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HomeMy WebLinkAbout21-034 rn„,,=D n 00' ?m AOarr Z��Am Fn ^'�n3 ORDINANCE NO. 2021-34 o D°Z r FILE NO.: TLDC-5202126040 O c) .i m rn N - -4orsJ oAo r AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. N x LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND o W DEVELOPMENT CODE, CHAPTER VII, DEVELOPMENT DESIGN AND m IMPROVEMENT STANDARDS, SECTION 7.02.02.B. — PERMITTED USES, TO 0 0 ALLOW RECREATIONAL VEHICLE PARK (RVP), SUBJECT TO THE o c REQUIREMENTS OF SECTION 7.10.16 (SIC 7033), WITHIN TIE PLANNED Z o NON-RESIDENTIAL DEVELOPMENT (PNRD) ZONING DISTRICT; 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. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 3. This Board is authorized by Section 125.01(1)(t), Florida Statutes, to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law. 4. On July 15, 2021, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing due notice in the St. Lucie News Tribune and recommended that the proposed ordinance be forwarded with a recommendation for approval. 5. On August 3, 2021, this Board held the first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 6. On September 7, 2021, this Board held its second public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 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 County Comprehensive Plan, are internally consistent with the remainder of the Land Development Code and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. 11Page 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: A. 7.02.00. — PLANNED NON-RESIDENTIAL DEVELOPMENT 7.02.02. — Permitted Uses. The following general guidelines shall be used in determining the permitted use possibilities in any Planned Non-Residential Zoning Development: B. For properties located in any Commercial or Industrial classified land use area: Any permitted, conditional or accessory use, including any standards, conditions and requirements for those uses, as identified in the Commercial, Neighborhood (CN): Commercial, Office (CO); Commercial, General (CG); Commercial Resort (CR); Industrial Light (IL); Industrial Heavy (IH), Utility (U) and (I) Institutional zoning districts, and any non-residential permitted or accessory use identified in the Agriculture-1 (AG-1), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts of this Code. Telecommunication towers must comply with the requirements of Section 7.10.23. For properties located in any Commercial classified land use area: Recreational Vehicle Parks (RVP) in accordance with Section 7.10.16 (SIC 7033). The general standards, conditions, and requirements, as found in this Code, that pertain to conditional and accessory uses shall be used in the determination of the compatibility of the proposed use(s) with the surrounding land uses in the review of the Planned Non-Residential Development. All applications for Planned Non- Residential Development shall include a complete identification of all planned uses and activities. 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. 21Page PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chris Dzadovsky. Chair AYE Sean Mitchell Vice-Chair AYE Linda Bartz, Commissioner AYE Frannie Hutchinson, Commissioner AYE Cathy Townsend, Commissioner 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 7'h day of September, 2021. Attest: Board of County Commissioners St. Lucie County, Florida M Deputy Clerk NO 45' Chair Approved As To Form and ?cit. � ti Correctness: Wiry, f sor By: County Attor ey 3IPage RON DESANTIS LAUREL M. LEE Governor Secretary of State September 28, 2021 Ms. Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Vera Smith Dear Ms. Miller: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 2021-34, which was filed in this office on September 28, 2021. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270