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Home My WebLink About24-019 ( MICHELLE R.MILLER,CLERK OF THE CIRCUIT COUR1 SAINT LUCIE COUNTY FILE# 5381070 09/03/2024 12:30:24 PM DR BOOK 5200 PAGE 2156-2159 Doc Type:ORDN RECORDING: $35.50 ORDINANCE NO. 2024-19 File No. TLDC-2310-000028 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.LUCIE COUNTY,FLORIDA,AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE TO ADD FOOD STORES TO THE LIST OF CONDITIONAL USES IN THE COMMERCIAL NEIGHBORHOOD ZONING DISTRICT, CHAPTER III — ZONING DISTRICTS, SECTION 3.01.03.Q.7.D.; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION; 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 March 21, 2024, 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 May 7, 2024, this Board held the first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 6. On June 4, 2024, this Board held the 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. Strikcthrou^I" is for deletion. Ordinance No.2024-19 Food Store as Conditional Use in CN Zoning File No.: TLDC-2310-000028 Page 2 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: Section 3.01.03. — Zoning Districts Subsections (A) — (P) Unchanged (Q) CN COMMERCIAL NEIGHBORHOOD. Subsections 1 - 6 Unchanged 7. Conditional Uses: Subsections 1 - 6 Unchanged 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 ten thousand (10,000) square feet in floor area, offering retail sale of new automobile batteries, parts, and accessories, excluding tire dealers, with the hours of operation limited from 7:00 a.m. to 8:00 p.m. (5531) (4) Hardware stores between six thousand one (6,001) and ten thousand (10,000) square feet in floor area with hours of operation limited from 7:00 a.m. to 8:00 p.m. (5251) (5) Household appliance stores dealing in primarily new appliances between six thousand one (6,001) and ten thousand (10,000) square feet with the hours of operations limited from 7:00 a.m. to 8:00 p.m. (5722) (6) Food Stores between six thousand one (6,001) and fifteen thousand (15,000) square feet in floor area on a parcel of at least four (4) acres with hours of operation limited from 7:00 a.m. to 9:00 mrn and which stocks an array of fresh meats/proteins, fruits, and vegetables. (5411) Underline is for additions. StFik thFe ,..h is for deletion. Ordinance No. 2024-19 Food Store as Conditional Use in CN Zoning File No.: TLDC-2310-000028 Page 3 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 Linda Bartz, Commissioner AYE Jamie Fowler, Commissioner AYE Underline is for additions. StFikethF9Wg4 is for deletion. PASSED AND DULY ENACTED this 4th day of June, 2024. Attest: Deputy Ordinance No. 2024-19 Food Store as Conditional Use in CN Zoning File No.: TLDC-2310-000028 Page 4 Board of County Commissioners St. Lucie County, Florida r� B � � air Approved As To Form and Correctness• By:o. :2y L' Underline is for additions. StFikethp w " is for deletion. RON DESANTIS Governor CORD BYRD Secretary of State R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 August 27, 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 St. Lucie County Ordinance No. 2024-19, which was filed in this office on August 27, 2024. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/wlh