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HomeMy WebLinkAbout22-012 M;0FDn 0O -4im �0 Z rn0 ORDINANCE No. 2022-12 °°� °'m nA0� FILE NO.: TLDC-1202226257 o D N Z �mN�M AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. o m LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND w DEVELOPMENT CODE, SECTION 3.01.03. C. AG-5 AGRICULTURAL — 5., A o 0 SUBSECTION 7. TO ALLOW RECREATIONAL VEHICLE AND BOAT m n STORAGE FACILITIES, SUBJECT TO SUPPLEMENTAL STANDARDS, AS A CONDITIONAL USE WITHIN THE AGRICULTURAL-5 ZONING DISTRICT; AND 0 CREATING SUPPLEMENTAL STANDARDS BY CREATING SECTION 7.10.36 Z 0 TO CONTAIN ACCESS, BUFFERING, DESIGN, AND ADDITIONAL NOTICE CRITERIA FOR PROPOSED CONDITIONAL USE PERMITS; 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 ("LDC"). 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 April 21, 2022, 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 May 17, 2022, this Board held the first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 6. On June 7, 2022, this Board held its second public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. Page 1 Underline is for addition. Strikethreugh is for deletion. Asterisks(***) indicate existing text not shown. 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. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Section 3.01.03, Zoning Districts, of the LDC is amended to add Section 3.01.03(c)(7)(q) as follows: 3.01.03. - Zoning Districts. C. AG-5 AGRICULTURAL - 5. 7. Conditional Uses: q. Recreational vehicle and boat storage facilities subject to the requirements of Section 7.10.36. (999) PART B. Section 7.10.00, Supplemental Standards, of the LDC is amended to add Section 7.10.36 as follows: Section 7.10.36. Recreational vehicle and boat storage facilities In the AG-5 (Agricultural-5) Zoning District Recreational vehicle and boat storage facilities may be authorized as a conditional use if located within 1.5 miles of State Roads 68 & 70 (Orange Avenue and Okeechobee Road) subject to the standards of review set out in Section 11.07.00 and the following supplemental criteria: A. Design Criteria. 1. The Recreational vehicle and boat storage facilities are accessible via a roadway paved to the County's minimum specifications and is subject to the site plan submission requirements of Section 11.02.00. 2 The storage area(s) and all related activity areas shall be screened from all public rights -of -way and any adioining properties at minimum, as follows: Page 2 Underline is for addition. Strikethrough is for deletion. Asterisks (***) indicate existing text not shown. (a) Public right-of-way: A Minimum 30ft. landscape buffer, containing a berm, and screening material consistent with Land Development Code Section 7.09.04. (b) Adioining properties utilized for a residential use: A Minimum 15ft. landscape buffer, including an eight (8) tall opaque wall or fence, with landscaping in accordance with Land Development Code Section 7.09.04. 3 All vehicular use areas shall be paved in accordance with Land Development Code Section 2.00.00 including but not limited to access driveways, interior drive -aisles, and storage spaces for motorized vehicles. An impervious surface may be required for areas offering boat storage to ensure oil drip capture. 4 The site plan shall identify all proposed utilities (water, wastewater, electric), stormwater, lighting refuse collection and similar improvements and provisions for service. 5 All on -site lighting shall be designed to prevent spillover to adjacent properties including motion sensors with no more than 0.25 footcandle of illumination projected onto the abutting right-of-way. 6 Any restricted gate access design shall adhere to Land Development Code Section 7.10.15. 7 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 storage operations including but not limited the hours of business operation and the necessity for security provisions. If limitations are imposed on the hours of operation 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. B. Public Notice Public notice for conditional use permits shall be provided in accordance with Section 11.00.03 however in addition to the requirements set forth in Section 11 00 03 notice shall be provided by mail to all property owners who own real property within one thousand (1,000) feet of the property directly affected by the proposed action whose address is known by reference to the latest ad valorem tax rolls. Notwithstanding the additional mailed notice requirement set forth in this section, in the case of a written protest the conditional use permit application, the provisions of section 11.07.01(C) shall apply. 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. Page 3 Underline is for addition. is for deletion. Asterisks (***) indicate existing text not shown. 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 in the unincorporated area 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 filing with the Department of State. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Sean Mitchell, Chair AYE Frannie Hutchinson, Vice -Chair ABSENT Cathy Townsend, Commissioner AYE Chris Dzadovsky, Commissioner AYE Linda Bartz, Commissioner AYE PART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development 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 re -lettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ENACTED this 7th day of June, 2022. Page 4 Underline is for addition. Strikethreugh is for deletion. Asterisks (***) indicate existing text not shown. Attest: Board of County Commissioners St. Lucie County, Florida Deputy Cler�oI -AN Z m n�F cO�hry, FLOW ' By: 6 Chair Approved As To Form and Correctness: By: Page 5 Underline is for addition. Strikethrough is for deletion. Asterisks (***) indicate existing text not shown. RON DESANTIS CORD BYRD Governor Secretary of State June 23, 2022 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Vera Smith Dear Michelle 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. 2022-12, which was filed in this office on June 22, 2022. Sincerely, Anya Owens Program Administrator ACO/mas R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Chymbee Keith From:Municode Ords Admin <MunicodeOrds@civicplus.com> Sent:Friday, June 24, 2022 7:08 AM To:Chymbee Keith Subject:RE: St. Lucie County, FL Code of Ordinances - 2014(11530) OrdBank SECURITY WARNING: This email originated from outside the County systems. Please show caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. We have received your files. Thank you and have a nice day. Ords Administrator Municodeords@civicplus.com 1-800-262-2633 P.O. Box 2235 Tallahassee, FL 32316 When available, please send all documents in WORD format to Municodeords@civicplus.com. However, if WORD format is not available, we welcome any document format including PDF. svj (she/her/hers) Production Support Specialist Supplement Department • CivicPlus civicplus.com Powering and Empowering Local Governments From: Chymbee Keith <keithc@stlucieco.org> Sent: Wednesday, June 22, 2022 10:34 AM To: Municode Ords Admin <MunicodeOrds@civicplus.com> Cc: Susan Bellamy <BellamyS@stlucieco.org>; Kellie Harris <harriske@stlucieco.org> Subject: St. Lucie County, FL Code of Ordinances - Ordinance No. 22-012 Good Morning, Attached is Ordinance No. 22-012 Government Representing: St. Lucie County Board of County Commissioners Name and/or Title: Chymbee Keith, Legal Assistant Ordinance Number: 22-012 Date Passed: June 7, 2022 Description: Amending Text of the Land Development Code to Allow Recreational Vehicle and Boat Storage Facilities Subject to Supplemental Standards 1 **Please add this ordinance to our “NOW” service** Best regards, __________________________________________________________________ Chymbee Keith | County Attorney’s Office Legal Assistant Ph: 772-462-1422 | 2300 Virginia Ave. Fort Pierce 34982 facebook.com/stluciegov | twitter.com/stluciegov | instagram.com/stluciegov | youtube.com/stluciegov Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 2