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HomeMy WebLinkAbout94-021 1 ORDINANCE NO. 94-021 ca z ro• c4 2 1 Z 0 4 • m a 5 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND • m 6 DEVELOPMENT CODE BY PROVIDING FOR AMENDMENT TO SECTION i.._ .. g 7 3 .01.03 (AA) , HIRD, HUTCHINSON ISLAND RESIDENTIAL o 0 8 DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ICJ' I•4- 9 APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT I. w n 10 OF STATE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING `G' U1n 11 FOR ADOPTION; AND PROVIDING FOR CODIFICATION. U1x 12 CON " 13 K, 10 ,- F14 WHEREAS, the Board of County Commissioners of St. Lucie 'ON m 15 County, Florida, has made the following determination: ?'' 0 16 X n ct 17 • � 0 • 18 1 . On August 1, 1990, the Board of County Commissioners of rF 19 St. Lucie County, Florida, adopted the St. Lucie County W n 820 Land Development Code. 00 21 x r,. 22 2 . The Board of County Commissioners has adopted certian 23 amendments to the St. Lucie County Land Development Code, U fi C) 24 through the following Ordinances tO N • � 25 26 Ord No./Appv Date Ord No./Appv Date n 2 7 �• 28 91-03 March 14 , 1991 91-09 May 14 , 1991 'tin 29 91-21 November 7, 1991 92-17 June 2 , 1992 > o 30 93-01 February 16, 1993 93-03 February 16, 1993 tliri, 31 93-05 May 25, 1993 93-06 May 25, 1993 �,•C 32 93-07 May 25, 1993 94-07 June 22, 1994 33 94-18 August 16, 1994 g 34 A 35 3 . On July 21, 1994 , the Local Planning Agency/Planning and N 36 Zoning Commission held a public hearing on the proposed 37 ordinance after publishing notice in the Port St. Lucie 38 News at least 15 days prior to the hearing and 39 recommended that the proposed ordinance be approved. 40 41 4 . On August 2, 1994 , this Board held its first public 42 hearing on the proposed ordinance, after publishing a 43 notice of such hearing in the Port St. Lucie News on July 44 27 , 1994 . 45 Double Underline is for addition Strike Through is for deletion �,3.40# T i u 00 indicates recommended modifications by LPA/Planning and Zoning Commission Ordinance 94-021 Page 1 PRINT DATE: 7/13/94 0 1 5 . On August 16, 1994, this Board held its second public 2 hearing on the proposed ordinance, after publishing a Cp 3 notice of such hearing in the Port St. Lucie News on 4 Augsut 10, 1994 . 5 6 6 . The proposed amendment to the St. Lucie County Land 0 7 Development Code is consistent with the general purpose, t0 8 goals, objectives and standards of the St. Lucie County 9 Comprehensive Plan and is in the best interest of the 10 health safety and public welfare of the citizens of St. 11 Lucie County, Florida. 12 > 13 a 14 NOW, THEREFORE, BE IT ORDAINED by the Board of County 15 Commissioners of St. Lucie County, Florida: 16 17 A 18 PART A. (.) 19 20 SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE 21 CAUSING THE CODE TO READ AS FOLLOWS, INCLUDE: 22 23 24 ******************************** 25 26 CHAPTER III 27 ZONING DISTRICTS 28 29 3.00.00 ZONING DISTRICTS 30 31 3 .01.03 ZONING DISTRICTS 32 33 AA. HIRD HUTCHINSON ISLAND RESIDENTIAL DISTRICT 34 35 2 . Intent of Application 36 37 a. It is the intent of the Board of County Commissioners 38 that HIRD shall apply to all multi-family residential 39 property in the unincorporated areas of North and South 40 Hutchinson Island. 41 42 b. No application for an amendment to this code, shall be 43 accepted which proposes to change the zoning Double Underline is for addition Strike Through is for deletion i3E 00g0 00 indicates recommended modifications by LPA/Planning and Zoning Commission Ordinance 94-021 Page 2 PRINT DATE: 7/13/94 1 classification of any land on North or South Hutchinson 0 2 Island to a classification other than to: Hutchinson 3 Island Residential District (HIRD) ; Planned Unit 0 4 Development (PUD) ; Planned Non-Residential Development 5 (PNRD) ; Planned Mixed Use Development (PMUD) ; Utilities 0 6 (U) ; Institutional (I) ; Religious Facilities (RF) ; any 7 Residential, Estate (RE-1 or RE-2 ) or any Residential, 0 8 Single Family (RS-2 , RS-3, RS-4 ) zoning district. Any 0 9 residential development on North or South Hutchinson N 10 Island must be consistent with Paragraphs 4 , 5, 6, 7 , 8 A 11 and 9 of this Section. 12 b 13 > 14 (paragraphs 3 through 6 - no change) m 15 16 N 17 7 . Residential Densities Si 18 liN 19 b. Existing Uses A 20 21 Any structure, project or use that exceeds the applicable 22 maximum residential density set forth in paragraph (a) of 23 this subsection or the maximum building height set forth 24 in paragraph 11 (b) (2 ) of this section, shall not be 25 subject to the provisions of this subsection but shall be 26 considered an existing conditional use under Section 27 11 . 07 . O5 (G) if and only if: 28 29 ( 1 ) The structure, project, or use has been occupied or 30 constructed, or has received a building permit, 31 site plan, or other County development approval 32 prior to July 12, 1984 ; and 33 34 (2 ) Development of the structure, project, or use is 35 completed within all applicable approval periods 36 and time limits. 37 38 No change or alteration of an existing conditional use as 39 defined in this paragraph shall be permitted if the 40 change or alteration would allow a residential density 41 exceeding that set forth in the building permit, site 42 plan, or other County development approval for such 43 existing conditional use. 44 45 ************************** Double Underline is for addition Strike Through is for deletion T sl 7 3gua00 indicates recommended modifications by LPA/Planning and Zoning Commission Ordinance 94-021 Page 3 PRINT DATE: 7/13/94 1 2 PART B. CONFLICTING PROVISIONS. 0 3 4 Special acts of the Florida legislature applicable only to p 5 unincorporated areas of St. Lucie County, County ordinances and 0 6 County resolutions, or parts thereof, in conflict with this 7 ordinance are hereby superseded by this ordinance to the extent of O 8 such conflict. 9 10 11 PART C. SEVERABILITY. 12 13 If any portion of this ordinance is for any reason held or 14 declared to be unconstitutional, inoperative, or void, such holding a 15 shall not affect the remaining portions of this ordinance. If this 16 ordinance or any provision thereof shall be held to be inapplicable 17 to any person, property, or circumstance, such holding shall not 18 affect its applicability to any other person, property, or 19 circumstance. 20Ul 21 22 PART D. APPLICABILITY OF ORDINANCE. 23 24 This ordinance shall be applicable throughout St. Lucie 25 County's jurisdiction. 26 27 28 PART E. FILING WITH THE DEPARTMENT OF STATE. 29 30 The Clerk be and is hereby directed forthwith to send a 31 certified copy of this ordinance to the Bureau of Administrative 32 Code and Laws, Department of State, The Capitol, Tallahassee, 33 Florida 32304 . 34 35 36 PART F. EFFECTIVE DATE. 37 38 This ordinance shall take effect upon adoption of the Board of 39 County Commissioners. 40 41 42 PART G. ADOPTION. 43 44 After motion and second, the vote on this ordinance was as 45 follows: Double Underline is for addition Strike Through is for deletion Slga'00400 # g indicates recommended modifications by LPA/Planning and Zoning Commission Ordinance 94-021 Page 4 PRINT DATE: 7/13/94 1 Chairman Havert Fenn AYE 2 3 Vice Chairman Denny Green AYE Z 4 w 5 Commissioner R. Dale Trefelner AYE 0 6 N 7 Commissioner Judy Culpepper AYE 8 0 9 Commissioner Cliff Barnes AYE 0 10 N 11 A 12 PART H. CODIFICATION. 13 qi 14 Provisions of this ordinance shall be incorporated in the St. 15 Lucie County Land Development Code, and the word "ordinance" may be 0 16 changed to "section" , "article" , or other appropriate word, and the 17 sections of this ordinance may be renumbered or relettered to Fs 18 accomplish such intention; provided, however, that parts B through J 19 H shall not be codified. 14 20 CI1 21 22 23 PASSED AND DULY ENACTED this 16th day of August, 1994 . 24 25 26 27 BOARD OF COUNTY COMMISSIONERS 28 ATTEST: ST. LUCIE COUNTY, FLORIDA 29 30 31 r . 32 BY: Y&A ' iiIK ., 33 "'c ARK CHAIR I N 34 ,''��''-° z) " < 35 ,` ,�.. ':t '< 36 "6 `t"•' •cry APPROVED AS TO FORM AND 37 - .. :A'.•' ;'p4 CORRECTNESS: 38 i. 39 /U/F c�,sto• 4. 40 �114-A-":4211-- 41, 41 •. A" "COUNTY ATTORNEY 42 43 44 i g DJM OR94-21a(rr) Double Underline is for addition striY_o Through is for deletion m0043400000 indicates recommended modifications by LPA/Planning and Zoning Commission Ordinance 94-021 Page 5 PRINT DATE: 7/13/94