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Home My WebLink About24-005 ORDINANCE NO. 2024-5 o File No. TLDC-2307-000023 z o K a U FT AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. L a o LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND Y Q o DEVELOPMENT CODE RELATED TO DRY MODEL HOMES, CHAPTER II — W o -I o0 DEFINITIONS, SECTION 2.00.00 — DEFINITIONS; CHAPTER XI — ADMINISTRATION AND ENFORCEMENT, SECTION 11.03.00 — PROCEDURE o o a M FOR PLATTING STANDARDS; PROVIDING FOR CONFLICTING , PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ,Wj APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF z W m o STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION; 1 y o AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including 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 November 16, 2023, the Planning and Zoning Commission acting as the Local Planning Agency 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 December 12, 2023, this Board held the first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 6. On January 9, 2024 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. Underline is for additions. Strikcthrough is for deletion. Ordinance No. 2024-5 Dry Model Homes File No.:TLDC-2307-000023 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida that the St. Lucie County Land Development is amended as set forth in the following amendments, as shown in strikethrough 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 the St. Lucie County Land Development Code, as follows: Words in strike through type are deletions from existing text. Words in underlined type are additions to existing text. Asterisks (***) indicate existing text not shown. CHAPTER II - DEFINITIONS Section 2.00.00. - DEFINITIONS Dry Model Home: a residential structure that shall be constructed in accordance with the ordinances and requirements of St. Lucie County, but which has not connected to some or all utility services. * * * * * CHAPTER XI —ADMININSTRATION AND ENFORCEMENT 11.03.01. Platting Requirements. Section A. & B. Unchanged * * * * * C. Dry Model Construction. The Board of County Commissioners shall by agreement allow a building permit(s)for a maximum of four ('I) up to four (4) or 10% of the subject phase plat's residential units, whichever is greater, to be issued after approval of a Preliminary Record plat and construction plans but before approval of a Final Record Plat, for the construction of"dry models." A dry model agreement, in a form acceptable to the County Attorney, must provide for performance guarantees and a surety in an amount to allow for the removal of the dry model structures in the event of the abandonment or default of the project. In no event, shall the dry model(s) be issued a provided no certificate of occupancy is issued prior to recordation of the Final Plat, utility service verification and completion of necessary infrastructure to support function. Dry model homes are typically oriented to locations Underline is for additions. Strikcthrough is for deletion. Ordinance No. 2024-5 Dry Model Homes File No.:TLDC-2307-000023 Page 3 accessible to primary road access and future utility services. Upon recordation of the Final Plat, the dry model agreement will sunset, and the surety will be released. SECTION 3. 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. SECTION 4. 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. SECTION 5. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable in the unincorporated area of St. Lucie County. SECTION 6. 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. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. SECTION 8. 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. SECTION 9. ADOPTION. After motion and second, the vote on this ordinance was as follows: Cathy Townsend, Chair AYE Chris Dzadovsky, Vice-Chair AYE Larry Leet, Commissioner AYE Underline is for additions. Strikcthrough is for deletion. Ordinance No. 2024-5 Dry Model Homes File No.:TLDC-2307-000023 Page 4 Linda Bartz, Commissioner AYE Jamie Fowler, Commissioner AYE PASSED AND DULY ENACTED this 9' day of January, 2024. Attest: Board of County Commissioners St. Lucie County, Florida .v. el A;A GOMMISS%g By. 1 �►.4-1.e, Depu y Clerk ='� ip . Ch 'r 0Ate v: * Approved As To Form and 0,. 'i ,` Z Correctness: •`Gc/F cou►tr(* By: County Attorn Underline is for additions. Strikcthrough is for deletion. RON DESANTIS CORD BYRD Governor Secretary of State February 28, 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. 2024-5, which was filed in this office on February 28, 2024. Sincerely, Matthew Hargreaves Administrative Code and Register Director MJH/wlh R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270