The URL can be used to link to this page

Home My WebLink About24-010 ORDINANCE No. 2024-10 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 3.01.03. C. AG-5 AGRICULTURAL - 5., SUBSECTION 7. TO ALLOW UTILITY TRADE CONTRACTORS WITH SPECIALTY STORAGE, ENGAGED IN THE CONSTRUCTION OF WATER AND SEWER MAINS, PIPELINES, COMMUNICATIONS AND POWERLINES, SUBJECT TO SUPPLEMENTAL STANDARDS, AS A CONDITIONAL USE WITHIN THE AGRICULTURAL-5 ZONING DISTRICT; AND ADDING UTILITY nA m z n TRADE CONTRACTOR FACILITIES TO SECTION 7.10.36, RECREATIONAL °W°o VEHICLE AND BOAT STORAGE FACILITIES, TO ADDRESS ACCESS, z -'m BUFFERING, DESIGN, AND ADDITIONAL NOTICE CRITERIA FOR • N o 3 PROPOSED CONDITIONAL USE PERMITS; PROVIDING FOR CONFLICTING o-0°o Z m PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR oN`�NO n APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF A 7, STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; ; o AND PROVIDING FOR CODIFICATION. -4 g '6 n m. 13 O n WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board, o based on the testimony and evidence, including but not limited to the staff report, ha Z 0 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 January 18, 2024, 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 February 6, 2024, this Board held the first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. Page 1 Underline is for addition. Strikethrough is for deletion. Asterisks (***) indicate existing text not shown. 6. On February 20, 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. 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. Utility trade contractors, with specialty storage engaged in the construction of water and sewer mains, pipelines, and communication and powerline construction subject to the requirements of Section 7.10.36. (1623) * * * * PART B. Section 7.10.00, Supplemental Standards, of the LDC is amended to modify Section 7.10.36 as follows: Section 7.10.36. Recreational Vehicle, and—Boat Storage, and Utility Trade Contractor Facilities. In the AG-5 (Agricultural-5) Zoning District, Recreational vehicle a+ -boat storage, and utility trade contractor facilities may be authorized as a conditional use, if located within 1.5 miles of State Roads 68 & or 70 (Orange Avenue and or Okeechobee Road), subject to the standards of review set out in Section 11.07.00 and the following supplemental criteria: A. Design Criteria. Page 2 Underline is for addition. Str-ikethrough is for deletion. Asterisks(***) indicate existing text not shown. 1. The Recreational vchicic and boat storagc 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 adjoining properties, at minimum, as follows: (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) Adjoining 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, however alternative surfaces may be considered for utility trade contractor facilities as approved by the Board of County Commissioners through the Conditional Use Permit. Alternative surface materials may include, but are not limited to, asphalt millings, coquina rock, shell rock, and engineered surface products suitable for the expected vehicle loads and frequency of use. 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 Page 3 Underline is for addition. Strikes. through is for deletion. • Asterisks(***) indicate existing text not shown. 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. 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: Cathy Townsend, Chair AYE Chris Dzadovsky, Vice-Chair NAY Linda Bartz, Commissioner AYE Larry Leet, Commissioner AYE Jamie Fowler, Commissioner AYE Page 4 Underline is for addition. Strip is for deletion. Asterisks(***) indicate existing text not shown. 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 20th day of February, 2024. Attest: Board of County Commissioners St. Lucie County, Florida `1. 4 / 1 y GOMM/ss> B . Deputy Cler '' O Chair v ic;: ; . i 0' • �' ' ��. Approved As To Form and (&%couN�y �yo Correctness: / i By: ila C. my Atto illy Page 5 Underline is for addition. ,Strap is for deletion. Asterisks(***) indicate existing text not shown. PLORIDA DEPARTMENVT 0 STATE r RON DESANTIS Governor March 4, 2024 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Michelle Miller, CORD BYRD Secretary of State 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. 2024-10, which was filed in this office on March 1, 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