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25-037
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5451318 03/07/2025 12:05:15 PM OR BOOK 5279 PAGE 1904-1917 Doc Type:RESO RECORDING: $120.50 RESOLUTION 2025-037 File Number: PNRD-10202126193 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY AMENDING THE OFFICIAL ZONING ATLAS FROM THE IL (INDUSTRIAL, LIGHT) AND RS-3 (RESIDENTIAL, SINGLE-FAMILY-3) ZONING DISTRICTS TO THE PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT) ZONING DISTRICT AND GRANTING A PRELIMINARY PNRD SITE PLAN TO BE KNOWN AS AMERICAN SILICONE ON 3.17 ACRES, LOCATED WEST OF OLEANDER AVENUE, APPROXIMATELY 441 FEET SOUTH OF THE INTERSECTION OF SOUTH MARKET AVENUE AND OLEANDER AVENUE, IN SAINT LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based upon acceptable evidence, including but not limited to the staff report, has made the following determinations: ZONING ATLAS AMENDMENT 1) Kimley Horn, on behalf of American Silicone Corporation, presented a petition for an Amendment to the Official Zoning Atlas from the IL (Industrial, Light) and RS-3 (Residential. Single-family-3) Zoning Districts to the PNRD (Planned Non-Residential Development) Zoning District, for property located west of Oleander Avenue, approximately 441 feet south of the intersection of South Market Avenue and Oleander Avenue, as depicted on the attached map as Exhibit "A" and described in Part "A" below. 2) On December 19, 2024, the St. Lucie County Planning and Zoning Commission held a public hearing on this petition, after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard and recommended that the Board of County Commissioners approve the request for the property described in Part "A". 3) On February 4, 2025, the Board of County Commissioners held a public hearing on this petition after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard. Resolution No. 2025-037 Page 1 File No: PNRD-10202126193 4) The St. Lucie County Development Review Committee has reviewed the Rezone Petition and found it to meet the technical requirements and to be consistent with the St. Lucie County Comprehensive Plan. 5) The proposed zoning change is consistent with the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. PRELIMINARY PNRD SITE PLAN 6) Kimley Horn, on behalf of American Silicone Corporation, submitted a Preliminary PNRD (Planned Non-Residential Development) Site Plan to develop 22,680 square feet of industrial and retail space, with an additional 7,859 square feet of floor area for commercial or industrial space for future tenants, which may include uses from the American Silicone PNRD use chart a depicted on Exhibit "D", for the property depicted in the attached map as Exhibit "A" and described in Part "A" below. 7) On December 19, 2024. the St. Lucie County Planning and Zoning Commission held a public hearing on this petition, after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard and recommended that the Board of County Commissioners approve the request for the property described in Part "A". 8) On February 4, 2025, the Board of County Commissioners held a public hearing on this petition after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard. 9) The St. Lucie County Development Review Committee has reviewed the Preliminary PNRD Site Plan for the project and found it to meet the technical requirements and to be consistent with the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part "C" of this Resolution. 10) The proposed project. with conditions of approval, will not have an undue adverse effect on adjacent property, the character of the neighborhood, Resolution No. 2025-037 Page 2 File No: PNRD-10202126193 traffic conditions, parking, utility facilities or other matters affecting the public health, safety, and general welfare. 11) All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 12) The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 13) The proposed project will be served by the Fort Pierce Utilities Authority for water and wastewater services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: ZONING ATLAS AMENDMENT A. The property on which the Zoning Atlas Amendment, or change in zoning. from the IL (Industrial, Light) and RS-3 (Residential Single-family-3) Zoning Districts to the PNRD (Planned Non-Residential Development) Zoning District is being granted is described as follows: Legal Description: A PARCEL OF LAND LYING WITHIN THE SOUTH ONE-HALF (1/2) OF THE NORTHEAST ONE-QUARTER (1/4) OF SECTION 33, TOWNSHIP 35 SOUTH, RANGE 40 EAST. ST. LUCIE COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER (1/4) OF THE NORTHEAST ONE- QUARTER (1/4) OF SAID SECTION 33. THENCE; NORTH 88°09'16' WEST, ALONG THE NORTH LINE OF THE SOUTH ONE-HALF (1/2) OF THE NORTHEAST ONE- QUARTER (1/4) OF SAID SECTION 33, A DISTANCE OF 692.03 FEET, THENCE, SOUTH 00°22'55" WEST, PARALLEL WITH THE EAST LINE OF SAID SECTION 33, A DISTANCE OF 449.00 FEET OF THE POINT OF BEGINNING, THENCE CONTINUE SOUTH 00°22'55" WEST, A DISTANCE OF 112.25 FEET, THENCE SOUTH 88°09'16" EAST, A DISTANCE OF 600.00 FEET TO THE WEST LINE OF A DRAINAGE RIGHT-OF-WAY: THENCE NORTH 00°22'55" EAST. ALONG SAID RIGHT OF WAY, A DISTANCE OF 112.25 FEET, THENCE. NORTH 88°09'16" WEST, A DISTANCE OF 600.00 FEET TO THE POINT OF BEGINNING. A PARCEL OF LAND LYING WITHIN THE SOUTH ONE-HALF (1/2) OF THE NORTHEAST ONE- QUARTER (1/4) OF SECTION 33, TOWNSHIP 35 SOUTH. RANGE 40 EAST. ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY Resolution No. 2025-037 Page 3 File No: PNRD-10202126193 DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER (1/4) OF THE NORTHEAST ONE-QUARTER (1/4) OF SAID SECTION 33. THENCE NORTH 88°09'16" WEST, ALONG THE NORTH LINE OF THE SOUTH ONE-HALF (1/2) OF THE NORTHEAST ONE-QUARTER (1/4) OF SAID SECTION 33, A DISTANCE OF 692.03 FEET: THENCE SOUTH 00°22'55" WEST, PARALLEL WITH THE EAST LINE OF SAID SECTION 33, A DISTANCE 561.25 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE SOUTH 00°22'55" WEST. A DISTANCE OF 112.25 FEET;: THENCE, SOUTH 88'09'16" EAST, A DISTANCE OF 600.00 FEET TO THE WEST LINE OF A DRAINAGE RIGHT-OF- WAY; THENCE, NORTH 00°22'55" EAST. ALONG SAID RIGHT-OF-WAY EAST, ALONG SAID RIGHT-OF-WAY LINE. A DISTANCE OF 112.25 FEET, THENCE NORTH 88°09'16" WEST. A DISTANCE OF 600.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3.17 ACRES MORE OR LESS. Parcel ID Numbers: 2433-141-0003-000-1 & 2433-141-0004-000-8 B. The St. Lucie County Planning and Development Services Director shall be authorized to amend the Official Zoning Map to change the zoning of the property herein described, from the IL (Industrial. Light) and RS-3 (Residential Single-family-3) Zoning Districts to the PNRD (Planned Non-Residential Development) Zoning District and to make notation of the reference to the date of adoption of this Resolution. PRELIMINARY PNRD SITE PLAN C. Pursuant to 11.02.05(B) of the St. Lucie County Land Development Code, the Preliminary PNRD Site Plan for the project known as the American Silicone is hereby approved, for the subject property described in Part "A" above, as shown on the preliminary site plan drawings for the project, Kimley Horn, dated December 6, 2024, as attached and incorporated herein Exhibit "C" subject to the following conditions: 1) Within 30 days of approval, the applicant and/or property owners shall file a Property Combination Application with the St. Lucie County Property Appraiser Office to combine the project parcels (Parcel ID#s 2433-141- 0003-000-1 & 2433-141-0004-000-8). 2) Within 90 days of development approval, the applicant, property owner, developer, successors, or assigns, shall submit the documents required for a Fee-in-Lieu of sidewalk on Oleander Avenue. If the application is not approved by the Board of County Commissioners, the sidewalks will be Resolution No. 2025-037 Page 4 File No: PNRD-10202126193 required to be constructed after approval of the Site Development Permit and prior to Permit certification. 3) All industrial classified business activities (including deliveries) shall be limited to 7:00 am — 8:00 pm. Contractor Trade operators within commercial space may access their office, equipment, and supplies at all times. 4) No overnight parking of vehicles is permitted in the parking area located in front of the multi-tenant building along Oleander Avenue (Eastern Parking Area). 5) No outdoor manufacturing or storage activities are permitted within the PNRD. 6) Prior to Final Site Plan approval, the architectural plan(s) shall demonstrate compliance with LDC Section 7.10.24 Community Architectural Standards including at least 6 design elements. 7) Prior to Final Site Plan approval, a bicycle rack shall be included in the site plan. 8) Prior to Final Site Plan approval, the project's Traffic Impact Report shall be certified by the St. Lucie County Public Works Director & St. Lucie County's Third-Party Traffic Consultant. 9) Prior to Final Site Plan approval, revise the calculations listed within the tree mitigation plan to reflect the associated data table. a) The data table indicates fifty-nine (59) cabbage palms and 2274" DBH of required tree mitigation, while the calculations list fifty-seven (57) cabbage palms and 2278" DBH of required tree mitigation. b) The data table indicates 194" DBH of preservation credit, while the calculations list 162" DBH of credit. c) The onsite plantings, which amount to 17.5" DBH of credit, may not be rounded up to 18" DBH. 10) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, a 100 percent survey per Florida Fish and Wildlife Conservation Commission (FWC) protocol for gopher tortoises shall be provided. If any construction activities are proposed within 25 ft. of any gopher tortoise burrows, a relocation permit shall also be provided in accordance with FWCC requirements. Resolution No. 2025-037 Page 5 File No: PNRD-10202126193 11) Prior to commencement of development, including but not limited to; clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00., a vegetation removal permit or exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 12) Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. 13) A Site Development Permit is required prior to performing site improvement activities. In accordance with the permit and Land Development Regulations, the applicant shall retain the FOR for site inspections and final certification. D. The Preliminary PNRD Site Plan approvals granted by this Resolution shall expire on February 4, 2027, unless a Final Site Plan approval is obtained, or an extension is granted in accordance with Section 11.02.06(B)(3) of the Land Development Code. E. The developer is advised as part of this approval that the property owner(s), developer, etc., including any successors in interest, shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, and the St. Lucie County Environmental Resources, Public Works, and Building Departments prior to the commencement of any development activities on the property described in Part "A". Issuance of this authorization or permit by the County does not in any way create any rights on the part of the developer to obtain a permit from a State or Federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a State or Federal agency or undertake actions that may result in a violation of State or Federal law. F. The conditions set forth in Part "C" are an integral non-severable part of the preliminary PUD site plan approval granted by this Resolution. If any condition set forth in Part "C" is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this Resolution shall become null and void. G. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B" was signed by the applicant on February 12, 2025. Resolution No. 2025-037 Page 6 File No: PNRD-10202126193 H. A copy of this Resolution shall be mailed to the owner of record as identified on the application. I. This Resolution shall be recorded in the Public Records. J. ADOPTION After motion and second, the vote on this Resolution was as follows: Jamie Fowler, Chair AYE Larry Leet, Vice-Chair AYE James Clasby, Commissioner AYE Erin Lowry, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 4th day of February, 2025. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA {GOMWS& {11,K Gym CHAIR 8 %0 vi ATTEST: �,, , ,or APPROVED AS TO FORM AND t 4(ielE count*mac CORRECTNESS: //d Lekt tY BY: DEPUTY CLERK COUNTY A NEY Resolution No. 2025-037 Page 7 File No: PNRD-10202126193 EXHIBIT "A" (LOCATION MAP) - ' , American Silicone s - . PNRD-10202126193 ,}r- , i) Farmers-Market Rd - Bell--Ave— -J--- -i - - n 1 a - a 1- W I I Subject =z _I , I a . Property \ �— r-- is ` I , 1 rO = -._ - r J-L_ L -::. I i� r F L , Resolution No. 2025-037 Page 8 File No: PNRD-10202126193 EXHIBIT "B" (CERTIFICATE OF CONCURRENCY DEFERRAL) St.Lucie County 'rr 1 �+ (Concurrency Deferral Affidavit r Q/ / / �{ 1,V (0� TdrrC We jes t`{lt(',residing or doing business at I7 'II D(Oanpr 4ta Pen1Pa o e 6�t h fiL 3)14 77.2 ! e41— City / State, Zip Phone have applied for a P!dnnfDt NN'Pe, ..* Q M/ from St.Lucie County,Florida, Type of Development Order for the following project: Al et;Cd/1 )r l r rt(enC Name of Proposed Development I do hereby affirm that in connection with my application for the above project,I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time,but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued,and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucic County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Signed: 41tiize"/ �� l/ Date: 0L112" /z25 Applicant! Alen t STATE OF FLORIDA COUNTY OF�0.uti 4 LUCre The foregoing instrument was acknowledged before me this J 1111 day of Fe hrq ar y ,20)— ,by C lA G 10 who is pasvnaliy known to me or who has produced as identification. "A\ i v � � Lpti› N►(ttel Buric55 Signature of Notary ki Type or Print Name of Notary HCommission Number (Scat) / A Nola?),Public S1W of Florida manor Pmwon Suigesa !".";W%1"'" �•�r Commission NH 33225• Expires t1117l20211 Page l of I Revised: April 1,2008 Resolution No. 2025-037 Page 9 File No: PNRD-10202126193 EXHIBIT "C" (PRELIMINARY PNRD SITE PLAN) gt 1.F 1 II; j yl 714 ..}, . k 1 ; — ' - r' - 5 :: : ,, s pS i _ t63Ri1 i .1 W O 1 al , 2 p { 9 •i di fax'; , ' '{ ay. 11 gg ii � . 5 I 1 g ! a s d 1 1 • © � cti f 1 'R R R F d b ! F r _ rr-" '`' ..i �� ' a! ' 11 •! piq 6E I 1 Yf9ft ° y .t17� . .'.�y _ _. ' �,.�_r it st I y .ki ,. iT. ' I uiiGif liD' ' .;' °a. . ref I i ►.1• �1---,- i'ir: # i � i "mil 4- ,-ki t7 - RA _ --I— - 1 �iI � I�� � f. i ! li a 1 I +4 *_ OLEANDERAVE+- NI;11ffit fJii1j1111fflUIII qp;q, I(-1• a � AAAERICAN3 SILICONE rT �mley>�HornMI n rvw.croF .: g- AMERICANSILICONE SITE PLAN -�- • • •• CORPORATION ..,,3- _- Resolution No. 2025-037 Page 10 File No: PNRD-10202126193 EXHIBIT "D" As Displayed in LDC Sections 3.01.03 Q. 2. (CN Permitted/Conditional), T. 2. (IL Permitted), and SIC Code 3069 (Select Rubber & Plastic/Silicone Product Manufacturing) T. IL INDUSTRIAL, LIGHT. 2. Permitted Uses: a. Business services. (73) b. Communications - including telecommunication towers - subject to the standards of Section 7.10.23. (48) c. Construction services: (1) Building construction - general contractors. (15) (2) Other construction - general contractors. (16) (3) Construction - special trade contractors. (17) d. Engineering, architectural and surveying services. (871) e. Commercial fishing. (091) f. Laundry, cleaning and garment services. (721) g. Local and suburban transit. (41) h. Manufacturing: (1) Food and kindred products. (20) (2) Tobacco products. (21) (3) Textile mill products. (22) (4) Apparel and other finished products. (23) (5) Furniture and fixtures. (25) (6) Printing, publishing and allied industries. (27) (7) Drugs. (283) (8) Leather and leather products. (31) (9) Glass: (a) Flat glass. (321) (b) Glass and glassware - pressed or blown. (322) (c) Glass products - made of purchased glass. (323) (10) Fabricated metal prod. -except machinery and transport. equip.: (a) Metal cans and shipping containers. (341) (b) Cutlery, handtools and general hardware. (342) (c) Heating equipment, except electric and warm air, and plumbing fixtures. (343) (d) Fabricated structural metal products. (344) (e) Coating, engraving and allied services. (347) (f) Miscellaneous fabricated metal products: (1) Wire products. (3495) (2) Misc. fabricated wire products. (3496) (3) Metal foil and leaf. (3497) (4) Fabricated metal products - NEC. (3499) (11) Industrial/commercial machinery and computer equipment: (a) Metalworking machinery and equipment. (354) (b) Special industry machinery, except metalworking machinery. (355) (c) General industrial machinery and equipment. (356) Resolution No. 2025-037 Page 11 File No: PNRD-10202126193 (d) Computers and office equipment. (357) (12) Electronic and other electrical equipment and components, except computer equipment: (a) Household appliances. (363) (b) Electric lighting and wiring equipment. (364) (c) Household audio and video equipment. (365) (d) Communications equipment. (366) (e) Electronic components and accessories. (367) (f) Misc. electrical machinery equipment and supplies. (369) (13) Measuring, analyzing and controlling instruments. (38) (14) Photographic, medical and optical goods. (38) (15) Watches and clocks. (38) (16) Misc. manufacturing industries: (a) Jewelry, silverware, and platedware. (391) (b) Musical instruments and parts. (393) (c) Dolls, toys, games and sporting goods. (394) (d) Pens, pencils, and other office and artists' materials. (395) (e) Costume jewelry, costume novelties, and notions. (396) (f) Brooms and brushes. (3991) (g) Signs and advertising displays. (3993) (h) Morticians goods. (3995) (i) Manufacturing industries, NEC. (3999) (17) Plastic products - fabrication, molding, cutting, extrusion, and injection processing. (308) i. Marinas. (4493) j. Millwork and structural wood members. (243) k. Motion pictures. (78) I. Motor freight transportation and warehousing. (42) m. Repair services: (1) Automotive and automotive parking. (75) (2) Electrical. (762) (3) Watch, clock and jewelry repair. (763) (4) Reupholstery and furniture repair. (764) (5) Misc. repairs and services. (769) n. Retail trade: (1) Lumber and other building materials. (521) (2) Paint, glass and wallpaper. (523) (3) Hardware. (525) (4) Nurseries, lawn and garden supplies. (526) (5) Mobile home dealers. (527) (6) Automotive/boat/RV/motorcycle dealers. (55) (7) Gasoline service. (55) (8) Furniture and furnishings. (57) o. Research, development, and testing services. (873) p. Ship, boat building and repairing - less than forty-five (45) feet. (373) q. Sorting, grading and packaging services - citrus/vegetables. (0723) r. Vocational schools. (824) s. Wholesale trade - durable goods: (1) Motor vehicle and automotive equipment. (501) (2) Furniture and home furnishings.(502) (3) Lumber and other building materials. (503) Resolution No. 2025-037 Page 12 File No: PNRD-10202126193 (4) Professional and commercial equipment/supplies. (504) (5) Metals and minerals except petroleum. (505) (6) Electrical goods. (506) (7) Hardware, plumbing and heating equipment, and supplies. (507) (8) Machinery, equipment, and supplies. (508) (9) Misc. durable goods: (a) Sporting and recreational goods. (5091) (b) Toys and hobby goods. (5092) (c) Jewelry, watches, precious stones and metals. (5094) (d) Durable goods NEC. (5099) t. Wholesale trade - nondurable goods: (1) Paper and paper products. (511) (2) Drugs. (512) (3) Dry goods and apparel. (513) (4) Groceries and related products. (514) (5) Farm products - raw materials. (515) (6) Chemicals, and allied products. (516) (7) Beer, wine, and distilled alcoholic beverages. (518) (8) Misc. nondurable goods: (a) Farm supplies. (5191) (b) Books, periodicals and newspapers. (5192) (c) Flowers, nursery stock and florists' supplies. (5193) (d) Tobacco/tobacco products. (5194) (e) Paints, varnishes and supplies. (5198) (f) Nondurable goods, NEC. (5199) u. Mobile food vendors. (999) v. Single-family detached dwelling units provided that the single-family dwelling unit is located on an existing lot or parcel or record, as further defined in this Code, that was existing on or before August 1, 1990. (999) w. Kennels. Allowed as a permitted use only when the property is surrounded by industrial uses or zoning and is five hundred (500) feet or more from residential uses or zoning. All distance requirements shall be measured from the nearest point of the existing home or area of single-family zoning to the nearest point of the proposed kennel. ly zoning to the nearest point of the proposed kennel. x. Landscape and horticultural services. (078) y. Personal services. (72) Q. CN COMMERCIAL, NEIGHBORHOOD. 2. Permitted Uses: a. Beauty and barber services. (723/724) b. Membership organizations subject to the provisions of Section 7.10.31. (86) c. Depository institutions. (60) d. Laundering and dry cleaning (self service). (7215) e. Real estate. (65) f. Repair services: (1) Electrical repair. (762) (2) Shoe repairs. (725) (3) Watch, clock, jewelry, and musical instrument repair. (7631) g. Retail trade (each building shall be less than 6,000 square feet gross floor area, all uses inclusive): Resolution No. 2025-037 Page 13 File No: PNRD-10202126193 (1) Antiques. (5932) (2) Apparel an accessories. (56) (3) Books and stationery. (5942/5943) (4) Cameras and photographic supplies. (5946) (5) Drugs and proprietary. (5912) (6) Eating places. (5812) (7) Florists. (5992) (8) Food stores. (54) (9) Gifts, novelties, and souvenirs. (5947) (10) Hobby, toy and game shops. (5945) (11) Household appliances. (572) (12) Jewelry. (5944) (13) Newspapers and magazines. (5994) (14) Optical goods. (5995) (15) Nurseries, lawn and garden supplies. (526) (16) Radios, TV's, consumer electronics and music supplies. (573) (17) Sporting goods and bicycles. (5941) (18) Tobacco products. (5993) h. Video tape rental. (784) Low THC and medical marijuana dispensing facility. The facility may not be located within five hundred (500) feet of the real property that comprises a public or private elementary school, middle school, or secondary school. 7. Conditional Uses (Requires Conditional Use Permit): a. Car washes (self service only) -subject to the provisions of Section 7.10.22. (999) b. Day care ;hg;- adult. (8322) - child. (8351) c. Postal services. (4311) 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) Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Drinking places (undistilled alcoholic beverages) accessory to an eating place. (999) Resolution No. 2025-037 Page 14 File No: PNRD-10202126193