL PROJECTS; PROVIDING DEFINITION; DIRECTING THE CLERK OF CIRCUIT COURT TO ADVERTISE THE SPECIAL REFERENDUM ELECTION IN ACCORDANCE WITH LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE AND PROVIDING FOR CODIFICATION. WHEREAS, Section 212.055(2), Florida Statutes, (Ch. 87-239, Laws of Florida known as the "Local Government Infrastructure Commitment Act") authorizes St. Lucie County to impose a sales infrastructure surtax upon most taxable transactions occurring within St. Lucie County and taxable under Part I of Chapter 212 of the Florida Statutes; and, WHEREAS, such surtax may be imposed at a rate of one-half of one percent or one percent of the sales tax paid to the State of Florida for tranactions which are sub3ect to the state tax imposed under the provisions of Part I of Chapter 212, Florida Statutes; and Struck through passages are deleted. added. -1- Underlined passages are 573 ? 1483 ~00i~ WHEREAS, a one percent (1%) surtax would, under current State sales tax rates, result in a one cent (1¢) surtax on each one dollar ($1.00) sale; and, WHEREAS, moneys received from the sales surtax authorized by Section 212.055(2), Florida Statutes, shall be utilized by St. Lucie County and the municipalities of St. Lucie County to finance, plan and construct needed public buildings and facilities to benefit the citizens of St. Lucie County; and, WHEREAS, a brief general description of the projects to be funded is set forth in the ballot language contained in this ordinance. WHEREAS, St. Lucie County and its municipalities are presently without sufficient revenues to pay for public buildings and facilities to adequately serve the needs of the County; and, WHEREAS, adequate public buildings and facilities promotes the safe, efficient and uninterrupted provision of library, court, and police services in St. Lucie County; and, WHEREAS, the provision of adequate and efficient public buildings and facilities is a matter of great public concern to the people of the County; and, WHEREAS, Section 212.055(2), Florida Statutes, requires voter approval in a special referendum election prior to imposition of the sales surtax. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. ARTICLE V "DISCRETIONARY SALES SURTAX" IS HEREBY CREATED AND ADDED TO CHAPTER 1-19.3 "TAXATION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: Struck ~..~.,~ passages are deleted. added. -2- Underlined passages are °' 573 ~00# .Section 1-19.S-51. Authorization. This ordinance is authorized by Section 212.055(2), Florid~ Statutes (as added by Section 2 of Chapter 87-239, Laws of Florida) as amended and other applicable law. Seciton 1-19.3-52. Purpose. The levy herein of the sales surtax is to serve the public purpose of providing and making available to St. Lucie County and the eligible municipalities therein funds to finance, plan and construct public buildings and facilities for any or all of tho following public needs: libraries, government buildings, criminal ,justice facilities and administrative facilities, water and sewer utilities, solid waste facilities, roads, drainage, bridges, parks. The proceeds of the sales surtax may be pledged for th~ purpose of paying principal and interest on bonds issued t~ finance the foregoing public buildings and facilities. The salem surtax proceeds shall not be used to supplant or replace user fees or to reduce ad valorem taxes existing prior to the levy of this surtax. Neither the proceeds of the sales surtax nor any interest accrued thereto shall be used for operational expenses of the County or the cities. Section 1-19.3-53. Definition. Public Buildings and Facilities means public facilitiem which have a life expectancy of 5 or more years and any land acguisition, land improvement, design and engineering costm related thereto. The proceeds of the sales surtax may be Struck ~..~..~ passages are deleted. added. -3- Underlined passages are 573 BO0~ expended only for the purpose of paying fixed capital expenditures or fixed capital costs associated with the financing, planning, and construction, reconstruction or improvement of public buildings and facilities. Section 1-19.3-54. Imposition of Sales Surtax. There is hereby imposed and levied a one percent (1%) sales surtax upon any tax paid to the State of Florida pursuant to Part I of Chapter 212, Florida Statutes, which resulted from a taxable transaction occurring within St. Lucie County; provided, however, that the surtax shall not apply on the sales amount above $5,000.00 on any item of tangible personal property and on long distance telephone service unless the statutory exemption amount set forth at Section 212.054(2)(b), Florida Statutes, is amended in which case the amended exemption amount, if any, shall be utilized in lieu of the exemption amount stated herein. Section 1-19.3-55. Distribution of Surtax. In accordance with Section 212.055(2)(c), Florida Statutes (as added by Section 2, Chapter 87-239, Laws of Florida), proceeds of the sales surtax hereby imposed shall be divided and distributed among the County government and eligible municipalities based upon interlocal agreement or in the absence of interlocal agreement, by the formula provided in Section 218.62, Florida Statutes. Section 1-19.3-56. Special Referend,,m Election. (1) The sales surtax imposed and levied in Section 1- 19.3-54 of this ordinance shall not take effect unless and until Struck ~,,~,,~ passages are deleted. added. -4- Underlined passages are 573 ~00~ approved bva ma.jority of the qualified electors of the County voting in a special county-wide referendum election on fha surtax. (2) The Supervisor of Elections of St. Lucie County is hereby directed to hold the special referendum election on March 8, 1988, on the levy of a discretionary one-cent sales surtax as provided in the "Local Government Infrastructure Commitment Act", Ch. 87-239, Laws of Florida as amended. (3) The Supervisor of Elections of St. Lucie County shall cause the ballot question substantially in the followinq form to be placed on the ballot: OFFICIAL BALLOT APPROVAL OF SALES TAX TO FUND THE FINANCING, PLANNING, CONSTRUCTION, RECONSTRUCTION OR IMPROVEMENT OF PUBLIC BUILDINGS AND FACILITIES. To provide for the costs of public buildings and facilities, local governments in St. Lucie County propose to levy an additional sales tax equaling 1¢ per dollar sale for not exceeding 5 years. This new revenue would be used by the County to pay for libraries (South County, Main, Hurston Branch), Fort Pierce courthouse expansion, south county governmental annex, criminal .justice facilities, health department facilities, and by the Cities for other public facilities and structures and infrastructure. FOR THE 1 CENT SALES TAX AGAINST THE 1 CENT SALES TA~ (4) The Referendum election shall be held at the polling places designated in each precinct in St. Lucie County and bo conducted by election officials duly appointed by applicablo Struck ~ ..... ~ passages are deleted added. -5- Underlined passages are °" 573 I~OOK general law. The polls will be open at the votinq places from 7:00 a.m. to 7:00 p.m. on March 8, 1988. Absentee voting shall be permitted upon compliance with applicable law. (5) The County is hereby authorized to take all actions necessary, to include but not limited to, adoption of subsequent motions, resolutions and notices to place this issue for special referendum and to carry out the intent of this ordinance. Section 1-19.3-57. Advertisement. The Clerk of Circuit Court shall insure that notice of this referendum shall be advertised in accordance with the provisions of Section 100.342, Florida Statutes. Proof of publication shall be provided to the Chariman of the Board of County Commisioner~ for St. Lucie County. PART B. 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 C. 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. Struck ~ ..... ~ ...... ~,, passages are deleted. added. -6- Underlined passages are 573 ~,001( PART D. EFFECTIVE DATE. (a) The tax levied and imposed hereby shall be effective from June 1, 1988 to May 31, 1993, both inclusive, if approved in the special referendum election to be held on March 8, 1988. (b) This ordinance shall take effect when the Clerk of Circuit Court has received notification from the Secretary of State that this ordinance has been filed with the Secretary of State. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART F. Chairman Jack Krieger Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Judy Culpepper Commissioner Jim Minix CODIFICATION. Aye Aye Aye Aye Aye Upon approval by the electors of the tax imposed by this ordinance, 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. Struck ~ ..... ~ passages are deleted added. -7- Underlined passages are 573 , 1489 BO0~ PASSED AND DULY ADOPTED this 26th day of January, 1988. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. L~C~rE~COUNTY, FLORIDA A OUNTY A~~V F IL £ ? DOU~~ ST. ~c'/7_ '. A9:29 Struck ~ ..... ~ ...... ~.. passages are deleted. added. -8- Underlined passages are 573 I~00~ ORDINANCE NO. 88-14 AN ORDINANCE AMENDING CHAPTER 1-15, ARTICLE II OF THE ST. LUCIE COUNTY CODE OF ORDINANCES TO PROVIDE FOR HORSES ON THE BEACH UNDER THE CONDITIONS SPECIFIED IN SECTION 1-7.6-55(2); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY; PROVIDING APPLICABILITY; PROVIDING FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 1-15-25(a) of the St. Lucie County Code of Ordinances, adopted November 9, 1982, prohibits dogs and other animals on the beach. 2. Section 1-7.6-55(2) of the St. Lucie County Code of Ordinances, adopted December 1, 1986, prohibits horseback riding on or seaward of the primary dune during turtle nesting season without a permit. 3. The Board of County Commissioners, by adopting Section 1- 7.6-55(2), amended Section 1-15-25(a). 4. It is in the best interest of the citizens of St. Lucie County to clarify that Section 1-15-25(a) was amended and that horseback riding is allowed on the beach. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Struck through passages are deleted. added. Underlined passages are 899 PART A. AMENDMENT OF CHAPTER 1-15, ARTICLE II (PARKS AND RECREATION) The Code of Ordinances of St. Lucie County, Florida, is hereby amended by amending Chapter 1-15, Article II, to read as follows: Section 1-15-25. Beaches. (a) No dog or other animal will be permitted on the beach areas regulated by this article except~,~~~-~ ........... law = ~ emergency purposes~.,~-~ ~ ..... as set out below: 1. Authorized law enforcement dogs being used for emergency purposes and patrol. 2. Horses engaged in horseback riding activities if authorized by permit from the Director of Recreation and Parks of St. Lucie County and subject to Section 1-7.6-55(2) setting forth further restrictions during turtle nesting season (May 1 - October 31). PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 AND APPLICABILITY. 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 Struck through passages are deleted. added. -2- Underlined passages are 578 '900 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 D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated areas 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 receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Judy Culpepper Commissioner Jim Minix Aye Aye Aye Aye Aye Struck through passages are deleted. added. -3- Underlined passages are ACE 901 PART H. 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ADOPTED this 8th day of March, 1988. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LU~.~E-~OUNTY~ FLORIDA~ / AP~EE~TAN~S~? FORM:AND_ 878578 '88 ttAR 14 A9:26 Struck through passages are deleted. added. -4- Underline~d passages are 902 873974 ORDINANCE NO. 88-15 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ADDING CHAPTER 1-16.5, RAILROADS, WHICH PROHIBITS ANY RAILROAD TRAIN OF A RAILROAD COMPANY OPERATING WHOLLY WITHIN THE STATE OF FLORIDA FROM EMITTING AN AUDIBLE WARNING SIGNAL BETWEEN THE HOURS OF 10:00 P.M. AND 6:00 A.M. IN ADVANCE OF ANY PUBLIC RAILROAD-HIGHWAY GRADE CROSSING HAVING TRAIN-ACTIVATED AUTOMATIC TRAFFIC CONTROL DEVICES THAT INCLUDE FLASHING LIGHTS, BELLS, AND CROSSING GATES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 351.03(4)(a), as created by Chapter 84-73, Laws of Florida, authorizes local governments to enact ordinances prohibiting trains from emitting audible warning signals between 10:00 p.m. and 6:00 a.m. in advance of any public railroad- highway grade crossing having train-activated automatic traffic control devices that include flashing lights, bells, and crossing gates. 2. This Board believes that prohibiting audible warning signals at public railroad-highway grade crossings between the hours of 10:00 p.m. and 6:00 a.m. is in the best interest of the public health, safety and welfare of the citizens of St. Lucie County, Florida. Struck through passages are deleted. added. Underlined passages are NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. CREATION OF CHAPTER 1-16.5 (RAILROADS) The Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding a new Chapter 1-16.5 to read as follows: CHAPTER 1-16.5 RAILROADS ARTICLE I. IN GENERAL Section 1-16.5-1. Use of audible warning signals. Within the unincorporated areas of St. Lucie County, no railroad train of a railroad company operating wholly within this State may emit an audible warning signal between 10:00 p.m. and 6:00 a.m. in advance of any public railroad-highway grado crossing having train-activated automatic traffic control devices that shall include flashing lights, bells, and crossing gates. Section 1-16.5-2 - 1-16.5-10. Reserved. PART B. POSTING OF SIGNS. The St. Lucie County Road and Bridge Director is hereby directed to erect signs at all crossings affected by this ordinance containing the following warning: NO TRAIN HORNS 10:00 P.M. - 6:00 A.M. Such signs shall conform with the uniform system of traffic control devices as specified in Section 316.0745, Florida Statutes. Struck through passages are deleted. added. 2 Underlined passages are 759 PART C. 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 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 circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART E. APPLICABILITY. This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. PART F. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART G. EFFECTIVE DATE. This ordinance shall take effect on April 1, 1988. PART H. PENALTIES. Violation of this ordinance is a misdemeanor pursuant to Section 125.69, Florida Statutes, and is punishable under said Struck through passages are deleted. added. --3-- Underlined passages are 575 760 ~00~ section by a fine of up to $500.00 or imprisonment for up to sixty (60) days, or both such fine and imprisonment. PART I. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Jack Krieger Nay Vice Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Judy Culpepper Aye Commissioner Jim Minix Aye PART J. CODIFICATION. Provisions of this ordinance shall be incorporated in the County 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 C through J shall not be codified. PASSED AND DULY ADOPTED this 9th day of February, !988. ATTEST: BOARD OF COUNTY COMMX~kONERS ST. LUC~/~TY, BY: / y .' APPROV~ AS TO FORM AND" ~0R~CTNESS Struck through passages are deleted. added. -4- Underlined passages are OR oo 575 761 904116 ORDINANCE NO. 88-16 (Formerly 87-104) AN ORDINANCE RELATING TO THE REGULATION OF THE USE AND DEVELOPMENT OF LAND IN ST. LUCIE COUNTY, FLORIDA; IMPOSING AN IMPACT FEE ON LAND DEVELOPMENT IN ST. LUCIE COUNTY FOR PROVIDING NEW SCHOOLS AND RELATED FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; STATING THE AUTHORITY FOR ADOPTION OF THE ORDINANCE; PROVIDING FINDINGS AND DECLARATIONS OF THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR IMPLEMENTATION OF THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN; PROVIDING DEFINITIONS; PROVIDING FOR THE PAYMENT OF AN EDUCATIONAL FACILITIES IMPACT FEE AS THE PREREQUISITE FOR ISSUANCE OF A BUILDING PERMIT FOR A RESIDENTIAL UNIT OR AN ELECTRICAL PERMIT FOR A RECREATIONAL VEHICLE OR MOBILE HOME; PROVIDING FOR REVIEW AND ADJUSTMENT OF THE IMPACT FEE; PROVIDING A METHOD OF PAYMENT OF THE FEE; PROVIDING FOR THE REMITTAL OF FEES COLLECTED AND THEIR EXPENDITURE. FOR CAPITAL PURPOSES ONLY; PROVIDING FOR REFUND OF UNEXPENDED FUNDS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR REVIEW OF THE IMPACT FEE SCHEDULE; PROVIDING FOR PENALTY FOR VIOLATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR INCLUSION IN THE CODE. WHEREAS, Section 235.19, Florida Statutes, requires the School Board of St. Lucie County and the Board of County Commissioners of St. Lucie County to coordinate school site planning and the county's comprehensive plan; and WHEREAS, Section 235.193(1), Florida Statutes, requires the coordination of planning between school boards and local governing bodies to ensure that plans for the construction and opening of public educational facilities are coordinated in time and place with plans for residential development and other necessary services; and Struck through passages are deleted. added. -1- Underlined passages are 595 586 BOOK WHEREAS, the School Board of St. Lucie County has requested the Board of County Commissioners to adopt an educational facilities impact fee to be paid by new development and to be earmarked for the construction of new educational facilities; and WHEREAS, the St. Lucie County Growth Management Policy Plan has determined that land development shall not be permitted unless adequate capital facilities exist or are assured;_ and WHEREAS, the St. Lucie County Growth Management Policy Plan has determined the policy that land development shall bear a proportionate share of the cost of the provision of the new or expanded capital facilities required by such development; and WHEREAS, the St. Lucie Count~ Growth Management Policy Plan has determined that the imposition of impact fees is one of the preferred methods of regulating land development in order to ensure that it bears a proportionate share of the cost of capital facilities necessary to accommodate that development and to promote and protect the public health, safety, and welfare; and WHEREAS, the School Board of St. Lucie County has determined that property tax revenue generated by new development has not been adequate to support the educational facilities necessary to ensure that current educational facilities standards can be provided concurrently with the occupancy of new development; and WHEREAS, the Board of County Commissioners has reviewed and accepted a Technical Memorandum on the Methods Used to Calculate Revised Road Impact Fees and Public Education, Law Enforcement, ...... ~,, passages are deleted. added. -2- Underlined passages are 595 587 1~001,( Library, Fire Protection, Public Buildings and Recreation and Park Impact Fees dated January 1988, prepared by Dr. James Nicholas. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY: PART A. ARTICLE IV (EDUCATIONAL FACILITIES IMPACT FEE) OF CHAPTER 1-6.5 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS CREATED TO READ AS FOLLOWS: Section 1-6.5-51. Short Title, Authority, and Applicability. fa) This ordinance shall be known and may be cited as thc~ "Educational Facilities Impact Fee Ordinance. lb) The Board of County Commissioners of St. Lucie Count~ has the authority to adopt this ordinance pursuant to Articlo VIII of the Constitution of State of Florida, and Chapter 125 and Sections 163.3201, 235.19, and 235.193 of the Florida Statutes. ~c) This ordinance shall apply to the unincorporated area ol St. Lucie County and to the incorporated areas of St. Lucio County to the extent permitted by Article VIII, Section l(f) os ~he Constitution of the State of Florida. ~ection 1-6.5-52. Intents and Purposes. (a) This ordinance is intended to imDlement and bo ~onsistent with the St. Lucie County Growth Management Polic~ Plan. (b) The purpose of this ordinance is to regulate the use and development of land so as to assure that new develoDment bears proportionate share of the cost of capital expenditures necessar~ to provide educational facilities as contemplated by the St. Lucie County Growth Management Policy Plan. £truck through passages are deleted. added. -3- Underlined passages are oo 595 588 (c) This ordinance is intended to implement the policies established in Section 235.193, Florida Statutes. Section 1-6.5-53. Rules of Construction. (a) The provisions of this ordinance shall be liberall~ construed so as to carry out effectively its purpose in th~, interest of the public health, safety, and welfare. (b) For the purposes of administration and enforcement ol this ordinance, unless otherwise stated in this ordinance, the .following rules of construction shall apply to the text of thi~; ordin__ance: .(1) In case of any difference of meaning im lication between the text of this ordinance and an ca tion illustration summar table or illustrative table, the text shall control. (2) The word "shall" is always mandatory and no'[. discretionary; the word "may" is permissive. (3) Words used in the present tense shall include thc~ future- the masculine ~n~-~-Vs~all include the feminine and neuter and vice versa_~/ and words used in the sin ular number shall include the lural and the lural the sin ular unless the context Dlearly indicates the contrary. The phrase "used for" includes "arranged for," "desi ned for" "maintained for" or for." (4) (5) (6) The word "person" includes an individual, ;,, co oration a artnershi an incor orated association, or any other similar entity. Unless the context clearly indicates the contrary, where a re ulation involves two 2 or more items conditions rovisions or events connected b the con'unction "and" "or" or "either. . . or" the conjunction shall be interpreted as follows: ~nd" indicates that all the connected ~erms, conditions, provisions, or events shall apply~ ...... ~,, passages are deleted. added. -4- Underlined passages are A595589 ii "Or" indicates that the connected items conditions rovisions or events ma a ~in~ly or in any combination. ~her. ._=_ .or~, indicates that the ~onnected items, conditios, provisions, 9vents shally apply singly but not in combination. ,(7) The word "includes" shall not limit a term to the s ecific exam le but is tended to extend its meanin to all other instances or circumstances of like kind or character. (8) "County Administrator" means the countk administrator and or the count or munici al official he she ma desi nate to car out the Ddministration of this ordinance. ~9) The land use types listed in Section 1-6.5-56 shall have the same meanin as under the St. Lucie County Zoning Regulations. Section 1-6.5-54. Definitions. (a) A "feepayer" is a person co~encinq a land developmen[, ~ctivit¥ by applying for the issuance of a buildinq permit to construct a residential unit or by applying for an electrical permit for a mobile home. lb) "Capital costs of educational facilities" are 9xpenditures for the acquisition of fixed assets or additions .fixed assets and expenditures for site acquisition, construction design, site development, necessary off-site improvements, an¢~ lc) "Residential unit" is any building or structure o£ portion thereof, or any mobile home, that is designed for or use,'~ .for residential purposes bV a single housekeeping unit. Struck ~ ~ ...... ~., passages are deleted. added. -5- Underlined passages are oo 595 590 Section 1-6.5-55. Imposition of Educational Facilities Any person who, after the effective date of this ordinance. seeks to make any improvement to land by applying for a buildin9 permit for a residential unit or an electrical permit for mobile home used for residential purposes shall be required pay an educational facilities impact fee in the amount set forth in this ordinance. No such building or electrical Dez{,,it shall be issued unless and until the educational facilities impact fe¢~ hereby imposed has been paid pursuant to Section 1-6.5-57 of thi&; ordinance. Section 1-6.5-56. Computation of the Amount of Education ~acil£ties Impact F~. (a) At the option of the feeDayer, the amount of the fee ma be determined b the followin fee schedule. The fees shown on the schedule reflect a 15 ercent discount to encoura e use of the schedule in order to avoid the ex enditure of administrative time on the rocessin of inde endent fee calculation studies rovided for in ara rah B of this section. SCHEDULE OF EDUCATIONAL FACILITIES IMPACT FEES RESIDENTIAL L~ND USE TYPE Single Family Dwelling Multifamily, 3 stories or moro Multifamily, I or 2 stories ~obile Hom~ Other Residential IMPACT FEE ~ER RESIDENTIAT, UNIT $452 $269 .$312 $ 4O .$452 Struck through passages are deleted. added. -6- Underlined passages are 595 591 BOOK If the type of residential development activity fo,' which a building permit is applied is not specified on the above fee schedule, the County Administrator shall use the leo ~pplicable to the most nearly comparable type of land use on the above fee schedule. (b) If a feepayer contends the fees in the scheduln contained in subsection (a) of this section do not a~curatelk reflect the impact of his development on the need for new educational facilities in St. Lucie Countv, the feepayer may present evidence in support of his contention to the School Boar¢~ of St. Lucie County, which may va~V the fee by the amount necessary to reflect properly the true impact of the proposed development. Upon receipt of written notice of any such action ~y the School Board, St. Lucie Countv or the respectivo municipality shall adjust the fee payable accordingly. ~ection 1-6.5-57. Payment of Fees; Credit~ .(a) The person applying for the issuance of a buildin9 permit or an electrical permit for a mobile home shall pay the ~ee to the County Administrator prior to the issuance of buildinq permit or an electrical permit for mobile home. (b) In lieu of all or part of an educational impact fee payable pursuant to this ordinance, the School Board may accept an offer of a feepayer to dedicate or convey land to the School Board for school sites. If the School Board accepts such an Dffer, it shall so inform the County Administrator who shall Struck through passages are deleted. added. -7- Underlined passages are &595592 credit the amount indicated bV the School Board against the su~,, otherwise due. Except as provided in subsection (c) of thi~ section, the fee or portion thereof satisfied by the dedication or conveyance shall be deemed paid when the dedication oz .conveyance has occurred pursuant to the following procedure: (1) The delivery to the School Board of a titl,', insurance commitment to insure said ro err in a sum to be agreed upon by the Board. ~2) The delivery to the Board of a de~d, with sufficient funds to a all costs of transfer of title including recording. The escrow of taxes for the current year, pursuan~. ~~da Statutes as the same ma be amended or the a ent of said taxes for The issuance of a title insurance policy to recordin of the deed and escrow of .taxes. .(c) Notwithstanding the procedure set forth in subsectio~ Cb) of this section, the educational impact fee c~edit allowe,~ for ro err that ~s the sub'ect of an im act fee a reement between the School Board and the fee a er or the fee a er's predecessor in interest shall be determined as provided in such ..(d) Pursuant to Section 380.06(16), Florida Statutes, the yalue of educational capital facilities reGuired pursuant to ~, Count or Cit -a roved develo ment order shall be credited a ainst the Educational Facilities Im act Fee. ~e) Credit for contributions, payments, construction o~ ~edications of the educational facilities impact fee shall not bo transferable as a credit against other impact fees for purpose~ Struck through passages are deleted added. ' -8- Underlined passages are oo 595 593 other than for educational facilities. the amount due for the educational facilities impact fee. Section 1-6.5-58. Use of Funds. (a) The funds collected by St. Lucie County an,'! municipalities located therein shall be remitted at least monthl1 to the School Board of St. Lucie County. The collectin9 governmental unit shall be entitled to retain up to but not mot,-, ~han 3 percent of the funds collected to compensate the~ for the administrative expenses of collecting and administering th,', .~ducational Facilities Impact Fee Ordinance. ~b) The remaininq funds collected and transmitted to the School Board of St. Lucie County shall be spent solely to meel. the educational facilities necessitated by new development. (c) The Board of County Commissioners of St. Lucie Count~ .and the School Board of St. Lucie County will enter aPDropriatc~ interlocal aqreements between or among themselves and tho ~overninq bodies of the municipal/ties in St. Lucie County to .ensure proper use of the funds collected pursuant to this; ordinance. Section 1-6.5-59. Refund of Fees Paid. (a) If a building permit or electrical permit expires, the~ the feepayer, his heirs, successors, or assiqns shall be entitle,.~ ~o a refund of the impact fee paid as a condition for its .issuance, except that the School Board of St. Lucie County shall retain 3 percent of the fee to offset the cost of refunding, an¢~ ~he collectinq ~overnmental unit shall retain 3 percent of the fee to compensate for the cost of collection and administration. No credit shall excee, l Struck ~ ..... , ...... ~.. passages are deleted. added. -9- Underlined passages are oo 595 5§4 (b) Any funds not expended or encumbered by the end of tho calendar guarter immediately following 10 years from the date tho educational impact fee payment was received shall, upon application of the current owner within 180 days of ~xpiration of the 10-year period be refunded to the current ownez bY the School Board of St. Lucie County with interest at the rato of 6 percent per annum. Section 1-6.5-60. Exemptions. The following shall be exempted from payment of the ~ducational Facilities Impact Fee: ~a) Alteration or expansion of an existing residential building where no additional residential unit is created an~ where the use is not changed. .(b) The construction of accessory buildings or structures. ~c) The replacement of a residential land use unit with new unit of the same type and use. ~n exemption must be claimed by the feepayer at the time o! ~he issuance of a building permit or electrical pe~mit. An~ exemption not so claimed shall be deemed waived by the feepayer. Section 1-6.5-61. Review. ,The Educational Facilities Impact Fee schedule shall be reviewed by the Board of County Commissioners of St. Lucie Counts Dt least once each fiscal biennium. PART B. PENALTY. A violation of this ordinance shall be a misdemeanor punishable according to law; however, in addition to or in lieu ...... through passages are deleted. added. -10- Underlined passages are 595 595 ~,001'( of any criminal prosecution, St. Lucie County or any feeDayer shall have the power to sue in civil court to enforce the provisions of this ordinance. PART C. SEUERABILITY. If any section, phrase, sentence, or portion of this ordinance is for any reason held held invalid or unconstitutional by any court of competent 3urisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. PART D. 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 E. EFFECTIVE DATE. This ordinance shall become effective on January 1, 1989. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART G. Chairman Jack Krieger Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Judy Culpepper Commissioner Jim Minix CODIFICATION. AYE AYE AYE NAY AYE ...... throuuh passages are deleted. added. -11- Underlined passages are °" 595 596 E, OOK 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 renumbered or relettered to accomplish such intention; provided, however., that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 5th day of July, 1988. ATTEST BOARD OF COUNTY COMMISSIONERS ST. LUC~COUNTY, FL0~RIDA APPROVED AS TO FORM A~D CORRECTNESS: ~ 'COUNTY' A~O~NEY '~ dLL 18 All :52 ,",'~ :,AL. ~ruc~ through passages are deleted. added. -12- Underlined passages are °" 595 597 BOOK ORDINANCE NO.: 88-19 FILE NO.: PA-87-024 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH FL%NAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT .4 MILES SOUTH OF ST. LUCIE BOULEVARD (MORE PARTICULARLY DESCRIBED HEREIN) FROM SU (SEMI URBAN) TO IL (INDUSTRIAL LIGHT) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Joy H. Lee presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi Urban) to IL (Industrial Light) for the property describ~ below. 2. The St. Lucie ~ounty Local Planning Agency, after holding a public hearing on December 10, 1987 of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi Urban) to IL (Industrial Light) for the property described below. 3. The Board held a public hearing on January 12, 1988 after publishing notice of such hearing in the Ft. Pierce News Tribune on December 21, 1987. 4 ,m n,,m BOOK ,~ NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: 36 34 39 Beg 441.5 ft. N & 74 ft. E of SW 1/4 cor of SW 1/4 of NW 1/4, th run N 400 ft., th E 200 ft., th S 400 ft., th W 200 ft. to POB (OR 496-1793) (Location: On the east side of Kings Highway, approximately .4 mi. south of St. Lucie Blvd.) owned by Joy H. Lee, be, and the same is hereby changed from SU (Semi Urban) to IL (Industrial Light). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas. D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 573 ~00~ H. FILING WITH THE DEPARTMENT OF CO~JNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Judy Culpepper AYE Commissioner Jim Minix AYE · .A~,TEST: PASSED AND DULY ADOPTED this 12th day of January, 1988. CLERK S'71291 FEB-1 A9 :.:30 Fit[? DOUG:. ST. LUC~{ BOARD OF COUNTY COMMISSIONI~R~)~,,, APPROVED AS TO ~O~ ~ CORReCT.SS $ S72.GO ORDINANCE NO. 88-20 (Formerly 87-11) AN ORDINANCE AMENDING THE ST. LUCIE COUNTY CODE OF ORDINANCES TO REVOKE SECTION 1-14-1 (PLAYING OF MUSIC DEVICES OR INSTRUMENTS RESTRICTED); ADDING CHAPTER 1-13.8 TO PROVIDE FOR A NOISE ORDINANCE; PROVIDING DEFINITIONS; PROVIDING A PROHIBITION AGAINST THE MAKING OF ANY EXCESSIVE, UNNECESSARY OR UNUSUALLY LOUD NOISES; PROVIDING CLASSIFICATION OF USE DISTRICTS; PROVIDING LIMITATION OF NOISE LEVELS FOR USE DISTRICTS; PROVIDING PROCEDURE FOR MEASUREMENT OF NOISE; PROVIDING LIMITATION OF NOISE LEVELS IN ENCLOSED PLACES OF PUBLIC ENTERTAINMENT; PROVIDING EXEMPTIONS; PROVIDING FOR APPLICATION FOR A SPECIAL PERMIT; PROVIDING SEVERABILITY; PROVIDING APPLICABILITY; PROVIDING FILING WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Article VIII, Section l(f), Florida Constitution and Section 125.01, Florida Statutes, authorize and empower the Board of County Commissioners of St. Lucie County, Florida, to adopt ordinances; 2. The making and creation of excessive, unnecessary or unusually loud noises within the limits of St. Lucie County, Florida, is a condition which has existed for some time; and the extent and intensity of such noises is increasing; 3. The making, creation or maintenance of such excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use ...... through passages are deleted. added. --1-- Underlined passages are 574 affect and are a detriment to public health, comfort, convenience, safety, welfare and property of the residents of St. Lucie County, Florida; and 4. The necessity, in the public interest for the provisions and prohibitions hereinafter contained and enacted, is declared as a matter of legislative determination and public policy; and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of St. Lucie County, Florida, and its inhabitants. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. REVOCATION OF SECTION 1-14-1 (PLAYING OF MUSIC DEVICES OR INSTRUMENTS RESTRICTED). The Code of Ordinances of St. Lucie County, Florida, is hereby amended by revoking Section 1-14-1 as follows: ........... h .... , .... t ........ t ~ applianc~ ~- l~t~d Struck ~,,-~,,~ passages are deleted. added. 2 Underlined passages are °' 574 gO01( PART B. CREATION OF CHAPTER 1-13.8 (NOISE CONTROL). The Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding Chapter 1-13.8 to read as follows: Article I. - In General Section 1-13.8-1. It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs, injures or endanqers the comfort, repose, health, peace or safety of others, within the unincorporated areas of the County. Failure to comply with this Chapter shall constitute a violation of the Code of Ordinances of St. Lucie County. Sections 1-13.8-2 - 1-13.8-15. Reserved. Section 1-13.8-16. Definitions. For the purposes of this Chapter, the followinq definitions shall apply: "Ambient Noise" is the all-encompassing noise associated with a given environment, being usually a composite of soundn from many sources, near and far, independent of any single, identifiable noise source. "Bel" is a unit of level when the base of loqarithm is ten (10). Use of the Bel is restricted to levels of quantities proportional to power. "Boat" is every description of watercraft, barqe and airboat used or capable of being used as a means of transportation on water, mode of habitation or a place of business or professional Struck ~ ..... ~ ...... ~.. passages are deleted. added. 3 Underlined passages are 574 , , 1090 ~00~ or social association on the water of the unincorporated areas of St. Lucie County, including, but not limited to: (1) Foreign and domestic watercraft engaged in commerce: (2) PassenGer or other cargo-carrying watercraft; (3) Privately owned recreational watercraft; (4) Airboats and seaplanes; (5) Houseboats or other floating homes. "Decibel" is a unit for measuring the volume of a sound, eGual to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons) per square meter. "Emergency Work" is work made necessary to restore property to a safe condition followinq a public calamity or work required to protect persons or property from an imminent exposure to danger. "Frequency" of a function periodic in time is the reciprocal of the primitive period. The unit is the cycle per unit time and must be specified. "Person" is any person, person's firm, association, co- 3artnership, joint venture, corporation or any entity, public or private in nature. "Sound Level Meter" is an instrument including a microphone, an amplifier, an output meter and frequency weighting networks for the measurement of noise and sound levels in a specified manner. "Sound Pressure Level" in decibels of sound is twenty (20) times the logarithm to the base ten (10) of the ratio of the ...... ~,. passages are deleted. added. -4- Underlined passages are o 1091 ,oo 574 pressure of this sound to the reference pressure, which reference pressure must be explicitly stated. All technical definitions are in accordance with American National Standards Institute Standard S1.1-1960 entitled Accoustical; Terminolqy, as reaffirmed. Section 1-13.8-17. Classification of Use Districts. For purposes of defining the "use occupancy", all premises containing habitually occupied sleeping quarters shall be considered in residential use. Ail premises containing transientcommercial sleeping quarters shall be considered commercial use. All premises containing businesses where sales, professional or other commercial use is legally permitted shall be considered commercial use. All premises where manufacturing is legally permitted shall be considered industrial use. In cases of multiple use, the more restrictive use category shall prevail. Hospitals, nursing homes, schools, libraries, churches and all institutional uses shall be considered residential uses. Any area not otherwise classified shall conform to commercial standards. Section 1-13.8-18. Maximum Permissible Sound Levels by Usg District. It shall be unlawful to project a sound or noise from one property into another property within the boundary of the use district which exceeds either the limiting noise spectra set forth in Table I below or exceeds the ambient noise level by more than three (3) decibels when measured as specified under the Noise Enforcement Practices as adopted by the Board of County Commissioners by resolution. Struck through passages are deleted. added. --5-- Underlined passages are °" 574 , , 1092 ~00~ (1) Sound or noise projecting from one district into another use district with a different noise level limit shall not exceed the limits of the district into which the noise is projected. (2) The limits hereinabove referred to shall be in accordance with the following table: TABLE I APPLICABLE NOISE LIMITS Measurement period one-quarter hour (continuous), as measured at the property boundary of the receiving parcel. SOUND LEVEL IN DECIBELS A-SCALE (dBA) USE DAY NIGHT CLASSIFICATION 0700-2200 2200-0700 L1 L10 L50 L1 LiO L50 ***************************************************************** Residential 70 65 60 65 60 55 Commercial 75 70 65 70 65 60 Industrial 75 70 65 75 70 65 ***************************************************************** Level L(1). That noise (A-weighted sound level) exceeding OhO (1) percent of a measurement time equivalent to at least 15 minutes. Level L(iO). That noise (A-weighted sound level) exceeding ten (10) percent of a measurement time equivalent to at least 15 minutes. Level L(50). That noise (A-weiGhted sound level) exceeding fifty (50) percent of a measurement time equivalent to at least 15 minutes. ~ .... " through passages are deleted. added. --6-- Underlined passages are (3) If the noise occurs at any time on Sunday or holidays, the decibel level applicable between 10 p.m. and 7 a.m. shall prevail. (4) Noise levels shall not exceed the peak noise levels, independant of time duration, set out in Table II below: USE CLASSIFICATION Residential Commercial Industrial TABLE II PEAK NOISE LEVELS SOUND LEVEL IN DECIBELS A-SCALE (dBA) 80 85 85 (5) The conditions regarding times of operation for mining and manufacturing activities as specified in a permit issued by the Board of County Commissioners shall prevail over the provisions of this ordinance. (6) For noise of impulsive character (hammerinG, etc.), the permissible decibel levels set out in Table I shall be corrected by subtracting 5. Impulsive sound is any sound of short duration, usually less than one (1) second with an abrupt onset and rapid decay, e.g. explosions, blasting, and discharge of firearms. Section 1-13.8-19. Exemptions. (1) The following uses and activities shall be exempt from noise level regulations: (a) Noises of safety signals, warning devices, and emergency pressure relief valves. Struck ~ ..... ~ passages are deleted added. --7-- Underlined passages are 574 t~OOK (b) Noises resultinq from any authorized emergency vehicle, when responding to an emergency call or acting in tim~ of emergency. (c) Noises resulting from emergency work as defined in Section 1-13.8-16. (d) Noise resultinq from the operation of any type of aircraft, not includinq scale model aircraft. (e) Noise resulting from the operation of any motor vehicle as specified in Chapter 316 and Chapter 403, Florida Statutes. (f) Noise resultinq from the operation of the following facilities existinq and in operation on the effective date of this ordinance: (i) electricity regulating substations (ii) electric generation plants (iii) other electric utilities (iv) gas pressure control stations (v) gas production plants (vi) natural or manufactured gas storaqe and distribution points (vi) other gas utilities (vii) pipeline pressure control stations (ix) railroad, rapid rail transit, and street railway transportation (x) industrial wastewater disposal (xi) sewage disposal (xii) sewage pressure control stations ~°~" ~,~ passages are deleted. added. --8-- Underlined passages are BO0~ (xii) sewaqe treatment plants (xiv) sewage sludge drying beds (xv) water utilities and irrigation (xvi) solid waste disposal (g) Noise resulting from agricultural activities in districts zoned Agricultural (AG) under Section 3.3.117, St. Lucie County Zoning Ordinance, and Agricultural, Residential -1 (AR-l), under Section 3.3.101, St. Lucie County Zoning Ordinance. (h) Noise resultinq from the operation of the enqine of any boat on the waters of the unincorDorated areas of St. Lucie County. (i) Noises resulting from any authorized law enforcement and fire fighting traininq activities, including not limited to, Sheriff DeDartment shooting range exercises. (j) Noise resulting from the activities of any permitted use, conditional use or accessory use Dermitted in districts zoned Industrial, Light (IL) under Section 3.3.114, St. Lucie County Zoning Ordinance, Industrial, Heavy (IH) under Section 3.3.115, St. Lucie County Zoning Ordinance, and Industrial, Extraction (IX) under Section 3.3.116, St. Lucie County Zoning Ordinance, existing and in operation on the effective date of this ordinance. (k) Noise resultinq from the temporary operation of equipment or activities relatinq to normal maintenance of residential or commercial uses, between the hours of 7:00 a.m. and 10:00 p.m., including but not limited to, the following Struck ~ ..... ~ passages are deleted added. --9-- Underlined passages are ~OOK activities: lawn mowinG, maintenance of trees, gardens; refuse collection; soil cultivation; sweeping and cleaning. hedges, and and pavement (1) Noise resulting from the operation of any mining activities under a permit issued pursuant to Chapter 1-12.5, St. Lucie County Code of Ordinances and Compiled Laws. The hours of operation shall be limited to the hours set forth in the permit. (m) Noise resulting from the operation of railways and shipping activities. (n) Noise resultinG from construction activitie~ occurring between 7:00 a.m. and sundown. The exemption shall be effective upon obtaining a building permit and shall pertain to any construction activity directly related to the construction authorized under the permit. A special permit issued pursuant to Section 1-13.8-20 shall be required for the generation of noise resulting from construction activities between sundown and 7:00 a.m. For any violation of the terms of the special permit, the permit holder and the violator shall be jointly and severably liable. (o) Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the Board of County Commissioners in accordance with Section 1-13.8-20. (2) Where an industrial or commercial use is established on property not adjacent to a residential use district and the adjacent property subsequently becomes residential, the noise resulting from the operation of the pre-existing industrial or ~°~'- ~..~..~ passages are deleted. added. -10- Underlined passages are 574 BOOK commercial use which is projected into the residential use district shall be subject to the permissible noise levels for industrial or commercial use districts, as appropriate. (3) Where the noise levels for pre-existinq use are more restrictive than those for a subsequent use established adjacent to the pre-existing use, the noise level for the pre-existinq use shall apply. Section 1-13.8-20. Application for a Special Permit. Applications for a permit for relief from the noise level designated in this ordinance on the basis of undue hardship may be made to the Board of County Commissioners. Any permit granted by the Board hereunder shall contain all conditions upon which said permit has been granted and shall specify a reasonable time that the permit shall be effective. The Board may grant the relief as applied for if it finds: (1) That additional time is necessary for the applicant to alter or modify his activity or operation to comply with this ordinance; or (2) The activity, operation or noise source will be of temporary duration and cannot be done in a manner that would comply with other sections of this ordinance. (3) That no other reasonable alternative is available to the applicant; and The Board of County Commissioners may prescribe any conditions or requirements it deems necessary to minimize adverse effects upon the community or the surrounding neighborhood. ~°~-"-~'- ~,,~---'-~,,~ passages are deleted. added. -11- Underlined passages are ° "574 ~OOK Section 1-13.8-21. Penalties. Violation of this ordinance is a misdemeanor pursuant to Section 125.69, Florida Statutes, and is punishable under said section by imprisonment for up to sixty (60) days, or a fine of up to $500.00, or both such imprisonment and fine. PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 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. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated areas of St. Lucie County. PART F. 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. Struck through passages are deleted. added. -12- Underlined passages are 574 ~00~ PART G. EFFECTIVE DATE. This ordinance shall take effect upon June 1, 1988. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART I. Chairman Jack Krieger Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jim Minix Commissioner Judy Culpepper CODIFICATION. Aye Aye Absent Aye Aye 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 renumbered or relettered to accomplish such intention; provid~.~d~~ howeTerr:that Parts C through I shall not be codified. PASSED AND DULY ADOPTED this · ~':-' ATTEST: j:~!5 872G02 2nd day of February/ 1~8.~ ST. LUCI E~_~o~Ty APPROVED AS TO FOR~ AND CORRECTNESS :$! GLA$ i~lX~tt C~ ~o~' ASSISTANT COUNTY ATTORNEY Struck ~ ..... ~ passages are deleted added. -13- Underlined passages are 574 90555? ORDINANCE NO. 88-26 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PRESCRIBING REGULATIONS GOVERNING THE VACATION AND ABANDONMENT OF RIGHTS OF WAY AND SUBDIVISION PLATS IN ST. LUCIE COUNTY UNDER THE CONTROL AND JURISDICTION OF THE BOARD OF COUNTY COMMISSIONERS, IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 336.09-336.12 AND SECTION 177.101, FLORIDA STATUTES; PROVIDING FOR DEFINITIONS; PROVIDING FOR A PETITION TO BE SUBMITTED TO THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR APPLICATION FEE AND PRIVILEGE FEE; PROVIDING FOR ACCESS TO WATER; PROVIDING FOR NOTICE OF INTENT; PROVIDING FOR PETITION APPLICATION PROCEDURE; PROVIDING FOR REVIEW OF THE PETITION; PROVIDING FOR PUBLIC HEARING; PROVIDING FOR RECORDATION OF RESOLUTIONS; PROVIDING FOR EFFECT OF RECORDING; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES OF ST. LUCIE COUNTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 336.09-336.12 and 177.101, Florida Statutes, authorizes and empowers the Board of County Commissioners, in its discretion, to vacate, abandon, annul, discontinue and close any existing public or private street, alleyway, right of way, or easements or subdivision plat, or any portion thereof, other than a State or Federal highway, and to renounce and disclaim any rights of the County and the public in and to any land in connection therewith, whether the same was acquired by purchase, gift, devise, dedication or prescription; and WHEREAS, the Board of County Commissioners finds and determines that the adoption of rules and regulations governing the procedures for the vacation abandonment and annulment of Struck ~~,~ passages are deleted. added. Underlined passages are 596 529 rights of way, easements and subdivision plats in accordance with the provisions of Section 336.09-336.12 and 177.101, Florida Statutes, is necessary, desirable and serves the public interest and welfare. WHEREAS, the public acquires an interest in utility and drainage easements dedicated in perpetuity for such purposes on plats approved by the Board of County Commissioners and filed of record in St. Lucie County, and it is desirable to prescribe the method by which the interest of the public in these easements can be vacated and abandoned. PART A. ARTICLE VI - "Right of Way Abandonment and Plat Vacation Procedures" of Chapter 1-17, "Roads and Bridges" of the Code of Ordinances of St. Lucie County, Florida, is hereby created to read: NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1-17-70. Short Title. This ordinance shall be desiqnated and cited as the St. Lucie County Right of Way Abandonment and Plat Vacation Ordinance. Section 1-17-71. Declaration of Jurisdiction and Control of the Board of County Commissioners; Application of Ordinance. (1) Any dedication or conveyance of real property for the purpose of streets, rights of way. access, ingress and egress, utilities and drainage which has been made on or by a plat, easement, deed, or other instrument of any kind which instruments ~°=~ .... ~- =~..~.,~ passages are deleted. added. --2-- Underlined passages are °" 596 530 have been approved by the Board of County Commissioners for filing of record in the Public Records of St. Lucie County or which instruments conveys any interest in real property to the Board of County Commissioners of St. Lucie County is hereby deemed to be under the jurisdiction and control of the Board of County Commissioners for the purposes of the vacation, annulment and/or abandonment of plats, or portions thereof, rights of way, and easements for utility and drainage purposes. (2) The provisions of this ordinance shall apply to all plats, riqhts of way and easements under the .jurisdiction and control of the Board of County Commissioners of St. Lucie County, Florida. (3) The procedures set forth in this Ordinance shall apply to applications pursuant to Section 177.101(1) and (2), Florida Statutes, and to all applications for vacating plats, or any portion thereof, including public easements, pursuant to Section 177.101(3), Florida Statutes. Any petition to vacate a plat, or portion thereof, which plat, or portion thereof, contains private rights of way shall not require a public hearinG; provided, however that a public hearinq shall be required if the petition site includes a County right of way or public easement for drainage purposes which services a County right of way. Section 1-17-72. Definitions. (1) Abandon - the term abandon, and any variant thereof, shall be deemed to include the terms "vacate" and "annul." Struck through passages are deleted. added. --3-- Underlined passages are 531 oo 596 (2) Petition Site - any parcel of real property subject to a petition for abandonment pursuant to this Ordinance. (3) Abutting property - any parcel of real property whose boundaries, or any part thereof, also serves as the boundary, or portion thereof, of the petition site. (4) Affected property - any parcel of real property, or portion thereof, which lies within three hundred feet (300') of the boundaries of the petition site. (5) Petition for abandonment or Petition - the form prescribed by the Department which reGuests the abandonment of ~ plat, or portion thereof, right of way or public easement pursuant to this ordinance. (6) Petitioner - the person(s), Governmental entity or business entity submitting a petition for abandonment pursuant to this ordinance. The term petitioner shall include "co- petitioner" where appropriate. (7) Right of way - any strip of land dedicated or deeded for ingress and egress or access purposes. The term shall include the terms "road," "highway," "alley," "accessway," and any other similar term. The term shall mean both County right of way and private right of way. (8) Plat - any drawing of real property made and recorded pursuant to Chapter 177, Florida Statutes, or the ordinances of St. Lucie County. (9) Public easement - any utility or drainage easement which is dedicated by plat in perpetuity for utility or drainaq~ ~~" ~,.~,,~ passages are deleted. added. --4-- Underlined passages are 596 purposes, or which is conveyed by separate instrument recorded in the Public Records to the public or the County, which instrument has been approved by the County for recordation. The term shall not include instruments of conveyances or dedications made to specifically named utility companies, owners associations, drainage districts, or other governmental agencies. (10) Private right of way - any right of way dedicated or deeded to an owners association or the owner of the abutting property or which is dedicated as riqht of way and is the perpetual maintenance obliqation of any owners association or the owner of abutting property. (11) Department - The St. Lucie County Engineering Department. (12) County - St. Lucie County, Florida, and its Board of County Commissioners. (13) Utility Company - any public or franchised entity which provides electrical, gas or communication services. (14) County right of way - any right of way acquired by the County or the public by virtue of a dedication to the public or the County on a plat, by separate instrument of conveyance, or by prescription. (15) Public Records - the records filed in the Office of the Clerk of the Circuit Court in and for St. Lucie County, Florida. (16) Owner - that person, governmental entity or business entity which is the fee simple title holder of real property. Struck through passages are deleted. added. --5-- Underlined passages are 533 (~17) Owners Association - any association or corporation created under the laws of the State of Florida, the membership of which is comprised of all owners of real property over which the owners association has jurisdiction by virtue of a declaration of covenants and restrictions, declaration of condominium, or similar instrument. The term shall include the terms "homeowners' association," "condominium association," and "cooperative association," and "property owners association." Section 1-17-73 Petitioners. (1) Petitioners for abandonment of plats - any person, governmental entity or business entity desiring to abandon a plat, or any portion thereof, including public easements, shall be required to make application to the County pursuant to Section 177.101, Florida Statutes, and the provisions of this ordinance. Said application shall be on the petition form prescribed by the Department and the information contained therein shall be verified ~by the Petitioner under oath. Unless initiated by th~ County, the petition shall be signed by all owners of any portion of the petition site. (2) Petitions for abandonment of rights of way - any person, governmental entity or business entity desiring to abandon the public's interest in and to any right of way shall be required to make application to the County pursuant to this ordinance. Said application shall be on the petition form prescribed by the Department and the information contained therein shall be verified by the Petitioner under oath. Unless o~ i ~ ~ deleted .......... passages ~ ~ ~ ~..~,, are . added. --6-- Underlined passages are 596 534 initiated by the County, any petition for abandonment of rights of way shall be siqned by all owners of abutting property. (3) The application fee shall be determined and fixed by the Board by resolution. (4) Such application fee shall not apply to petitionm submitted by the followinq: a. the fee simple owner of the property subject to an easement; b. the original gratuitous conveyor of all the public rights of way to be abandoned; c. riqhts of way contained in plats which were approved under the requirements of the St. Lucie County Subdivision and Plattinq Ordinance (Ordinance 73- 4), and when no conveyance of lots by reference to the plat appear of record; or d. when the petitioner is a duly orqanized governmental body. (5) The application fee may not apply when the petitioner will convey necessary real property for County rights of way designated on the County thoroughfare plan, which is equal to, or more than, the total square footaqe to be abandoned, as determined by the Board of County Commissioners; Section 1-17-74 Access to Water. No riqht of way, road, street, or public accessway giving access to any publicly accessible waters in St. Lucie County, shall be closed, vacated or abandoned except in those instances wherein the Petitioner(s) offers to trade or qive to the County comparable land or lands for a right of way, road, street or public accessway to qive access to the same body of water, such Struck ~,~.~ passages are deleted. added. --7-- Underlined passages are 596 535 ~OOK access° to be of such condition as not to work a hardship to the users thereof, the reasonableness of the distance and comparable land being left to the discretion of the Board of County Commissioners. Section 1-17-75 Notice of Intent to File Petition to Vacate Plat. Immediately prior to filing the petition to vacate a plat with the Department, the Petitioner shall cause to be published a Notice of Intent in a newspaper of general circulation in the County once weekly for two consecutive weeks. Such Notice of Intent shall state the intent of the Petitioner to file a petition pursuant to this Ordinance and in Chapter 177, Florida Statutes. Section 1-17-76 Petition Application Procedures. In addition to any other information required by the Department, the petition shall contain the followinG: (1) Legal description of Petition Site - a complete and (2) accurate legal description of the Petition Site. Type of petition - a statement identifying the type of petition as beinG for abandonment of: (a) a plat; (b) a portion of plat; (c) a county right of way; (d) the public's interest in a private right of way; o_~r (e) a public easement. The statement shall identify the source of the County's or public's interest, together with a reference to the recording information for same, in and to the Petition site. Struck ~ ..... ~ passages are deleted added. --8-- Underlined passages are 596 536 BOOK (3) Location map - a drawinq measurinq not less than 8" x 14" and no larqer than 11" x 17" which clearly and legibly identifies the location of the Petition Site in relation to the nearest public riqht of way, excluding the Petition Site, and all affected properties. Th~ location map may be located on the survey in a separate block. (4) Access to affected property - the petition shall contain a statement that to the best of the Petitioner's knowledge, the qrantinq of the petition would not affect the ownership or riqht of convenient access of persons owning other Darts of the subdivision. (5) Federal or State highway statement - the petitioner shall certify that the Petition Site, or any portion thereof, is not a part of any State or Federal highway and was not acquired or dedicated for State or Federal highway purposes. (6) Notice of Intent - Proof of publication of the Notice of Intent required by Section 1-17-75 shall be attached to the petition. (7) Evidence of title - the petition shall state the source of petitioner's ownership or interest in and to the Petition site, and a reference to the recording information for same. A copy of the source instrument shall be certified by the Clerk of the Circuit Court and attached to the petition. (8) Evidence of taxes paid - the petition shall state that all state, municipal and county taxes on the Petition site have been paid. The certificate(s) of the Ta~ Collector's Office showing payment of same (as payment is defined in Section 177.101(4), Florida Statutes) shall be attached to the petition. If the Petition Site or any portion thereof is tax-exempt, the petition shall so state and a copy of the tax roll from the Ta× Collector's Office which shows such exemption shall be attached to the petition. (g) Municipal resolution - the petition shall state whether the Petition Site lies within the corporate limits of a municipality, within the unincorporated area, or both. If any portion of the petition site lies within the corporate limits of a municipality, the municipality shall first abandon its interest in the Petition Site by appropriate resolution, and a certified copy of th~ municipal resolution shall be attached to the petition. o~_.._~. ~_A,,_~ passages are deleted. added. --9-- Underlined passages are 537 (10) Fees - the petition shall state whether the petition site is subject to the application fee, the amount of said fee, and that the fee is submitted therewith. (11) Justification - the petition shall detail the relevant reasons in support of the reGuest and granting of the petition. Section 1-17-77 Review of Petition. (1) Review and notification - each petition shall be reviewed by the Department, the County Planning Division, Building & Zoning Division, and any governmental agency or County department deemed affected by the Department. Upon receipt, th~ Department shall distribute the petition to the reviewing departments and agencies. Within 20 days of receipt of the petition, the reviewing department and agencies shall submit a written report containing its findings and recommendations to the designated staff of the Department. Upon receipt of all written reports, the County EnGineer shall review said petition and reports and shall notify the Petitioner in writinq of any reasonable conditions to be performed prior to forwarding the petition and reports pursuant to paragraph (2). Within sixty (60) days of receipt of the County EnGineer's notification, th~ Petitioner shall either comply with, agree and commit in writing to the conditions, or disagree in writing to the conditions. Failure to respond to the County EnGineer's notification may result in a recommendation to deny the petition by the County Engineer. °~ .... "through passages are deleted. added. -10- Underlined passages are 538 (2) Review by the Board of County Commissioners - after expiration of the sixty (60) day period above or sooner, if conditions are not imposed, or, if imposed, are responded to by the Petitioner in the manner set forth above, the County Enqineer shall forward the petition toqether with his findinqs and recommendations of same to the Board of County Commissioners for their review in accordance with this section. The County Enqineer shall set the petition for public hearinq with Section 1-17-78 unless the petition is not subject to a public hearinq. If a public hearing is not reGuired, upon its review the Board shall adopt a resolution either approvin~ or denying the petition. The Board may reject a petition if a petition covering the same lands had been considered at any time within six (6) months of the date the later petition is submitted. (3) The Department shall not be charged with the duty of: (a)searchinG the Official Records of the Clerk of the Circuit Court and any other records in and for St. Lucie County; or (b) any other investigation to determine the truth and accuracy of the statements and information contained in the petition and any attachements thereto. Section 1-17-78 Public Hearing of Petitions for Abandonment of County Rights of Way and Public Easements for Drainage of County Rights of Way. (1) Pursuant to Section 336.10, Florida Statutes, a public hearing shall be held for any petition for abandonment which affects County right of way and public easements for drainage which service a County right of way. Struck through passages are deleted. added. -11- Underlined passages are 0R (2) The Board of County Commissioners hereby exercises their authority as set forth in F.S. 336.09 by authorizing and directing the County Engineer to establish a definite time and place to hold the public hearing required by Section 336.10, Florida Statutes and this Ordinance and to publish the notice of said hearing. (3) Publication of notice of public hearing - notice of such public hearing shall be published by the County EnGineer in a newspaper of general circulation in the County one time at least fourteen (14) days prior to the date set for the Public Hearing. (4) Posting of notice of public hearing - the Department shall notify the petitioner of the date and time of the public hearing and shall direct the petitioner to post the property with a notice of petition to vacate. The Petitioner shall place the notice in a conspicuous and easily visible location, abutting a public thoroughfare when possible, on the subject property at least ten (10) days prior to the public hearinG. (5) Mailing of notice of public hearing - the Department shall mail a copy of the Notice of Public Hearing to each addressee. (6) At the public hearing, all interested persons shall be entitled to be heard; provided however, that the Board may refuse to hear testimony that is repetitious, irrelevant, or immaterial. If the Board approves the petition, the Board may vacate all or any portion of the subject property, and may attach such conditions as the Board may deem to be in the public interest. Struck ~ ..... ~ passages are deleted added. -12- Underlined passages are °oo 596 540 (7) Notice of adoption of resolution. If the County Commission shall by resolution grant the petition, notice thereof shall be published one time within thirty (30) days following the date of adoption of such resolution in a newspaper of genera~ circulation published in St. Lucie County. The proof of publication of the notice of public hearing, and the proof of publication of the notice of the adoption of the resolution, and a copy of the resolution shall be recorded in the Public Records. Section 1-17-79 Recordation of Resolution. Upon adoption of a resolution approvinq a petition, a certified copy of same shall be filed in the Public Records in accordance with Section 177.101 or Section 336.10, Florida Statutes, whichever is applicable. Section 1-17-80 Effect of Recordinq Resolution of Abandonment. (1) For County riqhts of way, upon the recordation of the proof of publication of notice of public hearing, proof of publication of the notice of adoption of the resolution, and a copy of the resolution in the Public Records, the interest of the right of way so closed shall be vested in accordance with provisions of Section 336.12, Florida Statutes. (2) For plats, or portions thereof, recordation in the Public Records of resolutions approving abandonment of a plat or a portion thereof shall have the effect of vacating all streets and alleys in accordance with Section 177.101(5), Florida Statutes, and shall either return the vacated property to the status of unplatted acreage or shall vacate the first plat in ~°=~ .... ~' ~..~u~..~ passages are deleted. added. -13- Underlined passages are oo 596 541 accordance with Section 177.101(1) or (2), Florida Statutes, as applicable. PART B REPEAL OF LAWS IN CONFLICT. All local laws and ordinances applying to the unincorporated area of St. Lucie County in conflict with any provisions of this ordinance are hereby repealed. PART C SEVERABILITY. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by a Court of competent 3urisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this ordinance. PART D EFFECTIVE DATE. The provisions of this ordinance shall become effective on September 1, 1988. PART E ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger AYE Vice-Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jim Minix AYE Commissioner Judy Culpepper AYE PART F 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 ~ .... ~" ~,,~,,~ passages are deleted. added. -14- Underlined passages are °" 596 500K appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through-F shall not be codified. PASSED AND DULY ADOPTED this 12th day of July, 1988. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. L~COUNTY, FLOriDA .,f APPR~ED AS T0 F0~/~'D' CORRE~N~S: 90555'7 '88 JUL 25 I~'1 DOUi~:~ ~ . ST. LUC,' ~°~ .... ~" ~,,~,,~ passages are deleted. added. -15- Underlined passages are M 596543 ORDINANCE NO. 88-30 AN ORDINANCE CREATING ARTICLE V "LOBBYIST REGISTRATION AND REPORTING" IN CHAPTER 1-2 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; THEREBY PROVIDING FOR A TITLE AND DEFINITIONS; PROVIDING FOR DISCLOSURE OF LOBBYISTS BY PROFESSIONAL CONSULTANTS; PROVIDING FURTHER FOR LOBBYIST REGISTRATION AND REPORTING REQUIREMENTS AND EXEMPTIONS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE, PENALITIES, ADOPTION AND CODIFICATION. WHEREAS, Chapter 125, Florida Statutes provides that the Board of County Commissioners of St. Lucie County, Florida, shall have the power to carry on county government and to enact ordinances and perform any other acts not inconsistent with law; and WHEREAS, this Board has determined that requiring professional consultants to disclose the payment of a fee to a lobbyist in connection with the submission of a proposal to perform professional consulting services for the County will promote open and effective government in St. Lucie County; and WHEREAS, this Board has determined that requiring lobbyists who seek to encourage the selection of a professional consultant to perform work for the County or who seek to encourage the passage, defeat or modification of any item pending before the Board to register and report to the clerk of the circuit court will promote open and efficient government in St. Lucie County; and Struck ~-~..~ passages are deleted. added. --1-- Underlined passages are o 556. 084 WHEREAS, this Board has determined that it is in the best interest of the Board and the citizens of St. Lucie County, Florida, to require lobbyists who seek to encourage the passage, defeat or modification of any item pending before the Board to register and report to the clerk of the circuit court. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THAT: PART A. ARTICLE V "LOBBYIST REGISTRATION AND REPORTING" IN CHAPTER 1-2 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY CREATED TO READ: Section 1-2-45. Title. This ordinance shall be referred to as the "St. Lucie County Lobbyist Registration, Disclosure and Reporting Law. Section 1-2-46. Definitions. As used in this ordinance, the followinq words shall havo the followinq meaning: (a) "Board" means the Board of County Commissioners of St. Lucie County, Florida. (b) "Clerk" means Clerk of the Circuit Court for St. Lucie County, Florida. (c) "County" means St. Lucie County, Florida. (d) "County Attorney" means the Person appointed by the Board to serve as its counsel, or the designee of such Person. (e) "Lobbyist" means a person who advocates, urges or seeks to encourage the passage, defeat or modification of any item pending before the Board or the hiring/retaining of any consultant for any paid or promised compensation or valuable Struck through passages are deleted. added. --2-- Underlined passages are 588 085 BOOK consideration implied. either directly or indirectly, expresslV or (f) "Person" means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a .joint or common interest, or any other legal entity. (g) "Professional Consultant" means an independent contractor who provides assistance in support of County operations in one of the following professional fields: (1) Medical Services - medicine, psychiatry, dental, hospital, and other health professionals. (2) (3) Leqal Services - attorneys and legal professionals. Financial Services - bond counsel, rating and underwritinq, financial advisor, and investment services. (4) Architect and Enqineerinq Services - architect, engineering, landscape architecture, or land surveying services. (5) Appraisal Services - real and personal property appraisers. (6) Audit and Accountinq Services - auditors and accountants. (7) Consultants - planning, management, or scientific advisors. Section 1-2-47. Disclosure of Lobbyists by Consultant Required. Professional (a) No Professional Consultant shall submit any proposal to the Board for the performance of any services unless full disclosure is made prior to or concurrently with the submission of the proposal. The disclosure requirements herein shall ba Struck through passages are deleted. added. --3-- Underlined passages are 556 088 BOOK continuinG, and the consultant shall have the obligation to amend any disclosure filed or file appropriate disclosures with tho Clerk upon utilization of the services of a lobbyist as defined herein whether same occurs before or after the employment of tho consultant. Such disclosure shall include the followinG: (1) (2) (3) The name of any Lobbyist, employed directly or indirectly by the consultant for the purpose of influencinq or attempting to influence the selection of the professional consultant by th~ Board. The name and address of the Lobbyist. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. (b) The disclosure shall be filed with the Clerk on forms provided by the County and such records shall be open to the public. Section 1-2-48. Lobbyist Registration and Reporting Requirments. (a) A Lobbyist who receives compensation directly or indirectly on an item before the Board shall reqister with thm Clerk prior to engaging in any lobbying activity within thm County or with any Commissioner or County employee unless such representation has been publicly announced or will be publicly announced prior to Commission action. This shall be a continuing requirement. Every Person required to register as a Lobbyist shall register on forms provided by the County and shall stata under oath his name, business address, and the name and business o~ .... ,. ~ ..... ~ passages are deleted. added. --4-- Underlined passages are &,586 087 address of each principal represented. A separate reqistration form shall be required for each principal represented. All registrations shall be open to the public. (b) A Lobbyist, when in doubt about the applicability and interpretation of this section in a particular context, shall submit in writing the facts for an advisory opinion to the County Attorney. Ail advisory opinions of the County Attorney shall bo numbered, dated, and furnished to the Board and shall be open to public inspection. (c) The Clerk shall keep all advisory opinions of tho County Attorney relating to Lobbyists and lobbying activities, as well as a current list of registered Lobbyists and their respective reports required under this section, all of which shall be open for public inspection. Section 1-2-49. Exemptions. The followinq persons shall not be reGuired to register am Lobbyists: (a) County employees acting in the scope of their county employment; (b) Law enforcement personnel conducting an investigation; and (c) Persons who communicate with Board members to express support of or opposition to any item pending before the Board in their individual capacity for the purpose of self-representation, or on behalf of their immediate family, without compensation or reimbursement. ~°~" ~.,~ passages are deleted. added. -5- Underlined passages are PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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. PART D. 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 E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. Struck ~ ..... ~ passages are deleted added. -6- Underlined passages are B, OOK PART F. PENALTIES. Violation of this ordinance is a misdemeanor pursuant to Section 125.69, Florida Statutes, and is punishable under said section by imprisonment for up to sixty (60) days, or a fine of up to S500.00, or both such imprisonment and fine. Violation of this ordinance, as it relates to the hiring/retention of consultants, may also result (at the option of the County) in the termination or voiding of the contract entered into with that consultant. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART H. Chairman Jack Krieger Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Judy Culpepper Commissioner Jim Minix CODIFICATION. Aye Nay Nay Aye Aye 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. Struck ~ ..... ~ passages are deleted added. -7- Underlined passages are 588 090 I~OOK PASSED AND DULY ADOPTED this 3rd day of May, 1988. ATTEST: BOARD OF COUNTY cOMMTS~0~NE.~S~ ST. LUCIE COUNTY,_~/FLORID,A BY: APPROVE~AS TO FORM AND CORRECTNESS: Struck added. ~ ..... ~ passages are deleted. 8 Underlined passages are 091 ORDINANCE NO. 88-32 AN ORDINANCE AMENDING CHAPTER 1-5 (BUILDINGS AND BUILDING REGULATIONS) ADDING ARTICLE X TO PROVIDE FOR THE ADOPTION OF A FIRE PREVENTION CODE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 125.01, F.S., the Board has the authority to adopt ordinances to protect the public health, safety, and public welfare of the citizens of St. Lucie County, Florida. 2. Section 633.025, F.S., requires each county with fire safety responsibilities to adopt and enforce certain fire prevention codes. 3. The Board of County Commissioners has determined that the adoption of a fire prevention code is in the best interest of the public health, safety and 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. CHAPTER 1-5 BUILDINGS AND BUILDING REGULATIONS, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS AMENDED AS FOLLOWS: Fire Prevention Code Article X. Adopted. Section 1-5-91. The National Fire Protection Association (NFPA) 101, Lifa Safety Code, 1985 edition, and the National Fire Protection Association (NFPA) Pamphlet 1, 1982 edition is adopted by reference as the fire code of the county, to apply to the unincorporated areas of the county. A copy of such codes shall ...... ~.. passages are deleted. added. --1-- Underlined passages are 199 BOOK ~ PA6E 'be filed in the o.~fice of the community development director and sha~[ be available for public inspection during the regular business hours of such office. Section 1-5-92 - 1-5-100. Reserved. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 AND APPLICABILITY. 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 D. 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 E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. Struck through passages are deleted. added. --2-- Underlined passages are I~OOK PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART G. Chairman Jack Krieger Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Judy Culpepper Commissioner Jim Minix CODIFICATION. Aye Aye Aye Aye Aye 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 renumbered or relettered to accomplish such intention; provided, however, Ghat Parts B through G shall not be codified. ATTEST PASSED AND DULY ADOPTED this 26th day of April, 1988. BOARD OF COUNTY COMMISSIONERS,, ST. LU~UNTY, FLORIDA / CHAIRM ~1~:, . '88 ~AY-3 AIO:I~ FI[.~ : ; .L. DO'_,:' ! <Y~ Struck through passages are deleted. added. -3- Underlined passages are ORDINANCE NO. 88-33 AN ORDINANCE AMENDING CHAPTER 1-3 "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; THEREBY AMENDING SECTION 1-3-13 TO ADD THE DEFINITIONS OF "EMPLOYEE" AND "HOTEL OR MOTEL"; AMENDING SECTION 1-3-14(g) TO DELETE THE LANGUAGE CONCERNING USE OF RESTROOMS; ADDING SECTION 1-3-14 (h) TO PROHIBIT THE EXPOSITION OF ANY GRAPHIC REPRESENTATION, INCLUDING PICTURES OR THE PROJECTION OF FILMS OR VIDEO TAPES, WHICH DEPICTS SPECIFIED ANATOMICAL AREAS OR SPECIFIED SEXUAL ACTS; ADDING SECTION 1-3-15 "EXEMPTIONS" TO PROVIDE FOR EXEMPTIONS FOR USE OF RESTROOMS, DRESSING ROOMS, AND HOTEL OR MOTEL BEDROOMS OR SUITES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, APPLICABILITY AND FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, this Board adopted Ordinance No. 88-11 on January 26, 1988; and WHEREAS, this Board has determined to amend Ordinance No. 88-11 to clarify certain sections of that ordinance as specified herein; WHEREAS, this Board has determined that the amendments specified herein are in the best interest of public health, safety and 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: Section 1-3-13. Definitions. The following definitions shall apply in this ordinance: (a) "Alcoholic beverage" means all beverages containing more than one percent (1%) of alcohol by weight, including beer and wine. 579 500~ (b) "Board" means the Board of County Commissioners of St. Lucie County, Florida. (c) "Commercial" means operated for pecuniary gain, which shall be presumed for any establishment which has received an occupational license. For purposes of this ordinance, operating for pecuniary gain shall not depend on actual profit or loss. (d) "Employee" means a person who works or performs in n commercial establishment, irrespective of whether said person i~ paid a salary or wage by the owner or operator of tho establishment. '~ "Establishment" means a physical plant or location or (e) the commercial activities or operations bein9 conducted, or both together, as the context of this ordinance may require. (f) "Hotel or Motel" means a buildinq in which lodginq is provided or offered to the public for compensation. (g) ~e~ "Person" means individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, government officials, government entities and all other groups or combinations. '~ "Premises" means a physical plant or location which is (h) enclosed by walls or any other enclosing structural device, or which is covered by a single roof or with a single shared entrance, if not covered by a single roof, and shall include any structure, structures or land, or contiguous structures or land, within 500 feet of the physical plant or location where such structures or land and the physical plant or location are under common ownership, control or possession. Struck ~ ..... ~ passages are deleted added. -2- Underlined passages are 579 (i) ~j~ "Specified Anatomical Areas" means less than opaquely covered: (a) human genitals; (b) human pubic region; (c) human female breasts at or directly below the areola. This prohibition shall include the entire lower portion of the female breast but shall not be interpreted to include any portion of the cleavage of the breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed. (d) human male genitals in a discernible turgid state, even if completely and opaquely covered; (e) human buttocks. "Specified Sexual Activities" means: (1) human genitals in a state of sexual stimulation, arousal or tumescence; (2) acts of human adamutism, analingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellatio, flagellation, frottage, hyphephilia, masochism, masturbation, sadism, sadomasochism, sexual intercourse, sodomy, or urolagnia; (3) fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; (4) excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above. (k) ~; ~ "Straddle Dance" also known as a lap dance" or %~1 " "facedance" means the use by an employee, whether clothed or not, of any part of his or her body to massage, rub, stroke, knead, caress or fondle the genital or pubic area of a patron, while on the premises, or the placing of the genital or pubic area of an °~ .... " ~ ..... ~ passages are deleted. added. -3- Underline passages are 0R employee in contact with the face of a patron, while on the premises. Section 1-3-14. Prohibition of Certain Activities. (a) It shall be unlawful for any person, while on the premises of a commercial establishment at which alcoholic beverages are present, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises, to expose specified anatomical areas while on the premises. (b) It shall be unlawful for any person owning, maintaining, operating or leasing any commercial establishment at which alcoholic beverages are present, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises to knowingly, or with reason to know, suffer, permit or allow any person on the premises to violate sub- paragraph (a) of this Section. (c) It shall be unlawful for any person, while on the premises of a commercial establishment at which alcoholic beverages are present, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises to engage in or simulate any specified sexual activities. (d) It shall be unlawful for any person, while on the premises of a commercial establishment at which alcoholic beverages are present, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the Struck ~..~,,~ passages are deleted. added. -4- Underlined passages are 5 79 2938 ' premises, to participate in a straddle dance, as that term is defined herein. (e) It shall be unlawful for any person owning, maintaining, operating or leasing a commercial establishment at which alcoholic beverages are present, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises, to knowingly or with reason to know, suffer, permit or allow any person to engage in or simulate any specified sexual activities on the premises. (f) It shall be unlawful for any person owning, maintaining, operating or leasing a commercial establishment at which alcoholic beverages are present, or available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises, to knowingly or with reason to know, suffer, permit or allow any person to participate in a straddle dance on the premises, as that term is defined herein. (g) It shall be unlawful for any person, while on the premises of a commercial establishment at which alcoholic beverages are, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises, to use or be present in areas partitioned or screened from public view that are designed to be occupied together or alone by any person or persons on the premises of such establishment for the purpose of engaging in specified sexual activities or the exposure of specified anatomical areas ,,A~..~ ~ ~ Struck ~ ..... ~ ...... ~ passages are deleted. added. -5- Underlined passages are O~ oo 579 (h) It shall be unlawful for any person owninq, maintaining, operating or leasinq a commercial establishment at which alcoholic beverages are present, or available to be sold, dispensed, consumed, possessed or offered for sale or consumption on the premises, to knowinqly or with reason to know, suffer, permit or allow the exposition of any graphic representation, includinq pictures or the projection of films or video tapes, which depicts specified anatomical areas or specified sexual acts. Section 1-3-15. Exemptions. (a) Use of Restrooms. Notwithstanding any provisions oF this ordinance to the contrary, it shall not be unlawful for any person to expose specified anatomical areas in connection with the use of approved sanitary facilities commonly known as restrooms. However, specified anatomical areas shall be exposed or displayed only in connection with excretory functions. (b) Use of Dressinq Rooms. Notwithstanding any provisionF~ of this ordinance to the contrary, it shall not be unlawful fo~ any employee of an establishment to expose any specified anatomical area durinq the employees' use of a dressinq room which is accessible only to employees and may not be viewed by persons other than employees. Struck ~ ..... ~ ...... ~.. passages are deleted. added. --6-- Underlined passages are (c) Use of Hotel or Motel Bedrooms or Suites. Notwithstanding any provisions of this ordinance to the contrary, the provisions of this ordinance shall not apply to bedrooms or suites in a hotel or motel which are utilized for lodging or other private, non-commercial purposes. Section 1-3-~16. Proof. (a) In all actions, civil or criminal, for violation of this ordinance, proof that the beverage was an alcoholic beverage, may be made by any person who, by experience in the past in handling or use of alcoholic beverages, or who by taste, smell or drinking of such liquids has knowledge of the presence of the alcoholic content thereof or the intoxicating effect thereof, may testify as to his or her opinion whether such beverage is an alcoholic beverage. (b) The presence of alcoholic content of any beverage, may be shown by hydrometer or gravity test made in or away from the presence of the fact finder by any person who has knowledge of the use of said instrument. Section 1-3-~617. Penalties. (a) The Board may bring suit to restrain, en3oin or otherwise prevent the violation of this ordinance in the Circuit Court of St. Lucie County, Florida. (b) Violation of this ordinance is a misdemeanor pursuant to Section 125.69, Florida Statutes, and is punishable under said section by imprisonment for up to sixty (60) days or a fine of up ...... ~., passages are deleted. added. -7- Underlined passages are oo 579 to five hundred and 0/100 dollars imprisonment and fine. (c) If the owner, operator, ($500.00), or both such lessor, lessee, manager, employer or any other person participating in the maintenance or operation of a commercial establishment at which alcoholic beverages are, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises violates this ordinance, the St. Lucie County Occupational License issued to such violator for said establishment may be revoked by action of the Board at a public hearing upon due notice. (d) If at any time the license for the commercial establishment is revoked pursuant to subsection (c) above, at least one (1) year shall elapse before another license may be issued for the same establishment. Such license may be issued only after a public hearing held before the Board. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 Struck ~..~,.~ passages are deleted. added. -8- Underlined passages are 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 D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout 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 on April 1, 1988. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART H. Chairman Jack Krieger Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jim Minix Commissioner Judy Culpepper CODIFICATION. Aye Aye Aye Aye Aye Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word Struck through passages are deleted. added. -9- Underlined passages are 0~ 579 "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 22nd day of March, 1988. ATTEST :, /~ ~'~ c.~ CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By ' <;- / ' APPROVED AS TO FORM CORR~CTNE~SS: COUNTY A~O~EY ST. LUC.! ~ ~ ~ ~rucA through passages are deleted. added. -10- Underlined passages are oo 579 ORDINANCE NO. 88-34 AN ORDINANCE AMENDING ARTICLE III "ROAD IMPACT FEE" OF CHAPTER 1-17 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; THEREBY AMENDING SECTION 1-17-34 TO MODIFY THE DEFINITION OF "SITE RELATED IMPROVEMENTS"; AMENDING SECTION 1-17-33.1(a) AND (b) TO ELIMINATE THE WORD "PAYMENT"; AMENDING SECTION 1-17-33.1(c)(1) TO PROVIDE THAT NO CREDIT SHALL BE GIVEN FOR TRANSPORTATION CAPITAL NEEDS THAT ARE NOT IDENTIFIED IN THE COUNTY'S THOROUGHFARE PLAN OR IN THE ST. LUCIE COUNTY METROPOLITAN- PLANNING ORGANIZATION ROADS IMPACT FEE ELIGIBILITY NETWORKS; AMENDING SECTION 1-17- 33.1(c) TO DELETE SUBSECTION (3); AMENDING SECTION 1-17-33.1(c) TO MODIFY THE SUBPARAGRAPHS DEFINING STANDARDS FOR CREDITS FOR SAFETY-RELATED IMPROVEMENTS, OPERATIONAL IMPROVEMENTS, CAPACITY IMPROVEMENTS, APPLICATION PROCEDURE; PROVIDING FOR APPLICABILITY, SEVERABILITY, FILING WITH THE DEPARTMENT OF STATE, EFFECTIVE DATE AND PENALTY, ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance No. 85-10 imposing a road impact fee in St. Lucie County; and WHEREAS, the Board has determined that it is necessary and in the best interest of the health, safety and welfare of the citizens of St. Lucie County, Florida, to amend and clarify the section in the Roads Impact Fee Ordinance concerning credits against road impact fees. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. SECTION 1-17-34(g) OF CHAPTER 1-17 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS AMENDED TO READ: Struck ~ ..... ~ passages are deleted added. --1-- Underlined passages are oo 595 598 Section 1-17-34. Definitions. (g) "Site-related improvements" are capital improvements to roads and right-of-way dedications necessary to provide safe and adequate access to the develoDment in question --~- ...... ~ and which made ~j ~,,~ ~ ~,,~ ~~,,,~,,~ ~,, ~~,, are necessary by the ~ traffic to be generated by or attracted to the development in question. PART B. SECTION 1-17-33.1 OF CHAPTER 1-17 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS AMENDED TO READ: Section 1-17-33.1. Credits. (a) Scope Any person who shall commence any traffic impact- generating land development activity may apply for a credit against the roads impact fee for any contribution, construction, or dedication of land accepted and received by St. Lucie County, the appropriate local municipality, state or federal agency for transportation facilities that are creditable pursuant to this section. An application may be made for credit for any contribution, ~, construction or dedication made in St. Lucie County as required by a development order issued bY St. Lucie County, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie Village pursuant to its local development regulations or Section 380.06, Florida Statutes, or any additional development condition imposed by the Florida Land and Water Adjudicatory Commission on a development of regional impact to the extent the contribution, payment, construction or dedication meets the same needs as the roads impact fee. Struck ~,,~,,~ passages are deleted. added. --2-- Underlined passages are 599 (b) General Standards Prior to the issuance of any credits against the roads impact fee, the person who made the contribution, D~yme~Fe, construction or dedication of transportation facilities shall enter into an Impact Fee Credit Agreement with the Board of County Commissioners providing for the credit of contributions, payments, construction or dedications for transportation facilities made in St. Lucie County against the impact fee. The following provisions are the general rules for the award of credit, supplemented as provided in this Section and implemented by the Administrative Procedures: (1) Credit for contribUtions, ~, construction or dedications of the roads impact fee shall not be transferrable as a credit against other impact fees imposed for purposes other than roads. (2) If allowed by the Credit Agreement, credits may be assigned to successors in interest provided the County receives a recorded copy of the written agreement signed by both the assignor and the assignee. (3) No credit shall exceed the amount due for the roads impact fee. (4) No credit shall be given for dedications and transportation improvements dedicated or constructed before February 1, 1985. Any claim for credit for those improvements constructed after February 1, 1985, but prior to September 1, 1987, must be made no later than March 1, 1988, or those claims shall be deemed waived. (c) Specific Standards ~or any credit Credits against ~he road impact fee~ other ise payable proposed ~- b- -~ ~ ..... ~ ~--~ ......... ~ ~ allowed only under the following conditions: Struck ~..~..~ passages are deleted. Underlined passages are added. °" 600 oo 595 (1) County Need. The contribution, payment, construction or dedication shall meet a transportation capital need identified in the County's Thoroughfare Plan or in the St. Lucie County Metropolitan Planning Organization Roads Impact Fee Eligibility Networks. No credit shall be given for capital improvements that do not meet a transportation capital need identified in County's Thoroughfare Plan or in the St. Lucie County Metropolitan Planning Orqanization Roads Impact Fee Eliqibility Networks. (2) Site-Related Transportation Improvements. No credit shall be given for any site-related transportation improvements or site-related right of way dedications. Nonmite R~l~t~d transportation e~. Safety-related improvements. Safety-related improvements which do not increase road capacity shall receive no credit m~___,..~o~ ~' ..... -~- but are (4) b. Operational improvements. Nonsite related operational improvements shall receive credit to the extent that they provide increased capacity in ~ .... z ~ ~ percentage of th~ total capacity. .... ~ .... ~ ~- ~ intcrs~ction~ and t~f f~ ~" (5) c. Capacity improvements. Nonsite related capacity enlargements shall receive credit. ~ t~ f~l~tat~ th~ movement ~f ~ ..... ~ t~ ~'- credit shall be ~ - proportion to ~ ........ Struck through passages are deleted. added. --4-- Underlined passages are oo 5§5 601 (6) d. Right of way dedication. Credit for the dedication of nonsite-related right of way shall be valued at 120% of the most recent assessed value by the St. Lucie County Property Appraiser. Credit for the dedication of right of way shall be provided when the property has been conveyed at no charge to, and accepted by, the County in a manner satisfactory to the Board of County Commissioners. (7) em. Application procedure. Applicants for credit for construction of nonsite-related road improvements shall submit documentation of the actual engineering and constructiofl cost~ ~ to the County Administrator or his designee. The County Administrator or his designee shall determine credit for roadway construction based upon these cost~ ~ or upon alternative engineering and construction cost estimates if the County Administrator or his designee determines that such costs ~ submitted are A~ ....... ~ .... excessive or incomplete. (8) f. Time of claim; waiver. Except as provided in Section 1-17-33A(b)(4), any claim for credit must be made no later than the time of application for a building permit or for an electrical permit for a mobile home. Any claim not so made shall be deemed waived. PART C. APPLICABILITY. This ordinance shall apply to the unincorporated area of St. Lucie County and to the incorporated areas of St. Lucie County to the extent permitted by Article VIII, l(f) of the Constitution of the State of Florida. 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 Struck ~,,,u~,,~ passages are deleted. added. --5-- Underlined passages BOOK are 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 on August 1, 1988. PART G. PENALTY. A violation of this ordinance shall be a misdemeanor punishable according to law; however, in addition to or in lieu of any criminal prosecution, St. Lucie County or any feepayer shall have the power to sue in civil court to enforce the provisions of this ordinance. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jim Minix Commissioner Judy Culpepper AYE ABSENT ABSENT AYE AYE o= .... 1. ~ ..... ~ passages deleted ~ ~ ~ ~..~ ~.. are . added. --6-- Underlined passages are 595 603 BOOK PART H. 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ADOPTED this 5th day of July, 1988. CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ' APPROVED AS TO FORM.~D 'COUNTY ATTORNEY ATTEST: Struck through passages are deleted. added. -7- Underlined passages are 604 oo 595 ORDINANCE NO.: 88-35 FILE NO.: PA-87-036 AN ORDINANCEAMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE EAST SIDE OF NORTH KINGS HIGHWAY, APPROXIMATELY 2,000 FEET SOUTH OF INDRIO ROAD; (MORE PARTICULARLY DESCRIBED HEREIN) FROM SU (SEMI URBAN) TO CG (COMMERCIAL GENERAL); MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FORAN EFFECTIVE DATE AND ADOPTION. / / WHEREAS, the Board of County Co~missioners of St. Lucie County, Florida, has made the following determinations: 1. Joesph and Lucille Heintz presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi Urban) to CG (Commercial General) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 28, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi Urban) to CG (Commercial General) for the property desoribed below. oo 577 3. The Board held a public hearing on February 23, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on February 1, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: Section 25, Township 34, Range 39. North 235.32' of the south 998.64' as measured on the east line of Kings Highway of the east 300' of the west 371' of the northwest ¼ of the southwest ¼, containing 1.62 acres. (Location: On the east side of Kings Highway, approximately 2,000 ft. north of St. Lucie Blvd. ) owned by Joesph & Lucille Heintz, be, and the same is hereby changed from SU (Semi Urban) to CG (Commercial General). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas. D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affair~, 2571 Executive Center Circle East, Tallahassee, Florida, 32301. 577 I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger AYE' Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Judy Culpepper AYE Commissioner Jim Minix AYE ATTE.'ST: ' +7 CLERK PASSED AND DULY ADOPTED this 23rd day of February, 1988.. BOARD OF CO~ COI~IISSIO~'~ ST. LUCIE COUNTY, FLOR~ APPROVED AS TO FORM AND CORRECTNESS: '88 ~ '3 1111:36 FILF. dL,: :, : . · DOUGL ; ,t) ao4' COUNTY~OORNEY 577 BLiOt( 87'7088 RESOLUTION NO. 88-49 A RESOLUTION AMENDING RESOLUTION NO. 86-269, AS AMENDED, BY REVISING THE DESIGN SPECIFICATIONS OF THE SIDEWALK TO BE CONSTRUCTED IN THE MUNICIPAL SERVICE TAXING UNIT NO. 3 (SOUTH A-l-A) WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On December 23, 1986, by Resolution No. 86-269, this Board created and established Municipal Service Taxing Unit No. 3 (South A-1-A Sidewalk). 2. On February 3, 1987, this Board adopted Resolution No. 86-316, which amended Resolution No. 86-269 to correct certain scrivener errors and a typographical error in Resolution No. 86- 269. 3. On April 7, 1987, by Resolution No. 87-44, this Board extended the boundaries of the unit and the construction of the sidewalk. Resolution No. 87-44 provided that the sidewalk would be constructed on the West side of S.R. A-1-A from the South St. Lucie County Line (St. Lucie - Martin County Line) northerly to a point fifty (50) feet North of the center line of Surf Drive and continue on the East side of S.R. A-1-A northerly to a point on the North boundary line of Ocean Towers Condo "B". 4. The engineering consultants employed by this Board to design the sidewalk have recommended that the sidewalk crossover point be changed from a point fifty (50) feet North of the center 0~ oo, 577 905 line of Surf Drive to a point more or less three hundred (300) feet North of the center line of Surf Drive. 5. The design change recommended by this Board's engineering consultants would remove the need for relocation of existing landscaping at the previously proposed crosswalk location and would be of benefit to the general public. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: The design of the sidewalk to be constructed in the Municipal Service Taxing Unit No. 3 (South A-i-A), as created under Resolution No. 86-269 as amended, shall be revised to extend from the South St. Lucie County Line (St. Lucie - Martin County Line) northerly along the West side of S.R. A-1-A to a point more or less three hundred (300) feet North of the center line of Surf Drive. The sidewalk will continue on the East side of S.R. A-1-A northerly to a point on the North boundary line of Ocean Tower Condo "B" After motion and second, the vote on this resolution was as follows: Chairman Jack Krieger Vice Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jim Minix Commissioner Judy Culpepper Aye Aye Absent Aye Aye ' 77 PASSED AND DULY ADOPTED this 23rd day of February, 1988. ATTEST: BOARD OF COUNTY COMMI,S.$KONERS ST. LUCIE COUNTY, FLO,~i:~DA BY: C~i~A~N ~':* '- ~ 0 "' APPROVED AS TO FORM AMD CORRECTNESS ~ ,.~.~. COUN~~TORNEY 87705S 907 877099 ORDINANCE NO.: 88-36 FILE NO.: PA-87-026 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT NORTH SIDE OF EAST MIDWAY ROAD, 800 FEET EAST OF SOUTH U.S. #1 (MORE PARTICULARLY DESCRIBED HEREIN) FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CG (COMMERCIAL GENERAL); MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Charles R. Wilson presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RM (Medium Density Residential) to CG (Commercial General) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 28, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RM (Medium Density Residential) to CG (Commercial General) for the property described below. 577 BOOK 3. The Board held a public hearing on February 23, 1988, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on February 1, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucia County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucia County Growth Management Policy Plan for that property described as follows: The East 120 feet of Lot 26 of WHIT~- CITY SUIDI¥I$ION in Section 3, Township 36 South, Range 40 East, ms ~r plat thereof as recorded in Plat ~ook l, PaSs 23, of the Public bcoFd8 of St. Lucia County, Florida,. lass and excepting therefrom the North 50 faat thereof, also lels and excepting rights of ray for public roads and drainage cai~als. (Location: On the north side of White City Road, 800 ft. east of U.S. 1) owned by Charles R. Wilson, be, and the same is hereby changed from RM (Medium Density Residential) to CG (Commercial General). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and ob3ectives contained in the St. Lucia County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucia County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucia County Zoning Atlas. 577 913 D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, 2571 Executive Center Circle East, Tallahassee, Florida, 32301. 577 914 ~00~ I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Judy Culpepper AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 23rd day of February, 1988~ -ATTEST: -,~. ~ ~ .-.,.c,.~.,~ BOARD OF COUNTY COMMISSI~QNERS, ST. LUC~TY, FL~DA~,' APPRO~D AS )O FO~ CORRECTNESS: '88 I~R-3 Al1:36 FIL£U ,:~,i ~. , ST. LUCit:i ...... i ,',: ;. COUNTY' A~TORNE¥ ~oo~('~ 577 ~ 915 ORDINANCE NO. 88-37 AN ORDINANCE AMENDING SECTION 1-20-3(a) OF ARTICLE I OF CHAPTER 1-20 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ESTABLISHING THE POSTING OF A W$IGHT LIMIT ON SOUTH INDIAN RIVER DRIVE, FROM ORANGE AVENUE TO SEAWAY DRIVE, AND FROM CITRUS AVENUE TO THE SOUTH ST. LUCIE COUNTY LINE, OF NO MORE THAN SIX THOUSAND POUNDS; EXCLUDING MOTOR HOMES OR RECREATIONAL VEHICLES, DELIVERY VEHICLES, AND SCHOOL BUSES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR 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. Section 316.555, Florida Statutes, provides that the Board may prescribe weight limits lower than the limits prescribed in Chapter 316, Florida Statutes, whenever in its 3udgment, any road or part thereof shall, by reason of its design, deterioration, or other climatic or natural causes be liable to be damaged or destroyed by motor vehicles if the gross weight thereof shall exceed the limits established by the Board of County Commissioners. 2. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida, to establish the posting of a weight limit on the County maintained portions of South Indian River Drive of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. ~°~ .... =~" ~.,~=~,,~ passages are deleted. added. --1-- Underlined passages are .,',:' NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-3(a) OF ARTICLE I OF CHAPTER 1- 20. Section 1-20-3(a) of Article I of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-20-3. Truck weight limits established for certain roads. (a) All trucks having a gross weight in excess of the indicated weight are prohibited on the following roads or indicated portions thereof: "Beach Avenue", south and east of Oleander, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Carlton Road Extension", from the north line of Section 34, Township 36 South, Range 38 East, south to its intersection with Glades Cut-Off Road in the county, thirty-six (36) tons excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Citrus Park", at Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Coral Way", truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Deland Avenue", at Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. °= .... "through passages are deleted. added. --2-- Underlined passages are 465 "Ft. Pierce Boulevard", from Indrio Road to Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Juanita Avenue and Whispering Cr.", Bridge Number 940040, thirty-ton limit to be posted. "Keen Road & Belcher Canal", Bridge Number 940036',, eleven- ton limit to be posted. "Kings Highway", at Feeder Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Kirby Loop & 5 Mile Creek", Bridge Number 940067, ten-ton limit to be posted. "Lakeland Boulevard", at Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Marina Drive", truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "MCCarty Road and 10 Mile Creek", Bridge Number 940031, twelve-ton limit to be posted. "MCCarty Road and 11 Mile Creek", Bridge Number 940030, twelve-ton limit to be posted. "North 37th Street", from Avenue D to Avenue C, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "North 39th Street", from Avenue D to Orange Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "North Jenkins Road Bridge", over Canal No. 44, eight (8) tons per vehicle; twelve (12) tons per semi-trailer combination; sixteen (16) tons per truck and full trailer. Struck ~ ..... ~ passages are deleted added. --3-- Underlined passages are "Oleander Avenue", from Virginia Avenue to Edwards Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Oleander Avenue", South of Midway Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Palomar Parkway", at Feeder Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Peterson Road Bridge", located between Sections 7 and 18, Township 35 South, Range 40 East (over North St. Lucie River Water Management District Canal 29) in the county, eight (8) tons. "Peterson Road Bridge", over 5 Mile Creek, zero (0) tons. "Prima Vista Boulevard", from Floresta Drive West, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Riomar Drive", from Prima Vista Boulevard to U. S. 1 (S.R. 5), truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Rose Lane", in the county, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Seneca Avenue", truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Shinn Road & Canal 71", Bridge Number 940027, eleven-ton limit to be posted. Struck ~ ..... ~ passages are deleted added. 4 Underlined passages are ~0~ "South Indian River Drive", from Orange Avenue to Seaway Drive, and from Citrus Avenue to the South St. Lucie County Line, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Sunrise Boulevard", between Edwards Road and Bell Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Taylor Dairy and Belcher Canal", Bridge Number 940041, twelve-ton limit to be posted. "Taylor Dairy and Canal No. 1", Bridge Number 940043, ten- ton limit to be posted. "Winter Garden Parkway", at Feeder Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "53rd Street & Belcher Canal", Bridge Number 940068, eleven- ton limit to be posted. (b) Notice of the establishment of such weight limits shall be posted at the intersections on such roads. 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 AND APPLICABILITY. 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 Struck ~.,,u~,.~ passages are deleted. added. --5-- Underlined passages are ordinance. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. 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 D. 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. PART E. EFFECTIVE DATE. This ordinance shall take effect on May 1, 1988. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger Aye Vice Chairman Havert L. Fenn Absent Commissioner R. Dale Trefelner Aye Commissioner Judy Culpepper Aye Commissioner Jim Minix Aye 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. Struck ~..~..~ passages are deleted. Underlined passages are added. PASSED AND DULY ENACTED this 5th day of April, 1988. CLERK BOARD OF COUNTY ST. ~OUNTY,/ BY: / APPROVED AS TO FORM AND COU TY EY Struck ~..~.,~ passages are deleted. added. --7-- Underlined passages are °~ 5~Z ~- 470 0922930 ORDINANCE NO. 88-39 AN ORDINANCE AMENDING CHAPTER 1-19 "SUBDIVISION REGULATIONS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; THEREBY AMENDING SECTION 1-19-6(b) TO CHANGE THE DEFINITION OF-- ACCESS ROAD; AMENDING SECTION 1-19-6(C) TO DELETE SUBPARAGRAPH (1) AND RENUMBER THE REMAINING SUBPARAGRAPHS; AMENDING NEW SUBPARAGRAPH 1-19-6(c)(1) TO PROVIDE FOR THE PAVING OF PRIVATE AND PUBLIC ROADS; AMENDING NEW SUBPARAGRAPH 1-19-6(c)(2) TO PROVIDE THAT THE BOARD OF COUNTY COMMISSIONERS SHALL WAIVE THE PAVING REQUIREMENTS AND PROVISIONS UNDER CERTAIN CONDITIONS AS SPECIFIED IN THE SUBPARAGRAPH; AMENDING NEW SUBPARAGRAPH 1-19-6(c)(3) TO PROVIDE THAT THE BOARD OF COUNTY COMMISSIONERS SHALL WAIVE THE PAVING REQUIREMENTS AND PROVISIONS FOR SCENIC AND HISTORIC ROADS UNDER CERTAIN CONDITIONS AS SPECIFIED IN THE SUBPARAGRAPH; URTHER AMENDING SECTION 1-19-6(c)4 a.i. TO PROVIDE FOR THE METHOD OF DETERMING A DEVELOPER'S FAIR SHARE CONTRIBUTION; AMENDING SECTION 1- 19-6(c) 4 b. ii. TO PROVIDE THAT THE BOARD MAY ENTER INT0 A DEVELOPMENT AGREEMENT PURSUANT TO SECTION 163.3220, FLORIDA STATUTES OR CREATE A MUNICIPAL SERVICE TAXING OR BENEFIT UNIT TO ENSURE THE PAYBACK OF MONIES EXPENDED BY A DEVELOPER ON THE PAVING OF AN ACCESS ROAD OVER AND ABOVE THE DEVELOPER'S FAIR SHARE CONTRIBUTIONS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, APPLICABILITY AND FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. It is necessary and in the best interest of the health, safety, and welfare of the residents of St. Lucie County to amend chapter 1-19 "Subdivision Regulations" of the Code of Ordinances of St. Lucie County, Florida, to provide for certain subdivision road paving requirements. °= .... '- =~ ..... ~ passages are deleted. added. --1-- Underlined passages are 607 2. This Board believes that adequate paved road facilities to access subdivision development should be available concurrent with the impacts of the development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THAT: PART A. CHAPTER 1-19 "SUBDIVISION REGULATIONS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED AS FOLLOWS: Section 1-19-6. Paving. (a) Generally. Ail streets shall be paved according to standard county specifications. (b) Definitions. As used in this section, the following term shall have the following definition: Access road - A private road or public road that mey--be i__s used to provide road access to a subdivision. (c) Paved road requirements for subdivisions which utilize unpaved public or private roads for access. The following paving requirements shall apply to subdivisions which utilize unpaved public or private roads and roadways for access: ( ) ~ ............. .... a cations tt d d ~ ~ .... " ~ ..... ~ passages are added. deleted. --2-- Underlined passages are ONQ'7 (1) -(--2--)- (2) ~~""~"~- Access roads. Provisions for the paving of unpaved m ..... access roads that access the subdivision shall be required as specified below under general requirements. County road design and construction standard specifications shall apply to all paving improvements. Waiver. Paving requirements and provisions mey shall be waived by the Board of County Commissioners, following a public hearing, if the Board determines: (1) that the road paving is not essential to provide adequate access to the proposed subdivision and through the surrounding area or (2) that the road will be paved as part of the County's five (5) year road program or an approved municipal service taxing or benefit unit or (3) that the access road does not have adequate right of way in which to construct the necessary paving improvements in accordance with County standards. If paving requirements are waived, the Board may attach conditions deemed necessary to minimize the impacts of the road on the surrounding area including, but not limited to, payment by the developer of the subdivision's fair of .... share pavinq costs .... C ................. for the unpaved public or Struck =~ ..... ~ passages are deleted added. --3-- Underlined passages are private road providing access to the subdivision prior to issuance of final plat approval us~ pursuant to the procedures set out in Section 1- 19-6(c)(4)a.i. -- (3) ~ Scenic and historic roads. Paving requirements and provisions for subdivisions utilizing unpaved scenic or historic routes, as designated by the Board of County Commissioners, shall be addressed on a case-by-case basis. The requirements specified below under general requirements shall apply---~ ........ ~ ~ ..... ~---~ ~-' ~- ~---~ of Count/ Commissioners. Paving requirements and provisions mey shall be waived by the Board of County Commissioners if the Board determines: a. That the scenic or historic value or significance of the road would be adversely impacted by road paving. b. That road paving is not essential to provide adequate access to the particular development and through the surrounding area, and c. That the preservation of scenic or historic values outweighs the impacts of permitting a particular use to develop without paved access, If paving requirements are waived, the Board may attach any conditions deemed necessary to minimize impacts on the road and surrounding area. °~ .... " =~ ..... ~ passages are deleted. Underlined passages are added. BOOKgU/ General requirements . Paving requirements are established to ensure that adequate road improvements are provided to adequately serve the subdivision. County road design and construction standards shall apply to all paving improvements. Mixture of residential and nonresidential traffic shall be avoided where possible. Persons applying for plat approval of subdivisions utilizing u~peve~ access roads shall, as part of their application, include the appropriate provision for paving, as specified below. The county engineer shall determine the estimated the subdivision in standards and good average daily traffic of accordance with accepted traffic engineering practice. a. Small traffic attractors/generators. Subdivisions determined to be small traffic attractors/generators, defined as subdivisions generating less than one hundred (100) average daily trips, shall provide for road paving as follows: i. Access road frontage: For the paving of a road(s) accessing the--p~ subdivision, the applicant shall submit funds in the amount of the subdivision's fair share of paving costs as determined by the Board of County Commissioners prior to the issuance of final plat approval. The fair share contribution shall be determined and St~k~,.~,. passages are deleted. added. --5-- Underlined passages are oo 607 prorated according to front footage or by such other lawful and eGuitable method as the Board may prescribe. Said funds shall be held by the county for a period not to exceed ten (10) years to be used for the paving of the road(s) accessing the subdivision. Any funds not expended or encumbered by the end of the calendar quarter immediately following ten (10) years from the date the funds were submitted to the County shall, upon application of the feepayer, be returned to him with interest at the rate of six (6%) percent per annum. The road segment to be funded and later paved shall include all of the subdivision's frontage on the road. Any required submission of escrow funds shall include an escrow agreement acceptable to the County Attorney. Such agreement shall include provisions necessary to accomplish and facilitate future road paving. ii. Paving option: In lieu of submitting funds for paving under (4)a.i. above, the developer may propose to pave or arrange for paving the subdivision's access road frontage notwithstanding requirements for roads designated on the Thoroughfare Plan, if such paving would connect to a paved public road. If such a paving option is utilized, no final plat approval shall be issued for all or any portion of the p~ subdivision until all paving has been completed, and improvements are inspected and approved by the county. At the option of the Board of County Commissioners, the developer may furnish the County security in the amount of 115% of the estimated cost of providing the paving improvement at the time of final plat approval. The County Engineer shall approve the amount of security to be furnished. iii. Multiphase projects: For purposes of determining if a multiphase subdivision is a small traffic attractor/generator, the total number of project trips shall be °~ .... " ~ ..... ~ deleted ~~ ~,,~., passages are . added. --6-- Underlined passages are 607 BOOK iV. compared to the small traffic project definition criteria. Cumulative effect: No final plat approval shall be issued for any subdivision utilizing access on an unpaved public or private-- road that exceeds two hundred (200) average daily trips as determined by the County Engineer until the road accessing the subdivision is paved from the subdivision's access point(s) to a paved public road. For the purpose of this ordinance and determination of this cumulative effect, all access roads in the unincorporated County are assumed to have a zero (0) average daily trip count as of the effective date of the ordinance. Provisions specified below under 5(b)ii and iii shall apply. The County Engineer's decision may be appealed to the Board of County Commissioners. In considering the cumulative effect of small traffic attracting/generating subdivisions on a road(s) or on an area, the Board of County Commissioners may determine the need for a municipal service taxing or benefit unit or assessment for road paving purposes in developed or developing areas, and may impose such an assessment. b. Large traffic attractors/generators. Subdivisions determined to be larger traffic attractors/generators, defined as subdivisions generating one hundred (100) or more average daily trips, shall provide for road paving as follows: Access road frontage to access point(s): The unpaved public or private road accessing the subdivision shall be paved from the subdivision's access point(s) to a paved public road. The design of the connection shall be in accordance with county design standards. Said paving Struck ~,,,~,,~ passages are deleted. added. Underlined passages are 507 800~ ii. iii. shall be completed, and improvements inspected and approved by the county, prior to the issuance of final plat approval. At the option of the Board of County Commissioners, the developer may furnish the County security in the amount of 115%--of the estimated cost of providing the paving improvement at the time of final plat approval. The County Engineer shall approve the amount of security to be furnished. In considering the effect of large traffic attracting/generating subdivisions on a road(s) or on an area, the Board of County Commissioners may enter into a development aqreement with the developer pursuant to Section 163.3220, et seq., Florida Statutes to ensure the refund of monies expended by the developer on the paving of the unpaved access road pursuant to 4(b)(iv), above the developer's fair share contribution as monies are made available by other development that uses the unpaved road as access to a paved public road. The Board may also ~ ~.~ .... ..~ ~=A- e create a municipal service taxing or benefit unit or assessment for road paving purposes in developed or developing areas, and may impose such an assessment. Remaining access road frontage: For the paving of portions of a subdivision's access road frontage not covered in the above paving requirement 4(b)i, the developer shall submit funds in the amount of the subdivision's fair share of paving costs prior to the issuance of final plat approval. Said funds shall be held by the county for a period not to exceed ten (10) years to be used for the paving of the road accessing the subdivision. Any funds not expended or encumbered by the end of the calendar quarter immediately following ten (10) years from the date the funds were submitted to the County shall, upon application of the feepayer, be returned to him with interest at the rate of six (6%) percent per annum. The road segment to be funded and later paved shall include all of the subdivision's frontage on the °= ' ~ ..... ~ passages are deleted. added. --8-- Underlined passages are iV. road. Any required submission of escrow funds shall include an escrow agreement acceptable to the County Attorney. Such agreement shall include provisions necessary to accomplish and facilitate future road paving. Paving option: In lieu of submitting funds for paving specified under (4)b.iii above, the developer may propose to pave or arrange for paving the subdivision's remaining access road frontage, notwithstanding requirements for roads designated on the Thoroughfare Plan, if such paving connects to a paved public road. If such a paving option is utilized, no final plat approval shall be issued for all or any portion of the subdivision until said paving is completed, and improvements are inspected and approved by the county. At the option of the Board of County Commissioners, the developer may furnish the County security in the amount of 115% of the estimated cost of providing the paving improvements at the time of final plat approval. The County Engineer shall approve the amount of security to be furnished. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 AND APPLICABILITY. 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 °~ .... '- ~ ..... ~ passages are deleted. added. --9-- Underlined passages are 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 D. 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 E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger AYE Vice-Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jim Minix AYE Commissioner Judy Culpepper ABSENT 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 Struck ~ ..... ~ passages are added. deleted. Underlined passages are oo 607 ^ 2095 renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. AND DULY ADOPTED this 4th day of October, 1988 ~. 0922930 '88 OgT 18 /19:.38 $ T. L °= .... " ~ ..... ~ deleted .... ~ ..... ~,, passages are . added. -11- Underlined passages are oo 607 ORDINANCE NO. 88-41 AN ORDINANCE AMENDING SECTION 1-16.5-1 (USE OF AUDIBLE WARNING SIGNALS) OF ARTICLE I (IN GENERAL) OF CHAPTER 1-16.5 (RAILROADS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY DELETING THE LANGUAGE SPECIFYING WITHIN THE UNINCORPORATED AREAS OF ST. LUCIE COUNTY UNDER SAID SECTION; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY THROUGHOUT ST. LUCIE COUNTY'S JURISDICTION; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 351.03(4)(a), as created by Chapter 84-73, Laws of Florida, authorizes local governments to enact ordinances prohibiting trains from emitting audible warning signals between 10:00 p.m. and 6:00 a.m. in advance of any public railroad- highway grade crossing having train-activated automatic traffic control devices that include flashing lights, bells, and crossing gates. 2. On February 9, 1988, this Board adopted Ordinance No. 88-15 which prohibited within the unincorporated areas of St. Lucie County any railroad train of a railroad company operating wholly within the State of Florida from emitting audible warning signals between the hours of 10:00 p.m. and 6:00 a.m. in advance of any public railroad-highway grade crossing having train- activated automatic traffic control devices that include flashing lights, bells, and crossing gates. ~°~" through passages are deleted. added. 1 Underlined passages are 3. Under Attorney General Opinion 85-48, dated June 14, 1985; Section 351.03(3), Florida Statutes (1984 Supp.), does not authorize a noncharter county to adopt an ordinance which restricts audible train warning signals during certain hours only in the unincorporated area of the county; in the absence of any conflicting municipal ordinances which would constitutionally limit the effect of a countywide restriction on such signals, a county ordinance prohibiting the sounding of railroad train horns and whistles during certain hours adopted pursuant to Section 351.03(3), Florida Statutes, would be applicable to all appropriately signalized public at-grade crossings within the county over which railroad trains of railroad companies operating wholly within the State pass. 4. Due to the above mentioned Attorney General Opinion of June 14, 1985, it is necessary to amend Section 1-16.5-1 of Article I of Chapter 1-16.5 of the Code of Ordinances of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-16.5-1 (USE OF AUDIBLE WARNING SIGNALS) OF ARTICLE I (IN GENERAL) OF CHAPTER 1-16.5 (RAILROADS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA. Section 1-16.5-1 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended as follows: CHAPTER 1-16.5 RAILROADS ~°~ .... ~" =~,,~=~,,~ passages are deleted. added. --2-- Underlined passages are BOOK ARTICLE I. IN GENERAL Section 1-16.5-1. Use of audible warning signals. '"~ ~ ~ ~ ~ ...... = St L''-~ ~ ~ No railroad train of a railroad company operating wholly within this State may emit an audible warning signal between 10:00 p.m. and 6:00 a.m. in advance of any public railroad-highway grade crossing having train-activated automatic traffic control devices that shall include flashing lights, bells, and crossing gates. Section 1-16.5-2 - 1-16.5-10. Reserved. PART B. POSTING OF SIGNS. The St. Lucie County Road and Bridge Director is hereby directed to erect signs at all crossings affected by this ordinance containing the following warning: NO TRAIN HORNS 10:00 P.M. - 6:00 A.M. Such signs shall conform with the uniform system of traffic control devices as specified in Section 316.0745, Florida Statutes. PART C. 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. ............ ~,, passages are deleted. added. --3-- Underlined passages are I~00~ 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 circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART E. APPLICABILITY. This ordinance shall be applicable throughout St. Lucie County's jurisdiction except where in conflict with a municipal ordinance to the extent of such conflict. PART F. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART G. EFFECTIVE DATE. This ordinance shall become effective upon adoption by the Board of County Commissioners of St. Lucie County, Florida, and upon receipt of acknowledgement by the Department of State. PART H. PENALTIES. Violation of this ordinance is a misdemeanor pursuant to Section 125.69, Florida Statutes, and is punishable under said section by a fine of up to $500.00 or imprisonment for up to sixty (60) days, or both such fine and imprisonment. ~°~ .... ~" ~..~ ..... u=~..~ passages are deleted. added. --4-- Underlined passages are 588 ~OOK PART I. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Jack Krieger Nay Vice Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Judy Culpepper Aye Commissioner Jim Minix Aye PART J. CODIFICATION. Provisions of this ordinance shall be incorporated in the County 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 C through J shall not be codified. PASSED AND DULY ADOPTED this 10th day of May, 1988. BOARD OF COUNTY COMMISSIONERS OUNTY, FLORIDA BY: ATTEST ' CLERK L~D AS TO FORM AND - APPR0I }C0RRi~iCTNESS: ~ '88 HAY 2~~)A8:48 ,,{ ... FIL~L ~ ~ Struck ~,,-~,~, passages are deleted. added. --5-- Underlined passages are 588 BOOK ORDINANCE NO. 88-42 AN ORDINANCE AMENDING ARTICLE II (MINING AND EXCAVATION OPERATIONS PERMIT) OF CHAPTER 1- 12.5 (MINING AND EXCAVATIONS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-12.5-23 (APPLICATION FOR MINING PERMIT) BY DELETING THE REQUIREMENT THAT AN APPLICATION FOR MINING PERMIT SHALL INCLUDE A LISTING OF ALL PROPERTIES WITHIN 50Q FEET OF THE AREA TO BE EXCAVATED, AND RENUMBERING THE EXISTING SUBSECTIONS CONSECUTIVELY; BY DELETING THE REQUIREMENT THAT AN APPLICATION FOR A MINING PERMIT SHALL INCLUDE A LOCATION MAP,~BY DELETING THE REQUIREMENT THAT AN APPLICATION FOR MINING PERMZT SHALL INCLUDE AN AERIAL PHOTOGRAPH, AND RELETTERING THE EXISTING SUBSECTIONS CONSECUTIVELY; AND FURTHER BY AMENDING SECTION 1-12.5-25 (PROCEDURE FOR OBTAINING MINING PERMIT) TO REQUIRE THE APPLICANT TO POST A PERFORMANCE BOND AND OBTAIN A MINING PERMIT WITHIN ONE YEAR, RATHER THAN SIXTY DAYS OF THE DATE OF APPROVAL BY THE BOARD BEFORE THE APPROVAL AUTOMATICALLY TERMINATES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01, Florida Statutes, empowers the Board of County Commissioners of St. Lucie County, Florida, to establish business and land use regulations and conservation programs necessary for the protection of the public. 2. On June 26, 1984, the Board of County Commissioners adopted Ordinance No. 84-06 which established requirements for a permit to conduct mining and excavation operations in St. Lucie ............ ~,, passages are deleted. added. 1 Underlined passages are 588 County, Florida, which was later amended on July 1, 1986, by Ordinance No. 86-16 and Ordinance No. 86-40. 3. The current subsection (a)(4) of Section 1-12.5-23 (Application for Mining Permit), of Article II (Mining and Excavation Operations Permit) of Chapter 1-12.5 (Mining and Excavations) of the Code of Ordinances of St. Lucie County provides that the application for mining permit shall include an operational statement which includes a listing of all properties within five hundred (500) feet of the area to be excavated by property appraiser tax identification number and property owner name. 4. This subsection should be deleted as the St. Lucie County Engineering Department obtains said listing. 5. The current subsection (c) of Section 1-12.5-23 (Application for Mining Permit), provides that the application for mining permit shall include a location map delineating the prooperty boundaries on property appraiser maps. 6. This subsection should be deleted as the St. Lucie County Engineering Department prepares the location map. 7. The current subsection (d) of Section 1-12.5-23 (Application for Mining Permit), provides that the application for mining permit shall include an aerial photograph depicting all of the property to be mined. 8. This subsection should be deleted as the St. Lucie County Engineering Department prepares the aerial photograph. °~ .... " ~ ..... ~ deleted ............ ~., passages are . added. --2-- Underlined passages are 588 ~00~ 9. The current subsection (d) of Section 1-12.5-25 (Procedure for Obtaining Mining Permit), provides that if the applicant fails to post a performance bond and obtain a mining permit within sixty (60) days of the date of approval of the Board of County Commissioners, the approval shall automatically terminate. 10. This subsection should be amended to change the time limit an applicant has to post a performance bond and obtain a mining permit from sixty (60) days to one (1) year of the date of approval before automatic termination. 11. This Board has determined that the above mentioned changes 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. AMENDMENT OF SECTION 1-12.5-23 (APPLICATION FOR MINING PERMIT) OF ARTICLE II (MINING AND EXCAVATION OPERATIONS PERMIT) OF CHAPTER 1-12.5 (MINING AND EXCAVATIONS). Section 1-12.5-23 (Application for mining permit) of Article II (Mining and Excavation Operations Permit) of Chapter 1-12.5 (Mining and Excavations) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: ARTICLE II. MINING AND EXCAVATION OPERATIONS PERMIT Section 1-12.5-23. Application for mining permit. Any person seeking a mining permit shall submit the original and one (1) copy of an application to the county engineer, which application shall include the following: °~ .... "through passages are deleted. added. --3-- Underlined passages are (a) Operational statement. include: The operational statement shall (1) The names and business addresses of all applicants. (2) Proof of ownership of the property to be mined. (3) The size of the property to be mined in acres. (4) The type of permit requested. (5) A timetable or schedule for mining activities, from commencement of operations through completion of reclamation. For a Class I permit, the schedule shall cover the entire operation. For a Class II permit, the original application schedule shall contain a specific timetable for the first active phase of the operation, and a general timetable for the balance of the entire ooperation. All required updated mining plans shall include a specific timetable for each active phase. (7) (6) The proposed days and hours of operation, including maintenance and service of equipment. (7) The method of extraction and processing, including disposition of overburden or top soils as well as the type of excavation equipment to be used. ~., (8) The location and estimated annual output of machinery or equipment to be used in any screening, crushing, or processing operation for materials mixed or excavated on the site. (9) Operating practices proposed: To minimize noise, dust, air contaminants, and vibration; To prevent undue damage to public streets and roads or creation of a traffic hazard; Struck ~,,~,,~ passages are deleted. added. --4-- Underlined passages are °" 588 BOOK Ce TO prevent overburdening the existing drainage system; and To prevent undue pollution of surface and underground water and undue alteration of the water table. Any other information deemed necessary by the county engineer for the reasonable review of the proposed mining operation. (b) Mining plan. The mining plan shall be submitted on twenty-four-inch by thirty-six-inch detail sheets and at a scale no smaller than one (1) inch equals fifty (50) feet, unless the county engineer deems a smaller scale to be appropriate. Detail sheets shall include: (1) The north point, scale, and date of the plan. (2) The location of the property to be mined by legal description and street address, if any. (3) The boundary lines and dimensions of the property. (4) The extent of the area to be excavated, with dimensions showing property line setbacks, corner locations, required berm and swale, and phase boundaries, if applicable. (5) A typical cross-section showing the slope and grade of excavation side slopes, berm, and swale. (6) Processing, storage, and ponding or water detention areas. (7) Proposed fencing, gates, and parking. (8) Any other information deemed necessary by the county engineer for the reasonable review of the proposed mining operation. ~ (c) Reclamation plan. The reclamation plan shall delineate procedures necessary to assure that, upon completion of the mining activity, the property's surface will be left in a suitable condition. The reclamation plan shall include: Struck ~,,~u=~,,~ passages are deleted. added. --5-- Underlined passages are 588 ~00~ (1) A statement of planned reclamation, including the methods to accomplish reclamation as well as the phasing and timing of reclamation. (2) A plan setting forth the final grade of the excavation any water features included in the reclamation, proposed methods to prevent stagnation and pollution, landscaping or vegetative planning, and areas of cut or fill. (3) If excavation is to be accomplished in phases, the area, extent, and approximate timing of each phase. (4) The method of disposing of any equipment or structure used in the mining operation. (5) Any other information deemed necessary by the county engineer for the reasonable review of the proposed mining operation. PART B. AMENDMENT OF SECTION 1-12.5-25 (PROCEDURE FOR OBTAINING MINING PERMIT) OF ARTICLE II (MINING AND EXCAVATION OPERATIONS PERMIT) OF CHAPTER 1-12.5 (MINING AND EXCAVATIONS). Section 1-12.5-25 (Procedure for obtaining mining permit) of Article II (Mining and Excavation Operations Permit) of Chapter 1-12.5 (Mining and Excavations) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-12.5-25. Procedure for obtaining mining permit. (a) Application Fee. Ail applications for mining permits shall be submitted to the county engineer in accordance with the provisions of this section. No application shall be deemed complete and officially filed until all information required by the provisions of this article has been submitted, accompanied by a nonrefundable application fee according to a schedule established by resolution of the board of county commissioners. Any determination by the county engineer that an application is ~°~'- ~..~,.~ passages are deleted. added. --6-- Underlined passages are °" 588 ~,OOK incomplete may be appealed to the board of county commissioners for a determination that the application is complete. (b) Review by county engineer. The county engineer shall review the application and determine if it is complete. If the county engineer determines that the application is not complete, he shall send the applicant, by mail, a written statement specifying the deficiencies, and shall take no further action unless the deficiencies are remedied. If the county engineer determines that the application is complete, he shall review the application, make a written report, notify the board of county commissioners that the application is ready to review, and return one (1) copy of his report to the applicant. (c) Review and Hearing by Board of County Commissioners: (1) Notice. Upon receiving the report of the county engineer, the board of county commissioners shall schedule a public hearing on the application. Notice of such public hearing shall be published in a newspaper of general circulation in St. Lucie County at least thirty (30) days prior to the date of the hearing. Notice of such public hearing shall be mailed to all property owners within five hundred (500) feet of the property to be mined at least thrity (30) days prior to the date of the hearing. For this notice, the owner of the property shall be determined to be the person who, with his address, is shown on the tax rolls of St. Lucie County. Ail such notices shall set forth the date, time, and place of the hearing; an adequate legal description of the property to be mined; the name of the permit applicant; and the type of mining permit requested. (2) Hearing. In reviewing the application for a mining permit, the board of county commissioners shall consider the testimony submittals, and information presented at the public hearing, and the report of the county engineer, and shall determine whether the proposed mining operation meets the provisions ...... through passages are deleted. added. -7- Underlined passages are °" 588 1~OOK of this article and any other applicable county ordinance. The board shall require such additional reports as it deems necessary to make its determination. (3) Decision. Within a reasonable time of the conclusion of its review, the board of county commissioners shall approve, approve with conditions, or deny the application. Notification of the decision shall be mailed to the applicant and filed with the office of the county engineer. (d) Issuance of Mining Permit. Following approval of an application, the county engineer shall issue a mining permit upon the applicant furnishing a performance bond in accordance with Section 1-12.5-24(d) of this article and payment of a nonrefundable permit fee according to a schedule established by resolution of the board of county commissioners. The permit shall set forth any condition, limitation, or requirement imposed by the board of county commissioners, and shall take effect on the date issued. No mining may commence until a permit is issued and all restrictions, regulations, and conditions of that permit have been met. If an applicant fails to post a performance bond and obtain a mining permit witho~-~-'~" ~v,'~ day3 one (1) year of the date of approval by the board of county commissioner, the approval shall automatically terminate. PART C. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County and adopted prior to January 1, 1969, 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. ~°~" ~~ passages are deleted. added. --8-- Underlined passages are 588 Z40 PART D. SEVERABILITY AND APPLICABILITY. 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 Laws, Florida Department of State, the Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect on June 1, 1988. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger Aye Vice Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Judy Culpepper Aye Commissioner Jim Minix Aye PART H. CODIFICATION. The 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 ~~°~ .... "~.,~v~,,~ passages are deleted. added. --9-- Underlined passages are 588 ~,OOK appropriate word, and the sections of Such ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts C through H shall not be codified. PASSED AND DULY ADOPTED this 10th day of May, 1988. ATTEST: APPROVED AS TO FORM AND __ ~ORRECTNESS :~ '88 I~/~y 26 148:49 Struck through passages are deleted. added. -10- Underlined passages are [~00~ ORDINANCE NO. 88-43 AN ORDINANCE AMENDING SECTION 1-20-3(a) OF ARTICLE I OF CHAPTER 1-20 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ESTABLISHING THE POSTING OF A WEIGHT LIMIT ON CITRUS AVENUE, FROM MIDWAY ROAD SOUTH TO ITS INTERSECTION WITH SEAGER AVENUE, AND FURTHER ESTABLISHING THE POSTING OF A WEIGHT LIMIT ON SEAGER AVENUE, EAST OF CITRUS TO U. S. HIGHWAY #1, OF NO MORE THAN SIX THOUSAND POUNDS; EXCLUDING MOTOR HOMES OR RECREATIONAL VEHICLES, DELIVERY VEHICLES, AND SCHOOL BUSES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR 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. Section 316.555, Florida Statutes, provides that the Board may prescribe weight limits lower than the limits prescribed in Chapter 316, Florida Statutes, whenever in its 3udgment, any road or part thereof shall, by reason of its design, deterioration, ,or other climatic or natural causes be liable to be damaged or destroyed by motor vehicles if the gross weight thereof shall exceed the limits established by the Board of County Commissioners. 2. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida, to establish the posting of a weight limit on Citrus Avenue, and Seager Avenue, of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. o~ .... ,, ~ ..... ~ passages are deleted. added. -1- Underlined passages are 202 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-3(a) OF ARTICLE I OF CHAPTER 1- 20. Section 1-20-3(a) of Article I of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-20-3. Truck weight limits established for certain roads. (a) Ail trucks having a gross weight in excess of the indicated weight are prohibited on the following roads or indicated portions thereof: "Beach Avenue", south and east of Oleander, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Carlton Road Extension", from the north line of Section 34, Township 36 South, Range 38 East, south to its intersection with Glades Cut-Off Road in the county, thirty-six (36) tons excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Citrus Avenue" from Midway Road South to its intersection with Seaqer Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) Dounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Citrus Park", at Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Coral Way", truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. Struck =~..~,,~ passages are deleted. added. 2 Underlined passages are 585 "Deland Avenue", at Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Ft. Pierce Boulevard", from Indrio Road to Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Juanita Avenue and Whispering Ct.", Bridge Number 940040, thirty-ton limit to be posted. "Keen Road & Belcher Canal", Bridge Number 940036;, eleven- ton limit to be posted. "Kings Highway", at Feeder Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Kirby Loop & 5 Mile Creek", Bridge Number 940067, ten-ton limit to be posted. "Lakeland Boulevard", at Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Marina Drive", truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "MCCarty Road and 10 Mile Creek", Bridge Number 940031, twelve-ton limit to be posted. "MCCarty Road and 11 Mile Creek", Bridge Number 940030, twelve-ton limit to be posted. "North 37th Street", from Avenue D to Avenue C, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "North 39th Street", from Avenue D to Orange Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. Struck ~~ passages are deleted. added. -3- Underlined passages are 585 204 "North Jenkins Road Bridge", over Canal No. 44, eight (8) tons per vehicle; twelve (12) tons per semi-trailer combination; sixteen (16) tons per truck and full trailer. "Oleander Avenue", from Virginia Avenue to Edwards Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Oleander Avenue", South of Midway Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Palomar Parkway", at Feeder Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Peterson Road Bridge", located between Sections 7 and 18, Township 35 South, Range 40 East (over North St. Lucie River Water Management District Canal 29) in the county, eight (8) tons. "Peterson Road Bridge", over 5 Mile Creek, zero (0) tons. "Prima Vista Boulevard", from Floresta Drive West, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "R±omar Drive", from Prima Vista Boulevard to U. S. 1 (S.R. 5), truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Rose Lane", in the county, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Seager Avenue", East of Citrus to U. S. Highway #1, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excludinq motor homes or recreational vehicles, delivery vehicles, and school buses. "Seneca Avenue", truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. Struck ~.,~,.~ passages are deleted. added. Underlined passages are 585 205 "Shinn Road & Canal 71", Bridge Number 940027, eleven-ton limit to be posted. "South Indian River Drive", from Orange Avenue to Seaway Drive, and from Citrus Avenue to the South St. Lucie County Line, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Sunrise Boulevard", between Edwards Road and Bell Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Taylor Dairy and Belcher Canal", Bridge Number 940041, twelve-ton limit to be posted. "Taylor Dairy and Canal No. 1", Bridge Number 940043, ten- ton limit to be posted. "Winter Garden Parkway", at Feeder Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "53rd Street & Belcher Canal", Bridge Number 940068, eleven- ton limit to be posted. (b) Notice of the establishment of such weight limits shall be posted at the intersections on such roads. 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 AND APPLICABILITY. Struck ~.,~,,~ passages are deleted. added. -5- Underlined passages are 585 B, OOK 206 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. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. 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 D. 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. PART E. EFFECTIVE DATE. This ordinance shall take effect on May 1, 1988. PART F. ADOPTION. After motion and second, the.vote on this ordinance was as follows: Chairman Jack Krieger Aye Vice Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Judy Culpepper Aye Commissioner Jim Minix Aye PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word ~°~ .... ~" ~,,~..~ passages are deleted. added. Underlined passages are "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 G shall not be codified. PASSED AND DULY ENACTED this 19th day of April, 1988. BOARD OF COUNTY COMM~SS~.ONERS / -.,.,' Struck ~,,~,,~ passages are deleted. added. -7- '88 MAY-3 AIO:2/Q~ DO,. !/] Underlined passages are 585 208 BOOK 901603 ORDINANCE NO. 88-44 AN ORDINANCE AMENDING CHAPTER 1-7.5 "DRAINAGE AND EROSION CONTROL" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, THEREBY ADDING SECTION 1-7.5-1 TO PROVIDE THAT WHEN FILL IS USED, THE PROPERTY OWNER SHALL BE RESPONSIBLE FOR ASSURING ADEQUATE DRAINAGE SO ADJACENT PROPERTIES WILL NOT BE ADVERSELY AFFECTED; PROVIDING FURTHER FOR APPLICABILITY, SEVERABILITY, FILING WITH THE DEPARTMENT OF STATE, EFFECTIVE DATE, SAVINGS CLAUSE, ADOPTION AND CODIFICATION. WHEREAS, the Board has determined that it is necessary and in the best interest of the health, safety and welfare of the citizens of St. Lucie County, Florida, to provide for regulations that require that property owners that use fill must provide adequate drainage so that adjacent properties will not be adversely affected; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. SECTION 1-7.5-1 OF CHAPTER 1-7.5 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS CREATED TO READ: Section 1-7.5-1. On-Site Drainage. Where fill is used, the property owners shall be responsible for assuring adequate drainaqe so adjacent properties will not be adversely affected. PART B. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. Struck ~,,-~9,,~ passages are deleted. added. -1- Underlined passages are 593 A [1773 ~OOK PART ~. 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 D. 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 E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. SAVINGS CLAUSE. Nothing in this ordinance shall be deemed to eliminate any private right of action that an adjacent property owner may have. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger AYE Vice-Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE Struck =~ ..... ~ passages are deleted added. 2 Underlined passages are 593 [1774 E, OOK Commissioner Judy Culpepper Commissioner Jim Minix AYE AYE PART H. 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED. AND DULY ADOPTED this 28th day of June, 1988. BOARD OF COUNTY CONN~0~.RS ATTEST: · ST. LUCIE COUNTY, ~L~T.D~ APPROVED AS TO FORM AND /ECORRecTNeSS: ~ Y 90/.603 Struck through passages are deleted. added. -3- Underlined passages are BO 593 PA 1775 890053 ORDINANCE NO. 88-45 AN ORDINANCE AMENDING CHAPTER 1-13.5 (MUNICIPAL SERVICE TAXING UNITS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CLARIFYING THE EXISTING ORDINANCE TO INCLUDE BENEFIT UNITS TO THE MUNICIPAL SERVICE TAXING UNITS UNDER SECTION 1-13.5-1 (CREATION-AUTHORIZED); SECTION 1-13.5-2 (GOVERNING BODY OF MUNICIPAL SERVICE TAXING UNITS); SECTION 1-13.5-3 (POWERS OF TAXING UNITS); AND SECTION 1-13.5-5 (GENERAL PROCEDURE FOR CREATION OF UNITS); PROVIDING UNDER SECTION 1-13.5-3 (POWERS OF TAXING UNITS) FOR THE SPECIFIED POWERS AS ARE APPROPRIATE; PROVIDING UNDER SECTION 1- 13.5-8 (CONTRACTS) FOR THE BOARD TO ENTER INTO SUCH CONTRACTS AND AGREEMENTS AFTER ADOPTION OF THE RESOLUTION AUTHORIZING THE IMPROVEMENT; PROVIDING UNDER SECTION 1-13.5-10(a) (SPECIAL ASSESSMENTS, COLLECTION) FOR THE .CHANGING OF THE INTEREST ON SPECIAL ASSESSMENTS TO THE MAXIMUM RATE PERMITTED BY LAW FOR SUCH ASSESSMENTS FROM THE EARLIER OF THE DATE OF THE ACCEPTANCE OF SAID IMPROVEMENTS OR SUCH OTHER DATE AS MAY BE FIXED BY THE BOARD; PROVIDING THAT ASSESSMENTS MAY BE PAID WITHOUT INTEREST OR ADDITIONAL AM~U~T AT ANY TIME WITHIN THIRTY DAYS AFTER THE IMPROVEMENT IS COMPLETED OR SUCH OTHER TIME AS MAY BE SPECIFIED BY THE BOARD; AMENDING SUBSECTION (e) OF SECTION 1-13.5-10 TO PROVIDE THAT THE BOARD AS A MEANS OF FINANCING IMPROVEMENTS MAY ISSUE BONDS IN THE MANNER PROVIDED BY ORDINANCE SECURED BY THE PROCEEDS OF THE SPECIAL ASSESSMENTS; AMENDING SUBSECTION (i)(3) OF SECTION 1- 13.5-10 TO INCLUDE A COLLECTION PROVISION FOR SPECIAL ASSESSMENTS WHEN COLLECTED BY USING THE METHOD FOR AD VALOREM TAXES, INCLUDING PROVISIONS FOR A DISCOUNT FOR EARLY PAYMENT PREPAYMENT BY INSTALLMENT METHOD, PENALTY FOR DELINQUENT PAYMENT AND ISSUANCE OF TAX CERTIFICATES AND TAX DEEDS FOR NONPAYMENT AND ALSO SUBJECT TO SECTION 192.091(2)(b)(2); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILIT¥; PROVIDING FOR Dtruck ~ ..... ~ passages are added. deleted. Underlined passages are 092 APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR 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. Chapter 125, Florida Statutes authorizes this Board to create municipal service taxing units. 2. The amendment of Chapter 1-13.5 of the Code of Ordinances of St. Lucie County, Florida, to clarify the existing Ordinance by including Benefit Units to the Municipal Service Taxing Units is in the best interest of the health, safety, and 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. CHAPTER 1-13.5 "MUNICIPAL SERVICE TAXING UNITS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY IS HEREBY AMENDED AS FOLLOWS: MUNICIPAL SERVICE TAXING OR BENEFIT UNITS Section 1-13.5-1. Creation - Authorized. Municipal service taxing or benefit units may be established in unincorporated areas of the county under the provisions of this chapter for the purpose of providing fire protection, law enforcement, beach erosion control, recreation services and facilities, water, streets and roads, sidewalks, garbage and trash collection and disposal, waste and sewage collection and disposal, drainage, transportation, and other essential facilities and municipal services from funds derived from service charges, special assessments, or taxes within such units. = .... " ~ ..... ~ passages are added. deleted. --2-- Underlined passages are 586 093 500K Section 1-13.5-2. Governing Body of Municipal Service Taxing o__r Benefit Units. The Board of County Commissioners of St. Lucie County shall be the governing body of each of the taxing or benefit units created pursuant to this chapter. All references to the Board of County Commissioners or Municipal Service Taxing Units herein shall be deemed to include both, as appropriate. Section 1-13.5-3. Powers of Taxing or Benefit Units. Each of said taxing units created pursuant to this chapter shall have the power to levy ad valorem taxes and special assessments as appropriate, to contract, borrow and expend funds, issue bonds, certificates of indebtedness, revenue certificates, and other obligations of indebtedness, and to exercise any other power as granted by general or specia~ law. Each taxing or benefit unit is authorized to enter into contracts with Municipalities, Counties and other units of government for the purpose of provf_d~.ng the taxing or benefit unit with any or all of the services the unit is established to provide. Section 1-13.5-4. Budget Adoption. Each year any taxing unit created pursuant to this chapter shall adopt an annual budget according to the requirements of Chapter 129, Florida Statutes. The Board of County Commissioners of St. Lucie County thereafter may cause such millage to be levied against all lawfully taxable property within said unit as is sufficient to raise the budget. Ail funds so raised shall be used solely for the expenses of the taxing unit. Proper accounts and records shall be kept at all times. Struck ~ ..... ~ passages are deleted. added. --3-- Underlined passages are 586 Section 1-13.5-5. General Procedure for creation of units. (a) The Board Of County Commissioners, upon its own motion or upon written petition, shall determine whether creation of a proposed municipal service taxing or benefit unit may be of benefit to the real and personal property within the boundaries of such unit. (b) The Board may provide for the payment of a part or all of the costs of any improvements under this ordinance above by levying and collecting special assessments on the abutting, adjoining, contiguous or other property specially benefited by the improvements provided herein. (c) Property owners, as referred to in this chapter, shall include any persons, firm, partnership, corporation or other legal entity holding title to any property which would be liable for special assessments hereunder if said special assessment were made. The requirements for a ma3ority of such property owners, as provided below, shall mean no less than fifty-one (51) per cent of the owners in number and, where front footage is used as an assessment basis, at least fifty-one (51) per cent of the owners as measured by front footage of the lands liable to be assessed for said improvements hereunder. (d) The Board of County Commissioners, at the Board's option, may place a question concerning the creation of a proposed municipal service taxing or benefit unit on the ballot at any primary election, general election, or otherwise called special election as provided by general law, to obtain an ~~" ~..~..~ passages are deleted. added. --4-- Underlined passages are 586 095 500K expression from qualified electors residing within the proposed unit as to whether the proposed unit should be created. The cost of the election shall be added to the cost of the improvements in the event the Board determines to create the proposed taxing or benefit unit. Provided, however, the results of any election held pursuant to this section are not binding on the Board. (e) Method of Assessment. Special assessments against property deemed to be benefited by said improvements as provided in this ordinance shall be assessed upon the property specially benefited by the improvement in proportion to the special benefits to be determined and prorated according to the foot frontage of the respective properties specially benefited by said improvement or by such other lawful, method, including ad valorem taxation and service charges, as the ~oard may prescribe by resolution. Section 1-13.5-6. Procedure for Adoption. (a) Initial ~tition. Property owners may petition the Board of County Commissioners for the County Engineer to provide a preliminary estimate of the cost of construction for requested improvements under the provisions of this chapter. The County Engineer shall provide the petition form to any interested person. Signatures on the petition and the fact of execution by a majority of such property owners shall be verified by the County Engineer upon the basis of information in the Public Records. (b) Petition Form. The form of petition referred to in subsection (a) above shall be approved by the County Attorney as Struck ~ ..... ~ passages are deleted. added. --5-- Underlined passages are 586 096 BOOK to legal form and sufficiency and shall require a description of the proposed improvements and a statement that the petitioners request that the improvements be constructed and that they recognize that the determination of special assessments will be made by the Board of County Commissioners at a public hearing; and that they agree to be assessed for the actual cost for construction of the improvements including other allowable incidental costs connected therewith, in an amount not to exceed the maximum allowed by this chapter. (c) Priority of Petitions and Recordkeeping. Petitions heretofore received shall be processed in the order in which they are received and shall be considered at an appropriate entry level within the procedural requirements established by this chapter. Ail petitions hereafter received for consideration under this chapter shall be numbered in the order in which they are received. The County Engineer shall maintain a tabulation of numbered petitie~ along with the dates of filing, hearings, preliminary estimates, and the final cost. (d) Petition Review. If approved by the Board, petitions, wherein the ma3ority of ownership hereinabove required has been found by the County Engineer to have been complied with, shall be further processed by the County Engineer by preparing a report, accompanied by a map and other pertinent data, setting forth: (1) The boundaries of the proposed unit and his recommendations as to any territory within such boundaries which should be excluded from the unit because of the disproportionate cost of providing for such territory the improvements or services requested or for any other reason. °~ .... " ~ ..... ~ passages are deleted. added. --6-- Underlined passages sre 097 t~00~ (2) The location or locations of any improvements to be acquired, leased or installed. (3) An estimate of the cost of such improvements. (4) An estimate of the annual expense of operating any such improvements and providing such services. Ail such improvements shall be constructed to County standards. An estimate of fees, direct charges, engineering costs and administrative costs shall be included in the preliminary estimate. The Board of County Commissioners may, upon its own motion, direct the County Engineer to prepare a report for specified improvements even though no petition of property owners has been presented or the majority ownership condition is not met. In any case, the County Engineer shall include with his report a list of' specially affected property owners and the status of any petitions. Upon completion of the report and the approval of the Board of the percentage of cost to be specially assessed and the method of such assessment in situations where such approval is required by this chapter, the County Engineer shall either prepare a preliminary assessment roll which will indicate the tentative assessment for each parcel or prepare an estimate of the maximum annual assessment per one .~thousand dollars ($1,000.00) or fraction thereof of assessed value on all real and personal property in the unit, excluding homesteads, that will be necessary to finance such improvements or services. Such assessment shall be based upon a method of assessment specifically provided by this chapter or authorized by the Board of County Commissioners. °~ .... " ~ ..... ~ deleted ~~ ~,~,, passages are . added. --7-- Underlined passages are 098 Thereafter, if the Board so directs, all specially benefited property owners shall then be notified of an informational meeting with the County Engineer, at which the County Engineer will explain the proposed improvements, the tentative assessment to each property, and the procedure therafter to be followed. Other necessary county personnel will attend said meeting as directed by the Board. The notification required to be given for such meeting to be held by the County Engineer shall consist of a notice published in a local newspaper of general circulation in St. Lucie County. Said publication shall be made once at least ten (10) days before the informational meeting date. An additional courtesy notice of the County Engineer shall also be mailed to each property owner, by ~egular mail, no less than 10 days prior to the informational meeting date. The mail notice shall be based on names and addresses found in the records of the Property Appraiser or from such other sources the County Engineer deems reliable. The mailed notice shall include the property owners' tentative assessment applicable to the property to be assessed, provided, however, that in lieu of an informational meeting, the County Engineer may distribute by regular mail, a comprehensive and detailed explanation of the proposed. improvements and the reasons why same are necessary. (e) Percentage of Cost; Further Procedures. Upon completion of the preparation of the report and compliance with the requirements of subsection (d) of this section, the County Engineer shall proceed to bring the subject improvements to the ~°=~.,1- =~..~=~..~ passages are deleted. added. --8-- Underlined passages are Board of County Commissioners for permission to advertise a public hearing thereon. Provided, however, that the Board of County Commissioners at any time, in its sole discretion, may reject the petition or project for any further consideration. (f) Public Hearing. Prior to awarding the contract for construction of the subject improvements for which special assessments or ad valorem taxes will be levied, the Board of County Commissioners shall hold a public hearing on the proposed project unless the Board determines to reject the project from further consideration. The County Engineer shall notify property owners owning property liable to be taxed or specially assessed hereunder by regular mail of the time and place of said public hearing. The mailed notices shall advise each property owner of the estimated maximum annual assessment per one thousand dollars ($1,000.00), or fraction thereof of all lawfully taxable real and personal property or of the individual estimated special assessment, per parcel, including other allowable cos%s and the percentage and method of assessment determined in accordance with the above provisions of this chapter. The public hearing should be held no sooner than two (2) weeks after the mailing of the notices described in this paragraph. Addresses for mailed notices shall be obtained by the County Engineer from the records of the Property~Appraiser or from other sources as the County Engineer deems reliable. In addition, a notice shall be published twice in a daily newspaper of general circulation in St. Lucie County once not less than twenty-one (21) days and once not more than seven (7) days before the date of such public ~~" ~,.~.,~ passages are deleted. added. --9-- Underlined passages are I~00~ hearing. The notice shall include a brief description of the project, a description of the specially benefited property, the proposed action to be taken by the Board, and the time, date and place of the hearing. In the event of a determination to proceed with the pro3ect, after said public hearing the Board of County Commissioners shall so proceed by resolution as provided for in subparagraph (g) of this section. At said public hearing the owners of the property to be assessed or any other persons interested may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making such improvements, as to the costs thereof, as to the manner of payment thereof, and as to the amount thereof to be specially assessed against each property so 'improved. At the public hearing, if special assessments are proposed, the County Engineer shall also present to the Board of County Commissioners a preliminary assessment roll prepared in accordance with the method and percentage of assessment provided for by this ordinance. Said assessment roll shall show the lots and lands assessed, the amount of the benefit to and the assessment against each lot or parcel of land, and if said special assessment is to be paid in installments, the number of annual installments into which the special assessment is divided shall also be entered and shown upon said assessment roll. At the time and place named in the notice of public hearing provided for special assessments, the Board of County Commissioners shall meet as an equalizing board to hear and consider any and all complaints as to such special assessments ~°~' ~,,~,~ passages are deleted. added. -10- Underlined passages are 586 ~OOK and shall adjust and equalize the said assessments on the basis of just and right and when so equalized and approved by resolution of the Board of County Commissioners, such assessment shall stand affirmed and remain legal, valid and binding as a first lien upon the property against which such assessment is made, until paid; provided, however, that upon completion of the improvements the Board of County Commissioners shall credit to each of said assessments the difference in the assessment as originally made, approved and confirmed above and the proportionate part of the actual costs of said improvement to be paid by special assessments finally determined upon completion of said improvement, provided that in .no event shall the final assessments exceed the amount of benefits originally assessed by the Board of County Commissioners. Promptly after such confirmation of assessment, the final assessment shall be recorded by the Clerk of the Board of County Commissioners in a special book to be known as the "Improvements Lien Book" and the record of the lien in said book shall constitute prima facie evidence of its validity. Notwithstanding the above, a copy of the resolution referred to above- shall be recorded in the official records of the Clerk of the Circuit Court of St. Lucie County so as to facilitate knowledge thereof by third parties. (g) Resolution Creating Unit. If the board finds, after the advertised public hearing, that the improvements would be of benefit to the real and personal property within the boundaries of the proposed unit, that the cost of providing such °~ .... '- ~ ..... ~ deleted ~ ~ ~ ..... ~,, passages are added. -11- Underlined passages are '586 102 I~00t~ improvements and services is not in excess of the benefit gained, and the creation of such unit would be in the public interest, it shall adopt a resolution providing for the creation of the unit. In addition to such findings, the resolution shall set forth the following: (1) The name or designation by which the unit shall be known; (2) The boundaries of the unit; (3) The improvements or services to be provided in the unit; (4) The method of assessment approved by the Board. (h) Declare Special Assessment. In the event the Board of County Commissioners determines .to proceed to make any improvements authorized by this chapter ahd to defray part of the expense thereof by special assessments, the Board shall so declare, by resolution as provided for in paragraph (g), stating tne nature of the proposed improvement, designating the areas to be so improved, the method in which said assessments shall be made, and when said assessments are to be paid. Said resolution shall also designate the lands upon which the special assessment shall be levied and shall also state the total estimated costs of the improvement. Such estimated costs shall include an estimate of construction costs, right-of-way costs, borrowing costs and consultant fees, permit fees, the cost of preliminary and other surveys, inspections, and superintendence of the work, the preparation of the plans and specifications and the estimate, the ~& .... 1. &~ ..... ~ deleted ~~ ~..~.. passages are . added. -12- Underlined passages are §8§ lOS BOOK printing, mailing, and publishing of notices and proceedings, the preparation of certificates, bonds and any other expense necessary or proper. If the Board determines the project should proceed, the Board shall authorize staff to advertise requests for proposals and bids for engineering, construction and financing of the project. Section 1-13.5-7. Proceedings bY county engineer subsequent to hearing. (a) Upon receiving authorization to proceed, the county engineer may publish requests for proposals for engineering services to prepare the plans, specifications and cost estimate for the project. (b) The budget officer~purchasing agent may publish requests for bids for construction and financing ~of the project pursuant to the plans and specifications. Section 1-13.5-8. Contracts. After the adoption of the resolution improvement, authorizing the the Board shall enter into such contracts and agreements with such companies, municipalities, and special districts as the Board may determine are necessary to provide the improvements or services for which each unit authorized by this chapter was created. Section 1-13.5-9. Annual assessments; Ad valorem taxation. In each year, before the levy of county taxes, the Board shall determine the amount required in the following fiscal year, in addition to the funds then available and to become available Struck ~ ..... ~ passages are added. deleted. -13- Underlined passages are for such purposes, to pay the expenses of furnishing the improvements or services for which each unit authorized by this chapter was created, and the amount so determined shall be specially assessed upon all lawfully taxable property within the unit. Such special assessments shall be extended and collected at the same time and in the same manner as county taxes are levied and collected, and shali have the same priority rights, bear interest, be subject to penalties, and be treated the same as county taxes, except that, in accordance with the second sentence of Article VII, Section 9(b), Florida Constitution, such assessments shall be levied within the limits fixed for municipal purposes. The proceeds of such special assessments shall, when collected, be deposited with such depositories as shall be designated by the Board and applied only to the purpose or purposes for which they were assessed. Section 1-13.5-10. Special Assessments; Collection. (a) Priority of Lien, Interest and Method of Payment of Special Assessments. Said special assessment shall be payable at the time and in the manner stipulated in the resolution providing for said improvements; and said special assessments shall remain liens, inferior to the lien of all federal, state, county, district and municipal taxes, but superior in dignity to all other liens, titles and claims until paid, and shall bear ^- ,~x --- csnt ~ the interest at a rate not to exceed maximum rate permitted by law for such assessments from the earlier of (i) the date of the acceptance of said improvement(s) Struck ~ ..... ~ passages are deleted added. -14- Underlined passages are 105 or (ii) such other date as may be fixed by the Board and may, by the resolution aforesaid, be made payable in equal annual installments as determined by the Board, if installments are allowed by the Board, to which installments, if not paid when due there shall be added a penalty at the rate of one (1) per cent per month upon the due but unpaid principal portion of the installment(s), until paid; provided that said assessments may be paid without interest or additional amount at any time within thirty (30) days after (i) the improvement is completed and a motion accepting the same has been adopted by the Board or (ii) such other time as may be specified by the Board. Said special assessment shall be payable at the St. Lucie County Finance Department or the St. Lucie County Tax Collector. Certificates of Indebtedness, under subsections' (c) and (d) of this section shall not be prepared unless specifically required by the Board of County Commissioners for the particular pro3ect by resolution of the Board of County Commissioners. The proceeds of such special assessments shall, when collected, be deposited with such depositories as shall be designated by the Board and applied only to the purpose or purposes for which they are assessed. (b) Valid Assessment to be Made. If any special assessment made under the provisions of this chapter to defray part of the expense of any improvement made hereunder shall be either in whole or part vacated or set aside by the 3udgment of any court or the Board shall be satisfied that any such assessment is so irregular or defective that the same cannot be enforced or Struck through passages are deleted. added. -15- Underlined passages are 586 106 BOOK collected or if the Board shall have omitted to make such assessment when it might have done so, the Board shall take all necessary steps to cause a new assessment to be made for any improvement and against any property specially benefited by such improvement following as nearly as may be the provisions of this ordinance. In case such said second assessment shall be likewise invalid, the Board may obtain a~d make other assessments until a valid assessment shall be made. (c) Certificate of Indebtedness. At the termination of said thirty-day period for payment of such special assessments, the Clerk of the Board shall prepare separate certificates of indebtedness against each lot, parce! or tract of land for which an assessment remains unpaid; and ~Uch separate certificate of indebtedness shall contain a description of the land together with the total amount of the assessment, which shall be the amount assessed plus the cost of recordation of said certificate and recordation of satisfaction or cancellation thereof together with a statement of the general nature of the improvement for which the assessment has been made, the date thereof, the name of the fee simple owner of record, and such further information pertaining thereto as the Board may determine. The said certificate shall be payable to the County of St. Lucie or any proper assignee or assignees thereof. Any assignment of certificate must appear on the certificate itself and also upon the books of the County of St. Lucie for such assignment to be legal and binding. The certificate shall bear interest at a rate ~ .... 1. ~ ..... ~ passages deleted ~ ~ ~ ~,,~.. are . added. -16- Underlined passages are i07 not greater than the maximum rate permitted by law for such assessments ~A_ ,~ ...... ~ ......... as may be determined by the Board and shall be payable annually from date thereof, in equal and annual installments of principal, together with interest accrued upon the principal remaining outstanding and unpaid, in equal annual installments, the number of installments, if any, to be de%ermined by the Board, provided, however, that any certificate may be paid at any time by payment of the total unpaid principal thereof together with interest computed to the date of payment. (d) Issuance of Certificates of Indebtedness. The certificates when issued shall be signed by the Chairman of the Board of County Commissioners of S~. Lucie County, or in the event of his absence or other incapacity, by the Vice Chairman of said Board and signed by the Clerk of' the Circuit Court of St. Lucie County as said Clerk, and as Clerk of said Board, or in the event of his absence, by an Assistant Clerk. The seal of said Clerk shall be affixed thereto. The signature of the Chairman or Vice Chairman shall be acknowledged before a notary public for the State of Florida and upon which acknowledgement of the same shall be entitled to being recorded in the office of the Clerk of the Circuit Court of St. Lucie County, Florida. Any notary duly commissioned by the State of Florida may take and certify such acknowledgement to be made by the Chairman or Vice Chairman; and in this respect, the Clerk or Assistant Clerk, if such person be a duly commissioned notary public may take and certify such acknowledgement for which the Clerk or Assistant Clerk shall ~ .... ~- ~ ..... ~ passages are deleted. added. -17- Underlined passages are 586 BOOK receive no compensation other than the compensation which may be paid to him in his capacity as Clerk or Assistant Clerk. (e) Alternate Method of Financing Improvement(s). As an alternative to issuing certificates of indebtedness as set out in subsections (c) and (d), the Board may, as a means of financing improvements, enter into Pledge Agreements with local financing institutions to pledge the revenues from the special assessments or (ii) issue bonds, in the manner provided by ordinance, secured by the proceeds of the special assessments, as a m~ans ~-= financing ~ .......... ~- (f) Default on Special Assessment. Failure to pay any installment of principal or interest or any part thereof when the same shall become due and payable, shall cause, without notice or other proceedings, all installments of principal then remaining unpaid to be immediately due and payable, and subject to foreclosure. The County of St. Lucie or the holder of the certificate may proceed to enforce the lien of such assessment as hereinafter provided. Immediately upon default in any payment an additional lien for the cost of enforcement thereof, including court costs, abstract costs and reasonable attorneys' fees shall accrue and mature. Enforcement of such assessments may be by' suit in equity brought in accordance with the Florida Rules of Civil Procedure or by any other lawful legal process or procedure then available for enforcement pursuant to the laws of the State of Florida. In any event, the final decree or judgment shall include the amount of principal remaining due and unpaid upon Struck ~ ..... ~ passages are deleted. added. -18- Underlined passages are ~OOK such assessment, together with any interest accrued thereon, together with all costs including abstract fees and attorneys' fees as aforesaid. The foreclosure proceeding brought hereunder shall be prosecuted to a sale and conveyance of the property involved in said proceedings as provided by law in suits to foreclosure mortgages. (g) Assessment Roll Sufficient Evidence. Any informality or irregularity in the proceedings in connection with the levy of any special assessment under the provisions of this ordinance shall not effect the validity of the same where the assessment roll has been confirmed by the Board. The Assessment Roll as finally approved and confirmed shall be competent and sufficient evidence that the assessment was duly levied, that the assessment was duly made and adopted, and that all other proceedings adequate to the adoption of the said assessment roll were duly had, taken and performed as required by this chapter. No variance from the directions of this chapter shall be held material unless it be clearly shown that the party ob3ecting was materially injured thereby. (h) Payments. Billing, receiving and accounting for the payment of assessments shall be the responsibility of the Clerk of the Circuit Court or the St. Lucie County Tax Collector. A record of payments and balances shall be kept for each property assessed. A tabulation of accounts shall be provided by the Clerk of the Circuit Court or the St. Lucie County Tax Collector. Struck ~ ..... ~ passages are deleted added. -19- Underlined passages are 558 110 BOOK (i) Optional Method of Collecting Special Assessment. As an alternative method of collecting the special assessments, the Board may, pursuant to the provisions of Section 197.363, Florida Statutes, as amended, collect the special assessments in the same manner as ad valorem taxes under Chapter 197, Florida Statutes if: (1) The Board enters i~to a written agreement with the St. Lucie County Property Appraiser, providing for reimbursement of administrative costs incurred in collecting the special assessments; (2) The Board adopts a resolution authorizing use of this method of collecting special assessments at a public hearing; (3) Affected property owners have been provided by first-class mail prior notice of both the potential for loss of title that exists with use of this collection method and the time and place of the public hearing required b~ paragraph (b). When collected by usinq the method provided for ad valorem taxes, special assessments shall be subject to all collection provisions of this chapter, including provisions relating to discount for early payment, prepayment by installment method, penalty for delinquent payment, and issuance of tax certificates and tax deeds for nonpayment, and shall also be subject to the provisions of Section 192.091(2)(b)2; (4) The property appraiser has listed on the assessment roll the special assessment for each affected parcel; (5) The dollar amount of the special assessment has been included in the notice of proposed property taxes; and (6) The dollar amount of the special assessment has been included in the tax notice issued pursuant to Section 197.322, Florida Statutes. c~ .... ~. ~ ..... ~ passages are deleted. added. -20- Underlined passages are 586 Section 1-13.5-11. County authorized to advance necessary expenses. To accomplish the purposes of this chapter, the Board is authorized and empowered to appropriate and advance from its general fund the moneys to pay necessary expenses prior to the creation of any unit and the receipt of unit funds. After any unit is created, the moneys so,advanced shall be repaid to the general fund from unit funds. Any moneys so advanced and expended toward the creation of any unit but resulting in such unit not being created shall be a county expense. The appropriation and expenditure of funds under this section is a county purpose. Section 1-13.5-12. Provisions Supplmmental. This chapter shall be deemed to ~rovide a supplemental, additional and alternative method of procedure for the benefit of the County and shall not apply to improvements done pursuant to uny other law. 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 provision of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such vt .... ~ ..... ~ passages are deleted added. -21- Underlined passages are holdinU 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 circumstances. PART D. APPLICABILITY. This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, T~liahassee, Florida, 32304. PART F. EFFECTIVE DATE. ~ This ordinance shall become effective on April 1, 1988. PART G. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Jack Krieger Vice Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Judy Culpepper Commissioner Jim Minix Aye Aye Aye Aye Aye PART H. CODIFICATION. The provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to °~ .... ~' ~ ..... ~ passages are deleted. added. -22- Underlined passages are "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 by the Board of County Commissioners of St. Lucie County, Florida, on the 3rd day of May, 1988. - 'ATTEST: .. BOARD OF COUNTY COMMISSIONERS ST. LUC~E~C~UNTY, FLORIDA APPROVED AS TO FORM ANDZI: ' S90053 Struck ~ ..... ~ passages are deleted. added. -23- Underlined passages are BO01( ~ PAI~E ORDINANCE NO. 88-46 AN ORDINANCE AMENDING SECTION 1-5-61 (FENCING-REQUIRED), OF ARTICLE VI (SWIMMING POOLS) OF CHAPTER 1-5 (BUILDINGS AND BUILDING REGULATIONS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR THE REQUIREMENT OF THE SWIMMING POOL CONTRACTOR TO TAKE REASONABLE STEPS DURING THE CONSTRUCTION OF A SWIMMING POOL TO SECURE THE CONSTRUCTION SITE TO PREVENT ACCESSIBILITY TO SMALL CHILDREN; PROVIDING FOR CONFLICTING PROVISIONS; AMENDING SECTION 1-5-62 TO INCLUDE A PROVISION AUTHORIZING THE BOARD TO ATTACH REASONABLE CONDITIONS INCLUDING A PARTIAL REDUCTION IN THE HEIGHT REDUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR 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. Section 125.01(1), Florida Statutes, authorizes and empowers the Board to adopt and enforce building, housing, and related technical codes and regulations. 2. The amendment of Section 1-5-61 of Article VI of the Code of Ordinances of St. Lucie County, Florida, by changing the fence or wall height enclosure requirement and requiring the swimming pool contractor to take reasonable steps during the construction of a swimming pool to secure the construction site to prevent accessibility to small children is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida. Struck ~ ..... ~ passages are deleted added. --1-- Underlined passages are NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. SECTION 1-5-61 (FENCING-REQUIRED) OF ARTICLE VI (SWIMMING POOLS) OF CHAPTER 1-5 (BUILDINGS AND BUILDING REGULATIONS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED AS FOLLOWS: CHAPTER 1-5 BUILDINGS AND BUILDING REGULATIONS ARTICLE VI. SWIMMING POOLS Section 1-5-61. Fencing-Required. Ail swimming pools in the unincorporated areas of the county, unless entirely screened in, shall be completely enclosed with a fence or wall at least four (4) feet high and so constructed as to be not readily climbable by small children. All gates or doors providing access to the pool area shall be securely locked when the pool area is not in actual use or shall be equipped with a self-closing and self-latching device installed on the pool side for keeping the gates or doors securely closed at all times when the pool area is not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so locked or equipped. During construction of a swimming pool, the swimminq pool contractor shall be required to take reasonable steps to secure the construction site so that the swimming pool under construction is not readily accessible to small children. Struck ~ ..... ~ passages are deleted added. --2-- Underlined passages are 691 Section 1-5-62. Same - Waiver from requirement. In the event the owner of an existing or proposed swimming pool feels that such pool is not or would not be a hazard to small children, he may petition the board of county commissioners for a waiver of the requirement of Section 1-5-61 for fencing. If the board of county commissioners determines that such a swimming pool is not or would not be a hazard to small children by reason of its location, construction, Surrounding vegetation or other natural or man-made barriers, the board may, after a public hearing of which all property owners within ~4~ee--five ~v~j (500) hundred feet are given at least ten (10) days notice by certified mail, waive the requirement that such pool be fenced. In lieu of a total waiver of the fence requirement, the Board may attach reasonable conditions includinq a partial reduction in the heiqht requirement. Sections 1-5-63 - 1-5-70. Reserved. 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 provision 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 Struck ~ ..... ~ passages are deleted added. --3-- Underlined passages are 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 circumstances. PART D. APPLICABILITY. This ordinance shall be applicable throughout St. Lucie County's jurisdiction except where in conflict with a municipal ordinance to the extent of such conflict. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE. This ordinance shall become effective upon adoption by the Board of County Commissioners of St. Lucie County, Florida, and upon receipt of acknowledgment by the Department of State. PART G. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Jack Krieger Vice Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Judy Culpepper Commissioner Jim Minix AYE AYE AYE AYE AYE Struck ~..~..~ passages are deleted. added. --4-- Underlined passages are 693 PART H. CODIFICATION. The provisions of this ordinance shall be incorporated in the County 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 by the Board of County Commissioners of St''. Lucie County, Florida, on the 6th day of September, 1988 .... :. ATTEST: BOARD OF COUNTY COMMISSIONERS ST · LUCJ~OUNTY, FLORIDA BY: ./ / / ~.:. APPROV~ AS TO FORM AN~< COUNTY ~o~ / '88 SEP 21 l%11 FILl ;]' ' DOUGL,_~ ..... . .'.r, ST. LUC',~ ,,- : ~-- Struck ~,,~,,~ passages are deleted. added. --5-- Underlined passages are 604 694 BOOK 913047 ORDINANCE NO. 88-47 AN ORDINANCE AMENDING CHAPTER 1-2 OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS TO AMEND SECTION 1-2-16, TERMINAL INCENTIVE PAY FOR ACCUMULATED AND UNUSED SICK LEAVE,TO PROVIDE FOR TERMINAL PAY ALLOWABLE FOR UNUSED SICK LEAVE NOT TO EXCEED A MAXIMUM OF SIXTY (60) DAYS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING ANY EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATON WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. Pursuant to the authority granted by Section 125.01, Florida Statutes, the Board of County Commissioners of St. Lucie County, as the legislative and governing body of St. Lucie County has the power to carry on county government to the extent not inconsistent with general or special law. 2. Section 125.01(t), Florida Statutes, authorizes the Board of County Commissioners to adopt ordinances and resolutions necessary for the exercise of its power. 3. The Board of County Commissioners is desirous of creating, within St. Lucie County government, a more productive and efficient working environment among county employees. 4. It is anticipated that accomplishment of these goals will benefit the residents of St. Lucie County by providing a more efficient and responsive local government to serve the needs of the residents of St. Lucie County. --~rucn through passages deleted. Underlined passages are added. --~-- 60:1. 373 5. By Resolution No. 87-127, adopted on July 21, 1987, the Board of County Commissioners amended the Employee Handbook to increase the maximum number of days of terminal pay allowable for unused sick leave from thirty (30) to sixty (60) days. Section 1-2-16, Terminal incentive pay for accumulated and unused sick leave, of the St. Lucie County Code of Ordinances and Compiled Laws should be amended to correspond to the provisions of Resolution No. 87-127. NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-2-16, TERMINAL INCENTIVE PAY FOR ACCUMULATED AND UNUSED SICK LEAVE. Section 1-2-16, Terminal incentive pay for accumulated and unused sick leave, is hereby amended as follows: Sec. 1-2-16. Terminal incentive pay for accumulated and unused sick leave. (a) The term "county employees of St. Lucie County" as used in this section shall include all employees of the following: (1) Board of County Commissioners; (2) Fort Pierce Port and Airport Authority; (3) St. Lucie County Erosion District; (4) Sheriff; (5) Tax collector; (6) Property appraiser; (7) Clerk of the circuit court; (8) Supervisor of elections. 374 ~truck through passages deleted. Underlined passages are added. --2-- (b) Ail county employees of St. Lucie County shall be entitled to terminal incentive pay for accumulated and unused sick leave to each employee upon normal or regular retirement or termination of employment after ten (10) years creditable county employment, or for other reasons other than disability, and to his beneficiary if service is terminated by death, after ten (10) years of creditable county employment. (c) The employing agency shall maintain accurate and reliable records showing the amount of sick leave which has accumulated and is unused by the employee at the time of his retirement, death or termination. (d) The payment authorized by this section shall be determined by using the rate of pay received by the employee at the time of his retirement, termination or death applied to the sick leave time for which he is qualified to receive terminal "incentive" pay under this section; provided however, terminal pay allowable for unused sick leave shall not exceed a maximum of ~-~-- ,on) t¥ ( ) ...... ~ ~ six 60 days. (e) The payments made pursuant to this section shall not be considered in any state administered retirement system as salary payments and shall not be used in determining the average final compensation of an employee in any state administered retirement system. 601 3'75 BOOK Struck through passages deleted. Underline__d passages are added. --3-- (f) Any employee who is found guilty in a court of competent jurisdiction of committing, aiding or abetting any embezzlement or theft from his employer or bribery in connection with employment, committed prior to retirement or ten (10) years normal creditable termination, whose employment is terminated by reason of his admitted committing, aiding or abetting of an embezzlement or theft from his employer or by reason of bribery or for cause, who prior to ten (10) years normal creditable termination or retirement, is adjudged by a court of competent 3urisdiction to have violated any state law against strikes by public employees, or who has been found guilty by a court of competent 3urisdiction of violating any state law prohibiting strikes by public employees shall forfeit all rights and benefits under this section. An employee whose employment terminates as a result of an act committed sub3ect to this section or for cause will not be given credit for unused sick leave accumulated prior to termination should he be reemployed at a later date. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislation applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969. 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. 376 passages deleted. Underlined passages are added.- --4-- '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. PART D. APPLICABILITY. This ordinance shall be applicable throughout the unincorporated areas 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 receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger Vice Chairman Havert L. Fenn Commissioner Judy Culpepper ~k~mmissioner Jim Minix Commissioner R. Dale Trefelner AYE AYE AYE ABSENT AYE ° 601 377 passages deleted. Underlined passages are added. ~PART H. 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 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 August, 1988. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUC~UNTY, F.~,6RIDA-, APPROVF-D AS TO FORH,~D , ...... 913047 '88 30 / 8:57 passages deleted. Underlined passages are added. --6-- ORDINANCE NO. 88-48 AN ORDINANCE AMENDING SECTION 1-20.5-17 (REGULATORY FEE) OF ARTICLE I (REGULATION OF WATER AND SEWER UTILITIES) OF CHAPTER 1-20.5 (WATER & SEWER) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; PROVIDING THAT THE REGULATORY FEE SHALL BE PAID WITHIN THIRTY DAYS OF THE END OF EACH QUARTER OF THE UTILITY'S FISCAL YEAR INSTEAD OF WITHIN FIFTEEN DAYS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 1-20.5-17(b) of the St. Lucie County Water and Sewer Utilities Regulatory Ordinance presently provides that regulated utilities shall pay the four (4) installments of the regulatory fee within fifteen (15) days of the end of each quarter of the utility's current fiscal year. 2. The fifteen (15) day time period is not sufficient for a utility to determine its gross receipts for the quarter, prepare a statement sworn by the utility's Financial Officer, and make payment to the Water and Sewer Authority. 3. Extension of the time period to thirty (30) days is reasonable and in the best interest of the public and the regulated utilities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20.5-17 (REGULATORY FEE) OF ARTICLE I (REGULATION OF WATER AND SEWER UTILITIES) OF CHAPTER 1-20.5 (WATER AND SEWER) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES. Struck ~ ..... ~ passages are deleted. added. 1 Underlined passages are 591 c 2408 ~OOK SECTION 1-20.5-17. Regulatory Fee. (a) Each utility shall pay to the Authority a regulatory fee as established from time to time by the Board to pay for the ongoing costs of supervising and regulating utilities in the County and enforcing and administering this article. The gross revenues for the utility's current fiscal year shall be used in determinining the amount of such fee. However, whenever a purchase at wholesale is made of any water or sewer service and a fee is paid or payable thereon by the selling utility and the utility purchasing such water or sewer service resells the same directly to customers, the purchasing utility shall be entitled to, and shall receive, credit on such fees as may be due by it under this section to the extent of the tax paid or payable upon such water or sewer service by the utility from whom such purchase was made. (b) This fee shall be paid in four (4) installments, within ~=~=~AA~.. ~'~=~, thirty (30) days of the end of each quarter of the utility's current fiscal year. At such time the utility shall file with the Authority a statement sworn to by the Financial Officer of the utility, of gross receipts for that quarter. This fee shall become due and payable after the first complete fiscal quarter after the effective date of this article and shall remain in effect for all subsequent fiscal quarters. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and Struck ~..~..~ passages are deleted. added. --2-- Underlined passages are 591 Count~ resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any provision 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 circumstances. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Jack Krieger Vice Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Judy Culpepper Aye Aye Aye Aye Struck ~ ..... ~ passages are deleted added. 3 Underlined passages are 591 Commissioner Jim Minix Aye PART G. CODIFICATION. The provisions of this ordinance shall be incorporated in the County 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 G shall not be codified. PASSED AND DULY ADOPTED this 14th day of June, 1988. ATTEST: ~ CLERK BOARD OF COUNTY COMMISSIONER~ ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS: ~4~' COUNTY '88 JL/N 21 P2 ;5 FiLL. ~'~'~ Sl'. LOcii: ~'r': ' ; Struck through passages are deleted. added. --4-- Underlined passages are 591 2411 ORDINANCE NO. 88-49 AN ORDINANCE AMENDING THE EFFECTIVE DATE OF ORDINANCE NO. 88-20 FROM JUNE 1, 1988 TO JULY 1, 1988; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On February 2, 1988, this Board adopted Ordinance No. 88-20 which revoked Section 1-14-1 of St. Lucie County Code of Ordinances, restricting the playing of music devices and instruments, and added Chapter 1-13.8 to provide for a noise ordinance effective June 1, 1988. 2. Measurement of sound levels in order to determine compliance with Ordinance No. 88-20 will require the use of sophisticated sound level meters which the County must acquire through the competitive bid process. 3. In order to accurately analyze the bids received in response to the Call For Bids for sound level meters, the County requires the assistance of the noise consultant who assisted County staff in the preparation of Ordinance No. 88-20 and the specifications accompanying the Call for Bids. 4. As the consultant will be unable to provide an analysis of the bids until May 27, 1988 and the next regularly scheduled meeting of this Board is June 7, 1988, at which thiis Board will consider the consultant's recommendation, it is necessary to °= .... '- ~ ..... ~ passages are deleted. Underlined passages are added. 589 2786 extend the effective date of Ordinance No. 88-20 from June 1, 1988 to July 8, 1988 in order to ensure that sound level meters are available for use in enforcement of Ordinance No. 88-20 on the effective date. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF PART G. EFFECTIVE DATE OF ORDINANCE 88-20. PART G. Effective Date, Ordinance No. 88-20, is hereby amended to read as follows: PART G. EFFECTIVE DATE. This ordinance shall take effect on--~u~e--July 1, 1988. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 AND APPLICABILITY. 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. ~°~'- ~.~v~..~ passages are deleted. Underlined passages are added. 589 PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send by registered mail a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect when a copy has been accepted by the postal authorities of the Government of the United States for special delivery by registered mail to the Department of State. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART Chairman Jack Krieger Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Judy Culpepper Commissioner Jim Minix CODIFICATION. Aye Aye Aye Aye Aye 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. Struck ~,,~u~,,~ passages are deleted. Underlined passages are added. 589 ~00~ PASSED AND DULY ADOPTED this 24th day of May, 1988. BOARD OF COUNTY COM~. I~SIONERS ST. LUCIE COIJNTY, FI'.ORIDA: BY: / CHA~RMAN'' ~''' - APPROVED AS TO FORM AND CORRECTNESS: .~ ' aouNTy ATT?R~ '88 JUN-7 P1:30~.~ DOUGLAS O!:~'n;~ ~ .... ,.-, ST. LUCIE (.,~,,,,; ~, . Struck through passages are deleted. Underlined passages are added. ~o~589 pm~789 91995 ORDINANCE NO. 88-50 AN ORDINANCE AMENDING SECTION 1-5-16 AND 1-5-17 OF ARTICLE II. BUILDING CODE OF CHAPTER 1-5, BUILDINGS AND BUILDING REGULATIONS, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES BY ADOPTING THE STANDARD BUILDING CODE, 1988 EDITION, INCLUDING APPENDIX A WITH AN AMENDMENT TO SECTION A103.2.3 DESIGNERS NAME; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING AN EFFECTIVE DATE, PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 125.01 and 553.73, Florida Statutes, empower the Board of County Commissioners of St. Lucie County, Florida, to adopt and enforce technical codes and regulations for the safety, health, and welfare of the people. 2. Adoption of the Standard Building Code, 1988 edition, i~c~uding Appendix A with certain amendments is in the best interest 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. AMENDMENT OF SECTIONS 1-5-16 and 1-5-17 OF ARTICLE II. BUILDING CODE OF CHAPTER 1-5, BUILDINGS AND BUILDING REGULATIONS, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES Sections 1-5-16 and 1-5-17 of the St. Lucie County Code of Ordinances are hereby amended to read as follows: Struck through passages are deleted. added. -1- Underlined passages are oo 605 Section 1-5-16. Adopted The Standard Building Code, 1988 1985 Edition, App ~- ~ A_ ~A__ · ' including endix A ~ ....... :~ S=~t ..... :~ " ~ :~ 9, :~ ~ n~ 5 ~ 9v~.?, as promulgated by the Southern Building Code Congress International, Inc., is adopted by reference as the building code of the county, to apply to the unincorporated areas of the county. A copy of such code shall be filed in the office of the community county development director ....~-~A- and shall be available for public inspection during the regular business hours of such office. Section 1-5-17. Amendments. The building code of the county, as adopted by Section 1-5- 16, is hereby amended in the following respects: Section 103.6.1, Permit Intent, is hereby amended so that same shall henceforth read as follows: The building official shall act upon an application for a permit with plans as filed, or as amended, without unreasonable or unnecessary delay. A permit issued shall be construed to be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter, or set aside any of the provisions of this code, nor shall such issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans or in construction, or of violations of this code. Every permit used shall become invalid unless: (a) A required inspection of the work authorized is requested and made within six (6) months after issuance of the permit; and (b) Following the initial inspection of the work authorized by such permit, continuing required inspections are requested and made at intervals not exceeding six (6) months. ...... ,.~,., passages are deleted. added. 2 Underlined passages are °" 605 Section 2204.04, Moving of Buildings, is hereby amended to reflect the addition thereto of the following paragraph: The community county development director ............ as a condition precedent to the issuance of a permit to move a building shall require a performance bond to be executed by the person desiring the permit, with satisfactory corporate surety. Such bond shall be made payable to the Board of County Commissioners of St. Lucie County, Florida, in an amount determined by the community county development director ~ to be equal to the cost of demolition, removal or repair, in order to bring the building into compliance with the Standard Building Code, as amended and adopted by St. Lucie County. The bond shall be conditioned on bringing the relocated building into compliance with the Standard Building Code within ninety (90) days from the date of relocation; if the building does not comply with the Standard Building Code within the ninety-day period, the county shall give ten (10) days' written notice of the noncompliance and of the county's intent to have a bond forfeited to cover the cost of demolition, removal or repair of such building. Following such notice, the bond shall be forfeited and the necessary demolition removal or repair shall be done. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 AND APPLICABILITY. 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. 605 BOOK PART D. 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 E. EFFECTIVE DATE. This ordinance shall take effect October 1, 1988. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART G. Chairman Jack Krieger Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jim Minix Commissioner Judy Culpepper CODIFICATION. Aye Aye Aye Aye Aye 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 20th day of September, 1988. ...... ~,, passages are deleted. added. -4- Underlined passages are ATTEST: ST. LUCIE COUNTY, F~O~IDA APPROVED A.~ TO FORM'~ND QOUNTY/~T~ '88 D~l -3 I~11:40 C/) ...... through passages are deleted. added. -5- Underlined passages are °~ 605 ~20~9 BOOK ORDINANCE NO. 88-51 AN ORDINANCE AMENDING SECTION 1-5-41 OF ARTICLE IV. MECHANICAL CODE OF CHAPTER 1-5, BUILDINGS AND BUILDING REGULATIONS, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES BY ADOPTING THE STANDARD MECHANICAL CODE, 1988 EDITION, INCLUDING APPENDIX A; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 125.01 and 553.73, Florida Statutes, empower the Board of County Commissioners of St. Lucie County, Florida, to adopt and enforce technical codes and regulations for the safety, health, and welfare of the people. 2. Adoption of the Standard Mechanical Code, 1988 edition, including Appendix A is in the best interest 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. AMENDMENT OF SECTION 1-5-41 OF ARTICLE IV. MECHANICAL CODE OF CHAPTER 1-5, BUILDINGS AND BUILDING REGULATIONS, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES Section 1-5-41 of the St. Lucie County Code of Ordinances is hereby amended to read as follows: Section 1-5-41. Adopted. The Standard Mechanical Code, 1988~v~n°= Edition · ' including Appendix A, as promulgated by the Southern ~°=~" ~,.~u~,,~ passages are deleted. added. -1- Underlined passages are 603 Building Code Congress International, Inc., is adopted by reference as the mechanical code of the county, to apply to the unincorporated areas of the County. A copy of such code shall be filed in the office of the community county development director ....~-~- and shall be available for public inspection during the regular business hours of such office. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 AND APPLICABILITY. 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 D. 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. °~ .... '- through passages are deleted. added. --2-- Underlined passages are 603 PART E. EFFECTIVE DATE. This ordinance shall take effect October 1, 1988. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger Vice-Chairman Havert L. Fenn Aye Aye Commissioner R. Dale Trefelner Aye Commissioner Jim Minix Aye PART G. Commissioner Judy Culpepper CODIFICATION. Aye 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 6th day of September, 1988. 916579 sEP 16 9:22 FI~ OOU,.= ~/ . SI'. LU,:~ ' BOARD OF CO~TY C~MISSION~S ', ST. LUCIE COUNTY,~-'FLORIDA BY: ..... ' .' APPROVED AS TO FORM~AND CORRECTNESS: Struck ~.,~,.~ passages are deleted. added. --3-- Underlined passages are 0R 603 c 1430 916580 ORDINANCE NO. 88-52 AN ORDINANCE AMENDING SECTION 1-5-51 OF ARTICLE V. PLUMBING CODE OF CHAPTER 1- 5, BUILDINGS AND BUILDING REGULATIONS, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES BY ADOPTING THE STANDARD PLUMBING CODE, 1988 EDITION, INCLUDING APPENDIX A; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 125.01 and 553.73, Florida Statutes, empower the Board of County Commissioners of St. Lucie County, Florida, to adopt and enforce technical codes and regulations for the safety, health, and welfare of the people. 2. Adoption of the Standard Plumbing Code, 1988 edition, including Appendix A is in the best interest 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. AMENDMENT OF SECTION 1-5-51 (ADOPTED) OF ARTICLE V PLUMBING CODE OF CHAPTER 1-5, BUILDINGS AND BUILDING REGULATIONS, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES. Section 1-5-51 of the St. Lucie County Code of Ordinances is hereby amended to read as follows: Section 1-5-51. Adopted. The Standard Plumbing Code, 1988 ~J~5 Edition, "~ · ' including Appendix A, as promulgated by the Southern ...... through passages are deleted. added. --1-- Underlined passages are Building Code Congress International, Inc., is adopted by reference as the plumbing code of the county, to apply to the unincorporated areas of the County. A copy of such code shall be filed in the office of the community county development director coordinator and shall be available for public inspection during the regular business hours of such office. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 AND APPLICABILITY. 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 D. 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. Struck through passages are deleted. added. --2-- Underlined passages are 803 PART E. EFFECTIVE DATE. This ordinance shall take effect October 1, 1988. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger Aye Vice-Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Jim Minix Nay PART G. Commissioner Judy Culpepper CODIFICATION. Aye 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 6th day of September, 988~ ./ ATTEST: ; :' ~f,~ ' CLERK BOARD OF COUNTY COMMiSSIONERs ST. LUCIE COUNTY,.-,~F~ORIDA APPROVED AS TO FORM AND CORRECTNESS: '88 SE716 / 9:22 o~ .... ,. ~5L~,~ ~ e.q deleted. ~ . .... .,,~ ~,, passag are added. 3 ATTORNEY Underlined passages are 803 ORDINANCE NO. 88-53 AN ORDINANCE AMENDING SECTION 1-5-71 OF ARTICLE VII. ELECTRICAL CODE OF CHAPTER 1-5, BUILDINGS AND BUILDING REGULATIONS, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES BY ADOPTING THE NATIONAL ELECTRICAL CODE, 1987 EDITION; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 125.01 and 553.73, Florida Statutes, empower the Board of County Commissioners of St. Lucie County, Florida, to adopt and enforce technical codes and regulations for the safety, health, and welfare of the people. 2. Adoption of the National Electrical Code, 1987 edition, is in the best interest 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. AMENDMENT OF SECTION 1-5-71 OF ARTICLE VII ELECTRICAL CODE OF CHAPTER 1-5, BUILDINGS AND BUILDING REGULATIONS, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES. Section 1-5-71 of the St. Lucie County Code of Ordinances is hereby amended to read as follows: Section 1-5-71. Adopted. The National Electrical Code, 1987 198~ edition, as promulgated by the National Fire Protection Association, is ...... through passages are deleted. added. -1- Underlined passages are 603 adopted by reference as the electrical code of the county, to apply to the unincorporated areas of the County. A copy of such code shall be filed in the office of the community county development director~ .... ~-~A-~ and shall be available for public inspection during the regular business hours of such office. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 AND APPLICABILITY. 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 D. 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. Struck ~.~,,~ passages are deleted. added. -2- Underlined passages are oo .603 PART E. EFFECTIVE DATE. This ordinance shall take effect October 1, 1988. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART G. Chairman Jack Krieger Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Judy Culpepper Commissioner Jim Minix CODIFICATION. Aye Aye Aye Aye Aye 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 6th day of September, 1988.. SOARn OF COUNTY C0R ZSSTONi s ST. LUCIE COUNTY,/~LORIDA : , BY: APPROVED AS TO FORM:,,AND CORRECTNESS: '88 SE?16 /%9:23 00.'" ' / , Struck ~,,~,,~ passages are deleted. added. --3-- COUNTY ATTORNF.~ Underlined passages are 908328 ORDINANCE NO. 88-56 AN ORDINANCE AMENDING SECTION 1-20-3(a) OF ARTICLE I OF CHAPTER 1-20 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY DELETING THE WORD "GROSS" FROM THE OPENING PARAGRAPH FOR PURPOSES OF CLARIFICATION; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR 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. Section 316.555, Florida Statutes, provides that the Board may prescribe weight limits lower than the limits prescribed in Chapter 316, Florida Statutes, whenever in its judgment, any road or part thereof shall, by reason of its design, deterioration, or other climatic or natural causes be liable to be damaged or destroyed by motor vehicles if the weight thereof shall exceed the limits established by the Board of County Commissioners. 2. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida, to delete the word "gross" from the opening paragraph for purposes of clarification. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: ............ ~,, passages are deleted. added. Underlined passages are o ,598 136 PART A. AMENDMENT OF SECTION 1-20-3(a) OF ARTICLE I OF CHAPTER 1- 20. Section 1-20-3(a) of Article I of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-20-3. Truck weight limits established for certain roads. (a) Ail trucks having a ~ weight in excess of the indicated weight are prohibited on the following roads or indicated portions thereof: "Beach Avenue", south and east of Oleander, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Carlton Road Extension", from the north line of Section 34, Township 36 South, Range 38 East, south to its intersection with Glades Cut-Off Road in the county, thirty-six (36) tons excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Citrus Avenue", from Midway Road South to its intersection with Seager Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Citrus Park", at Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Coral Way", truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Deland Avenue", at Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. ...... through passages are deleted. added. -2- Underlined passages are 137 "Ft. Pierce Boulevard", from Indrio Road to Emerson Avenue, truck traffic limited to vehicles with an emDty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Juanita Avenue and Whispering Ct.", Bridge Number 940040, thirty-ton limit to be posted. "Keen Road & Belcher Canal", Bridge Number 940036-,, eleven- ton limit to be posted. "Kings Highway", at Feeder Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Kirby Loop & 5 Mile Creek", Bridge Number 940067, ten-ton limit to be posted. "Lakeland Boulevard", at Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Marina Drive", truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "MCCarty Road and 10 Mile Creek", Bridge Number 940031, twelve-ton limit to be posted. "MCCarty Road and 11 Mile Creek", Bridge Number 940030, twelve-ton limit to be posted. "North 37th Street", from Avenue D to Avenue C, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "North 39th Street", from Avenue D to Orange Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "North Jenkins Road Bridge", over Canal No. 44, eight (8) tons per vehicle; twelve (12) tons per semi-trailer combination; sixteen (16) tons per truck and full trailer. °~ .... "~ ..... ~ passages are deleted. added. --3-- Underlined passages are "Oleander Avenue", from Virginia Avenue to Edwards Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Oleander Avenue", South of Midway Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Palomar Parkway", at Feeder Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Peterson Road Bridge", located between Sections 7 and 18, Township 35 South, Range 40 East (over North St. Lucie River Water Management District Canal 29) in the county, eight (8) tons. "Peterson Road Bridge", over 5 Mile Creek, zero (0) tons. "Prima Vista Boulevard", from Floresta Drive West, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Riomar Drive", from Prima Vista Boulevard to U. S. 1 (S.R. 5), truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Rose Lane", in the county, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Seager Avenue", East of Citrus to U. S. Highway #1, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Seneca Avenue", truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Shinn Road & Canal 71", Bridge Number 940027, eleven-ton limit to be posted. ~°~" ~..~.,~ passages are deleted. added. -4- Underlined passages are 598 "South Indian River Drive", from Orange Avenue to Seaway Drive, and from Citrus Avenue to the South St. Lucie County Line, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Sunrise Boulevard", between Edwards Road and Bell Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Taylor Dairy and Belcher Canal", Bridge Number 940041, twelve-ton limit to be posted. "Taylor Dairy and Canal No. 1", Bridge Number 940043, ten- ton limit to be posted. "Winter Garden Parkway", at Feeder Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "53rd Street & Belcher Canal", Bridge Number 940068, eleven- ton limit to be posted. (b) Notice of the establishment of such weight limits shall be posted at the intersections on such roads. 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 AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such ...... through passages are deleted. added. -5- Underlined passages are ~00K h61ding shall not affect the remaining portions of this ordinance. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. 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 D. 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. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger AYE Vice Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Judy Culpepper AYE Commissioner Jim Minix AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word ~°~=~" =~,.~,,~ passages are deleted. added. --6-- Underlined passages are o , 598 "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 G shall not be codified. PASSED AND DULY ENACTED this 19th day of July, 1988. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. ~ COUNTY, FLORID~ APPROVED AS TO FORM AND' ...... through passages are deleted. added. -7- Underlined passages are ~OOK 598 PAGF 142 901604 ORDINANCE NO.: 88-57 FILE NO.: PA-87-017 AN OR~ANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE EAST SIDE OF NORTH KINGS HIGHWAY, APPROXIMATELY 700' EAST OF THE INTERSECTION OF INDRIO ROAD AND KINGS HIGHWAY (MORE PARTICULARLY DESCRIBED HEREIN) FROM SU (SEMI-URBAN) TO CG (COMMERCIAL GENERAL); MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Indrio Estates Limited Partnership presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi -Urban) to CG (Commercial General) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 7, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi -Urban) to CG (Commercial General) for the property described below. 593 3. The Board held a public hearing on June 22, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on June 16, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: The West 1078.75 feet of the North 1/2 of the SW 1/4 of Section 13, Twp. 34 S, Rng. 39 E., less and excepting: the South 808.75 feet of the North 828.7 feet of the East 628.75 feet of the West 699.75 feet of the NW 1/4 of said SW 1/4 and canal rights of way. owned by Indrio Estates Limited Partnership, be, and the same is hereby changed from SU (Semi - Urban) to CG (Commercial, General). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas. oo, 593 e 1777 D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. 593 ~,OOK I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Judy Culpepper AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 22nd day of June, 1988. BOARD OF COUNTY COMMISSIONERS~ ST. BY: '88 &l. -5 P3:27 ST. LUCii~ ,"., ~-, . i;'L.. 593 500K 90160 ORDINANCE NO.: 88-58 FILE NO.: PA-87-028 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE EAST SIDE OF NORTH KINGS HIGHWAY, 1/2 MILE SOUTH OF INDRIO ROAD (MORE PARTICULARLY DESCRIBED HEREIN) FROM SU (SEMI-URBAN) TO IL (INDUSTRIAL LIGHT); MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Martin Naftal, Et Al, presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi -Urban) to IL (Industrial Light) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 7, 1988, off,which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi -Urban) to IL (Industrial Light) for the property described below. 593 3. The Board held a public hearing on June 22, 1988, after ~ublishing notice of such hearing in the Ft. Pierce News Tribune on June 16, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: 2& 3& 39 $ 3/& of Nw 1/& of NW 1/&-.Less ~' 71 Yt for RS/W- (28.$~' AC) ~ 2& 3& 39 N t/A of .~W 1/& of NW 1/a-Less ~ 7] F= for R$/~- (9.61 AC) (~Location: On the east side of Turnpike Feeder Road, ~ mile south of Indrio Road) owned by Martin Naftal, Et Al, be, -and the same is changed from Su (Semi - Urban) to IL (Industrial Light). hereby B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and ob3ectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas. 593 ' D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2470 Centerview Drive, Tallahassee, Florida, 32399. 593 .I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, as follows: the vote on this ordinance was Chairman Jack Krieger AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Judy Culpepper AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 22nd day of June, 1988. ATTEST: BOARD OF COUNTY COMMISSIONERS,':. ~ . . APPRO~D AS TO FORM AND coim,'m, 593 901(;06 ORDINANCE NO.: 88-59 FILE NO.: PA-87-027 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT THE WEST SIDE OF NORTH KINGS HIGHWAY, APPROXIMATELY 3/4 MILE NORTH OF ORANGE AVENUE (MORE PARTICULARLY DESCRIBED HEREIN) FROM SU (SEMI-URBAN) TO IL (INDUSTRIAL LIGHT); MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Kelly Tractor Company presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi -Urban) to IL (Industrial Light) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 7, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi -Urban) to IL (Industrial Light) for the property described below. 593 BOOK ' Board held 3. The after publishing notice of such Tribune on june 16, 19B8- a public hea~in$ on 5u~e hearin$ in the Ft. ~, 19BB, pierce News Board of county NOW, THEREFORE BE IT oRDAINED by the commissiOners of St. Lucie county, Florida: A. CHANGE IN FuTUR~E LAND forth in the St. The future land use classification Lucie county Growth Management policy plan for that property described as follOWS: THE EAST 1,100 FEET OF THE sOUTH 1/5 OF THE NORTHEAST 1/4 OF THE soUTHEAST 1/4 OF sECTION 5, TOWNSHIP 35 soUTH, RANGE 39 EAST, ST. LucIE coUNTY, FLORIDA, LESS ROAD AND DRAINAGE RiGHT-OF-WAY' owned by Kelly TraCtOr changed from Su (semi - companY, be, and the same is Urban) to IL (industrial Light)- B. FINDING OF CONSISTENCY' hereby change in the future policies and objectives Management poliCy plan. determines that the approved consistent with the ThiS Board specifically land use plan is contained in the St. Lucie County Growth C. CHANGES TO zONING ATLAS- .~. Development Director The St. Lucie County commun~ authorized and directed to cause the changes to be made hereby the St. Lucie county zoning AtlaS- D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne 593 Building, 2470 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Judy Culpepper AYE Commissioner Jim Minix AYE ',PASSED AND DULY ADOPTED this 22nd day of June, 1988. BOARD OF COUNTY COMMISSIONERS aPP~O~x.D 901606 C0~RSCTNSS S: '~ ,JUL -5 P3:28 COUN~'AT~ ST. LUCiE .... 593 ~00~ 901607 ORDINANCE NO.: 88-60 FIL~.. NO.: PA-87-029 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE EAST SIDE OF SWAIN ROAD, 1300' SOUTH OF WHITE WAY DAIRY ROAD, LYING BETWEEN SOUTH JENKINS AND HARTMAN ROADS (MORE PARTICULARLY DESCRIBED HEREIN) FROM RL (LOW DENSITY RESIDENTIAL) TO RM (RESIDENTIAL MEDIUM DENSITY); MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Gold Coast Associates LTD., presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Low Density Residential) to RM (Residential Medium Density) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 7, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board not change the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Low Density Residential) to RM (Residential Medium Density) for the property described below. 593 BOOK 3. The Board held a public hearing on June 22, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on June 16, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that p~operty described as follows: That parc of th~ Southwest Mile Creek, and the ~sc 1/2 of the So, cheese 1/~ cf Sou~h~: !/4 cf LESS ~ND EXCEPT rights-of-way for public road and North St. Lucie Ei'.'er Wa~er Control District lateral canal, and FURTHEK LESS ~;D EXCEPT the Nor=h 309 feeC of ~he West 175 fee= (which 175 feet includes a 25-fcor right-of-way for Swain Road). (Location: On the east side of Swa~ Road, 1300 ft. scuth of White Way Dairy Road, lying bergen Jenkins and Har:man Roads) owned by Gold Coast Associates, be, and the same is hereby changed from RL (Low Density Residential) to RM (Residential Medium Density). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and ob3ectives contained in the St. Lucie County Growth Management Policy Plan. C. CH/U~GES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in 593 500K the St. Lucie County Zoning Atlas. D. 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. E. SEVERABILIT¥. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne 593 BOOK Building, 2~40 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Judy Culpepper AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 22nd day of June, 1988. ATTESt? ~ APPROVED AS TO FORM AND ' ' <' dORRECTNESS:/,/~ <' ~01607 '88 Jill-5 P3:28 / / ST. LUCiE ' °" 593 BOOK 90411 ORDINANCE NO.: 88-61 FILE NO.: PA-87-035 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF ST. LUCIE BOULEVARD AND TAYLOR DAIRY ROAD (MORE PARTICULARLY DESCRIBED HEREIN) FROM SU (SEMI - URBAN) TO CG (COMMERCIAL GENERAL) AND IL (INDUSTRIAL LIGHT); MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Kioshi Groves presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi - Urban) to CG (Commercial, General) and IL (Industrial Light) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 7, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi - Urban) to CG (Commercial General) and IL (Industrial Light) for the property described below. 595 605 ~,OOK 3. The Board held a public hearing on June 22, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on June 16, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: ' To CG: 36-34-39, North 810.04 ft. of NW 1/4 of NE 1/4, less East 202.18 ft. of North 509.34 and less rd. r/w. > > To IL: 36-34-39, NW 1/4 of NE 1,/4 less N. 810.04 ft., and > less rd. r/w and less SW 1/4 of NE 1/4 less rd. & canal r/w. > (Location: On the southeastern corner of St. Lucie Blvd. and > Taylor Dairy Road.) owned by Kioshi Groves, be, and the same is hereby changed from SU (Semi - Urban) to CG (Commercial General) and IL (Industrial Light) B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas. 606 f~OOK ,..,l,..~t.,I PACE D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2470 Centerview Drive, Tallahassee, Florida, 32399. 595 607 BOOK I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Judy Culpepper AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 22nd day of June, 1988. ATTEST 90411S '88 J..JL 18 All :53 FILED ,'~..q;] . ' ~O_UGL A S L'? ~: BOARD OF COUNTY COMMISSIONERS' ST. LUC~TY, FLORIDA APPR~ED AS TO FORM AND 595 608 BOOK NO. OF THE ( ( FRO~ HAKING FIND CHANGES PROVIDING FOR PROVIDING FOR DEPARTHENT ORDINANCE~NO.: 88-62 FILE NE.: PA-87-031 ORDINANCE AMENDING THE ST. MANAGEMENT POLICY PLAN, -01 BY CHANGING THE LAND USE LOCATED ON THE NORTH ROAD), 672' EAST OF PARTICULARLY DESCRIi (SEMI - URBAN) TO X ( PROVIDING FOR THE ST. LUCIE PROVISI~ WITH THE D! F COMMUNITY DATE ION OF STATE ROAD 70 ROAD HEREIN) THE NECESSARY ZONING ATLAS; AND SEVERABILITY; OF STATE AND AND FOR AN ADOPTION. WHEREAS, the Board - County, Florida, has made --~..~,j7 .... 1. James- P. Bowman -_~-~,.~ petition to amend the future ..... the St~ Lucie Count¥- ..... --Urban) to X (Interchange - 2. The St. Luci. holding a public he~ _was published at least all owners of proper~ notified by mail of s amend- '~he future Lucie County Growth to X (Interchange) 3. The B after publishJ g Tribune on June Commissioners of St. Lucie .lowing determinations: Pennington Winbush, presented !~a use classification set forthin ement Policy Plan from 'SU (Semi for property descr/bed below. County tcal Planning Agency' after January ~, 1988, of which due notice (7) prior to said hearing.and within five hearing, has use classifica~ 'ement Poli the property ~d (500') feet were ~ecommended that_.~he Board on set forth in the St. from SU (Semi - Urban) bed below. held a public he~ ~ of .such hearing 1988. g on June 22, 1988, the Ft. Pierce News NOW, E BE IT ORDAINED by th Board of County Commissioners St. Lucie County, Florida: A. IN FUTURE LAND USE CLASSIFIcATIOn. Th~ future land use classification set forth in the St. Lucie Co' Growth Management Policy Plan for that property described!as follows: > > > > See Attached Exhibit A owned by James p. Bowman and Pennington winbush, be, and the same is hereby changed from SU (Semi - Urban) to X (Interchange) ,"~?- :: B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and ob3ectives contained in the St. Lucie County Growth ' Management Policy Plan. C. CHANGES TO ZONING ATLAS. ': The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas· ...... D. CONFLICTING PROVISIONS Spec/a/ acts of the Florida Legislature applicable on to unincorporated areas of St. Lucie County, County--Ordinances .... and County Resolutions, or parts thereof, in .~conflict with th/~ -~-~7.='-Ordinance are hereby superseded by this ordinance to_~the~ exten~ of such confl/ct~ If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of tnis ordinance· If this ordinance' or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding ·shall not effect its applicability-to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to3the Department of Community Affairs, 2571 Executive Center Circle E~st, Tallahassee, Florida, 32301. I. EFFECTIVE DATE. .This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance as follows: was ATTEST - Chairman Jack Krieger XX V/ce-Chairman Havert Fenn XX Commissioner R. Dale Trefelner XX Commissioner Judy Culpepper XX Commissioner Jim Minix XX PASSED AND DULY-ADOPTED this 22nd day of June, 1988. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CLERK BY: CHAI~ APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY E×HIBIT "A" Lot 11 of.~the Southeast quarter of MODEL LAND COMPANY'S SUBDIVISION ~n Section 23, Township 35 South, Range 39 East, as liper plat of said subdivision on file in Plat Book 2, Page 10, of 'b?~--tne Public Records of St. Lucie County, Florida, lying West of the West right-of-way line of the Sunshine State Parkway; less ~-the South 69.40 feet of the East 161.24 feet thereof. AND the West 515 feet of ~t 14 o~ the Southeast Quarter of MODEL ~ND COMP~Y'S SUBDIVISION in Section 23, To,ship 35 South, Range 39 East as per plat of said subdivision on file in Plat Book 2, Page 10, of the ~blic Records of St. Lucie County, Florida, lying North of the North right-of-way line of State Road No. 70. ~D that portion of Lot 10 of the Southeast Quarter of MODEL ~D COMP~Y,S SUBDIVISION in Section 23, Township 35 South, Range 39 East, as per plat of said subdivision on file in Plat Book 2, Page 10, of the .Public Records of St. Lucie County, Florida, lying West of the West right-of-way line of the Sunshine State Parkway; less the South 69.40 feet thereof 901.608 ORDINANCE NO.: 88-63 FILE NO.: PA-87-030 OF AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION THE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF INTERSECTION OF SOUTH KINGS HIGHWAY AND WHITE ROAD (MORE PARTICULARLY DESCRIBED HEREIN) FROM RL ( LOW DENSITY RESIDENTIAL ) TO X ( INTERCHANGE ) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. THE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Steven L. Craig presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Low Density Residential) to X (Interchange) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 7, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Low Density Residential) to X (Interchange) for the property described below. 593 BOOK ,3. The Board held a public hearing on June 22, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on June 16, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: N 1/2 of NW 1/4 of N/W 1/4, less the south 400 ft. of the north 903.20 ft. of the east 750 ft. of the west 775 ft. & W 1/2 of the W 1/2 of NE 1/4 of NW 1/4 - Less W 25 ft. & Less N 35 ft., said land being located in 24-35-39, St. Lucie County, Florida. (40.71 ac). owned by Steven L. Craig, be, and the same is hereby changed from RL (Low Density Residential) to X (Interchange). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and ob3ectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas. D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to - any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2470 Centerview Drive, Tallahassee, Florida, 32399. 593 ~,OOK I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Judy Culpepper AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 22nd day of June, 1988. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE~~, FLORIDA BY: ~', APPROVED AS TO FORM AND C/~~,~R CT,~S: / ~. /f 901608 FiLEb ,,::~(~-9~'~,~ .... '- DOUGL;~;.; ,.ti ~ ,'; ST. LUCI[ ~::',i:.. - .:~ ~00~ 901609 ORDINANCE NO.: 88-64 FILE NO.: PA-87-034 AN ORDINANCEAMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN. ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF SOUTH KINGS HIGHWAY AND WHITE ROAD (MORE PARTICULARLY DESCRIBED HEREIN) FROM RL (LOW DENSITY RESIDENTIAL) TO RM (RESIDENTIAL MEDIUM DENSITY); MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FORAN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Ramiro Placido, presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Low Density Residential) to RM (Residential Medium Density) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 7, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Low Density Residential) to RM (Residential Medium Density) for the property 593 t~OOK described below. 3. The Board held a public hearing on June 22, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on June 16, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: S 1/2 of the SW 1/4 of the SW 1/4 of Section .19, Twp. 35 $., Range 40 E., less road and canal r/w, lying in St Lucic County . owned by Ramiro Placido, be, and the same is hereby changed from RL (Low Density Residential) to RM (Residential Medium Density). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas. 593 D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne 593 BOOK Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, as follows: the vote on this ordinance was Chairman Jack Krieger AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Judy Culpepper AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 22nd day of June, 1988. '88 JUL "5 P3,.'2~g ST. L UC Yi ~-; ~ ;/',~. ' .-!."' BY: BOARD OF COUNTY COMMISSIONERS 593 BOOK 904119 ORDINANCE NO.: 88-65 FILE NO.: PA-87-032 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE WEST SIDE OF RANGE LINE ROAD APPROXIMATELY 3/5 MILE SOUTH OF THE FEC RAILROAD TRACKS; (MORE PARTICULARLY DESCRIBED HEREIN) FROM AG (AGRICULTURAL) TO IH (INDUSTRIAL HEAVY); MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Michael S. McCarty, Daniel T. McCarty and Lela Mitchell, presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from AG (Agricultural) to IH (Industrial Heavy) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 7, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from AG (Agricultural) to IH (Industrial Heavy) for the property described below. 595 609 BOOK 3. The Board held a public hearing on June 22, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on June 16, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: SEE EXHIBIT "A" owned by Michael S. McCar~, Daniel T. McCart]f and Lela Mitchell, be, and the same is hereby changed from AG (Agricultural) to IH oo 5§5 610 (Industrial Heavy). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and ob3ectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas. D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. oo 595 611 F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2470 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: 'Chairman Jack Krieger AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Judy Culpepper AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 22nd day of June, 1988. ATTEST BOARD OF COUNTY COMMISSIONERS'~''~ .*" LUCIE TY, FLORID~--~ .BY: C . APPRO~D AS TO FORM AND CO~RECTNESS: ~ ~oo~" 595 ~ 6:13 'f EXHIBIT "A" PARCEL 2 COMMENCE at the Northeast corner of Section l, Township 37 Range 38 East, St. Lucie County, Florida; thence S00°00'54"W, along the East line of said Section l, a distance 2567.98 feet, to the POINT OF BEGINNING; thence conti,- S00°00'54"W, along the East line of said Section 1, a distance 1022.83 feet; thence run N89°59'O6"W, a distance of 2636.38 to the Easterly line of the Florida Power & Light Cc~:~ easement; thence run N44°46'OO"E, along the saia Easter'lA lina the Florida Power & Light Company easement, a distance 1869.78 feet, thence run S00°00'54"W, a distance of 305.03 fee: thence run S89°59'06"E, a distance of 1320.00 feet, to the OF BEGINNING, all lying and being in Section 1, Township South, Range 38 East, St. Lucie County, Florida, and contain: 51.0587 Acres, more or less. PARCEL 3 COMMENCE at the Northeast corner of Section l, Township 37 Sou~' Range 38 East, St. Lucie County, Florida; thence S00°00'54"W, along the East line of said Section 1, a distance 3590.80 feet, to the POINT .OF BEGINNING; thence contin~ S00°00'54"W, along the East line of said Section l, a distance 1758.14 feet, to the Southeast corner of said Section 1; then~ run N89~57'50W, along the South line of said Section 1, distance of 4377.75 feet to the Easterlyline of the Florida & Light Company easement; thence run N44~46'OO"E, along the sa' easterly line of the Florida Power & Light Company easemenl distance of 2473.42 feet; thence run S89°59'06"E, a distance 2636.38 feet, to the POINT OF BEGINNING; all lying and being Section l, Township 37 South, Range 38 East, St. Lucie Count, Florida, and containing 141.5015 Acres, more or less. · BOO~,,J,.,'$O PAC[ 01~ ORDINANCE .NO.: 88-66/ . ~ ~ ~ , FILE NO.. PA-87-~/ '~ ' O~IN~CE ~ING THE T. LUCIE CO~ ~ GRO~H ~AG~ POLI~ L~, O~IN~CE ~ NO. 86-01 BY ~GING THE D USE DESIGNATION OF~HE PROPER~ LO~T~ ~PRO~ .Y 490' NORTH OF THE ~TIN ~ ~~ LI~ ON THE SIDE OF A-1-A ~ (MORE P~TI~LY HEREIN) FROM ~ ~I~ TO ~ (CO~RCI~ GE~) NG FI~INGS; PROVIDI FOR ~ING T~ ~SS~Y ON ~ ST. CO~ ZONING AT.S; FOR PROVISIONS ~ S~~ILI~; FOR THE DEP~~ OF STATE ~ ~ A~AIRS ~ FOR ~ EF~ DATE ~ ~OPTION. WHEREAS, County, Florida, 1. W/lliam future land use Growth Management Density) to CG below. 2. The S' . Lucie of County Commissioners of St. the following determinations: Lucie .man, presented a petition to amend the set forth in the St.. Lucie County ~ Plan from RM (Residential Medium General) for the property described' Local Planning 'Agency, after -:~ holding a public on ry ?, -1988, ofwhich due notice was published afl ieast seven (7 lays prior to said hearing and all owners of~ within f: 'e hundred (500') feet were notified by maql of said hearing, ~ recommended that the. Board amend the future land use classific~ tion set forth in the St. Lucie County ~owth Management Polic ._~lan from RM (Residential Medium Density) to CG (Commercial, ' ;e~eral) for the property described below.. 3. ~he Board held a public hearin~ on June 22, 1988, after publishing notice of such hearing in ~he Ft. Pierce News Tribune °~June 16' 1988'~_ ~OW, THEREFORE BE IT ORDAINED by the Board of County CommissiOners of St. Lucie County, Florida: / / A. CHANGE IN FUTURE LAND USE CLASSIFICATI( The future land use classification set forth Lucie County Growth Management Policy Plan for tha~ described as follows: .n the St. Y See Attached Exhibit A owned by William Schulman, be, and the same is hereby changed from RM (Residential Medium Density) to CG (Commercial General). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas. D'. 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. ~ E. SEVERABILITY. If any portion of this ordinance is for any_reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, 2571 Executive Center Circle East, Tallahassee, Florida, 32301. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, as follows: the vote on this ordinance was ATTEST: Chairman Jack Krieger XX Vice-Chairman Havert Fenn XX Commissione~ -Ri Dale Trefelner XX cOmmissioner ~dy Culpepper -- XX Commissioner Jim Minix XX PASSED AND DULY ADOPTED this 22nd day of June, 1988. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEy PARCEL na~ed ~.rea in S:. Lucie Coun:y, Florida, a, mho~n on map of ~vo. by Creech a Ass~te~ L~d S~vey~, S~t, Flo~da. Da~ May 2~2. l~3g and C~ed ~ A~UA ~BELLA as ~ d~ip~on and ~. Subj~t p~cel may conm~ wi~n described ~e~ submerzed ~nda. AH B~gs si~d h~-e:n are re~ve ~ The P~t of W~dm{]l V~ge U~t Two. F~. a Point of ~" Be~nin~ co~ence a: the Sou~s% ~rn~ of Win~ V~a~e L'nit Two as R~rded in P~t B~k 18, Page 31. Pubic R~rds of St. Lu~e C°un~3, Floridal ~ence r~ N-89o-56,-22,,_E a ~z~nce of 28.47 fee~: Three -~2°-45 run S ~ '-3! a diamnce cf 183.17 feet; Thence r~ M-89o-58,-22,,_E a d:s~nce of 54.83 feet Thence ~n S-2~-48'-31"-E a ~ce of 34~.88 Thence run N-8?o-57,-2?,,_W a ~nce ~ 392.00 fee~ ~..~ Sec~on 12~ Thence ~n N-88o-ll,-31,-W a ~e of ~88.54 fee:; Thence run N-0o-13'-10,,-W a ~-mnce of 408.73 f~t ~ne ~ s~d W~dm~ V~age U~t Two: ~ence r~ N-88o-58,-22:,_E ~uth ~ae a d~mnce ~ 790.00 feet ~ ~e Pc~ of Coa~ng 8.87 a~es more or less, ,~d p~c~ may --J~, ~ ~ ~ecmen~, F,c,::'rictions, ~d ~gh~ of Ways of R~rd ff any. , PARCEL A designated area in St. Lucie County, Florida; a~ sh~w,~ on map of survey prepared by Creech & Associates Land Surveyors, St'ua.~0 Florida. Dated May 23. 1980 and Certified to AQUA RABELLA as to descripZion and ~rea. Subject paxcel may contain with/n desc.~bed ax~a ~ubmarg~:! lan~8. All B~mrings sited herein axe relative to The Plat of Wi~dm{11 Vii/age Unit T~o. For a Point of Beginning commence at the Southeast corner of Wiz:dmil~_ Village Ua/t T~o as Recorded in Plat Book 18. Page 31o Public Bec~rds of St. Lucie County. Florida: thence run $-8~-58'-Z2"-W along t~e Sour· line of ~aid Plat a dletanoe of. 153.18 fe~ Th~n~:e rrm N-~-13,-X0-_w a 4i~mnc~ of 81.19 feet to aa intersection ~'lth the Southerly P~ht ~f Way ~f ,aqua Bm Drive u sh~n on agld PLat; Theru:e mu~ N-8~-58'-22"-E ak~r~ maki S(mth~.ly Bight of Wa), ~ne a distance of I54.88 fe~t; Ther~.e run S-ZZo-4g,-31..E · d~stance of 68.86 fee:; The~.ce run S-8~o-5§,-22,.W a ~.-tn~ce Be~g. Ccau~imng 0.24 ·=es more or less, aa/d parce/ may contain submerged Landz and is subject *~ all Easements, Restrict/OhS and Right of Way~ of Record if aa),. :.,- .. -- Fl'. ORDINANCE NO. : 88-67 FILE NO.: PA-87-033 OF WEST MAKING PROVIDING PROVIDING AN ORDINANCE AMENDING THE ST. LUCIE GROWTH MANAGEMENT POLICY PLAN, NO. 86-01 BY CHANGING THE LAND USE PROPERTY LOCATED ON THE SOUTH SIDE THE INTERSECTION OF INDRIO (MORE PARTICULARLY DESCRIBED SU (SEMI-URBAN) TO RL (LOW Di CG (COMMERCIAL ; PROVIDING FOR ON THE ST. LUCIE ~TING PROVISI~ ILING WITH THE )F COMMUNITY DATE ~N INDRIO ROAD, 1400' EMERSON AVENUE ) RESIDENTIAL ) AND THE NECESSARY ZONING ATLAS; AND SEVER~BILITY; OF ~TATE AND JRS AND~ AN 3N. WHEREAS, the Board County, Florida, has made the Commissioners of St. Lucie determinations: 1. Indrio Groves petition to amend the future the St. Lucie County Growth -Urban) to RL (Low Den~ General) for the property Partnership presented a cation set forth in Plan from SU (Semi Resident 1) and CG (Commercial d belo~ 2. The St. Luci County Local Pla~ing Agency, after holding a public ~ ring n January 7, 1988, ~f-which due notice was published at least~ 'en (7) days prior t~said hearing and all owners o£ proper~ within five hundred (~00') feet were notified by mail of s~id hearing, has recommended~that the Board amend the future 1~ use classification set forth in the St. Lucie County Growth ~anagement Policy Plan from SU ~Semi -Urban) to RL (Low Densit, ~Residential) and CG (Commercial ~neral) for the property de ~ed below. ~ 3. The d held a public hearing on June 22~ 1988, after p ~bl ~shin tice of such hearing in the Ft. Pier~ News Tribune on June 1988. ~ NOW, )RE BE IT ORDAINED by the Board of County Commissioners St. Lucie County, Florida: IN FUTURE LAND USE CLASSIFICATION. future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: See Attached Exhibit A owned by Indrio Groves Limited Partnership, be, and the same is hereby changed from Su (Semi - Urban) to RL (Low Density Residential) and CG (Commercial, General). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas. D. 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. E. SEVERABILITY. If any portion of this ordinance is for any re~son held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COWBVFu-NITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, 2571 Executive Center Circle East, Tallahassee, Florida, 32301. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger XX Vice-Chairman Havert Fenn XX Commissioner R. Dale Trefelner XX Commissioner Judy Culpepper XX Commissioner Jim Minix XX PASSED AND DULY ADOPTED this 22nd day of June, 1988. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY INDRIO GROVE I, iMITED PARTNERSHIP FROM: SU (SEMI - URBAN) TO: CG (COmmERCIAL GENERAL) NE 1/4 of the NE 1/4 of the NW 1/4 of the SE 1/4 of Section 15, Township 34 S, Range 39 E, less road r/w (said described property is approximately 2.5 acres) FROM: SU (SEMI - URBAN) TO: RL (LOW DENSITY RESIDENTIAL) NW 1,/4 of the SE 1/4, less road r/w and less the NE 1/4 of the NE 1/4 of the NW 1/4 of the SE 1/4 of Section 15, Township 34 S, Range 39 E, in St. Lucie County, Florida. (said described property is approximately 37.1 acres) 910998 ORDINANCE NO. 88-68 AN ORDINANCE AMENDING ARTICLE II (MINING AND EXCAVATION OPERATIONS PERMIT) OF CHAPTER 1- 12.5 (MINING AND EXCAVATIONS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-12.5-25 (PROCEDURE FOR OBTAINING MINING PERMIT) TO CHANGE THE EFFECTIVE DATE OF THE PERMIT FROM DATE ISSUED TO THE DATE THE BOARD OF COUNTY COMMISSIONERS APPROVES THE PERMIT; AND FURTHER BY AMENDING SECTION 1-12.5-27 (MODIFICATION OR EXTENSION OF MINING PERMIT) TO CLARIFY THE MEANING OF SIGNIFICANT CHANGE; PROVIDING FUTHER FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR 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. Section 125.01, Florida Statutes, empowers the Board of County Commissioners of St. Lucie County, Florida, to establish business and land use regulations and conservation programs necessary for the protection of the public. 2. On June 26, 1984, the Board of County Commissioners adopted Ordinance No. 84-06 which established requirements for a permit to conduct mining and excavation operations in St. Lucie County, Florida, which was later amended on July 1, 1986, by Ordinance No. 86-16, Ordinance No. 86-40 and Ordinance No. 86-42. 3. The current subsection (d) of Section 1-12.5-25 (Procedure for Obtaining Mining Permit), provides that the permit shall take effect on the date issued. Struck ~,,~u~,,~ passages are deleted. added. --1-- Underlined passages are 4. This subsection should be amended to change the effective date of the permit from the date issued to the date the Board of County Commissioners approves the permit. 5. The current Section 1-12.5.27 (Modification or Extension of Mining Permit) provides that any change in a mining permit, including a significant change in operations be in accordance with a new mining permit application. 6. This Section should be amended to clarify the meaning of "significant change". 7. This Board has determined that the above mentioned changes 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. AMENDMENT OF SECTION 1-12.5-25 (PROCEDURE FOR OBTAINING MINING PERMIT) OF ARTICLE II (MINING AND EXCAVATION OPERATIONS PERMIT) OF CHAPTER 1-12.5 (MINING AND EXCAVATIONS). Section 1-12.5-25 (Procedure for obtaining mining permit) of Article II (Mining and Excavation Operations Permit) of Chapter 1-12.5 (Mining and Excavations) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-12.5-25. Procedure for obtaining mining permit. (a) Application Fee. All applications for mining permits shall be submitted to the county engineer in accordance with the provisions of this section. No application shall be deemed complete and officially filed until all information required by Struck through passages are deleted. added. -2- Underlined passages are 599 the provisions of this article has been submitted, accompanied by a nonrefundable application fee according to a schedule established by resolution of the board of county commissioners. Any determination by the county engineer that an application is incomplete may be appealed to the board of county commissioners for a determination that the application is complete. (b) Review by county engineer. The county engineer shall review the application and determine if it is complete. If the county engineer determines that the application is not complete, he shall send the applicant, by mail, a written statement specifying the deficiencies, and shall take no further action unless the deficiencies are remedied. If the county engineer determines that the application is complete, he shall review the application, make a written report, notify the board of county commissioners that the application is ready to review, and return one (1) copy of his report to the applicant. (c) Review and Hearing by Board of County Commissioners: (1) Notice. Upon receiving the report of the county engineer, the board of county commissioners shall schedule a public hearing on the application. Notice of such public hearing shall be published in a newspaper of general circulation in St. Lucie County at least thirty (30) days prior to the date of the hearing. Notice of such public hearing shall be mailed to all property owners within five hundred (500) feet of the property to be mined at least thirty (30) days prior to the date of the hearing. For this notice, the owner of the property shall be determined to be the person who, with his address, is shown on the tax rolls of St. Lucie County. Ail such notices shall set forth the date, time, and place of the hearing; an adequate legal description of the property to be mined; the name of the permit applicant; and the type of mining permit requested. Struck through passages are deleted. added. -3- Underlined passages are oo 599 (2) Hearing. In reviewing the application for a mining permit, the board of county commissioners shall consider the testimony submittals, and information presented at the public hearing, and the report of the county engineer, and shall determine whether the proposed mining operation meets the provisions of this article and any other applicable county ordinance. The board shall require such additional reports as it deems necessary to make its determination. (3) Decision. Within a reasonable time of the conclusion of its review, the board of county commissioners shall approve, approve with conditions, or deny the application. Notification of the decision shall be mailed to the applicant and filed with the office of the county engineer. (d) Issuance of Mining Permit. Following approval of an application, the county engineer shall issue a mining permit upon the applicant furnishing a performance bond in accordance with Section 1-12.5-24(d) of this article and payment of a nonrefundable permit fee according to a schedule established by resolution of the board of county commissioners. The permit shall set forth any condition, limitation, or requirement imposed by the board of county commissioners, and shall take effect on the date ~ the Board approves the permit. No mining may commence until a permit is issued and all restrictions, regulations, and conditions of that permit have been met. If an applicant fails to post a performance bond and obtain a mining permit within one (1) year of the date of approval by the board of county commissioners, the approval shall automatically terminate. Struck through passages are deleted. added. -4- Underlined passages are Boo,( 500 P , 2 373 PART B. AMENDMENT OF SECTION 1-12.5-27 (MODIFICATION OR EXTENSION OF MINING PERMIT) OF ARTICLE II (MINING AND EXCAVATION OPERATIONS PERMIT) OF CHAPTER 1-12.5 (MINING AND EXCAVATIONS). Section 1-12.5-27 (Modification or Extension of Mining Permit) of Article II (Mining and Excavation Operations Permit) of Chapter 1-12.5 (Mining and Excavations) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: ARTICLE II. SECTION 1-12.5-27. MINING AND EXCAVATION OPERATIONS PERMIT Modification or Extension of Mining Permit. ~..~ ...... ~ .............. ~ ~ ....... , .......... ~ e_Any significant change in mining operations, the mining plan, or the reclamation plan, and any extension in the mining permit approval period, shall be in accordance with a new mining permit application conforming with and approved under this article. Any reduction in mining operations, including but not limited to a reduction in hours of operation, a reduction in mining plan area, or n reduction in the scope of operations shall be deemed to be not significant. PART C. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County and adopted prior to January 1, 1969, 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. Struck through passages are deleted. added. -5- Underlined passages are 599 PART D. SEVERABILITY AND APPLICABILITY. 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 Laws, Florida Department of State, the Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger Vice Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Judy Culpepper Commissioner Jim Minix AYE AYE AYE AYE AYE Struck ~..~.,~ passages are deleted. added. -6- Underlined passages are 5'9975 PART H. CODIFICATION. The 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 such ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts C through H shall not be codified. PASSED AND DULY ADOPTED this 2nd of August, 1988. ATTEST: APPROVED AS TO FORM AND 910998 ~8 ~ 19 ~9 :39~/ FILE ~ ST. LUCtl. ' ;' - ';;': Struck through passages are deleted. added. -7- Underlined passages are 0R ' oo 599 /'6 ORDINANCE 88-69 AN ORDINANCE AMENDING SECTION 1-2-2 (E911 SYSTEM; LOCAL OPTION FEE) OF ARTICLE I (IN GENERAL) OF CHAPTER 1-2 (ADMINISTRATION), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR A REDUCTION IN THE LOCAL OPTION FEE FOR NONRECURRING AND RECURRING CHARGES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Under the provisions of Section 365.171(13), Florida Statutes (1985), as amended by Chapter 87-259, Laws of Florida, a county may impose and collect a fee for recurring and nonrecurring charges for the initial provision or subsequent addition of "E911" service and equipment, to be paid by the local exchange subscribers on an individual access line basis, at a rate not to exceed fifty cents (.50) per month per line. 2. Due to an increase in the amount of telephone subscribers in St. Lucie County, the costs for nonrecurring and recurring charges can be reduced, enabling the residents of St. Lucie County to enjoy the benefit of such reduction in their phone bill. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: ~ruc~ through passages are deleted. added. 1 Underlined passages are PART A. AMENDMENT OF SECTION 1-2-2 OF ARTICLE I OF CHAPTER 1-2. Section 1-2-2 of Article I of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-2-2. E911 system; local option fee. (a) Public purpose. The establishment of an Egll system in St. Lucie County, Florida, is declared to be a public purpose and for the benefit of the citizens of St. Lucie County, as well as for visitors to the County. (b) (1) (2) Local option fee: For nonrecurring charges. There is hereby imposed a local option fee for nonrecurring charges for the initial provision of E911 service and equipment, in the amount of ~ .... ~" ~ .... ( ) t¥ ~ .... twen cents ($0.20) per month per access line, up to a maximum of twenty-five access lines per account bill rendered to be paid by the local exchange subscribers in St. Lucie County, Florida, for a period of twelve (12) three (3) consecutive months, beginning on the next billing date of the telephone company following the effective date of this section. For recurring charges. There is hereby imposed a local option fee for recurring charges for the operation and maintenance of Egll service and equipment in the amount of twenty ~ ...... ~ ~ ......... (~v.22) eighteen cents ($0.18) per month per access line, up to a maximum of twenty-five Struck through passages are deleted. added. --2-- Underlined passages are 602 (25) access lines per account bill rendered, to be paid by local exchange subscribers in St. Lucie County, Florida, for a period of twelve (12) consecutive months, beginning on the next billing date of the telephone company following the effective date of this section and continuing over such period as the E911 service is in operation. The County shall submit to the state division of communications, for approval, its proposed recurring "911" fee on an annual basis. (c) Separate audit accounts. The budget officer and finance director are directed to establish a separate audit account specifically for the deposit of fund or fees related to the E911 system. All recurring and nonrecurring fees placed in said account shall be used only for "911" service features and/or PSAP equipment, as defined in the Florida Public Service Commission's lawfully approved "911" and related tariffs and/or "911" equipment. (d) Collection of fee, payment of administrative fee for collection. (1) On an annual basis, as of September 1 of each year, the budget officer and finance director shall determine if there is a deficit or surplus maintained in said account. If there is a surplus or a deficit, the county shall adjust the monthly "911" fee in order to eliminate the surplus or deficit from said account by the end of the following twelve-month period (October 1 Struck ~,,~.~ passages are deleted. added. --3-- Underlined passages are 602 ?,, 2503 BOOK (2) through September 30), provided that such adjusted fee shall not exceed the allowable rate as provided by state law. The amount of such fee adjustment shall be reported to the division of communications as part of the budgetary information supporting the proposed "911" fee for each succeeding year. Southern Bell Telephone of Florida, Inc., (hereinafter called the telephone company), is hereby requested to collect said fee, as hereinabove set forth, from its subscribers in St. Lucie County, Florida, said telephone company to retain as an administrative fee an amount equal to one (1%) percent of the fees collected by the telephone company. Said administrative fee shall be first deducted by the telephone company from the fees collected and the remainder of said fees collected shall be remitted to St. Lucie County or retained by the telephone company and applied on the cost of said E911 service and equipment. In either event, the telephone company shall supply monthly to St. Lucie County a statement as to fees collected. The telephone company shall provide to the County a list of the names, addresses, and telephone numbers of any and all subscribers who have identified to the telephone company then refusal to pay the "911" fee. The telephone company shall have no obligation to take legal action to enforce collection of said fee. Struck through passages are deleted. added. --4-- Underlined passages are °" 602 BOOK (e) Indemnification. (1) St. Lucie County shall indemnify the telephone company against liability in accordance with the telephone company's lawfully filed tariffs unless the telephone company acted with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property in providing service. (2) St. Lucie County shall remain responsible to the telephone company for all E911 service and equipment charges. Sections 1-2-3 - 1-2-15. Reserved. 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 circumstances, such holding shall not affect its applicability to any other person, property or circumstances. Struck ~,~u~ passages are deleted. added. --5-- Underlined passages are 602 BO0~ PART D. APPLICABILITY OF ORDINANCE This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of the ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect on October 1, 1988. PART G. PENALTIES. St. Lucie County shall have the right to sue in civil court to enforce the provisions of this ordinance. PART H. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Jack Krieger Aye Vice Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Judy Culpepper Aye Commissioner Jim Minix Aye PART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the County code and the word "ordinance" may be changed to "section," "article" or other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to I shall not be codified. ~°~ .... ~'- ~.,~ .....u~.,~ passages are deleted. added. --6-- Underlined passages are 60Z I~OOK PASSED AND DULY ADOPTED THIS 6th day of September, 1988. ATTEST: CLERK BOARD OF COUNTY COMMISSIONERS ST.~E COUNTY, FLORIDA K~IRMAN APPRO~D AS TO FORM AND C0RRE~N~: ~ 9156~6 · 88 ~E~ ~3 ~8:5~ ~0 ~°~" ~,,~u~,,~ passages are deleted. added. -7- Underlined passages are oo 602 933308 ORDINANCE NO. 88-70 AN ORDINANCE AMENDING SECTION 3.2.720 (PERMITTED PERMANENT SIGNS); SECTION 3.2.730 (AUTHORIZED TEMPORARY SIGNS); AND SECTION 3.3.122 (HIRD HUTCHINSON ISLAND RESIDENTIAL DISTRICT) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) BY ADDING THE RF RELIGIOUS FACILITIES ZONING DISTRICT TO SAID SECTIONS FOR CONSISTENCY AND FURTHER BY AMENDING SECTION 3.3.123 (RF RELIGIOUS FACILITIES) OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) TO SPECIFY CONDITIONAL AND ACCESSORY USES THAT ARE ALLOWED IN THE RF RELIGIOUS FACILITIES ZONING DISTRICT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY, FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Article VIII, Section l(f), Florida Constitution, and Section 125.01(1)(h), Florida Statutes, authorizes and empowers this Board to establish, coordinate, and enforce zoning regulations as are necessary for the protection of the public. 2. In order to add the RF Religious Facilities Zoning District to Sections 3.2.720, 3.2.730 and 3.3.122 for consistency, and in order to specify conditional and accessory uses that are allowed under Section 3.3.123 in the RF Religious Facilities Zoning District of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinances, it is necessary to amend Section 3.2.720, Section 3.3.730, ~°~" through passages are deleted. added. 1 Underlined passages are Section 3.3.122 and Section 3.3.123 of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinances). 3. On October 27, 1988, the St. Lucie County Planning and Zoning Commission held a public hearing, due notice of which had been published at least thirty (30) days in advance, to consider amending the text of the St. Lucie County Zoning Ordinance, as set out in this Ordinance. 4. The St. Lucie County Planning and Zoning Commission recommended that the Board approve the proposed amendment. 5. On November 22, 1988, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing on the proposed amendment after publishing notice of that hearing in the Fort Pierce News Tribune on November 1, 1988. 6. This Board believes that passage of the proposed zoning text amendment is in the best interest of the health, safety, and 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. AMENDMENT OF SECTION 3.2.720. PERMITTED PERMANENT SIGNS Section 3.2.720. Permitted Permanent Signs of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinances) is hereby amended to read as follows: ~ruc~ through passages are deleted. added. -2- Underlined passages are Section 3.2.720. Permitted Permanent Signs. The following signs or advertising structures of a permanent nature shall be permitted within the following zoning districts: (5) Commercial, Neighborhood Religious Facilities (RF): (CN); Institutional (I)+ (a) One (1) wall sign or one (1) projecting sign which shall not exceed a sign area equal to twenty (20) per cent of the total wall face area fronting on the main street, except that fifty (50) per cent of such permitted wall sign area may be located on any other wall surface of the same building. The wall sign or projecting sign shall not exceed eighteen (18) feet in height. (b) Any establishment or group of establishments that has a street lot frontage of fifty (50) linear feet or more, shall be permitted one (1) ground sign. Such sign shall not exceed a sign area equal to one (1) square foot for every one and five-tenths (1.5) linear feet or major fraction thereof of street lot frontage up to a maximum of two hundred (200) square feet. The ground sign shall not exceed eighteen (18) feet in height. (c) One (1) pedestrian sign per establishment which shall not exceed six (6) square feet in sign area. (d) One (1) rear entrance wall sign per establishment which shall not exceed six (6) square feet in sign area. (e) Nonilluminated directional signs, which shall not exceed six (6) square feet each in sign area, may be installed as needed. PART B. AMENDMENT OF SECTION 3.2.730. SIGNS AUTHORIZED TEMPORARY Section 3.2.730. Authorized Temporary Signs of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinances) is hereby amended to read as follows: ...... through passages are deleted. added. -3- Underlined passages are 614 2i05 ~00~ Section 3.2.730. Authorized Temporary Signs. The following types and sizes of signs or advertising structures shall be authorized on a temporary basis, subject to the following provisions: (1) Real estate signs not requiring permits: (a) Shall be limited to one (1) sign per parcel, establishment, dwelling unit or per every five (5) acres or fraction thereof providing no more than one (1) sign per three hundred (300) feet of frontage shall be allowed on any one (1) parcel of property regardless of total acreage. (b) Shall not exceed the following maximum sign areas in square feet by zoning district and parcel size: District Parcel Size One (1) Acre or Less Greater Than One (1) Acre Agricultural, Residential (AR-l) Residential, Estate-2 (RE-2) Residential, Single-Family-2 (RS-2) Residential, Single-Family-3 (RS-3) Residential, Single-Family-4 (RS-4) Residential, Mobile Home-5 (RMH-5) Residential, Multiple-Family-il (RM-11) Residential, Multiple-Family-18 (RM-18) Commercial, Neighborhood (CN) Commercial, Office (CO) Commercial, General (CG) Commercial, Tourist (CT) Industrial, Light (IL) Industrial Heavy (IH) Industrial, Extraction (IX) Agricultural (AG) Utilities (U) Institutional (I) Recreational Vehicle Park (RVP) Planned Unit Development (PUD) Hutchinson Island Residential District (HIRD) Religious Facilities (RF) 6 16 6 16 6 16 6 16 6 16 16 16 16 16 16 16 16 16 16 16 32 32 16 16 32 32 32 32 32 32 6 32 6 32 6 32 6 16 6 16 6 16 --6 16 Struck ~..~..~ passages are deleted. added. -4- Underlined passages are (C) Shall be removed within ten (10) days after the real estate transaction is completed. (d) Shall not be illuminated. (2) Construction project signs requiring permits: (a) Shall not exceed the following maximum sign areas by zoning district: District Square Feet Agricultural, Residential (AR-I) Residential, Estate-2 (RE-2) Residential, Single-Family-2 (RS-2) Residential, Single-Family-3 (RS-3) Residential, Single-Family-4 (RS-4) Residential, Mobile Home-5 (RMH-5) Residential, Multiple-Family-il (RM-11) Residential, Multiple-Family-18 (RM-18) Commercial, Neighborhood (CN) Commercial, Office (CO) Commercial, General (CG) Commercial, Tourist (CT) Industrial, Light (IL) Industrial Heavy (IH) Industrial, Extraction (IX) Agricultural (AG) Utilities (U) Institutional (I) Recreational Vehicle Park (RVP) Planned Unit Development (PUD) Hutchinson Island Residential District (HIRD) Religious Facilities (RF) 12 12 12 12 12 32 32 32 32 32 64 32 64 64 64 64 64 32 32 32 32 (b) May contain the name of the project, the contractor, the subcontractor, the architect, the developer, the supplier, or the financial institution, and a description of the project. (c) Shall be removed prior to the issuance of certificate of occupancy. (d) Shall not be illuminated. (e) Shall be adequately constructed and securely anchored in accordance with the Standard Building Code. Struck through passages are deleted. added. Underlined passages are -5- BOOK PART C. AMENDMENT OF SECTION 3.3.122 HIRD HUTCHINSON ISLAND RESIDENTIAL DISTRICT Section 3.3.122 HIRD Hutchinson Island Residential district of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinance) is hereby amended to read as follows: Section 3.3.122. HIRD Hutchinson Island Residential District. (2) Intent of application: (a) It is the intend of the board of county commissioners that HIRD shall apply to all multifamily residential property in the unincorporated areas of North and South Hutchinson Island. (b) No application for an amendment to this ordinance shall be accepted which proposes to change the zoning classification of any land on North and South Hutchinson Island to a classification other than to Hutchinson Island Residential District (HIRD) or to Planned Unit Development (PUD); Commercial, Office (CO); Commercial, Neighborhood (CN); Commercial, General (CG); Utilities (U); or Institutional (I)v i or Religious Facilities (RF). PART D. AMENDMENT OF SECTION 3.3.123 RF RELIGIOUS FACILITIES. Section 3.3.123 RF Religious Facilities of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinances) is hereby amended to read as follows: Section 3.3.123. RF Religious Facilities. (1) Purpose. The purpose of this district is to provide and protect an environment suitable for the establishment and operation of churches, synagogues, temples, and similar uses. m~.._ .._ _,._ -~ ~ ~ ~ ~ ~o ~ ~ include ............ ~,, passages are deleted. added. -6- Underlined passages are (2) Permitted uses. (a) Churches, synagogues, temples, and similar uses. (b) Reserved. (3) Lot size requirements. Lot size requirements shall be in accordance with Table 1 in Section 3.2.400. (4) Dimensional regulations. Dimensional requirements shall be in accordance with Table 1 in Section 3.2.400. (5) Offstreet parking and loading requirements. Offstreet parking and loading requirements are sub3ect to Section 3.2.500. (6) Conditional uses. Nons p~rmittsd. (a) Child care facilities, associated and operated by the principal religious use located on that property. This would include the operation of a child care facility during the normal business week, as licensed by the State of Florida, as well as during any religious function or associated activity. (b) Educational services, associated with and operated by the principal religious use located on that property. This would include the operation of an educational facility providinq general academic and/or special training from qrades K to 12, and as licensed by the State of Florida. (7) Accessory uses. Accessory (a) Parking lots, and parking areas, related circulation elements. together with (b) Enclosed storaqe structures. (c) Playgrounds and athletic fields (no artificial lights) provided that no activity area shall be permitted within twenty-five (25) feet of th~ perimeter of the property. ...... through passages are deleted. added. -7- Underlined passages are 614 Z109 (d) Private water and sewage utility services provided that they are for the sole use of the particular private development, are not intended to be n subregional system, and do not involved industrial wastewater as defined. (e) Sinqle family dwelling (detached or as part of fha principal structure). i. Private swimminq pool accessory to the singlo family dwelling provided that the swimming pools shall be walled or fenced to prevent uncontrolled access to such swimming pool from the street or from adjacent properties. ii. Non-commercial garages accessory to the singl~ family dwellinG. (f) .Fences, walls and hedges as provided for in Section 3.2.300(3) and Section 3.2.300(5)(a). PART E. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County and adopted prior to January 1, 1969, 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 F. SEVERABILITY AND APPLICABILITY. 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, o~ .... "~ ..... ~ passages are deleted. added. -8- Underlined passages are such holding shall not affect its applicability to any other person, property, or circumstance. PART G. 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 H. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART I. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jim Minix AYE Commissioner Jack Krieger AYE PART J. CODIFICATION. The provisions of the St. Lucie County Zoning 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 that Struck ~..~..~ passages are deleted. added. -9- Underlined passages are ordinance may be renumbered or relettered to accomplish such intention, provided, however, that Parts E through J shall not be codified. ATTEST: PASSED AND DULY ADOPTED this 22nd day of November, 1988. BOARD OF COUNTY COMM~I~SIONERS ST. LUCIE COUNTY, FI~0RIDA ~ CORRE~NESS: . ~ 933308 Struck through passages are deleted. added. -10- Underlined passages are ORDINANCE NO. 88-71 AN ORDINANCE AMENDING SECTION 1-20.5-19 (ANNUAL REPORT) OF ARTICLE I (REGULATION OF WATER & SEWER UTILITIES) OF CHAPTER 1-20.5 (WATER & SEWER) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; DELETING THE REQUIREMENT THAT THE ANNUAL REPORT BE CERTIFIED BY AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 1-20.5-19 of the St. Lucie County Water & Sewer Utilities Regulatory Ordinance presently provides that each utility shall file annually with the Water & Sewer Authority a financial report of its operation in St. Lucie County during the fiscal year sworn to by the Financial Officer of the utility and certified by an independent Certified Public Accountant (CPA). 2. Certification of the annual report by an independent CPA does not provide any additional guarantees of accuracy in the utilities regulatory process and accordingly, is an unnecessary expense for the utility which will be absorbed by the utility's customers. 3. Deletion of the requirement that the annual report be certified by an independent CPA is in the best interest of the public and the regulated utilities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20.5-19 (ANNUAL REPORT) OF ARTICLE I (REGULATION OF WATER & SEWER UTILITIES) OF CHAPTER 1-20.5 (WATER & SEWER) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES. Section 1-20.5-19 is hereby amended to read as follows: Sec. 1-20.5-19. Annual Report. Each utility shall annually, within sixty (60) days of the close of its fiscal year, file with the authority a financial report of its operation in St. Lucie County during the fiscal year sworn to by the financial officer of the utility en~ adjustments in the total regulatory fee due for the year beinG reported shall be paid with submission of the annual report. Where the annual report shows that overpayments have been made by the utility, a credit for the amount of the overpayment shall be issued by the authority for the next fiscal year. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 AND APPLICABILITY. 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, °" 605 ,, ,2051 BO0~ such holding shall not affect its applicability to any other person, property, or circumstance. PART D. 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 E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART G. Chairman Jack Krieger V/ce-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Judy Culpepper Commissioner Jim Minix CODIFICATION. Aye Aye Aye Aye Aye 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 20th day of September, 1988. 605 ATTEST: ~~, ' CLERK BOARD OF COUNTY COMMISSIONERS ST. LUC~OUNTY, FLOR'IDA A~ROVED AS TO ~OR~2~D-' CORRECTNESS: 3x~4- cou Y '88 OCT-3 ~11:40~ FILt OOU[t..~ OR oo, 605 9 12G'7 ORDINANCE NO. 88-72 AN ORDINANCE AMENDING ORDINANCE NO. 88-61 WHICH AMENDED THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF ST. LUCIE BOULEVARD AND TAYLOR DAIRY ROAD DUE TO A TYPOGRAPHICAL ERROR IN THE LEGAL DESCRIPTION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On June 22, 1988, this Board adopted Ordinance No. 88-61 which amended the St. Lucie County Growth Management Policy Plan, Ordinance No. 86-01 by changing the land use designation of the property located on the Southeast corner of the intersection of St. Lucie Boulevard and Taylor Dairy Road from SU (Semi-Urban) to CG (Commercial General) and IL (Industrial Light). 2. In order to correct a typographical error in the legal description of Ordinance No. 88-61, it is necessary to amend said ordinance. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: 1. Paragraph A of Ordinance No. 88-61 is hereby amended to read as follows: A. C~ANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: -1- 606 TO CG 36-34-39, North 810.04 ft. of N.W. 1/4 of N.E. 1/4, less East 202.18 ft. of North 509.34 and less rd. r/w. TO IL 36-34-39, N.W. 1/4 of N.E. 1/4 less N. 810.04 ft., and less rd. r/w and S.W. 1/4 of N.E. 1/4 less rd. and canal r/w. (Location: On the Southeastern corner of St. Lucie Boulevard and Tyalor Dairy Road.) owned by Kioshi Groves, be, and the same is hereby changed from SU (Semi-Urban) to CG (Commercial General) and IL (Industrial Light). B. Except as amended by this ordinance, all other terms and conditions of Ordinance No. 88-61 shall remain in full force and effect. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas. D. 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. E. 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 -2- 606 ordinance. If this ordinance or any provision 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 circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph A. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, 2571 Executive Center Circle East, Tallahassee, Florida, 32301. official EFFECTIVE DATE. This ordinance acknowledgment shall take effect upon receipt of from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jim Minix AYE AYE AYE AYE -3- 606 Commissioner Judy Culpepper ABSENT PASSED. AND DULY ADOPTED this 27th day of September 1988. ATTEST: 92X267 '88 001' 10 FIL:, DOU~- ST.~ !~i :31 -4- 606 ~ai695 88-73 AN ORDINANCE AMENDING SECTIONS 4.2.200 and 4.3.200 MEMBERSHIP: APPOINTMENT, REMOVAL TERMS, VACANCIES, AND QUALIFICATIONS OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) TO PROVIDE THAT NO MEMBER OF THE PLANNING AND ZONING COMMISSION OR BOARD OF ADJUSTMENT SHALL VOTE UPON ANY MATTER IN WHICH HE HAS A PERSONAL, PRIVATE, OR PROFESSIONAL INTEREST AND WHICH INSURES TO HIS SPECIAL GAIN OR THE SPECIAL GAIN OFF ANY PRINCIPAL BY WHOM HE IS WITHOUT FIRST DISCLOSING THE NATURE HIS INTEREST IN THE MATTER; PROVIDING FOR PROVISIONS, SEVERABILITY ; PROVIDING FOR AN EFFE¢ DATE PROVIDING FOR ADOPTION AND WHEREAS, the County, Florida, has the 1. Section 112.3143 to provide that no appointed matter which inures to his gain of any principal disclosing the nature of 2. Section 286. of County of St. Lucie determinations: Statutes, was amended in 1986 lblic officer shall vote on any private gain or the special whom interest Florida is retained without first the matter. tes, provides that no member of any stat/, county, or municil governmental board, commission, or a~cy who is present at any ~ing of such body at which an of/cial decision, ruling, or other ~icial act is to be taken ~ adopted may abstain from voting in re~d to any such decis~n, ruling or act; and a vote shall be recorded or ~un~uc~hea~mbSeUrC, h~ri~es~t~p~erPst~e~L, wi~hp~~ conflict of interest under the provisions of Chapter 112. ~°~" ~,,~,,' passages are deleted. added. 1 Underlined passages are 3. Presently, Sections 4.2.200(7) and 4.3.200(7), St. Lucie County Zoning Ordinance, prohibit members of the Planning and Zoning Commission and Board of Adjustment from voting on any matter in which he has a personal, private or professional interest. 4. Sections In order to be consistent with the provisions of both 112.3143 and 286.012, Florida Statutes, Sections 4.2.200(7) and 4.3.200(7), St. Lucie County Zoning Ordinance, should be amended to provide for voting by Planning and Zoning Commission and Board of Adjustment members in conflict situations upon prior disclosure of the interest. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 4.2.200, MEMBERSHIP: APPOINTMENT, REMOVAL, TERMS, VACANCIES, AND QUALIFICATIONS OF APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES. Section 4.2.200(7) is hereby amended to read as follows: (7) No member of the Planning and Zoning Commission shall vote upon any matter in which he has a personal, private, or professional interest and which inures to his special gain or the special gain of any principal by whom he is retained without first disclosing the nature of his interest in the matter. A written memorandum indicating the nature of the conflict shall be filed with the Secretary of the Planning and Zoning Commission within fifteen (15) days after the vote occurs. Struck ~..~..~ passages are deleted. added. --2-- Underlined passages are PART B. AMENDMENT OF SECTION 4.3.200, MEMBERSHIP: APPOINTMENT, REMOVAL, TERMS, VACANCIES AND QUALIFICATIONS OF APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES Section 4.3.200(7) is hereby amended to read as follows: (7) No member of the Board of Adjustment shall vote upon any matter in which he has a personal, private, or professional interest and which inures to his special gain or the special gain of any principal by whom he is retained without first disclosing the nature of his interest in the matter. A written memorandum indicating the nature of the conflict shall be filed with the Secretary of the Board of Ad.~ustment within fifteen (15) days after the vote occurs. PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 D. SEVERABILITY AND APPLICABILITY. 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. Struck through passages are deleted. added. 3 Underlined passages are 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 receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger XX Vice-Chairman Havert L. Fenn XX Commissioner R. Dale Trefelner XX Commissioner Judy Culpepper XX Commissioner Jim Minix XX PART H. 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 renumbered or relettered to accomplish such intention; provided, however, that Parts C through H shall not be codified. PASSED AND DULY ADOPTED this day of , 1988. Struck ~..~u~..~ passages are deleted. Underlined passages are added. --4-- ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Struck through passages are deleted. added. --5-- Underlined passages are ORDINANCE NO. 88-74 AN ORDINANCE AMENDING SECTION 1-20-3(a) OF ARTICLE I OF CHAPTER 1-20 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ESTABLISHING THE POSTING OF A WEIGHT LIMIT ON SOUTH EDWARDS ROAD FROM SOUTH 25TH STREET EAST TO EDWARDS ROAD, OF NO MORE THAN SIX THOUSAND POUNDS; EXCLUDING MOTOR HOMES OR RECREATIONAL VEHICLES, DELIVERY VEHICLES, AND SCHOOL BUSES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR 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. Section 316.555, Florida Statutes, provides that the Board may prescribe weight limits lower than the limits prescribed in Chapter 316, Florida Statutes, whenever in its judgment, any road or part thereof shall, by reason of its design, deterioration, or other climatic or natural causes be liable to be damaged or destroyed by motor vehicles if the gross weight thereof shall exceed the limits established by the Board of County Commissioners. 2. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida, to establish the posting of a weight limit on South Edwards Road from South 25th Street East to Edwards Road, of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. ~°~=~" ~,,~u=~,.~ passages are deleted. added. --1-- Underlined passages are NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-3(a) OF ARTICLE I OF CHAPTER 1- 20. Section 1-20-3(a) of Article I of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-20-3. Truck weight limits established for certain roads. (a) Ail trucks having a weight in excess of the indicated weight are prohibited on the following roads or indicated portions thereof: "Beach Avenue", south and east of Oleander, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Carlton Road Extension", from the north line of Section 34, Township 36 South, Range 38 East, south to its intersection with Glades Cut-Off Road in the county, thirty-six (36) tons excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Citrus Avenue", from Midway Road South to its intersection with Seager Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Citrus Park", at Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Coral Way", truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. Struck ~**~u~**~ passages are deleted. added. --2-- Underlined passages are 700 "Deland Avenue", at Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000)' pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Ft. Pierce Boulevard", from Indrio Road to Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Juanita Avenue and Whispering Cr.", Bridge Number 940040, thirty-ton limit to be posted. "Keen Road & Belcher Canal", Bridge Number 940036;, eleven- ton limit to be posted. "Kings Highway", at Feeder Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Kirby Loop & 5 Mile Creek", Bridge Number 940067, ten-ton limit to be posted. "Lakeland Boulevard", at Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Marina Drive", truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "MCCarty Road and 10 Mile Creek", Bridge Number 940031, twelve-ton limit to be posted. "MCCarty Road and 11 Mile Creek", Bridge Number 940030, twelve-ton limit to be posted. "North 37th Street", from Avenue D to Avenue C, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "North 39th Street", from Avenue D to Orange Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. ~°~ .... ~" ~.,~u~..~ passages are deleted. added. --3-- Underlined passages are 606 "North Jenkins Road Bridge", over Canal No. 44, eight (8) tons per vehicle; twelve (12) tons per semi-trailer combination; sixteen (16) tons per truck and full trailer. "Oleander Avenue", from Virginia Avenue to Edwards Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Oleander Avenue", South of Midway Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Palomar Parkway", at Feeder Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Peterson Road Bridge", located between Sections 7 and 18, Township 35 South, Range 40 East (over North St. Lucie River Water Management District Canal 29) in the county, eight (8) tons. "Peterson Road Bridge", over 5 Mile Creek, zero (0) tons. "Prima Vista Boulevard", from Floresta Drive West, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Riomar Drive", from Prima Vista Boulevard to U. S. 1 (S.R. 5), truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Rose Lane", in the county, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Seager Avenue", East of Citrus to U. S. Highway #1, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Seneca Avenue", truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. °~ .... '- ~ ..... ~ passages are deleted. added. --4-- Underlined passages are "Shinn Road & Canal 71", Bridge Number 940027, eleven-ton limit to be posted. "South Edwards Road" from South 25th Street East to Edwards Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "South Indian River Drive", from Orange Avenue to Seaway Drive, and from Citrus Avenue to the South St. Lucie County Line, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Sunrise Boulevard", between Edwards Road and Bell Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Taylor Dairy and Belcher Canal", Bridge Number 940041, twelve-ton limit to be posted. "Taylor Dairy and Canal No. 1", Bridge Number 940043, ten- ton limit to be posted. "Winter Garden Parkway", at Feeder Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "53rd Street & Belcher Canal", Bridge Number 940068, eleven- ton limit to be posted. (b) Notice of the establishment of such weight limits shall be posted at the intersections on such roads. 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. ~°~ .... ~" ~..~.~ passages are deleted. added. --5-- Underlined passages are 606 PART C. SEVERABILITY AND APPLICABILITY. 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. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. 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 D. 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. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger AYE Vice Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Judy Culpepper ABSENT Commissioner Jim Minix AYE ~°~,~" ~,,,u~,,~ passages are deleted. added. --6-- Underlined passages are 606 I~OOK 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 renumbered or relettered to accomplish such intention; provided, however,~ that Parts B through G shall not be codified. 'PASSED AND DULY ENACTED this 27th day of September, 1-988.. ATTEST: ~ ~.~ .! -.'£ z CLERK 92 .268 '88 OOT 10 ,11:31 ST. °~ .... '- =~ ..... ~ passages are deleted. added. --7-- Underlined passages are ORDINANCE NO. 88-76 AN ORDINANCE AMENDING CHAPTER 1-7, "COURTS"; OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; BY ADDING AND CHANGING CERTAIN SERVICE CHARGES UNDER SECTION 1-7-2 CIRCUIT COURT - CIVIL DIVISION SERVICE CHARGES; SECTION 1-7-3 CIRCUIT COURT - PROBATE AND GUARDIANSHIP DIVISION SERVICE CHARGES; AND SECTION 1-7-4 COUNTY COURT CIVIL DIVISION CHARGES AND COSTS; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 28.24, 28.241 and 34.041, Florida Statutes (1987) authorizes the Board to fix service charges in excess of those charges fixed in Florida Statutes and to expend such excess in providing and maintaining facilities, including a law library or to provide or maintain a legal aid program. 2. Due to the changes of court fees by the 1988 Florida Legislative Session which increases the charges for services rendered by the Clerk of the Circuit Court effective October 1, 1988, it is necessary to amend Ordinance No. 87-62 to increase existing service charges. 3. The increase in service charges will benefit the health, safety and welfare of the citizens of St. Lucie County by providing additional funding of the court. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Struck through passages are deleted. added. 1 Underlined passages are 606 , 1706 PART A. AMENDMENT OF SECTION 1-?-2. CIRCUIT COURT - CIVIL DIVISION SERVICE CHARGES. Section 1-7-2. Circuit Court - Civil Division Service Charges. The party instituting any civil action, suit or proceeding in the circuit court shall pay to the clerk of the court service charges as follows: (a) For filing all civil actions (over five thousand dollars (SS,000.00)): *Clerk's service charge ................. Legal aid ............................... Law library ............................. State civil action fees .......... ~ ~ =n Court facility charge ................... State court education trust fund ..$ 1.00 $ 40.00 -- 0 -- $ 10.00 S 3.O0 S 20.00 $ 1.50 Total $ 74.50 *This service charge is for up to and including five (5) defendants. If there are more than five (5) defendants, there is an additional charge of two dollars ($2.00) for each additional defendant. (b) Additional charge for proceeding of garnishment, attachment, replevin, and distress ............................ $ 35.00 ~, (c) For filing petition for annulment: dissolution of marriage or Clerk's service charge .................. Legal aid ............................... Law library ............................. State civil action fees .......... ~ ~ Court facility charge ................... HRS Fee ................................. State court education trust fund ~ I An Filing of Final Judgment of Dissolution of Marriage service charge ............... $ 40.00 -- 0 -- $ 10.00 $ 3.00 S 20.00 $ 5.00 S 1.50 $ 7.00 Total ............................. ~o =~ ~ ..... $ 86.50 ~ (d) For filing notice of appeal: Service charge to district court of appeal .............................. $100.00 Struck through passages are deleted. added. 2 Underlined passages are be Service charge to clerk of the circuit court . ~=. nn $ 75.00 Ce Certified copy of notice of appeal for district court .................. $ 2.00 PART B. AMENDMENT OF SECTION 1-7-3. CIRCUIT COURT - PROBATE AND GUARDIANSHIP DIVISION SERVICE CHARGES. Section 1-7-3. Circuit Court - Probate and Guardianship Division Service Charges. The service charges of the clerk of the circuit court for filing probate and guardianship cases are as follows: (a) For the opening of any estate of one document or more, including but not limited to petitions and orders to approve settlement of minor's claims; to open a safe deposit box; to enter rooms and places; for the determination of heirs if not formal administration and for a foreign guardian to manage property of a nonresident, but not to include issuance of letters or order of summary and family administration: Clerk's service charge ................... $ 20.00 Legal aid ................................ - 0 - Law library .............................. $ 10.00 Court facility charge .................... $ 5.00 Total .................................... $ 35.00 (b) Caveat: Clerk's service charge ................... $ 15.00 Legal aid ................................ - 0 - Law library .............................. $ 10.00 Court facility charge .................... $ 5.00 Total .................................... $ 30.00 ...... through passages are deleted. added. --3-- Underlined passages are 606 (c) (d) (e) Petition and order to admit foreign wills, authenticated copies, exemplified copies or transcripts to record: Clerk's service charge ................... $ 30.00 Legal aid - 0 - Law library .............................. $ 10.00 Court facility charge .................... $ 5.00 Total .................................... $ 45.00 For disposition administration: of personal property without Clerk's service charge ................... $ 20.00 Legal aid ................................ - 0 - Law library .............................. $ 2.00 Court facility charge .................... $ 3.00 Total .................................... $ 25.00 Summary administration: Clerk's service charge ................... $ 35.00 Legal aid ................................ - 0 - Law library .............................. $ 10.00 Court facility charge .................... $ 5.00 Total .................................... $ 50.00 (f) Family administration: (g) Clerk's service charge ................... $ 45.00 Legal aid - 0 - Law library .............................. $ 10.00 Court facility charge .................... $ 5.00 Total .................................... $ 60.00 Formal administration guardianship, curatorship or conservatorship proceedings: ancillary, Clerk's service charge ................... $ 75.00 Legal aid - 0 - Law library .............................. $ 10.00 Court facility charge ~ ~ ~ ............. ..... $ 5.00 Total ............................. $ 95.00 $ 90.00 ..... passages added. are deleted. --4-- Underlined passages are 606 (h) Guardianship proceedings of person only: Clerk's service charge ................... $ 25.00 Legal aid ................................ - 0 - Law library .............................. $ 10.00 Court facility charge .................... $ 5.00 Total .................................... $ 40.00 (i) Veteran administration guardianship pursuant to Chapter 744, Florida Statutes: Clerk's service charge ................... $ 25.00 (j) Exemplified certificates: Clerk's service charge ................... $ 4.00 Cover sheet .............................. $ 1.00 Total .................................... $ 5.00 (k) Petition for determination of incompetency: Clerk's service charge ................... $ 25.00 Legal aid ................................ - 0 - Law library .............................. $ 10.00 Court facility charge .................... $ 5.00 Total .................................... $ 40.00 PART C. AMENDMENT OF SECTION 1-7-4. CHARGES AND COSTS. COUNTY COURT CIVIL DIVISION Section 1-7-4. County Court Civil Division Charges and Costs. Upon the institution of any civil action or proceeding in county court, the plaintiff, when filing his action or proceeding shall pay the following service charges: (a) Claims of less than one hundred dollars 8100.00): Filing fee ............................... $ 10.00 Legal aid ................................ - 0 - Court facility ........................... $ 2.00 Law library .............................. $ 2.00 Court education trust ............. $ 1.00 $ 1.50 Total ............................. $ 15.00 $ 15.50 ...... through passages are deleted. added. --5-- Underlined passages are (b) Claims of one hundred dollars (8100.00) or more but less than two thousand five hundred dollars (82,500.00): Filing fee ............................... 8 25.00 Legal aid - 0 - Court facility ........................... 8 7.00 Law library .......................... - 8 2.00 Court education ~r~st ........... '.$ i 06 $ 1.50 Total ~o= n~ .............................. ~ ..... $ 35.50 (c) Claims of more than two thousand five hundred dollars (S2,500.00): Filing fee ............................... 8 35.00 Legal aid - 0 - Court facility ........................... 8 12.00 Law library .............................. 8 2.00 Court education trust ~ inn ............. ~ .vv $ 1.50 Total ~=~ mn .............................. ~ ..... $ 50.50 (d) Removal of tenant (eviction): Filing fee ............................... 8 35.00 Legal aid - 0 - Court facility ........................... 8 4.00 Law library .............................. 8 5.00 Court education trust ............. $ 1.00 $ 1.50 Total ~A= ~ .............................. ~ ..... 8 45.50 (e) Additional charge for proceeding of garnishment, attachment, replevin and distress ............................. $ 35.00 (f) Notice of appeal (two (2) separate payments)*: Filing notice of inferior court, county court ~5 00 $ 50.00 Filing notice to higher court, circuit court ...... ~=m $ ................ ~v.00 75.00 *These charges do not include service charge for certified copy of notice of appeal to the circuit court. °~ .... "~ ..... ~ passages are deleted. added. --6-- Underlined passages are oo 606 PART D. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 E. SEVERABILITY AND APPLICABILITY. 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 F. 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 G. EFFECTIVE DATE. This ordinance shall take effect on October 1, 1988. PART H. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Jack Krieger AYE Vice Chairman Havert L. Fenn AYE S%ruck through passages are deleted. added. --7-- Underlined passages are oo 606 Commissioner R. Dale Trefelner Commissioner Jim Minix AYE Commissioner Judy Culpepper AYE PART I. CODIFICATION. ABSENT 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 renumbered or relettered to accomplish such intention; provided, ATTEST: however, that Parts D through I shall not be codified. / P~S~ED.. AND DULY ENACTED this 27TH day of SEPTEMBER, 1988. BOARD OF COUNTY COMMISSION~RIS ST. LUCIE COUNTY, FLORIDA APPROVED AIS TO FORN ANI'~.t - '88 O~TIO /~1:33 n~ Fi~ L]OL' ~ Struck through passages are deleted. added. 8 Underlined passages are 606 ! 7 Z 3 ORDINANCE NO. 88-79 AN ORDINANCE AMENDING SECTION 1-2-21 of ARTICLE III (CODE ENFORCEMENT BOARD) OF CHAPTER 1-2 (ADMINISTRATION) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; PROVIDING THAT EACH ONE OF THE COUNTY COMMISSIONERS SHALL INDIVIDUALLY APPOINT A MEMBER OF THE CODE ENFORCEMENT BOARD; PROVIDING THAT THE REMAINING TWO MEMBERS SHALL BE COLLECTIVELY APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING THAT MEMBERS APPOINTED COLLECTIVELY BY THE BOARD OF COUNTY COMMISSIONERS SHALL NOT SERVE MORE THAN TWO CONSECUTIVE FULL THREE YEAR TERMS; PROVIDING THAT MEMBERS INDIVIDUALLY APPOINTED BY ONE COUNTY COMMISSIONER MAY SERVE MORE THAN TWO CONSECUTIVE TERMS; PROVIDING THAT WHEN A COUNTY COMMISSIONER LEAVES HIS OFFICE HIS SUCCESSOR MAY REPLACE THE MEMBER APPOINTED BY HIS PREDECESSOR; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. Section 162.05(2), Florida Statutes, was amended in 1987 to delete the limitation on the number of terms a Code Enforcement Board member could serve. 2. It is in the best interest of the citizens of St. Lucie County that Section 1-2-21(b) of the Code of Ordinances be amended to be consistent with Section 162.05(2), Florida Statutes. ............ ~,, passages are deleted. added. --1-- Underlined passages are oo 609 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-2-21 of ARTICLE III (CODE ENFORCEMENT BOARD) OF CHAPTER 1-2 (ADMINISTRATION) Section 1-2-21 of the Code of Ordinances is hereby amended to read as follows: Section 1-2-21. Organization. (a) Composition; qualification of members. The board of county commissioners shall appoint, by resolution, a seven-member code enforcement board. Members of the enforcement board shall be residents of St. Lucie County. Appointments shall be made in accordance with applicable laws and ordinances, on the basis of experience and interest in the fields of zoning and building control. The membership of the enforcement board shall, whenever possible, include an architect, a businessman, an engineer, a general contractor, a subcontractor, and a realtor. (b) Appointment of members; terms; vacancies; failure to attend meetings. The initial appointments to the enforcement board shall be as follows: (1) Two (2) members shall be appointed for terms of one (1) year. (2) Three (3) members shall be appointed for terms of two (2) years. (3) Two (2) members shall be appointed for terms of three (3) years. Thereafter, all appointments shall be made for terms of three (3) years. Each one of the five (5) county commissioners shall individually appoint one member of the enforcement board. ...... through passages are deleted. added. --2-- Underlined passages are 609 The board of county commissioners shall collectively appoint the other two (2) members of the enforcement board. Enforcement board members collectively appointed by the board of county commissioners shall not serve more than two (2) consecutive full three year terms. Enforcement board members individually appointed by one (1) county commissioner may serve more than two (2) consecutive terms. However, when a county commissioner leaves office, his successor may replace the member appointed by his predecessor with an individual of his choosing who shall complete the unexpired term of the replaced member. At the completion of the unexpired term, the county commissioner shall determine whether to reappoint the individual or replace him with another individual of his choosing. A _A_~ ...... ~ ....... ~_~A~ comm~ssloner3. Appointments to fill any vacancy on the enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two (2) of three (3) successive meetings without cause and without prior approval of the chairman, the enforcement board shall declare the member's office o~,,~ ......... v~,,~. Any member of the enforcement board may be removed for cause by the board of county commissioners at any time, provided however, that before such removal such member shall be provided written charges and given an opportunity to appear in his defense at a public meeting. Upon removal of a member or Struck through passages are deleted. added. --3-- Underlined passages are oo §09 vacancy created upon a member's resignation or declaration of the enforcement board, the board of county commissioners shall promptly fill the vacancy if the member was one of the two (2) aDpointed collectively by the board of county commissioners. If the member was individually aDpointed by one (1) county commissioner that commissioner shall promptly fill the vacancy. (c) Chairman; quorum; compensation; per diem expenses. The members of the enforcement board shall elect a chairman, who shall be a voting member, from among the members of the board. The presence of four (4) or more members shall constitute a quorum of the enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the board of county commissioners. (d) Counsel. commissioners shall The attorney for the board of county present cases before the enforcement board. Private counsel shall be retained to represent the enforcement board. PART B. RESOLUTION DESIGNATING MEMBERS INDIVIDUALLY APPOINTED BY ONE COUNTY COMMISSIONER AND THOSE COLLECTIVELY APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS AND ESTABLISHING THE TERMS OF ALL MEMBERS Upon the adoption of this ordinance, the Board of County Commissioner shall be resolution designate those members of the enforcement board individually appointed by one county commissioner and those members collectively appointed by the board of county commissioners and shall establish the terms of all members. ...... through passages are deleted. added. --4-- Underlined passages are °" 609 ~OOK PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinance and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. 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. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated areas of St. Lucie County. PART F. 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 G. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. ............ ~,, passages are deleted. added. --5-- Underlined passages are 609 ~OOK PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger Aye Vice-Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Judy Culpepper Aye Commissioner Jim Minix Aye PART I. 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 renumbered or relettered to accomplish such intention; provided, however, that Parts C through I shall not be codified. PASSED AND DULY ADOPTED this 25th day of October, 1988. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA / C~Z~MaN :;'::' AS TO FOR.~AND APPROVED CORRECTNESS: 09256 0 '88 NOV-] A10:39~ F I L f: ._ DOU~ z'~,' ,. SI ...... through passages are deleted. added. -6- //? / ASSISTANT COUNTY AT~ORNEY Underlined passages are 609 P 1906 ORDINANCE NO. 88-80 AN ORDINANCE AMENDING SECTIONS 4.2.200 AND 4.3.200 OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A, ST. LUCIE COUNTY CODE OF ORDINANCES); EXTENDING THE TERMS OF THE PLANNING AND ZONING COMMISSION AND THE BOARD OF ADJUSTMENT FROM THREE YEARS TO FOUR YEARS; PROVIDING THAT DUE TO THE NEED TO STAGGER TERMS TO GUARANTEE CONTINUITY, THE INITIAL TERMS OF SOME MEMBERS MAY BE LESS THAN FOUR YEARS; PROVIDING THAT EACH ONE OF THE COUNTY COMMISSIONERS SHALL INDIVIDUALLY APPOINT A MEMBER OF THE PLANNING AND ZONING COMMISSION AND THE BOARD OF ADJUSTMENT WHOSE TERM SHALL COINCIDE WITH THE TERM OF THE COMMISSIONER WHO APPOINTED THAT MEMBER; PROVIDING THAT THE REMAINING FOUR MEMBERS OF THE PLANNING AND ZONING COMMISSION SHALL BE COLLECTIVELY APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING THAT MEMBERS COLLECTIVELY APPOINTED'BY THE BOARD OF COUNTY COMMISSIONERS SHALL NOT SERVE MORE THAN TWO CONSECUTIVE FULL FOUR YEAR TERMS; PROVIDING THAT MEMBERS INDIVIDUALLY APPOINTED BY ONE COUNTY COMMISSIONER MAY SERVE MORE THAN TWO CONSECUTIVE FULL FOUR YEAR TERMS; PROVIDING THAT UPON ADOPTION OF THIS ORDINANCE THE BOARD OF COUNTY COMMISSIONERS SHALL BY RESOLUTION DESIGNATE THOSE MEMBERS OF THE PLANNING AND ZONING COMMISSION INDIVIDUALLY APPOINTED BY ONE COUNTY COMMISSIONER AND THOSE MEMBERS COLLECTIVELY APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS AND ESTABLISH THE TERMS OF ALL PLANNING AND ZONING COMMISSION AND BOARD OF ADJUSTMENT MEMBERS IN COMPLIANCE WITH THIS ORDINANCE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Presently, the members of Planning and Zoning Commission and the Board of Ad3ustment are appointed for three year terms and no member may serve more than two consecutive terms. ...... ~,, passages are deleted. added. -1- Underlined passages are 2. It is in the best interest of the citizens of St. Lucie County to: extend the terms of members of the Planning and Zoning Commission and Board of Adjustment to four year terms; provide that each one of the County Commissioners shall individually appoint a member of the Planning and Zoning Commission and Board of Ad3ustment whose term shall coincide with the Commissioner who appointed that member; provide that the remaining four members of the Planning and Zoning Commission shall be collectively appointed by the Board of County Commissioners; provide that those members collectively appointed by the Board of County Commissioners shall not serve more than two consecutive full four year terms; and provide that those members individually appointed by one County Commissioner may serve more than two consecutive full four year terms. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 4.2.200 MEMBERSHIP: APPOINTMENT, REMOVAL, TERMS, VACANCIES, AND QUALIFICATIONS OF APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES Section 4.2.200 is hereby amended to read as follows: Section 4.2.200 (1) (2) Membership: Appointment, Removal, Vacancies, and Qualification~ Terms, The Planning and Zoning Commission shall be composed of not less than five (5) nor more than nine (9) members, who shall be appointed by the Board of County Commissioners. All members of the Planning and Zoning Commission shall be registered voters and residents of St. Lucie County for at lease two (2) years preceding appointment. Struck ~ ..... ~ ...... ~,. passages are deleted. added. -2- Underlined passages are 617 (3) Members of the Planning and Zoning Commission shall be appointed serve for a term of four (4) ~ years without compensation, but may receive travel and other necessary expenses while on official business of the Planning and Zoning Commission outside St. Lucie County. Due to the need to stagger terms to guarantee continuity on the PlanninG and Zoning Commission, the initial terms of some members may be less than four (4) years. (4) Each one of the five (5) County Commissioners shall individually appoint one member of the Planning and Zoning Commission whose term shall coincide with the term of the Commissioner who appointed that member. The Board of County Commissioners shall collectively appoint the other four (4) members whose initial terms shall be established by resolution of the Board of County Commissioners. Members collectively appointed by the Board of County Commissioners shall not serve more than two consecutive full four year terms. Members individually appointed by one County Commissioner may serve more than two consecutive full four year terms. Even though a collectively appointed member's term expires less than four years from the effective date of this ordinance, a collectively appointed member who has served eight (8) consecutive years or more on the Planning and Zoning Commission shall not be eligible for reappointment to another consecutive term. However, a collectively appointed member who has served eight (8) consecutive years or more may be appointed to a subsequent term beginning one or more years after the expiration date of thc previous term. (5) Absence from two (2) consecutive meetings of the Planning and Zoning Commission shall vacate the seat of that member unless such absence is excused by the Planning and Zoning Commission or the Chairman of the Planning and Zoning Commission. If a majority of the Planning and Zoning Commission members disagree with the Chairman's decision on this matter, they may overrule it. Such excuse must be duly entered upon the minutes m~_ ~___~ _= ~. ~ ~___~__~ ..... ~ ~ ....- - ill ..... provision ~ - ..... ~ ~- ~ ~ --~ s t (i) (6) Any member of the Planning and Zoning Commission may be removed for cause by the Board of County Commissioners Struck ~ ..... ~ ...... ~,, passages are deleted. added. -3- Underlined passages are 617 ~OOK at any time, provided, however, that before such removal such member shall be provided written charges and given an opportunity to appear in his defense at a public meeting, m~ ..... -~ A~ ~ .... 4- ..... ..__: ..... (7) In the case of a vacancy created under 4.2.200(5), 4.2.200(6), or upon the resiqnation of a member, the Board of County Commissioners shall collectively appoint the member to fill the vacancy, if the member was one of four collectively appointed by the Board. If the member was individually appointed by one County Commissioner, that Commissioner shall fill the vacancy. Appointments to fill any vacancy shall be for the remainder of the unexpired term. (7)(8) No member of the Planning and Zoning Commission shall note upon any matter in which he has a personal, private, or professional interest and which inures to his special gain or the special gain of any principal by whom he is retained. No member of the Planning and Zoning Commission shall appear for or represent any person in any matter before the Planning and Zoning Commission other than himself. PART B. AMENDMENT OF SECTION 4.3.200 MEMBERSHIP: APPOINTMENT, REMOVAL, TERMS, VACANCY, AND QUALIFICATIONS Section 4.3.200 is hereby amended to read as follows: Section 4.3.200 Membership: Appointment, Removal, Vacancies, and Qualifications Terms, (1) The Board of Adjustment shall be composed of five (5) members. 4-- ~ ..... "-~-~ ~" 4-~ .... .... ~ .......... f .....~=~..- - -~ E~=~ d~- = County .................. d~ot~- -~-~t. Each one of the five (5) County Commissioners shall individually appoint member whose term shall coincide with the term of tha (2) (3) Commissioner who appointed that member. Ail members of the Board of Adjustment shall be registered voters and residents of St. Lucie County for at least two (2) years preceding appointment. A-i-~ Members shall be appointed for se~=ve a term of four (4) {9~e---68~ years without compensation, but may receive travel and other necessary expenses while on ~ruc& through passages are deleted. added. -4- Underlined passages are 625 official business of the Board of Adjustment outside St. Lucie County. Due to the fact that the terms of members coincide with the term of the County Commissioners appointinq that member, the initial terms of some members may be less than four (4) years. (4) No Members of the Board of Adjustment may shall serve more than two (2) consecutive full four year terms. (5) Absence from two (2) consecutive meetings of the Board of Adjustment shall vacate the seat of that member unless such absence is excused by the Board of Adjustment or the Chairman of the Board of Adjustment . If a majority of the Board of Adjustment members disagree with the Chairman's decision on this matter, they may overrule it. Such excuse must be duly entered upon the minutes Th~ D~d~- ~ ~----~-- ~---~--~ ...... shall f~ll ~ ..... .... vacancy (6) Any member of the Board of Adjustment may be removed for cause by the Board of County Commissioners at any time, provided, however, that before such removal such member shall be provided written charges and given an opportunity to appear in his defense at a public meeting Th~ Doard ~ ~ .... ~-- ~--~-~ ..... · ......... ~ .................. shall f~ll (7) In the case of a vacancy created under 4.3.200(5). 4.3.200(6), or upon the resignation of a member, the County Commissioner who initially appointed that member shall fill the vacancy. Appointments to fill any vacancy shall be for the remainder of the unexpired term. (7)(8) No member of the Board of Adjustment shall note upon any matter in which he has a personal, private, or professional interest and which inures to his special gain or the special gain of any principal by whom he is retained. (8)(9) No member of the Board of Adjustment shall appear for or represent any person in any matter before the Board of Adjustment other than himself. PART C. RESOLUTION DESIGNATING THOSE PLANNING AND ZONING MEMBERS INDIVIDUALLY APPOINTED BY ONE COUNTY COMMISSIONER AND THOSE COLLECTIVELY APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS AND ESTABLISHING THE Struck ...... ~,, passages are deleted. added. -5- Underlined passages are BOOK INITIAL TERMS OF ALL PLANNING AND ZONING COMMISSION AND BOARD OF ADJUSTMENT MEMBERS Upon the adoption of this ordinance, the Board of County Commissioner shall be resolution designate those members of the Planning and Zoning Commission individually appointed by one County Commissioner and those members collectively appointed by the Board of County Commissioners and shall establish the initial terms for all Planning and Zoning Commission and Board of Adjustment members. PART D. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinance and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART E. SEVERABILIT¥ AND APPLICABILITY. 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 F. 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 Struck ~.,-~,,~ passages are deleted. added. -6- Underlined passages are 817 627 BO0~ Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART G. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PART I. 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 renumbered or relettered to accomplish such intention; provided, however, that Parts D through I shall not be codified. I~OOK Struck through passages are deleted. added. -7- Underline__~d passages are ~ ~PASSED AND DULY ADOPTED this 6th day,of . .j~,,~ BOARD OF ~OUNTY ST. LUCIE BY- APPROVED AS~TO CORRECTNESS% ASSISTANT RNEY ~oo~°~ 6i7 ~ 629 Struck ~ ..... ~ ...... w.. passages are deleted. added. -8- Underlined passages are 933309 ORDINANCE NO. 88-81 AN ORDINANCE AMENDING SECTION 1-20-17 OF DIVISION i OF ARTICLE II OF CHAPTER 1-20 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY PROHIBITING PARKING ON ARNOLD ROAD THE ENTIRE LENGTH OF THE RIGHT OF WAY FROM SOUTH 35TH STREET WEST TO SOUTH 39TH STREET AND FURTHER PROHIBITING PARKING ON SOUTH 36TH STREET THE ENTIRE LENGTH OF THE RIGHT OF WAY FROM VIRGINIA AVENUE SOUTH TO ARNOLD ROAD; DIRECTING THE COUNTY ROAD AND BRIDGE DIRECTOR TO POST NO PARKING SIGNS ALONG THE ABOVE DESCRIBED ROADS; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR 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. Section 125.01(1)(m) and Section 316.08, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. It is in the best interests of the health, safety, and welfare of the citizens of St. Lucie County to prohibit parking on Arnold Road, the entire length of the right of way from South 35th Street West to South 39th Street and further prohibiting parking on South 36th Street the entire length of the right of way from Virginia Avenue South to Arnold Road. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION I (GENERALLY) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC). ...... through passages are deleted. added. -1- Underlined passages are Section 1-20-17 of Division I of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: (a) The term "parking" as used herein means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaging in loading or unloading merchandise or passengers as may be permitted by law. (b) The parking of motor vehicles, except in cases of emergency, is hereby prohibited on the right-of-way of the following roads or streets, or indicated portions thereof, at all times unless otherwise indicated: "Angle Road," within three hundred (300) feet of its intersection with Avenue D. "Angle Road," within three hundred (300) feet of its intersection with Avenue Q. "Arnold Road," the entire length of the right-of-way, from South 35th Street West to South 39th Street. "Atlantic Beach Boulevard," the entire length of the right-of-way, from Royal Palm Way to its end, North Jetty. "Avenue D," within three hundred (300) feet of its intersection with Angle Road. "Avenue Q," within two hundred (200) feet of its intersection with Angle Road. "Banyon Road," the entire length of the right of way, from North Ocean Drive to Oak Drive. "Edwards Road," from Will Fee Road west to Maravilla Boulevard, between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday. "Flamingo Boulevard," the entire length of the right- of-way. "Glades Cut-Off Road," 500 feet on either side of the landfill entrance and on both sides of Glades Cut-Off Road. ...... through passages are deleted. added. --2-- Underlined passages are (c) (d) PART B. "Jenkins Road," within five hundred (500) feet of its intersection with Orange Avenue (SR 68). "Midway Road," (South side), within three hundred (300) feet of its intersection with 25th Street. "North Ocean Drive," the entire length of the right-of- way, from Banyon Road to Royal Palm Way. "Oak Drive," the entire length of the right-of-way. "Osceola Boulevard," the entire length of the right-of- way, from North Ocean Drive to Atlantic Beach Boulevard. "Royal Palm Way," the entire length of the right-of- way, from North Ocean Drive to Atlantic Beach Boulevard. "Seminole Boulevard," the entire length of the right- of-way, from North Ocean Drive to Oak Drive. "South 33rd Street (West side), the entire length of the right-of-way from Peterson Road to Whiteway Dairy Road. "South 36th Street," the entire length of the right-of- way from Virginia Avenue south to Arnold Road. "Tamarind Drive," the entire length of the right-of- way, from Royal Palm Way to Flamingo Boulevard. "Will Fee Road," between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. "50th Street," within two hundred (200) feet of its intersection with Angle Road. The road superintendent of the county is directed to erect the necessary signs on the roads and streets, or portions thereof, covered by this section to advise the public that parking is prohibited at all times or during certain times, as provided in this section. Penalties for violation of this section shall be in accordance with State law. DIRECTING THE PLACEMENT OF "NO PARKING" SIGNS ALONG THE ABOVE DESCRIBED RIGHT-OF-WAY Struck through passages are deleted. added. -3- Underlined passages are 614 BOOK The County Road Superintendent is hereby directed to post "No Parking" signs along the above described right-of-way. PART C. 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 D. SEVERABILITY AND APPLICABILITY. 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. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. 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 on December 1, 1988. PART G. ADOPTION. ~°~" ~.,~--~ passages are deleted. added. -4- Underlined passages are BOOK After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger ABSENT Vice-Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Judy Culpepper AYE Commissioner Jim Minix AYE PART H. 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ADOPTED this 15th day of November, 1988. · , BOARD OF COUNTY COMM,IS~IONERE ATTEST: . ST. LUCIE COUNTY, FLORIDA CLERK ~ D AS TO ~. _. ~ APPROV~ FORM A~D CORRE~TN~S: / ) 933309~-~ '~8 ~ l~ ~I:~/ Struck ~ ..... ~ passages are deleted added. -5- Underlined passages are 938787 ORDIN/hNCE NO. 88-82 AN ORDINANCE AMENDING SECTION 1-20-17 OF DIVISION 1 OF ARTICLE II OF CHAPTER 1-20 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY PROHIBITING PARKING ON WEST 2ND STREET (NORTHSIDE OF ROADWAY) FROM ELM AVENUE EAST TO OLEANDER BOULEVARD MONDAY THROUGH FRIDAY BETWEEN THE HOURS OF 7:00 A.M. AND 4:00 P.M. ONLY; AND FURTHER PROHIBITING PARKING ON WEST 2ND STREET THE ENTIRE LENGTH OF THE RIGHT-OF-WAY FROM ELM AVENUE WEST TO CYPRESS STREET MONDAY THROUGH FRIDAY BETWEEN THE HOURS OF 7:00 A.M. AND 4:00 P.M. ONLY; AND FURTHER PROHIBITING PARKING ON ELM AVENUE THE ENTIRE LENGTH OF THE RIGHT-OF-WAY FROM WEST 1ST STREET SOUTH TO WEST 2ND STREET MONDAY THROUGH FRIDAY BETWEEN THE HOURS OF 7:00 A.M. AND 4:00 P.M. ONLY; AND FURTHER PROHIBITING PARKING ON OLEANDER BOULEVARD (EAST SIDE OF ROADWAY)~FROM WEST 1ST STREET TO JUST SOUTH OF THE WHITE CITY SCHOOL PROPERTY MONDAY THROUGH FRIDAY BETWEEN THE HOURS OF 7:00 A.M. AND 4:00 P.M. ONLY; DIRECTING THE COUNTY ROAD AND BRIDGE DIRECTOR TO POST NO PARKING SIGNS ALONG THE ABOVE DESCRIBED ROADS; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR 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. Section 125.01(1)(m) and Section 316.08, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. It is in the best interests of the health, safety, and welfare of the citizens of St. Lucie County to prohibit parking on West 2nd Street (Northside of roadway) from Elm Avenue east to Oleander Boulevard Monday through Friday between the hours of 7:00 a.m. and 4:00 p.m. only; and further prohibiting parking on ...... through passages are deleted. added. -1- Underlined passages are oo 618 West 2nd Street the entire length of the right-of-way from Elm Avenue west to Cypress Street Monday through Friday between the hours of 7:00 a.m. and 4:00 p.m. only; and further prohibiting parking on Elm Avenue the entire length of the right-of-way from West 1st Street south to West 2nd Street Monday through Friday between the hours of 7:00 a.m. and 4:00 p.m. only; and further prohibiting parking on Oleander Boulevard (East side of roadway) from West 1st Street to 3ust south of the White City School property Monday through Friday between the hours of 7:00 a.m. and 4:00 p.m. only. NOW, TMEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION I (GENERALLY) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC). Section 1-20-17 of Division I of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: (a) The term "parking" as used herein means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaging in loading or unloading merchandise or passengers as may be permitted by law. (b) The parking of motor vehicles, except in cases of emergency, is hereby prohibited on the right-of-way of the following roads or streets, or indicated portions thereof, at all times unless otherwise indicated: "Angle Road," within three (300) feet of its intersection with Avenue D. "Angle Road," within three hundred (300) feet of its intersection with Avenue Q. ~°~'- ~,~u~,,~ passages are deleted. added. 2 Underlined passages are BOOK "Atlantic Beach Boulevard," the entire length of the right-of-way, from Royal Palm Way to its end, North Jetty. "Avenue D," within three hundred (300) feet of its intersection with Angle Road. "Avenue Q," within two hundred (200) intersection with Angle Road. feet of its "Banyon Road," the entire length of the right of way, from North Ocean Drive to Oak Drive. "Edwards Road," from Will Fee Road west to Maravilla Boulevard, between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday. "Elm Avenue," the entire length of the right-of-way from West 1st Street south to West 2nd Street Monday throuqh Friday between the hours of 7:00 a.m. and 4:00 p.m. only. "Flamingo Boulevard," the entire length of the right- of-way. "Glades Cut-Off Road," 500 feet on either side of the landfill entrance and on both sides of Glades Cut-Off Road. "Jenkins Road," within five hundred (500) feet of its intersection with Orange Avenue (SR 68). "Midway Road," (South side), within three hundred (300) feet of its intersection with 25th Street. "North Ocean Drive," the entire length of the right-of- way, from Banyon Road to Royal Palm Way. "Oak Drive," the entire length of the right-of-way. "Oleander Avenue," (East side of roadway) from West 1st Street to just south of the White City School property Monday through Friday between the hours of 7:00 a.m. and 4:00 p.m. only. "Osceola Boulevard," the entire length of the right-of- way, from North Ocean Drive to Atlantic Beach Boulevard. Struck ~**~.~ passages are deleted. added. --3-- Underlined passages are "Royal Palm Way," the entire length of the right-of- way, from North Ocean Drive to Atlantic Beach Boulevard. "Seminole Boulevard," the entire length of the right- of-way, from North Ocean Drive to Oak Drive. "South 33rd Street (West side), the entire length of the right-of-way from Peterson Road to Whiteway Dairy Road. "Tamarind Drive," the entire length of the right-of- way, from Royal Palm Way to Flamingo Boulevard. "West 2nd Street," (Northside of roadway) from Elm Avenue east to Oleander Boulevard Monday through Friday between the hours of 7:00 a.m. and 4:00 p.m. only. "West 2nd Street," the entire length of the riGht-of way, from Elm Avenue west to Cypress Street Monday through Friday between the hours of 7:00 a.m. and 4:00 p.m. only. "Will Fee Road," between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. "50th Street," within two hundred (200) feet of its intersection with Angle Road. (c) The road superintendent of the county is directed to erect the necessary signs on the roads and streets, or portions thereof, covered by this section to advise the public that parking is prohibited at all times or during certain times, as provided in this section. (d) Penalties for violation of this section shall be in accordance with State law. PART B. DIRECTING THE PLACEMENT OF "NO PARKING" SIGNS ALONG THE ABOVE DESCRIBED RIGHT-OF-WAY The County Road Superintendent is hereby directed to post "No Parking" signs along the above described right-of-way. PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and Struck through passages are deleted. added. --4-- Underlined passages are County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. 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. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. 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 receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Struck ~ ..... ~ passages are deleted added. --5-- Underlined passages are BOOK Vice-Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jim Minix AYE Commissioner Jack Krieger ABSENT PART H. 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ADOPTED this 13th day of December, 1988. ATTEST: soAs~ or COMTE ST. LUCXE CO~T¥, APPRO~D AS TO FORM~ COR~CTN~SS: " '89 J,r:.',!l -9 P12:01 L,L:J; .j Struck ~ ..... ~ passages are deleted. added. --6-- Underlined passages are o 818 BOOK 938?88 ORDINANCE NO. 88-87 AN ORDINANCE AMENDING SECTION 1-20-17 OF DIVISION 1 OF ARTICLE II OF CHAPTER 1-20 OF THE CODE OF 'ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY PROHIBITING PARKING ON ANGLE ROAD WITHIN THREE HUNDRED (300) FEET ON EITHER SIDE OF THE ENTRANCE TO WESTW00D HIGH SCHOOL; DIRECTING THE COUNTY ROAD AND BRIDGE DIRECTOR TO POST NO PARKING SIGNS ALONG THE ABOVE DESCRIBED ROADS; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR 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. Section 125.01(1)(m) and Section 316.08, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. It is in the best interests of the health, safety, and welfare of the citizens of St. Lucie County to prohibit parking on Angle Road within three hundred (300) feet on either side of the entrance to Westwood High School. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION I (GENERALLY) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC). Section 1-20-17 of Division I of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: (a) The term "parking" as used herein means the standing of a vehicle, whether occupied or not, otherwise than ...... through passages are deleted. added. -1- Underlined passages are (b) temporarily for the purpose of and while actually engaging in loading or unloading merchandise or passengers as may be permitted by law. The parking of motor vehicles, except in cases of emergency, is hereby prohibited on the right-of-way of the following roads or streets, or indicated portions thereof, at all times unless otherwise indicated: "Angle Road," within three hundred (300) feet of its intersection with Avenue D. "Angle Road," within three hundred (300) feet of its intersection with Avenue Q. "Angle Road" within three hundred (300) feet on either side of the entrance to Westwood High School. "Atlantic Beach Boulevard," the entire length of the right-of-way, from Royal Palm Way to its end, North Jetty. "Avenue D," within three hundred (300) feet of its intersection with Angle Road. "Avenue Q," within two hundred (200) feet of its intersection with Angle Road. "Banyon Road," the entire length of the right of way, from North Ocean Drive to Oak Drive. "Edwards Road," from Will Fee Road west to Maravilla Boulevard, between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday. "Flamingo Boulevard," the entire length of the right- of-way. "Glades Cut-Off Road," 500 feet on either side of the landfill entrance and on both sides of Glades Cut-Off Road. "Jenkins Road," within five hundred (500) feet of its intersection with Orange Avenue (SR 68). "Midway Road," (South side), within three hundred (300) feet of its intersection with 25th Street. "North Ocean Drive," the entire length of the right-of- way, from Banyon Road to Royal Palm Way. ...... throu~h passages are deleted. added. --2-- Underlined passages are 0 R "Oak Drive," the entire length of the right-of-way. "Osceola Boulevard," the entire length of the right-of- way, from North Ocean Drive to Atlantic Beach Boulevard. "Royal Palm Way," the entire length of the right-of- way, from North Ocean Drive to Atlantic Beach Boulevard. "Seminole Boulevard," the entire length of the right- of-way, from North Ocean Drive to Oak Drive. "South 33rd Street (West side), the entire length of the right-of-way from Peterson Road to Whiteway Dairy Road. "Tamarind Drive," the entire length of the right-of- way, from Royal Palm Way to Flamingo Boulevard. "Will Fee Road," between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. "50th Street," within two hundred (200) feet of its intersection with Angle Road. (c) The road superintendent of the county is directed to erect the necessary signs on the roads and streets, or portions thereof, covered by this section to advise the public that parking is prohibited at all times or during certain times, as provided in this section. (d) Penalties for violation of this section shall be in accordance with State law. PART B. DIRECTING THE PLACEMENT OF "NO PARKING" SIGNS ALONG THE ABOVE DESCRIBED RIGHT-OF-WAY The County Road Superintendent is hereby directed to post "No Parking" signs along the above described right-of-way. PART C. 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 ~°=~" =~..~u~,.~ passages are deleted. added. 3 Underlined passages are ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. 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. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. 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 on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert L. Fenn AYE ~°~'- ~,,~,,~ passages are deleted. added. -4- Underlined passages are Commissioner R. Dale Trefelner ABSENT Commissioner Jim Minix ABSENT PART Commissioner Jack Krieger CODIFICATION. AYE 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. ~ PASSED AND DULY ADOPTED this 27th of December, 1988~ ~C '89 J~,~.I -9 R2:02 ...... through passages are deleted. added. -5- Underlined passages are 940 , ; ORDINANCE NO.: 88-92 FILE NO: PA-88-012 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED BETWEEN NORTH U.S. #1 AND OLD DIXIE HIGHWAY, (1 MILE SOUTH OF INDIAN RIVER COUNTY LINE) OPPOSITE THE EXISTING HARBOR BRANCH RESEARCH FACILITIES (MORE PARTICULARLY DESCRIBED HEREIN) FROM RL (LOW DENSITY RESIDENTIAL DEVELOPMENT) TO CG (COMMERCIAL GENERAL) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Harbor Branch Oceanographic Institution, Inc. presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Low Density Residential Development) to CG (Commercial, General) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on July 12, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Low Density Residential Development) to CG (Commercial, General) for the property described below. BOOK 3. The Board held a public hearing on December 14, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on December 6, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: SEE ATTACHED EXHIBIT "A" owned by Harbor Branch Oceanographic Institution, be, and the same is hereby changed from RL (Low Density Residential Development) to CG (Commercial, General). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of ~OOK reference to the date of adoption of this ordinance. D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph A. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, as follows: Chairperson Judy Culpepper AYE Vice-Chairperson Havert Fenn ABSENT Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE the vote on this ordinance was PASSED AND DULY ADOPTED this 14th day of December 1988. BOARD OF COUNTY COMMIss~NERs ST. LUCIE COUNTY, FL%~IDA~ ~ APPROVED AS TO FORM AND ~ORRECTNESS: ,.~ 6i9 o~ing at the N~ cOrr~r of section 8, township 34 south, range 40 east, em-~t along a lir~ 120 feet to the- point of beginning; thance continuing easterly along said north line 746 feet, more or less, to the west right-of-way line of .SR 605; thence soutbe__mmterly along said west right-of-way line 2040 feet, more or less; thence southwesterly and perper~cular to said right-of-way line 930 feet, more or less, to a point on the e~st right-of-way line of US Highway 1; thence 1840 feet, more or less, north_e_m~terly along said right-of-way line to a point of intersection with the west line of Section 8; thence easterly 300 feet, more or less; thence norttm~sterly 550 feet, more or less, to the point of beginning; containing 51 acres, more or less. '89 J/tN 17 P1Z :09 BO0~ ORDINANCE NO.: 88-94 FILE NO.: PA-88-010 0345 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT WEST SIDE OF OLD DIXIE HIGHWAY, IMMEDIATELY SOUTH OF WILCOX ROAD (MORE PARTICULARLY DESCRIBED HEREIN) FROM RL (LOW DENSITY RESIDENTIAL) TO CH (COMMERCIAL, HIGHWAY) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. NCNB of Florida as Trustee for St. Lucie Trust #1, presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Low Density Residential) to CH (Commercial, Highway) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on June 23, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Low Density Residential Development to CH (Commercial, Highway) for the property described below. BOOK 3. The Board held a public hearing on December 14, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on December 6. 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: SEE ATTACHED EXHIBIT "A" owned by NCNB of Florida as Trustee for St. Lucie Trust #1 be, and the same is hereby changed from RL (Low Density Residential) to CH (Commercial, Highway) B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and ob3ectives contained in the St. Lucie County Growth Management Policy Plan. C. C~ANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. 619 D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph A. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITYAFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. BOOK I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, as follows: the vote on this ordinance was Chairperson Judy Culpepper AYE Vice-Chairperson Havert Fenn ABSENT Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 14th day of December 1988. ATTEST: CLERK BOA~ OF COUNTY CO~ISSIO~RS ST. LUCIE COUNTY, FLORIDA BY:~~RMAN'~ ~. : APPR~ED AS TO FO~ AND RRECT~SS: C0~TY ~~~Y B00~ 17-34-40 THAT PART OF THE NW ¼ OF'NE ¼ AND THAT PART OF S ~ OF NE¼ OF NW ¼ LYG BTWN OLD DIXIE HWY AND US ~ 1MPDAF: BEG N'W COR OF NE ¼, TH S 1DEG 42 MIN 12 SEC E 672.8 FT, TH N 89 DEG 42 MIN 56 SEC W 242.3 FT TO E R/W US # 1, TH SELY ALG R/W'539.15 FT, TH S 89 DEG 38 MIN 04 SEC E 242.46 FT, TH N 24 DEG 16 MIN 34 SEC W 317.51FT, TH S 89 DEG, 38 MIN 04 SEC E 615.76 FT TO W R/W OLD'DIXIE HWY, TH N 18 DEG 35 MIN 24 SEC W 673.2 FT, TH N 89 DEG, 46 MIN 54 SEC W 117.37 FT, TH N 12 DEG 27 MIN 17 SEC W 245 FT TO N LI OF SEC, TH N 89 DEG 47 MIN 42 SEC W 342 FT TO POB - LESS THAT PART DESIGNATED CH 9.a. o345 17 F 2:10 OOUSL '.. ST. LUC 93S7S9 ORDINANCE NO.: 88-95 FILE NO.: PA-88-004 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT 6489 OLD DIXIE HIGHWAY (MORE PARTICULARLY DESCRIBED HEREIN) FROM RL (LOW DENSITY RESIDENTIAL DEVELOPMENT) TO CG ( COMMERCIAL, GENERAL ) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Matthew J. and Marie T. Schneider, Matthew P. and Claudia J. Schneider, Marie and Paul Adams, and Cecil F. and Teresa Jenkins presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Low Density Residential Development) to CG (Commercial, General) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing 'on July 12, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Low Density Residential Development) to CG (Commercial, General) for the property described below. 3. The Board held a public hearing on December 14, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on December 6, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: SEE ATTACHED EXHIBIT "A" owned by Matthew J. and Marie T. Schneider, Matthew P. and Claudia J. Schneider, Marie and Paul Adams, and Cecil F. and Teresa Jenkins, be, and the same is hereby changed from RL (Low Density Residential Development ) to CG (Commercial, General). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. GANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. D. 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. E. SEVERABILITY- If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph A. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and,hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. ~OOK '~' I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. j. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairperson Judy Culpepper AYE Vice-Chairperson Havert Fenn ABSENT Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 14th day of December, 1988. ATTEST: BOARD OF COUNTY COMMISSIO,N~S"U ST. LUCIE COUNTY, FLORclDA 618 ?, 1677 BOOK '~':;%~ U.S~' ~1-~ ICS/la' LESS BEG AT ' '=-~ ~, ~ h%Y OH SD ~Y :-"'"-~ ~ ~Y OH SD H L[ 208 ~ ~R FOB, ~ CO~ ~Y OH SD ~ L[ 208 ~ ~ S~Y Ii ~[= ~ R/~ OD ~[XIE ~ II ~a SD ~/~ OD D~XI[ ~ 22~ ~ TO tOS ([,08 Ag,) (0~ 239-1057: 2~t- ~37~) Ah"D 6-3~-&0 ~ II~ OF W R/N OLD DIXIE hn*~ & N LI OF S1/2 OF SE ~/6 OF NE ~/4 _. R~ ~Y ON SD N LI 616 ~ FOR POB ~ CO~. ~Y ON SD LI 208 ~ ~ SLY .......... // ~ITH ~ R.~ O~ DIXIE ~ 226 ~ ~ ~Y H ~I~ SD N LI 208 b%y // ~I~ SD R/~ O~ DIXIE H 226 ~ TO POB (1.08 AC.) OR 239 1059: 2~1-1373 6-34-40 BEG AT IhT W R/W OLD DIXIE HWY & II LI OF $i 1/2 OF SK.1/4 OF NK.1/4, TH WLY ON SD N LI 208 FT TH SLY // 1~TH W R/W OLD DIXIE HWY 226 FT, TH ELY /! TO SD N kI 208 F~ TO A PT ON W R/W OLD DIXIE HWY, TH NLY ON SD R/W 226 FT TO POB (1.08 AC.) (OR 239-1058: 241-1372) Ah'D 6-34-40 FM IhT W R/W OLD DIXIE HWY & N LI OF S 1/2 OF SE 1/4 OF NE 1/& RUN SLY ALG SD W R/W 226 FT FOR POB, TH CONT SLY 190 FT TH W // TO N LI OF S 1/2 OF SE 1/4 OF NE 1/4 250 FT, TH NLY // TO W R/W OLD DIXIE HWY 190 FT, TIi E // WITH N LI OF S 1/2 OF SE 1/4 OF NE 1/4 250 FT TO POB. '89 -9 Pt2:04 618 o 1'678 BOOK ORDINANCE NO.: 88-96 FILE NO.: PA-88-003 ' 0346 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE NORTH SIDE OF ST. LUCIE BLVD., 200 FEET WEST OF KEEN ROAD (MORE PARTICULARLY DESCRIBED HEREIN) FROM SU (SEMI - URBAN) TO CG (COMMERCIAL, GENERAL) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Heminwa¥ Corporation presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi - Urban) to CG (Commercial, General) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on June 23, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi - Urban) to CG (Commercial, General) for the property described below. 3. The Board held a public hearing on December 14, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on December 6, 1988. °" 63.9 800,~ NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: SEE ATTACHED EXHIBIT "A" owned by Heminway Corporation, be, and the same is hereby changed from SU (Semi- Urban) to CG (Commercial, General). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph A. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. BOOK J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairperson Judy Culpepper AYE Vice-Chairperson Havert Fenn ABSENT Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED This date of December 14, 1988 ATTEST: BOARD OF COUNTY COMMISSIO~ ~2. BY: ~ APPRO~D AS TO FORM AND C~R~RECTNESS: , ~ THE SOUTHEAST QUARTER (SE i/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 25, TOWNSHIP 34 SOUTH, RANGE 39 EAST. LESS AN EXCEPTING THE SOUTH 430.00 FEET OF THE EAST 245.00 OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE I/4) AND THE WEST 406.31 FEET OF THE SOUTHEAST QUARTER (SE '1/4) OF THE SOUTHEAST QUARTER (SF~.I/4) AND THE NORTH 698 FEET OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST .QUARTER (SE !/4) OF SAID SECTION 25, AND LESS STATE ROAD NOr 608 RIGHT-OF-WAY AS RECORDED IN PLAT BOOK 21, PAGE 14, 14A - 14C AND DEED BOOK 198, PAGE 353 AND DEED BOOK 198, PAGE 349, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND LESS FORT PIERCE FARMS WATER CONTROL DISTRICT CANAL NO. 2 RIGHT-OF-WAY. CONTAINING 10.02 ACRES dAN Fly'ir ORDINANCE NO.: 88-97 FILE NO.: PA-88-014 ' 40347 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY " GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED SOUTH OF GLADES CUT - OFF ROAD, ONE MILE WEST OF RANGE LINE ROAD (MORE PARTICULARLY DESCRIBED HEREIN) FROM AG (AGRICULTURAL) TO SU (SEMI - URBAN) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABIL'~TY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. John M. McCarty, Sr., John M, McCarty Jr., Thomas C. McCarty, Margaret Monahan, and Ace High Farms presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from AG (Agricultural) to SU (Semi - Urban) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on July 12, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from AG (Agricultural) to SU (Semi - Urban) for the property described below. 3. The Board held a public hearing on December 14, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on December 6, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: SECTION 14, 22, 23 AND THAT PART OF SECTION 11 AND 15 LYING SOUTH AND EASTERLY OF GLADES CUTOFF ROAD AND THAT PART OF SECTION 24 BEING THE S 1/2 OF THE S 1/2 OF THE S 1/2 - LESS EAST 75 FEET AND ALL THAT PART OF SECTION 21 LYING SOUTH AND EASTERLY OF GLADES CUTOFF ROAD - LESS WEST 60 ACRES AND THE WEST 150 FEET OF THE EAST 1415 FEET MORE OR LESS OF SECTIONS 28 AND SECTION 33, TOWNSHIP 37 SOUTH, RANGE 38 EAST. owned by John M. McCarty Sr., John M. McCarty Jr., Thomas C. McCarty, Margaret Monahan, and Ace High Farms, be, and the same is hereby changed from AG (Agricultural) to SU (Semi - Urban). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of BOOK reference to the date of adoption of this ordinance. D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph A. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert Fenn ABSENT Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 14th day of December, 1988. ATTEST: CLERK · 9 0347 JAN1? 2:11 'I .,T. Lb ,~1/ BOARD OF COUNTY COMMISSI~S ST. LUCIE COUNTY, FLOR~A APPROVED AS TO FORM AND 'C~RRE~TNESS: ,/~ 938790 ORDINANCE NO.: 88-98 FILE NO.: PA-88-002 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY C~%NGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF ANGLE ROAD AND OLD FFA ROAD, APPROXIMATELY 2 MILES WEST OF NORTH KINGS HIGHWAY (MORE PARTICULARLY DESCRIBED HEREIN) FROM SU (SEMI-URBAN) TO RL (LOW DENSITY RESIDENTIAL DEVELOPMENT) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. H.J. Ross and H.J. Ross Associates, Inc., presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi- Urban) to RL (Low Density REsidential Development) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on July 12, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi - Urban) to RL (Low Density Residential Development) for the property described below. oo 618 3. The Board held a public hearing on December 14, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on December 6, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: SEE ATTACHED EXHIBIT "A" owned by H.J. Ross and H.J. Ross Associates Inc., be, and the same is hereby changed from SU (Semi - Urban) to RL (Low Density Residential). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of 'reference to the date of adoption of this ordinance. D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph A. G. FILING WITH THE'DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert Fenn ABSENT Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE the vote on this ordinance was PASSED AND DULY ADOPTED this 14th day of December 1988. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNI~, FLORIDA q ~' ' ~ BY: -' "' APPROVED AS TO FORM AND RRECTNESS: 4 3~ 39 FRO~ NW COR OF NE 1/4 RUN $ 01 DEG 0! HIN 58 SEC E ON W LI OF NE 1/4 250.06 FT TO S R/W ANGLE RD W FOR POE,TH S ON SAME BEARING'593o61 FT H/L TO NELY R/W TRNPK,TH S 42 DEG 46 MIN 35 SEC E ALG SD RIM 2695.19 fit H/L TO N R/W CANAL 43,TH S 89 DEG 57 MIN.13 SEC E ALG SD R/W 166.35 FT TO A PT TEAT IS 726.38 FT HLY OF,ASMEAS AT RTANGLETO,E LI OF NE 1/4,TH N 02 DB(t 02 HIN 43 SEC W ON A LI /! TO & 726.38 FT WLY OF E LI OF NE 1/4 2565.09 PT ~/L TO S R/W ANGLE RD W,TH N 89 DEG 44 MIN 46 SEC W ALG RD R/W 1915.93 PT M/L TO POE (73.50 AC} (OR 208-842} 4 35 39 E 726.38 FT OF NE I/4 LYG S OF ANGLE RD W R/W & N OF CANAL 43 ~/W-LESS E 40 FT- (40.40 AC) '89 J 'l-9 ORDINANCE NO.: 88-099 FILE NO.: PA-88-012 940348 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF ST. LUCIE BLVD. AND KEEN ROAD (MORE PARTICULARLY DESCRIBED HEREIN) FROM SU (SEMI - URBAN) TO CG (COMMERCIAL, GENERAL) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FORAN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Eddie Williams, Wayne Prvatt, and David Hazellief presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi-Urban) to CG (Commercial, General) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on July 12. 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi - Urban) to CG (Commercial, General) to for the property described below. 3. The Board held a public hearing on December 14, 1988, after publishing notice of such hearing in the Ft. Pierce News 619 ,c 1848 BOOK Tribune on December 6. 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: 36/34/39 The north 15 acres of the NE 1/4 of the NE 1/4 , less road and canal right of way and the east 202.18 feet of the south 467.62 feet of the north 509.34 feet of the NW 1/4 of the NE 1/4, less the road right of way. owned by Eddie Williams, Wayne Prvatt and David Hazellief be, and the same is hereby changed from SU (Semi - Urban) to CG (Commercial, General). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and ob3ectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph A. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, as follows: the vote on this ordinance was Chairperson Judy Culpepper AYE Vice-Chairperson Havert Fenn ABSENT Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 14th day of December, 1988. J/I/ 17 PI2:11 ST. CL;: BOARD OF COUNTY COMMISSION~' ST. LUCIE COUNTY, FLORIDA's, BY: APPROVED AS TO FORM AND BO01( 93S791 ORDINANC~ :NO.: 88-100 FILE NO.: PA-88-001 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT ON SOUTH U.S. #1, DIRECTLY BEHIND HOME CENTER PLAZA (MORE PARTICULARLY DESCRIBED HEREIN) FROM CG (COMMERCIAL, GENERAL) TO IL (INDUSTRIAL, LIGHT) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. St. Lucie Investment Corp., presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from CG (Commercial, General) to IL (Industrial, Light) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on July 12, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said 'hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from CG (Commercial, General) to IL (Industrial, Light) ) for the property described below. 3. The Board held a public hearing on December 14, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on December 6, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: SEE ATTACHED EXHIBIT "A" owned by St. Luc±e Investment Corp., be, and the same is hereby changed from CG (Commercial, General) to IL (Industrial, Light) B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph A. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper ABSENT Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 14th day of December 1988. ATTEST: ~I~ERK BOARD OF COUNTY COMMI$sIoN~I~: ST. LUCIE COUNTY, FLOriDA' APPROVED AS TO FORM AND ~ORR~ECTNESS: ,/~h Ail that portion of Lots 5, 6, 7 and 8 lying in Block 3, Section 26, Township 36 South, Range 40 East, PLAT NO. 1 SAINT LUCIE GARDENS... as recorded in Plat Book 1 at Page 35 of the Public Records of St. Lucie County, Florida, being more particularly described as follows: COMMENCING at a point (P.O.C.) being the intersection of the Westerly right-of-way line of a 200 foot wide right-of-way for U.S. Highway No. 1 and the North line of aforementioned Lot 6 (being the North line of the Southwest 1/4 of said Section 26); run thence N 8~ 42'20" W along the North line of said Lot 6 (being the North line of the Southwest 1/4 of said Section 26), 417.88 feet to the POINT OF BEGINNING (P.O.B.) of the herein described parcel; thence from said P.O.B. run S 0~ 02'18" W along a line parallel with the West line of said Lot 6, 401.16 feet; thence run S 6~ 30'19" W, 20.71 feet to the Easterly line of a 33 foot wide A.T.&T. easement; thence run S 47"18'25" E, 17.79 feet; thence run $ 3~ 10'28" E, 619.33 feet; thence run S 28 22'04" E, 262.09 feet; thence run $ 27 28'07" E, 161.32 feet to the South line of aforementioned Lot 5, the last described four (4) courses being along the Easterly line of said A.T.&T. easement; thence run N 89°41'35" W along the South lines of aforementioned Lots 5,6 and 8, 1047.53 feet to the West line of said Section 26; thence run N 0C 01'51" E along the West line of said Section 26, 1323.55 feet to the North line of the Southwest 1/4 of said Section 26; thence run S 89" 42'20" E along the North line of the Southwest 1/4 of said Section 26, 532.85 feet to the POINT OF BEGINNING. Subject to existing' easements, rights-of-way, restrictions, resevations~ ~n~re¢orded plats 'of record. '89 -9 M2:05 s~r. ! ~ 800~ 9 )349 ORDINANCE NO.: 88-101 FILE NO.: PA-88-009 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT ON THE WEST SIDE OF 1-95, WEST OF PORT ST. LUCIE, AT THE GATLIN BOULEVARD INTERCHANGE AREA (MORE PARTICULARLY DESCRIBED HEREIN) FROM AG (AGRICULTURE) TO RL (LOW DENSITY RESIDENTIAL) AND X (INTERCHANGE) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. A. Duda & Sons, Inc. presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from AG (Agriculture) to RL (Low Density Residential) and X (Interchange) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on July 12, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from AG (Agriculture) to RL (Low Density Residential) and X (Interchange) for the property described below. 3. The Board held a public hearing on December 14, 1988, after publishing notice of such hearinG in the Ft. Pierce News Tribune on December 6, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. C}{ANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth ManaGement Policy Plan for that property described as follows: SEE ATTACHED EXHIBIT "A" owned by A. Duda & Sons, Inc., be, and the same is hereby changed from AG (AGriculture) to RL (Low Density Residential) and X (InterchanGe). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth ManaGement Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County ZoninG Atlas and to make notation of reference to the date of adoption of this ordinance. 619 ~OOK D. 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph A. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne 619 ~OOK BuildinG, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, as follows: the vote on this ordinance was Chairman Judy Culpepper AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack KrieGer AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 14th day of December, 1988. ATTEST: BOARD OF COUNTY COMMISSIO~RSF,,~~ ST. LUCIE COUNTY, FLOR~D~i? BY: APPR~ED AS TO FORM AND 619 BOOK Low Density Residential (RL) The south one-half of Section 4l the east one-half of Section 8; the west one- half of Section 9; the snuth one-half of the south one-half of Section 15 excepting the right-of-way of Interstate Route 95; the northwest one-quarter and the north one-half of the southwest one-quarter of Section 16; the Northeast one-quarter and the north one-half of the southeast one-quarter of Section 17; all of Section 22 excepting the right-of-way of Interstate Route 95; that portion of the southwest one-quarter of section 23 lying west of the west right of way line of Interstate Route 95, Township 37 South, Range 39 East, St. Lucie County, Florida. Interchange (X) The east one-half of Section 9; the west one-half of Section 10 lying west of the west right-of-way line of Interstate Route 95; that portion of Section 15 less the south one-half of the south one-half lying west of the west right-of- way line of Interstate Route 95; the northeast one-quarter and the north one- half of the southeast one-quarter of Section 16, Township 37 South, Range 39 East, St. Lucie County, Florida. JAN 17 P 2:11 619 , d856 ~00~( ORDINANCE NO.: 88-102 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE SOUTHEAST SIDE OF GLADES CUT-OFF ROAD, APPROXIMATELY 3 MILES SOUTH OF WEST MIDWAY ROAD (MORE PARTICULARLY DESCRIBED HEREIN) FROM SU (SEMI-URBAN) TO RL (LOW DENSITY RESIDENTIAL) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Callaway Land & Cattle Co., presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi-Urban) to RL (Low Density Residential) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on July 12, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi - Urban) to RL (Low Density Residential) for the property described below. 3. The Board held a public hearing on December 15, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on December 6, and December 8, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICA?ION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: SEE ATTACHED EXHIBIT "A" owned by Callaway Land & Cattle Co., be, and the same is hereby changed from SU (Semi - Urban) to RL (Low Density Residential). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and ob3ectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. D. CONFLICTING PROVISIONS. 619 ~OOK 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph A. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. oo 619 I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 15th day of December, 1988. ATTEST%i~ CLERK BOARD OF COUNTY COMMI$SION~..."' ST. LUCIE COUNTY, FLORID~!~ BY: APPROV~)~S TO FOR3~ AND CO A PARCEL OF LAND LYING IN SECTIONS 21o 22, 23, 26° 27, 28, 29° 33, 34 AND 35 OF TOWNSHIP 36 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY. FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID SECTION 23, THENCE NORTH 89'O3'42" EAST. ALONG THE NORTH LINE OF SAID SECTION 23, A DISTANCE OF 96,01 TO 'A'POINT OF INTERSECTION WITH A LINE 170.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO THE WESTERLY RIGHT- OF-WAY OF STATE ROAD NO. 9 ( 1-95 ) AS SHOWN ON THE RIGHT-OF-gAy MAP, SECTION 94001-2412 D^TED 6-2-77 WITH LAST REVISIONS ON 8-28- 81, BEING THE WESTERLY LINE OF A FLORIDA POWER AND LIGHT CO. EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 97, PAGE 504, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 00'00'11" WEST, ALONG SAID WESTERLY LINE OF SAID.FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY, AND ALSO THE WEST LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY AS RECORDED IN O.R. BOOK 120, PAGE 199 THROUGH 201, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 8,215.66 FEET TO A POINT OF INTERSECTION WITH THE PROPOSED WESTERLY RIGHT-OF-WAY OF THE INTERSTATE 95 INTERCHANGE PARCEL AS DESCRIBED BY A DESCRIPTION SHOWN ON A BOUNDARY SURVEY PREPARED BY DAVID W. BETHAM, P.L.S. WITH FLORIDA CERTIFICATE NO. 3199 WITH ST. LUCIE WEST THOMAS J. WHITE DEVELOPMENT CORPORATION, DATED 6-10-87 AND KNOWN AS THE "INTERSTATE - 95 CALLAWAY & PEACOCK PARCEL", THENCE SOUTHWESTERLY ALONG SAID PROPOSED WESTERLY RIGHT-OF-WAY THE FOLLOWING COURSES AND DISTANCES~ AFORESAID POINT OF INTERSECTION BEING A POINT ON A CURVE CONCAVE TO THE NORTHWEST TO WHICH A RADIAL LINE BEARS SOUTH 47'47'15" EAST, SAID CURVE HAVING A RADIUS OF 600.50 FEET, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 175.93 FEET; THROUGH A CENTRAL ANGLE OF 16'47'10"; THENCE SOUTH 58'59'55" WEST, 462.06 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 621.42 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 234.14 FEET, THROUGH A CENTRAL ANGLE OF 21'35'15"; THENCE DEPARTING SAID PROPOSED WESTERLY RIGHT-OF-WAy NORTH 31'44'36" WEST, 116.53 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAy LINE OF A PROPOSED 80.00 FOOT INGRESS AND EGRESS EASEMENT HEREON AFTER REFERRED TO AS THE PROPOSED "LEGENDS DRIVE" EXTENSION, THENCE SOUTHWESTERLY ALONG THE SOUTHERLY RIGHT- OF-WAY LINE OF SAID "LEGENDS DRIVE" THE FOLLOWING COURSES AND DISTANCESz AFORESAID POINT OF INTERSECTION BEING A POINT ON A CURUE CONCAUE TO THE NORTHWEST AND TO WHICH A RADIAL LINE BEARS SOUTH 11'47'49" EAST, SAID CURVE HAVING A RADIUS OF 876.94 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 124.84 FEET, THROUGH A CENTRAL ANGLE OF 08'09'23": THENCE SOUTH 86'21'33" BOOK WEST, 474.55 EET TO A POINT OF CURVATU OF A ~URVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 735.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 249.49 FEET, THROUGH A CENTRAL ANGLE OF 19'26'55"; THENCE SOUTH 66'54'39" WEST, 405.25 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 611.85 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 272.57 FEET, THROUGH A CENTRAL ANGLE OF 25'31'30" TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 812.04 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 571.91 FEET THROUGH A CENTRAL ANGLE OF 40'21'09"; THENCE SOUTH 52'04'59" WEST, 128.01 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 50.00 FEET; THNCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE ~ DISTANCE OF 1.Ol FEET, THROUGH A CENTRAL ANGLE OF 01'09'14" TO THE POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF THE PROPOSED "RESERVE BOULEVARD" EXTENSION, THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE OF SAID PROPOSED "LEGENDS DRIVE~ SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY OF THE PROPOSED "RESERVE BOULEVARD" EXTENSION THE FOLLOWING COURSES AND DISTANCES; THENCE CONTINUE ALONG THE ARC OF SAID CURVE A DISTANCE OF 74.54 FEET THROUGH A CENTRAL ANGLE OF 85'24'41" TO A POINT OF COHPOUND CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 379.64 FEET T}IROUGH A CENTRAL ANGLE OF 42'11'20"; THENCE SOUTH 76'40'16" EAST, 414.04 FEET; THENCE NORTH 89'53'28" EAST, 405.62 FEET TO THE POINT OF INTERSECTION WITH THE WESTERLY RIGHT- OF-WAY LINE OF AFORESAID INTERCHANGE PARCEL; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE OF SAID PROPOSED "RESERVE BOULEVARD" SOUTH 00'06'32" EAST, ALONG THE WESTERLY LINE OF SAID INTERCHANGE PARCEL, A DISTANCE OF ~40.00 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID PROPOSED "RESERVE BOULEVARD"; THENCE SOUTH 89'53'28" WEST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 562.93 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1,033.84 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY LINE, 27.92 FEET THROUGH A CENTRAL ANGLE OF 01'32'51" TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY L~NE OF A PROPOSED 120.00 FOOT PUBLIC RIGHT-OF-WAY. THENCE DEPARTING THE SOUTHERLY LINE OF SAID PROPOSED "RESERVE BOULEVARD" EXTENSION, SCUTHERLY ALONG THE EASTERLY LINE OF SAID PROPOSED PUBLIC RIGHT-OF-WAY, THE FOLLOWING COURSES AND DISTANCES: THENCE SOUTH 50'54'50' WEST, 64.98 FEET; THENCE SOUTH 10'23'21" WEST, 109.9~ FEET TO A POINT OF CURVATURE OF A ° 619 BOOK CORVE CONCAVE £0 THE EAST IIAVING A RAD ~ OF 540.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 272.46 FEET, THROUGH A CENTRAL ANGLE OF 28'54'31"; THENCE SOUTH 18'31°10" EAST, 353.66 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 1,060.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF '123.22 FEET THROUGH A CENTRAL ANGLE OF 06'39'37'; THENCE DEPARTING THE EAST LINE OF SAID PROPOSED RIGHT-OF-WAY NORTH 85'25'09" EAST, 794.83 FEET; THENCE SOUTH 88'51'34" EAST, 1,479.24 FEET TO THE POINT OF INTERSECTION WITH THE WESTERLY LINE OF AFORESAID FLORIDA POWER AND LIGHT CO. RIGHT-OF-WAY AS RECORDED IN O.R. BOOK 120 PAGES 199 - 201, THENCE CONTINUE SOUTH 00'00'11" WEST ALONG SAID WESTERLY LINE OF THE FLORIDA POWER & LIGHT COMPANY RIGHT-OF-WAY, AND ALSO A FLORIDA POWER & LIGHT COMPANY RIGHT-OF-WAY RECORDED IN O.R. BOOK 97 PAGE 504, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 1,918.5B FEET TO A POINT ON THE WESTERLY LINE OF A FLORIDA POWER & LIGHT COMPAN~ RIGHT-OF- WAY AS RECORDED IN O.R. BOOK 468 PAGE 2897, PUBLIC RECORDS OF ST. LUClE COUNTY, FLORIDA; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING COURSES AND DISTANCES~ SOUTH 04'50'26" WEST, 637.01 FEET; THENCE SOUTH 12'25'58" WEST, 640.99 FEET; THENCE SOUTH 19'28'24" WEST, 683.65 FEET; THENCE SOUTH 79~27'56" WEST, 55.5~ FEET; THENCE SOUTH 10'32'03" EAST, 50.00 FEET; THENCE NORTH 79'27'56" EAST, 55.39' FEET; THENCE SOUTH 40'32'32" EAST, 146.64 FEET; THENCE SOUTH 23'34'44" WEST, 422.43 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 89'52'24" WEST PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST ONE QUARTER (1/4) OF SAID SECTION 34, A DISTANCE OF 1529.49 FEET; THENCE NORTH 43'08'22" WEST, PARALLEL WITH THE NORTHEASTERLY RIGHT-OF- WAY LINE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT CANAL NO. C-24, A DISTANCE OF 2,361.47 FEET TO A POINT ON THE NORTHWESTERLY LINE OF A PARCEL OF LAND DESCRIBED IN O.R. BOOK 298 PAGE 1016, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 61'51'34" WEST ALONG THE NORTHWESTERLY LINE OF SAID PARCEL, 619.04 FEET: THENCE SOUTH 40'58'54" WEST, ALONG THE NORTHWESTERLY LINE OF SAID' PARCEL 958.79 FEET TO THE POINT OF INTERSECTION WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF AFORESAID CANAL NO. C-24; THENCE NORTH 43'08'22" WEST, ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, 173.66 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHEASTERLY LINE OF A PARCEL OF LAND DESCRIBED IN A WARRANTY DEED RECORDED IN O.R. BOOK 344, PAGES 1093 - 1095, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 46'44'37" EAST, ALONG. THE SOUTHEASTERLY LINE OF SAID PARCEL, 1260.91 FEET; THENCE NORTH 43'08'40" WEST, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL AND THE SOUTHERLY LINE OF THE PLAT OF "SABAL CREEK PHASE IV" AS RECORDED IN PLAT BOOK 24 PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 5,082.07 FEET; THENCE NORTH 43'34'09" WEST, CONTINUING ALONG SAID SOUTHERLY LINE OF SAID SABAL CREEK PHASE IV AND THE SOUTHERLY LINE OF SABAL CREEK PHASE II, ACCORDING TO THE PLAT , THEREOF, AS RECORDED IN PLAT BOOK 24, PAGE 1, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND THE SOUTHEASTERLY LINE OF SAID PARCEL A DISTANCE OF, 5,340.47 FEET TO THE POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAIL ROAD RIGHT-OF-WAY; THENCE NORTH 44°45'58" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAIL ROAD, AND THE WESTERLY LINE OF THE PLAT OF "SABAL CREEK PHASE I", AS RECORDED IN PLAT BOOK 23, PAGE 32, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND THE WESTERLY LINE OF 'THE RESERVE P.U.D." AS DESCRIBED IN RESOLUTION NO. 84-129 AND RECORDED IN O.R. BOOK 442 PAGES 667 THROUGH 672 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 7984.65 FEET TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF SAID SECTION .21, AND THE NORTH LINE OF SAID "RESERVE P.U.D."; THENCE NORTH 89°21°52" EAST, ALONG SAID NORTH LINE OF SAID SECTION 21 AND THE NORTH LINE OF SAID "RESERVE P.U.D." A DISTANCE OF 109.26 FEET TO THE NORTHWEST CORNER OF SECTION 22; THENCE SOUTH 89°23'26" EAST, ALONG THE NORTH LINE OF SAID SECTION 22 AND THE NORTH LINE OF SAID "RESERVE P.U.D." A DISTANCE OF 2,639.20 FEET TO THE NORTH ONE QUARTER (1/4) CORNER OF SAID SECTION 22; THENCE SOUTH 89'45'43' EAST, CONTINUE ALONG THE NORTH LINE OF SAID SECTION 22 AND ALONG THE NORTH LINE OF SAID "RESERVE P.U.D.", A DISTANCE OF 2693.20 FEET TO THE NORTHEAST CORNER OF SAID SECTION 22 AND THE POINT OF BEGINNING. CONTAINING 2397.88 ACRES MORE OR LESS. NOTE: THIS LAND DESCRIPTION IS FOR THE PURPOSE OF DESCRIBING THE LAND SUBMITTED WITH THE PETITION FOR CHANGE IN LAND USE CLASSIFICATION 'FROM SU TO RL LESS AND EXCEPTING THEREFROM THOSE LANDS CURRENTLY -DESIGNATED AS RL. 940 350 ,'89 17 2:;2 FiL~ $/-. : ' 619 864 BOOK ORDINANCE NO.: 88-103 FILE NO.: PA-88-006 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE SOUTHEAST SIDE OF GLADES CUT-OFF ROAD, APPROXIMATELY 3 MILES SOUTH OF WEST MIDWAY ROAD (MORE PARTICULARLY DESCRIBED HEREIN) FROM SU (SEMI-URBAN) TO CG (COMMERCIAL, GENERAL) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Callaway Land & Cattle Co., presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi-Urban) to CG (Commercial, General) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on July 12, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi - Urban) to CG (Commercial, General) for the property described below. 3. The Board held a public hearing on December 15, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on December 6, and December 8, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: SEE ATTACHED EXHIBIT "A" owned by Callaway Land & Cattle Co., be, and the same is hereby changed from SU (Semi - Urban) to CG (Commercial, General). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only 619 BOOK 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph A. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, as follows: the vote on this ordinance was Chairman Judy Culpepper AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 15th day of December, 1988. ATTEST: BOARD OF COUNTY COMMISSIO~N~RS ST. LUCIE COUNTY, FLOR..LDA BY: APPROVED AS TO FORM AND UNTO' A~y A PARCEL OF LAND LYING WITHIN SECTION 27, TOWNSHIP 36 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS= COMMENCE AT THE NORTHEASTERLY CORNER OF "THE RESERVE P.U.D.° AS DESCRIBED IN RESOLUTION NO. 84-129 AND RECORDED IN O.R. BOOK 442 PAGES 667 THROUGH 672 PUBLIC RECORDS OF ST'. LUCIE COUNTY, FLORIDA, LYING ON THE NORTH LINE OF SAID SECTION 22; THENCE SOUTH 89'45'43' EAST, ALONG SAID NORTH LINE OF SECTION 22, A DISTANCE OF 985.04 FEET TO THE NORTHEAST CORNER OF SAID SECTION 22, THENCE NORTH 89'03'42" EAST, ALONG THE NORTH LINE OF SAID SECTION 23, A DISTANCE OF 96.01 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY, AS RECORDED IN O.R. BOOK 97 PAGE 504 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 00'00'11' WEST ALONG SAID WESTERLY LINE OF THE THE FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY, AND ALSO THE WEST LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY AS RECORDED IN O.R. BOOK 120, PAGE 199 THROUGH 201, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 8,215.66 FEET TO A POINT OF INTERSECTION WITH THE PROPOSED WESTERLY RIGHT-OF- WAY OF THE INTERSTATE 95 INTERCHANGE PARCEL AS DESCRIBED' .BY A DESCRIPTION SHOWN ON A BOUNDARY SURVEY PREPARED BY DAVID W. BETHAM, P.L.S. WITH FLORIDA CERTIFICATE NO. 3199 WITH ST. LUCIE WEST THOMAS J. WHITE DEVELOPMENT CORPORATION, DATED 6-10-87 AND KNOWN AS THE "INTERSTATE - 95 CALLAWAY & PEACOCK PARCEL", THENCE SOUTHEASTERLY ALONG SAID PROPOSED WESTERLY RIGHT-OF-WAY THE FOLLOWING COURSES AND DISTANCES: AFORESAID POINT OF INTERSECTION BEING A POINT ON A CURVE CONCAVE TO THE NORTHWEST TO WHICH A RADIAL LINE BEARS SOUTH 47'47'15" EAST, SAID CURVE HAVING A RADIUS OF 600.50 FEET, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 175.93 FEET; THROUGH A CENTRAL ANGLE OF 16'47'10"; THENCE SOUTH 58'59'55" -WEST, 462.06 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 621.42 FEET THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 234.14 FEET, THROUGH A CENTRAL ANGLE OF 21'35'15" TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 182.64 FEET; THROUGH A CENTRAL ANGLE OF 16'50'23"; THENCE SOUTH 20'34'17" WEST, 532.11 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 131.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 149.35 FEET THROUGH A CENTRAL ANGLE OF 65'19'11"; THENCE SOUTH 85'53'28" WEST, 388.39 FEET; THENCE SOUTH 05'58'51" EAST, 64.11 FEET; THENCE S6UTH 89'53'28" WEST, 300.01 FEET; BOOKO R 819 ~1~88 THENCE DEPARTING SAID PROPOSED INTERCHANGE PARCEL AND ALONG NORTHERLY RIGHT-OF-WAY OF THE PROPOSED "RESERVE EXTENSION THE FOLLOWING COURSES AND DISTANCES; THE BOULEVARD" CONTINUE SOUTH 89'53'28' WEST, 405.62 FEET; THENCE NORTH 76'40'16' WEST, 414.04 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 515.59 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 379.64 FELT, THROUGH A CENTRAL ANGLE OF 42'11'20' TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE EAST, WITH A RADIUS OF 50.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 74.54 FEET, THROUGH A CENTRAL ANGLE OF 85'24'41'; TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE PROPOSED EXTENSION OF 'LEGENDS DRIVE' AN 80 FOOT XNGRESS AND EGRESS EASEMENT. THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY OF THE PROPOSED 'RESERVE 8LVD' AND EASTERLY ALONG SAID PROPOSED WESTERLY RIGHT- OF-WAY OF 'LEGENDS DRIVE' THE FOLLOWING COURSES AND DISTANCESs CONTINUE NORTHERLY ALONG THE ARC OF SAID CURVE 1.01 FEET, THROUGH A CENTRAL ANGLE OF 01'09'14', THENCE NORTH 52'04'58' EAST, .128.01 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 812.04 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 571.91 FEET, THROUGH A CENTRAL ANGLE OF 40'21'09' TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 611.85 FEET; THENCE NORTHRASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 272.57 FEET, THROUGH A CENTRAL ANGLE OF 25'31'30'; THENCE NORTH 66'54'39' EAST, 405.25 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 735.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 249.49 FEET, THROUGH A CENTRAL ANGLE OF 19'26'55'; THENCE NORTH 86'21°33' EAST 474.55 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 876.94 . F~FT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 124.84 FEET THROUGH A CENTRAL ANGLE OF 08'09'23'; THENCE DEPARTING SAID PROPOSED EASTERLY RIGHT-OF-WAy OF 'LEGENDS DRIVE' SOUTH 31'44'36' EAST 116.53 FEET TO THE POINT OF INTERSECTION WITH THE AFORE SAID WESTERLY LINE OF THE INTERCHANGE PARCEL AND THE POINT OF BEGINNING CONTAINING 30.30 ACRES MORE OR LESS ? s4oa z ,oo 61 ) '89 17 PI2:12 ORDINANCE NO.: 88-104 FILE NO.: PA-88-008 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE SOUTHEAST SIDE OF GLADES CUT-OFF ROAD, APPROXIMATELY 3 MILES SOUTH OF WEST MIDWAY ROAD (MORE PARTICULARLY DESCRIBED HEREIN) FROM SU (SEMI-URBAN) TO CT (COMMERCIAL, TOURIST) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FORAN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Callaway Land & Cattle Co., presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi-Urban) to CT (Commercial, Tourist) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on July 12, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi - Urban) to CT (Commercial, Tourist) for the property described below. 3. The Board held a public hearing on December 15, 1988, after publishing notice of such hearing in the Ft. Pierce News Tribune on December 6, and December 8, 1988. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: SEE ATTACHED EXHIBIT "A" owned by Callaway Land & Cattle Co., be, and the same is hereby changed from SU (Semi - Urban) to CT (Commercial, Tourist). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only BOOK 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. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph A. G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. BOOK I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 15th day of December, 1988. BOARD OF COUNTY COMMISSIONE ST. LUCIE COUNTY, ..~.. ·. ~ ~ ~ ,'.~ APPROV~ AS TO FO~ ~-~ :~:~'~' ~'. % , ,' .< -t ~'., ,_ CO~TY ATT~~ RESERVE P.U.D. SECTION III COMMERCIAL TRACT B-SOUTH A PARCEL OF LAND LYING WITHIN SECTIONS 26 AND 2?° TOWNSHIP 36 SOUTH, RANGE 39 EAST, ST. -LUC}E- COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEASTERLY CORNER OF 'THE RESERVE P.U.D.' AS DESCRIBED IN RESOLUTION NO. 84-129 AND RECORDED IN O.R. BOOK 442 PAGES 667 THROUGH 672 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING ON THE NORTH LINE OF SAID SECTION 22~ THENCE SOUTH B9'45'43' EAST, ALONG SAID NORTH LINE OF SECTION 22, A DISTANCE OF 985.04 FEET TO THE NORTHEAST CORNER OF SAID SECTION 22, THENCE NORTH 89'03'42' EAST, ALONG THE NORTH LINE OF SAID SECTION 23, DISTANCE OF 96.01 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY, AS RECORDED IN O.R. BOOK 97 PAGE 504 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA~ THENCE SOUTH 00'00'11' WEST ALONG SAID WESTERLY LINE OF THE THE FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAy, AND ALSO THE WEST LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAy AS RECORDED IN O.R. BOOK 120, PAGE 199 THROUGH 201, PUBLIC RECORDS OF ST. LUCIE COUNTY, ' FLORIDA, A DISTANCE OF 10,206.81 FEET TO A POINT OF INTERSECTION WITH THE PROPOSED WESTERLY RIGHT- OF-WAY OF THE INTERSTATE 95 INTERCHANGE PARCEL AS DESCRIBED BY A DESCRIPTION SHOWN ON A BOUNDARY SURVEY PREPARED. BY DAVID W. BETHAM, P.L.S. WITH FLORIDA CERTIFICATE NO. 3199 WITH ST. LUCIE WEST THOMAS J. WHITE DEVELOPMENT CORPORATION, DATED 6-10-87 AND KNOWN AS THE 'INTERSTATE - 95 CALLAWAY & PEACOCK PARCEL', SAID POINT BEING THE POINT OF BEGINNING~ THENCE CONTINUE SOUTH 00'00'11' WEST ALONG SAID WESTERLY LINE THE FLORIDA POWER & LIGHT COMPANY RIGHT-OF-WAy, A DISTANCE OF 326.33 FEETI THENCE NORTH 88'51'34' WEST, 1,479.24 FEET; THENCE' SOUTH 85'25°09' WEST, 794.83 FEET TO THE POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAy LINE OF A PROPOSED 120.00 FOOT PUBLIC RIGHT-OF-WAY, SAID POINT BEING ON A CURVE CONCAVE TO THE SOUTHWEST AND TO WHICH A RADIAL LINE BEARS NORTH 78'08'28- EAST, SAID CURVE HAVING A RADIUS OF 1,060.00 FEET~ THENCE NORTHWESTERLY ALONG SAID PROPOSED EASTERLY RIGHT-OF-WAY THE FOLLOWING COURSES AND DISTANCES~ THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 123.22 FEET THROUGH A CENTRAL ANGLE OF 06'39'37-; THENCE NORTH 18'31'10- WEST, 353.66 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 540.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 272.46 FEET, THROUGH A CENTRAL ANGLE OF 28'54'31,~ THENCE NORTH 10'23'21- EAST, 109.98 FEET; THENCE NORTH 50'54'50- EAST. 64.98 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHERLY I. INE OF THE PROPOSED EXTENSION OF 'RESERVE 800K BOULEVARD, SAID POINT BEING A POINT ON A CURVE CONCAVE TO THE NORTHEAST TO WHICH A RADIAL LINE BEARS SOUTH 01'26'19, WEST, SAID CURVE HAVING A RADIUS OF 1,033.84 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE OF THE PROPOSED PUBLIC RIGHT-OF-WAY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND THE SOUTHERLY LINE OF THE SAID "RESERVE BOULEVARD" EXTENSION, A DISTANCE OF 27.92 FEET, THROUGH A CENTRAL ANGLE OF 01'32'51"; THENCE NORTH 89'53'28" EAST, ALONG SAID SOUTHERLY LINE OF SAID "RESERVE BOULEVARD- EXTENSION A DISTANCE OF 562.93 FEET TO A POINT ON THE WESTERLY LINE OF THE PROPOSED WESTERLY RIGHT-OF-WAY OF THE INTERSTATE 95 INTERCHANGE PARCEL AS DESCRIBED BY A DESCRIPTION SHOWN ON A BOUNDARY SURVEY PREPARED BY DAVID W. BETHAM, P.L.S. WITH FLORIDA CERTIFICATE NO. 3199 WITH ST. LUCIE WEST THOMAS J. WHITE DEVELOPMENT CORPORATION, DATED 6-10-87 AND KNOWN AS THE "INTERSTATE - 95 CALLAWAY & PEACOCK PARCEL". THENCE SOUTHERLY ALONG THE PROPOSED WESTERLy RIGHT-OF-WAY LINE OF SAID INTERCHANGE PARCEL THE FOLLOWING COURSES AND DISTANCESl THENCE CONTINUE NORTH 89'53'28" EAST, 300.00 FEET; THENCE SOUTH 05'45'38" WEST, 64.11 FEET; THENCE SOUTH 86'06'32" EAST, 960.95 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 600.50 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 626.0! FEET, THROUGH A CENTRAL ANGLE OF 59'43'46" TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 1,295.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE,. A DISTANCE OF 57.31 FEET THROUGH A CENTRAL ANGLE' OF 02'32'09" TO THE POINT OF INTERSECTION WITH THE WESTERLy LINE OF A FLORIDA POWER & LIGHT COMPANY RIGHT-OF-WAy AS RECORDED IN O.R. BO0~ 120, PAGES 199 - 201 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND THE POINT OF BEGINNING. CONTAINING 40.52 ACRES MORE OR LESS JtlN 17 P12:13 FIL; ' BOUt?,' o8 fi19