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Home My WebLink About20-014 ORDINANCE No.: 2020-14 File No.: TLDC-12201925658 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 7.10.22 - CAR WASHES, SELF- SERVICE; TO DELETE THE REQUIREMENT THAT THE PROPERTY BE AT LEAST 10,000 SQUARE FEET IN SIZE, TO DELETE THE MAXIMUM NUMBER OF SEVEN VACUUMS AND ADDING A PROVISION PROVIDING FOR A WAIVER OF THE REQUIREMENT FOR AN EIGHT FOOT TALL MASONRY WALL, PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. On March 4, 1997, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 97-01 for the purpose of creating supplemental standards for self- service car washes, applicable to the CN (Commercial, Neighborhood) Zoning District, within the St. Lucie County Land Development Code. 3. On February 20, 2020, the Planning and Zoning Commission held a Public Hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on February 7, 2020. The Planning and Zoning Commission recommended to the Board of County Commissioners approve the proposed text amendment to the St. Lucie County Land Development Code. 4. On March 17, 2020, the Board of County Commissioners held its first Public Hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on March 6, 2020. 5. On April 7, 2020, the Board of County Commissioners held its second Public Hearing on the proposed ordinance and continued the item to the June 2, 2020 Public Hearing. 6. On June 2, 2020, the Board of County Commissioners held its second Public Hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on May 23, 2020. 7. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives, and standards of the St. Lucie JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT Underline is for addition. SAINT LUCIE COUNTY ordinance 2020-14 FILE# 4720334 PM Strikethrough IS for deletion. OR BOOK 4434 PAGE2020 20 90420223Doc Type:ORDN June 2, 2020 RECORDING: $35.50 Page 1 County Comprehensive Plan and are in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE ARE TO READ AS FOLLOWS: SECTION 7.10.11 — CAR WASHES, SELF SERVICE. In the CN (Commercial, Neighborhood) Zoning District, self-service car washes may be authorized as a conditional use, subject to meeting the standards of review set out in Section 11.07.00 and the following supplemental criteria: A. The car wash operation is considered to be a drive-through facility and is subject to the site plan submission requirements of Section 11.02.00. No application for conditional use will be considered complete until all minimum site plan criteria have determined to be met. B. The property on which the car wash is to be located shall be a minimum of ten thousand (10,000) square feet in size. B. C- The car wash, and all related activity areas shall be screened from all adjoining side and rear properties with an eight (8) masonry wall, or a wall constructed of similar materials. The wall shall be located a minimum of five (5) feet inside the side and rear property line. The wall shall be of similar composition, construction, and color and shall not include chain link fence, with or without slates or wooden screening materials. If any side property line is adjacent to any street right-of-way line, no screening wall will be required along that property line. The five (5) foot landscape buffer that is located on the outside of the masonry wall shall be landscaped with one (1) tree for every thirty (30) linear feet and with one (1) shrub or vine for every five (5) linear feet of wall length. At least five (5) feet of the area inside of the required wall along the side and rear property lines shall be landscaped with one (1) shrub or vine for every five (5) linear feet of wall length. All landscaping shall be irrigated in accord with the provisions of Section 7.09.03 of this Code. A strip of land at least fifteen (15) feet in depth shall be located between any abutting street right-of-way and the car wash, and its related activity areas, shall be landscaped to include one (1) tree for each thirty (30) linear feet of abutting right- of-way or major fraction thereof. In addition, a hedge, wall, or other durable landscaping barrier shall be placed along the interior perimeter of the landscaped strip. All landscaping shall be irrigated in accord with the provisions of Section 7.09.03 of this Code. C. D---No more than seven (7) car wash bays and seven (7) vacuum stations shall be allowed in any one (1) car wash facility. Underline is for addition. Ordinance 2020-14 Strip#is for deletion. June 2, 2020 Page 2 D. All car wash bays shall be enclosed on two (2) sides and covered by a permanent roof. E. p-All on-site lighting fixtures shall be directed so that adjacent properties are not illuminated. In addition to the above mandatory standards and the standards of review set forth in Section 11.07.00 of this Code, in considering any application for Conditional Use the Board of County Commissioners may also consider reasonable limitations on the cash wash operations, including but not limited, the hours of business operation and the necessity for manned attendance during those business operation hours. If limitations are imposed on the hours of operation, or if manned attendance is required or if any other special limitation is imposed, the Board shall expressly include in any approval Resolution or other form of Final Development Order the specific reasons that such limitations have been determined to be necessary. F. Waiver. The Board of County Commissioners may grant a waiver from the requirement of an eight (8) foot masonry wall upon a determination that the adjacent property is zoned commercial and that the adjacent property owner consents to a waiver of the requirement of a wall. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. Underline is for addition. Ordinance 2020-14 Strikethrough is for deletion. June 2, 2020 Page 3 ' After motion and second, the vote on this resolution was as follows: Commissioner Cathy Townsend, Chair AYE Commissioner Chris Dzadovsky, Vice Chair AYE Commissioner Sean Mitchell AYE Commissioner Linda Bartz NAY Commissioner Frannie Hutchinson AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re- lettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ENACTED this 2nd day of June , 2020 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 4 _ - By: detailow$444 Pepu lerk C it 0oM0111 ., Vl�y� APPROVED AS TO FORM AND kJ CORRECT S: c� 4 ",y' �,J C'# B y: .'F caup! r+T�t f. County Att• • Underline is for addition. Ordinance 2020-14 StF+kethreagh is for deletion. June 2, 2020 Page 4 RON DESANTIS LAUREL M. LEE Governor Secretary of State June 18, 2020 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Angela Riggins Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 20-014, which was filed in this office on June 18, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us