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Home My WebLink About22-011 Ao-ntn3 n,mnA °Ost1m zc0oCm p'ochmz ORDINANCE No. 2022-11 c0 w 0 3 FILE NO.: TLDC-2202226310 g m A?A N.< O n AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. W N m LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND m o DEVELOPMENT CODE, SECTION 3.01.03. Q. CN. COMMERCIAL A m NEIGHBORHOOD, SUBSECTION 7. D. TO ALLOW AUTO/HOME SUPPLY 0 STORES, NOT TO EXCEED 10,000 SQ. FT., HARDWARE AND NEW 3 0 HOUSEHOLD APPLIANCE STORES BETWEEN 6,001 AND 10,000 SQ. FT., o 0 EACH WITH HOURS OF OPERATION STANDARDS, AS CONDITIONAL USES Z ° WITHIN THE COMMERCIAL NEIGHBORHOOD 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 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. 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 Page 1 Underline is for addition. Strip is for deletion. 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 Q.(7)(q) as follows: 3.01.03.-Zoning Districts. Q. CN COMMERCIAL, NEIGHBORHOOD * * * * 7. Conditional Uses: a. Car washes (self-service only) — subject to the provisions of Section 7.10.22 (999) b. Day care;- adult. (8322)— child. (8351) c. Postal service (4311) d. Retail trade: (1) Gasoline services —accessory to retail stores under SIC-5411. (999) (2) Unstilled alcoholic beverages accessory to retail of food. (5921- Except for liquor) (3) Auto/Home supply stores, not to exceed 10,000 sq. ft. in floor area, offering retail sale of new automobile batteries, parts, and accessories, excluding tire dealers, with the hours of operation limited from 7:00am to 8:00pm. (5531) (4) Hardware Stores between 6,001 and 10,000 sq. ft. in floor area with hours of operation limited from 7:00am to 8:00pm. (5251) (5) Household Appliance Stores dealing in primarily new appliances between 6,001 and 10,000 sq. ft. with the hours of operations limited from 7:00am to 8:00pm. (5722) 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 Page 2 Underline is for addition. Striketkreagh is for deletion. 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. 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 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 7th day of June, 2022. Page 3 Underline is for addition. Strike# eugh is for deletion. Attest: Board of County Commissioners St. Lucie County, Florida By: �-- P. ?2&ct .. Deputy Clerk .4V1 CO4f4. Chair o : W'..". ‘' 41. O .4 4•141 m 0 o414'rr,Foae)/' Approved As To Form and Correctne . 14,,d,By: i- County At .r - Page 4 Underline is for addition. S#ikethretg#is for deletion. i 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. 2022-11, which was filed in this office on June 23, 2022. Sincerely, Anya Owens Program Administrator ACO/mas R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Rafaela Mendez From:Municode Ords Admin <MunicodeOrds@civicplus.com> Sent:Monday, June 27, 2022 4:55 PM To:Rafaela Mendez Subject:RE: St. Lucie County, FL Code of Ordinances - 2014(11530) OrdBank, St. Lucie County, FL Land Development Code - 2009(14641) 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 file. Thank you and have a nice day, Ords Administrator • CivicPlus 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. ems civicplus.com Powering and Empowering Local Governments From: Rafaela Mendez <mendezr@stlucieco.org> Sent: Thursday, June 23, 2022 2:11 PM To: Municode Ords Admin <MunicodeOrds@civicplus.com> Cc: Susan Bellamy <BellamyS@stlucieco.org>; Kellie Harris <harriske@stlucieco.org>; Chymbee Keith <keithc@stlucieco.org> Subject: St. Lucie County, FL Code of Ordinances - Ordinance No. 22-011 You don't often get email from mendezr@stlucieco.org. Learn why this is important Good afternoon, Attached is Ordinance No. 22-011 Government Representing: St. Lucie County Board of County Commissioners Name and/or Title: Rafaela Mendez, Legal Secretary Ordinance Number: 22-011 Date Passed: June 7, 2022 1 Description: Amending Text of the Land Development Code to allow Auto/Home supply stores and Hardware Stores between 6,001 and 10,000 sq.ft. and Household Appliance Stores not to exceed 10,000 sq.ft. in floor area, as an eligible Conditional Use in the CN Zoning District. **Please add this ordinance to our “NOW” service** Best regards, __________________________________________________________________ Rafaela Mendez | County Attorney’s Office Legal Secretary Ph: 772-462-1441 | 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