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HomeMy WebLinkAbout25-006 ORDINANCE No. 2025-6 FILE NO.: TLDC-2409-000037 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. B. AG-2.5 AGRICULTURAL — 2.5., SUBSECTION 7. TO ALLOW, AS A CONDITIONAL USE, UTILITY TRADE CONTRACTORS WITH SPECIALTY STORAGE, ENGAGED IN THE CONSTRUCTION OF WATER AND SEWER MAINS, PIPELINES, COMMUNICATIONS AND POWERLINES, SUBJECT TO SUPPLEMENTAL STANDARDS AND DIMENSIONAL STANDARDS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) ° Z based on the testimony and evidence, including but not limited to the staff report, has • omade the following determinations: re 4; U = a 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, w M° Florida, adopted the St. Lucie County Land Development Code ("LDC"). o C0 z 0, J o O 2. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish. W Z 4S coordinate and enforce zoning and such business regulations as are necessary -▪' ° for the protection of the public: and, w 20-7 J7`rY� J J N O ct 3. This Board is authorized by Section 125.01(1)(t), Florida Statutes, to adopt =z w m o ordinances and resolutions necessary for the exercise of its powers and to VaJ�w 2 O LL°W prescribe fines and penalties for the violations of ordinances in accordance with law. 4. On behalf of Adrian Morales, Riverside Citrus Harvest LLC, the law firm of Dean, Mead, Minton, and Moore, represented by Logan Wellmeier, presented a petition for this Amendment to the Land Development Code to allow Utility Trade Contractors in the AG-2.5 zoning district, subject to Supplemental Standards and Dimensional Criteria. 5. On February 20, 2025, 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. Page 1 Underline is for addition. Strikethrough is for deletion. Asterisks(***) indicate existing text not shown. 6. On April 8, 2025. this Board held the first public hearing on the proposed ordinance. after publishing due notice in the St. Lucie News Tribune. 7. On April 22, 2025 this Board held its second public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 8. 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. B(7)q. as follows: 3.01.03. -Zoning Districts. * * * * B. AG-2.5 AGRICULTURAL -2. 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, Boat Storage, and Utility Trade Contractor Facilities. Section 7.10.36. Recreational Vehicle. Boat Storage, and Utility Trade Contractor Facilities. In the AG-5 (Agricultural-5) Zoning District, Recreational vehicle, 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 or Okeechobee Road). In the AG-2.5 (Agricultural- 2.5) Zoning District, utility trade contractor facilities may be authorized as a conditional use for properties located adjacent to and with direct access to State Roads 68 or 70 (Orange Avenue or Okeechobee Road) with a minimum lot size of four acres and a minimum lot width Page 2 Underline is for addition. Strikethrotigh is for deletion. Asterisks(***) indicate existing text not shown. of 250 feet. Such proposals shall be subject to the standards of review set out in Section 11.07.00 and the following supplemental criteria: 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: Jamie Fowler. Chair AYE Larry Leet, Vice-Chair AYE James Clasby, Commissioner AYE Erin Lowry, Commissioner AYE Cathy Townsend, Commissioner AYE Page 3 Underline is for addition. Strikethrough 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 22ND day of April, 2025. Attest: Board of County Commissioners St. Lucie County, Florida 21A M/ By: Deputy Clerk ?44 �5> C air J ZM * t ate ,, Approved As To Form and • ot`° Correctness: E CouNrO. ' By: County Attorn y Page 4 Underline is for addition. Strikethrough is for deletion. Asterisks(***) indicate existing text not shown. RON DESANTIS Governor CORD BYRD Secretary of State R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 May 9, 2025 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. 2025-6, which was filed in this office on May 9, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp