HomeMy WebLinkAbout24-001A ORDINANCE No. 2024-1A
FILE NO.: TLDC-2308-000025
AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT
CODE SECTION 4.01.03, HUTCHINSON ISLAND BUILDING HEIGHT
ZONES, TO AMEND THE LEGAL DESCRIPTION OF HUTCHINSON
ISLAND — ZONE A IDENTIFIED IN LAND DEVELOPMENT CODE
SECTION 4.01.03.A, HUTCHINSON ISLAND — ZONE A; PROVIDING
FOR APPLICABILITY AND SEVERABILITY; AND PROVIDING FOR
FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR ADOPTION.
WHEREAS, the Legislature of the State of Florida has, in Chapter 125 — County
Government,Florida Statutes,conferred upon local governments the authority to adopt regulations
designed to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66,Florida
Statutes, St. Lucie County possesses the police powers to enact ordinances in order to protect the
health, safety, and welfare of the County's citizens; and
WHEREAS, this Ordinance is not subject to a business impact estimate pursuant to
Section 125.66(3), Florida Statutes; and
WHEREAS, on August 1, 1990, the Board of County Commissioners adopted the St.
Lucie County Land Development Code; and
WHEREAS,the Board of County Commissioners 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
WHEREAS, the Board of County Commissioners is authorized by Section 125.01(1)(t),
Florida Statues, 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; and
WHEREAS, on January 10, 1995, the Board of County Commissioners adopted
Ordinance No. 95-001 creating Land Development Code Section 4.01.03, Hutchinson Island
Building Height Zones; and
WHEREAS,the Board of County Commissioners has made the following fmdings of fact
and interpretation:
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SAIUINTYLERK OFE24/2024 12.24.52pMCIRCUIT COURT
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i RECORDING: $52 50 ORDINANCE No.2024-1A
Doc Type:ORDN FILE NO.:TLDC-2308-000025
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Findings Figure 4.5e "Map" Controls:
1. On January 10, 1995, the Board of County Commissioners adopted Ordinance No. 95-001,
creating Section 4.01.03, Hutchinson Island Building Height Zones, in the St. Lucie County
Land Development Code.
2. There is a discrepancy between a metes and bounds legal description contained in the text of
the 1995 Ordinance and a graphic boundary depicted on a map contained in the 1995
Ordinance. The apparent discrepancy is at a point where Zone "A" ends and Zone `B" begins
on the sixth Figure 4.5 graphic, which depicts the southernmost portion of South Hutchinson
Island. The discrepancy has existed since the adoption of Ordinance No. 95-001, on January
10, 1995.
3. The area affected by the discrepancy consists of three (3) narrow oceanfront lots, including
the County's Normandy Beach Park access. The effect of the discrepancy is significant
because the building height allowance in Zone "A" is 125-feet and the building height in Zone
"B" is 35-feet.
4. This Board has reviewed the staff report, considered the recommendation of the County
Planning and Zoning Commission, and considered testimony presented at two (2) public
hearings held on December 5, 2023, and on January 9, 2024, and has determined that the
Board of County Commissioners in 1995 intended that map Figure 4.5e within the Land
Development Code controls because:
A. There was no mention of the metes and bounds description in the staff report or the
public hearing meeting minutes. The metes and bounds description may not back any
relevance or bearing on the understanding or intent of the Commissioners.
B. The three (3) lots that are in the area affected by the discrepancy are narrow and long.
The two (2) southernmost lots were vacant in 1995 and have remained vacant. The
northernmost lot is a County Park (Normandy Beach Access) which was in existence
at the time the Board adopted Ordinance No. 95-001. It appears contradictory for the
Board at the time of adoption to include a County Park within Zone A, which would
allow for higher building heights.
C. It is logical that the Board would have "grandfathered" the existing high-rise structures
and limited the boundary of Zone A (125 feet) to the northernmost boundary of the
existing high-rise building.
D. The rule of interpretation in Land Development Code Section 1.06.01 "Rules of
Interpretation — Generally" is not applicable because Land Development Code Section
4.01.02.13 "Hutchinson Island -Building Height Overlay Zone — Generally" provides,
"Such zones are shown on the Hutchinson Island Building Height Overlay Plan as
depicted in Figures 4.5a through_4.5e" (underlining supplied).
This language expresses the Board's intent that Map Figure 4.5e controls.
5. The Board of County Commissioners intends that this Ordinance is a clarification of
Ordinance No. 95-001 adopted on January 10, 1995, and is not intended to impose any new
rule or regulation that did not exist on January 10, 1995.
ORDINANCE No. 2024-1A
FILE NO.: TLDC-2308-000025
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WHEREAS, on October 19, 2023, the Planning and Zoning Commission held a public
hearing on the proposed ordinances, after publishing due notice in the St. Lucie News Tribune on
October 6, 2023, and recommended the Board of County Commissioners consider the adoption of
a proposed ordinance to the St. Lucie County Land Development Code recognizing the metes and
bounds legal description; and
WHEREAS, on November 7, 2023, 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 October 26, 2023, and voted to continue the public hearing to the December 5, 2023,
regularly scheduled meeting; and
WHEREAS, on December 5, 2023, the Board of County Commissioners continued the
November 7, 2023, Public Hearing on the proposed ordinance, after publishing due notice in the
St. Lucie News Tribune on November 22, 2023; and
WHEREAS, on January 9, 2024, the Board of County Commissioners held the second
Public Hearing on the proposed ordinance, after publishing due notice in the St. Lucie News
Tribune on December 22, 2023; and
WHEREAS, the Board has reviewed the staff report, considered the recommendation of
the County Planning and Zoning Commission, reviewed the Department of Community
Development staff reports dated December 14, 1994 and January 3, 1995, ordinances and minutes
from 1994/1995 during the original Planning and Zoning Commissions and Board of County
Commissioners review of the height zones, and considered testimony presented at two (2) public
hearings held on December 5, 2023, and on January 9, 2024, and determined that the Board of
County Commissioners in 1995 intended that map Figure 4.5e within the Land Development Code
controls; and
WHEREAS, the Board has determined that the proposed amendment to the Land
Development Code is consistent with the general purpose, goals, objectives, and standards of the
County's Comprehensive Plan, and are in the best interest of the health, safety, and public welfare
of the citizens of the County.
NOW, THEREFORE, BE IT ORDAINED by the St. Lucie County Board of County
Commissioners that the St. Lucie County Land Development is amended as set forth in the
following amendment, as shown in s#filethfeugk and underline format in Section 2.
SECTION 1. RATIFICATION OF RECITALS. The foregoing recitals are hereby
ratified and confirmed as true and correct and are hereby made a part of this Ordinance.
SECTION 2. This Ordinance specifically amends St. Lucie County Land
Development Code, as follows:
Words in S'Fike th Wgh type are deletions from existing text.
Words in underlined type are additions to existing text.
Asterisks (***) indicate existing text not shown.
ORDINANCE No. 2024-1A
FILE NO.: TLDC-2308-000025
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Note: The Ordinance will change the legal description as set out below:
4.01.03. Hutchinson Island Building Height Zones.
The various zones regulating the maximum building height on Hutchinson Island are hereby established
and specifically defined as follows:
A. Hutchinson Island —Zone A.
North Hutchinson Island:
Those lands lying east of Blue Hole Creek and west of the west right-of-way line for State Road A-1-
A, bounded on the north by a line 2058 feet, more or less, north of and parallel to the south section
line of Sections 10 and 11, Township 34 South, Range 40 East and on the south by a line 1150 feet
north of and parallel to the 1/2 section line of Sections 14 and 15, Township 34 South, Range 40 East;
and,
Those lands lying east of the east right-of-way line of SR A-1-A and west of the Atlantic Ocean,
bounded on the north by the north section line of Section 23, Township 34 South, Range 40 East and
on the south by the north right-of-way line of Shorewinds Drive; and,
South Hutchinson Island.
The south 1550 feet, more or less, of Section 4, Township 36 South, Range 41 East, and the north 437
feet, more or less, of Section 9, Township 36 South, Range 41 East, all lands lying east of SR A-1-A;
and,
Those areas west of SR A-1-A lying between Big Mud Creek on the north and the south line of Section
16, Township 36 South, Range 41 East, more commonly referred as the St. Lucie Nuclear Power
Plant, where the regulations of the Utility (U) zoning district shall apply; and,
That portion of Sections 22, Township 36 South, Range 41 East, more commonly known as Sand
Dollar Villas, Sand Dollar North, and the South Hutchinson Island Wastewater Treatment Plant area;
and,
Those lands lying east of the east right-of-way line for SR A-1-A and west of the Atlantic Ocean,
bounded on the north by the nerth south line of the north 281.2 feet of Section 34, Township 36 South,
Range 41 East and on the south by the Martin County Line.
B. Hutchinson Island —Zone B.
North Hutchinson Island:
Those lands lying east of the Atlantic Intercoastal Waterway and west of the Atlantic Ocean, bounded
on the north by the Indian River County Line and on the south by the Ft. Pierce Inlet, less and
excepting the following:
• Those lands lying east of Blue Hole Creek and west of the west right-of-way line for State Road
A-1-A, bounded on the north by a line 2058 feet, more or less, north of and parallel to the south
section line of Sections 10 and 11, Township 34 South, Range 40 East and on the south by a line
1150 feet north of and parallel to the 1/2 section line of Sections 14 and 15, Township 34 South,
Range 40 East; and,
• Those lands lying east of the east right-of-way line of SR A-1-A and west of the Atlantic Ocean,
bounded on the north by the north section line of Section 23, Township 34 South, Range 40 East
and on the south by the north right-of-way line of Shorewinds Drive; and,
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South Hutchinson Island:
Those lands lying east of the Atlantic Intercoastal Waterway and west of the Atlantic Ocean, bounded
on the north by the Ft. Pierce City Limits and on the south by the Martin County Line, less and
excepting the following:
• The south 1550 feet, more or less, of Section 4, Township 36 South, Range 41 East, and the
north 437 feet, more or less, of Section 9, Township 36 South, Range 41 East, all lands lying
east of SR A-1-A; and,
• Those areas west of SR A-1-A lying between Big Mud Creek on the north and the south line of
Section 16, Township 36 South, Range 41 East, more commonly referred as the St. Lucie
Nuclear Power Plant, where the regulations of the Utility (U) zoning district shall apply; and,
• That portion of Sections 22, Township 36 South, Range 41 East, more commonly known as Sand
Dollar Villas, Sand Dollar North, and the South Hutchinson Island Wastewater Treatment Plant
area; and,
• Those lands lying east of the east right-of-way line for SR A-1-A and west of the Atlantic Ocean,
bounded on the north by the north line of Section 34, Township 36 South, Range 41 East and on
the south by the Martin County Line.
• Those lands lying east of the east right-of-way line for SR A-1-A and west of the Atlantic Ocean,
bounded on the north by the neFth south line of the north 281.2 feet of Section 34, Township 36
South, Range 41 East and on the south by the Martin County Line.
SECTION 3. 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.
SECTION 4. 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.
SECTION 5. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby
directed forthwith to send a certified copy of this Ordinance to the Department of State.
SECTION 6. EFFECTIVE DATE. A certified copy of this Ordinance shall be filed with
the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County
within ten days after enactment by the Board, and this Ordinance shall take effect upon filing with
the Department of State.
SECTION 7. 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.
ORDINANCE No. 2024-1A
FILE NO.: TLDC-2308-000025
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SECTION 8. ADOPTION. After motion and second, the vote on this ordinance was as
follows:
Chair Cathy Townsend
AYE
Vice Chair Chris Dzadovsky
AYE
Commissioner Larry Leet
AYE
Commissioner Linda Bartz
AYE
Commissioner Jamie Fowler
AYE
PASSED AND DULY ADOPTED this 9th day of January, 2024.
ATTEST:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
AS TO FORM AND
ORRECTNESS:
ORDINANCE No. 2024-1A
FILE NO.: TLDC-2308-000025
Page 6 of 6
RON DESANTIS
Governor
CORD BYRD
Secretary of State
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
January 22, 2024
Michelle R. Miller
Clerk & Comptroller
St. Lucie County
2300 Virginia Ave.
Fort Pierce, FL 34982
Dear Michelle Miller,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of the St. Lucie County Ordinance No. 2024-1A, which was filed in this office on
January 22, 2024.
Sincerely,
Matthew Hargreaves
Administrative Code and Register Director
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