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HomeMy WebLinkAbout09-007 ORDINANCE N0.09-007 AN ORDINANCE AMENDING CHAPTER 7 OF THE ST. LUCTE COUNTY LAND DEVELOPMENT CODE TO REGULATE STREET ~ TREES; AMENDING SECTION 7.09.02 "APPLICABILITY" TO CLARIFY THAT THE PROVISIONS APPLY TO SINGLE- ~ o FAMILY SUBDIVISIONS; AMENDING SECTION 7.09.03 TO ~ o CLARIFY THAT THE PROVISIONS APPLY TO SINGLE- _ ~ FAMILY SUBDIVISIONS; AMENDING SECTION 7.09.04 TO LL ~ o CLARIFY THAT THE PROVISIONS APPLY TO SINGLE- FAMILY SUBDIVISIONS; FURTHER AMENDING SECTION ~ ~ o o~ 7.09.04 TO REQUIRE LANDSCAPING EVERY TEN PARKING = ~ ~ ; g SPACES INSTEAD OF EVERY FIFTEEN; CHANGING PUBLIC ~ ~ ° a N W N N WORKS DIRECTOR TO ENVIRONMENTAL RESOURCES W ~ ~ M Z SJ~Yp DIRECTOR THROUGHOUT SECTION 7.09.00; PROVIDING W z ~ m o oa~~W FOR CONFLICTING PROVISIONS; PROVIDING FOR y - W ~cn~0~ SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Gommissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 1, 1990, the Board of Gounty Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 March 14, 1991 91-09 May 14, 1991 91-21 November 7, 1991 92-17 June 2, 1992 93-01 February 16, 1993 93-03 February 16, 1993 93-05 May 25, 1993 93-06 May 25, 1993 93-07 May 25, 1993 94-07 June 22, 1994 94-18 August 16, 1994 94-21 August 16, 1994 95-01 January 10, 1995 96-10 August 6, 1996 97-01 March 4, 1997 97-09 October 7, 1997 97-03 September 2, 1997 99-01 February 2, 1999 99-02 April 6, 1999 99-03 August 17, 1999 Underlined passages are added. -1- `~-••wgM~ passages are deleted. 99-04 August 17, 1999 99-05 July 20, 1999 99-05 July 20, 1999 99-015 July 02, 1999 99-16 September 7, 1999 99-018 November 2, 1999 00-10 June 13, 2000 00-011 June 13, 2000 00-12 June 13, 2000 00-013 June 13, 2000 01-03 December 18, 2001 02-05 June 24,.2002 02-09 March 5, 2002 02-20 October 15, 2002 02-29 October 15,.2002 03-05 October 7, 2003 04-02 January 20, 2004 04-07 April 20, 2004 05-07 January 18, 2005 05-013 November 8, 2005 05-16 August 16, 2006 05-023 September 20, 2005 06-17 May 30, 2006 06-01$ May 30, 2006 06-030 September 12, 2006 06-047 December 5, 2006 07-011 February 6, 2007 07-015 May 1, 2007 07-032 November 6, 2007 07-041 September 4, 2007 07-055 November 20, 2007 08-004 March 11, 2008 08-008 June 17, 2008 08-012 September 9, 2008 08-025 September 16, 200$ 09-003 January 20, 2009 09-013 May 19, 2009 3. On April 16, 2009, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. On August 18 2009, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on August 7, 2009. 5. On September 1, 2009, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on August 20, 2009. 6. This Ordinance is intended to clarify existing regulations. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Chapter 7.09.00 "LANDSCAPING AND SCREENING" is hereby amended to read as follows: Underlined passages are added, -2- Neagh passages are deleted. _ 7.09.00 LANDSCAPING AND SCREENING 7.09.01 PURPOSE The purpose of this Section is to set forth regulations for the proper installation and maintenance of landscaping and the preservation of native vegetation that will contribute to air purification, regeneration of oxygen, absorption of water, abatement of noise, glare, heat, and control of erosion, as well as enhance the aesthetic character and value of surrounding neighborhoods and thereby promote the general welfare of the community. Such landscaping would also assist in traffic control, both vehicular and pedestrian. The provisions of the Vegetation and Preservation Section of the Land Development Code (Section 6.00.00) shall supersede the provisions of this Section to the extent of conflict. 7.09.02 APPLICABILITY The landscaping requirements of this Section shall apply to all 14a~t->~s-iele+~ra~ uses, including all requested changes in use, except for those uses interior to a common shopping center or similar multi-user building or structure provided that no additional parking is required, regardless of site plan status;, Landsca~i.na requirements also apply to, at~-~a all residential uses developments, including mobile home parks and subdivisions, single-family subdivisions, Planned Developments, recreational vehicle parks, and multiple-fami ly residential uses. The landscape requirements within residential use developments apply to the rights-of- way common areas and open spaces Within residential use developments, the individual S detached single-family (including individual mobile homes not located in a mobile home park), two-family, and three-family residences must comply only with .Sections 7.09.03 and 7.09.04(I) of this Code. Bona-fide agricultural uses and operations are exempt from the provisions of this Section, except for that portion of the activity involving the retail sale of materials produced on site, and as may otherwise be required by this code. 7.09.03 GENERAL PROVISIONS A. REQUIREMENT FOR LANDSCAPING PLAN A landscaping plan shall be required with all building permit applications associated with any new structural construction or addition to any existing structure, except for those structures that are part of a bona-fide agricultural use or operation, except as may otherwise be specifically addressed by this Code, and that as part of that operation do not involve the retail sale of materials produced on site. The landscape plans for all residential and non-residential uses developments, regardless of site plan status;l includina~ mobile home parks, single-family subdivisions; final Underlined passages are added. -3- ~~eagFt passages are deleted. Planned Development applications, recreational vehicle parks; and multiple-family residential uses shall be prepared, signed and sealed by a registered Florida Landscape Architect, or as may be permitted under Section 481.329, Florida Statutes. Landscape plans prepared for individual detached single-family (including individual mobile homes not located in a mobile home park), two-family, three-family residences, including those within residential use developments, and bona-fide agricultural uses and operations, are exempt from the requirement for signed and sealed landscape plans, except for that portion of any bona-fide agricultural use or operation involving the retail sale of materials produced on site, and as may otherwise be required by this Code. In addition to demonstrating compliance with the other provisions of this Code, all landscaping plans must show the location of all existing and proposed utility lines and rights- of-way. The landscape plans shall indicate the relationship of the proposed landscaping to these utility lines and rights-of-way and shall demonstrate compliance with the other provisions of this Code. The landscape plan shall identi*fy the type and quantity of all plant and tree species to be installed consistent with the provisions of this Code. Prior to the issuance of any certificate of occupancy or other final occupancy/use authorization, the i~+e~oi°kg Environmental Resources Director shall inspect and verify that the landscape plantings on the property are consistent with the approved landscaping plans. B. - E. NO CHANGES 7.09.04 GENERAL LANDSCAPING REQUIREMENTS The following landscaping requirements shall apply to all non-residential and residential uses including but not limited to mobile home parks/subdivisions, single-family subdivisions, recreational vehicle parks, and multi-family residential uses, including all requested changes in use, except for those uses interior to a common shopping center or similar multi-user building or structure provided that no additional parking is required, regardless of whether a site plan is required or not. All development activity shall comply with the provisions of the Vegetation Protection and Preservation of the Land Development Code (6.00.00), which shall supersede the provisions of this Section to the extent of conflict. Existing vegetation may be used towards landscape requirements, in accordance with the guidelines set up in Section 7.09.03(E)(8), with approval from the f~a~-Fie-~#e~ks Environmental .Resources Director. For the purposes of native tree protection, dimensional criteria in this section shall be reasonably flexible, with approval from the Environmental Resources Director. Underlined pnssag_es are added. -4- rg~r passages are deleted. A. REQUIRED LANDSCAPING ADJACENT TO PUBLIC OR PRIVATE .STREET OR ROAD RIGHTS-OF-WAY The area between any building, off-street parking area or other vehicular use area abutting a street or road right-of-way, shall be designed and landscaped as follows: 1. A strip of land at least fifteen (15) feet in depth shall be located abutting street or road right-of-way and shall be landscaped to include one (1) tree for each thirty (30) linear feet of abutting right-of-way or major fraction thereof to be planted as far away from the right-of-way line as to allow for the installation maintenance repair or replacement of water/wastewater infrastructure. In addition, a hedge, wall or other durable landscaping. barrier shall be placed along the interior perimeter of this required landscape strip. 2. All property lying between the right-of-way and any off-street parking or other vehicular use area outside the required landscape strip shall be landscaped with a least grass or other ground cover. 3. Landscaping shall be designed so that it will not interfere with the function of utility easements. 4. Necessary accessways from the public right-of-way through all such landscaping shall be permitted to service the principal use, parking or other vehicular use areas. 5. Noncontinuous landscaped earthen berms may be used in con junction with the planting of a continuous hedge provided that the intent of the visual barrier created by the hedge is maintained. Maximum slope ratios for all earthen berms shall be no greater than 3:1. 6. Fences, wal Is or other Simi (ar barriers, whether they are constructed of opaque materials or not, may be located in any required yard, consistent with the provision for Section 8.00.00 of this Code. All required perimeter landscaping shall be located on the outside (street side) of the wall or fence. Any brick, masonry, stockade or similarly constructed wall adjacent to a public or private street right-of-way shall be designed and constructed so that the wall fae-e facing the street or road is articulated in such manner as not to result in a continuous flat wall surface facing the street or road right-of-way. Figure 7-31 generally depicts the placement of a fence or wall along a public or private street right- . of-way. Pedestrian and vehicular access through any wall or fence is ~ permitted, however the wall or fence shall be placegd so that adequate sight distance at any vehicular or Underlined passages are added. -5- ~eagl~ passages are deleted. pedestrian access is maintained. It shall be the responsibility of the property owner to maintain all landscaping along the outside edge of any fence or wall consistent with the requirements of this Code. B. NO CHANGES C. PARKING AND OTHER VEHICULAR USE AREA INTERIOR LANDSCAPING 1. Generally Surface parking and other vehicular use areas shall have at least one (1) square foot of interior landscaping for eae~t every eighteen (18) square feet or major fraction thereof of off-street parking and vehicular use area. Each separated landscaped area shall contain a minimum of one hundred eighty (180) square feet and shall have a minimum width of at least ten (10) feet and shall include at least one (1) shade tree of an appropriate species. with the remaining area adequately landscaped with shrubs, ground cover, or other authorized landscaping material not to exceed three (3) feet in height. Properties that are designated Tndustrial Extraction (IX), and Utilities (U) wi II be exempt from any parking area interior landscaping requirements and only need to provide interior landscaping for any required parking/access aisle areas. A II other vehicular use areas are exempt from the interior landscaping requirements. 2. Vehicle Encroachments into Landscaped Areas The front of a vehicle may not encroach upon any landscaped area. Two (2) feet of the required depth of each parking space abutting art a landscaped area may be planted in extra grass or ground cover provided that a suitable motor vehicle stop is provided. 3. Terminal Landscape Islands Each row of parking stalls shall be required to end in a landscaped island which shall measure no less than ten (10) feet in width,. or less than fifteen (15) feet in length. At least one shade tree of an ap~ro~riate species shall be provided for each terminal island. 4. Interior Landscape Areas No more than #r#~eerrten 10 parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of one hundred eighty (180) square feet for a single row of parking or four hundred square feet for a double row of Underlined passages are added. -6- ~agkt passages are deleted. parking. The number of continuous parking places and the minimum required distance may be altered to accommodate existing trees. Each interior landscaped area shall have a minimum width of ten (10) feet. One (1) shade tree of an appropriate species shall be provided for each interior island. 5. Curbing All terminal landscaped islands and interior landscaped areas shall be surrounded with a continuous raised, nonmountable curb in accordance with the specifications for public works of St. Lucie County as identified in Chapter 13 of this Code. 6. Median Landscaping a. A linear landscape median between two abutting rows of parking may be used to satisfy, in part, the requirements of this Section relative to interior landscaping. Terminal islands are required as described in Section 7.09.04(C)(3). b. A landscaped parking lot median must be a minimum of eight (8) feet in width and provide for the planting of at least one shade tree of an appropriate species for every thirty linear feet of median length or fraction thereof. All parking lot median landscaped areas shall be protected with a continuous, raised, nonmountable curb in accordance with the specifications for public works of St. Lucie County as identified in Chapter 13 of this Code. 7. Reserved Parking Area Landscape Requirements (7.06.02 (B) (4)) Where, in the determination of the Growth Management Director, in consultation with the Environmental Resources Director, the required number of parking and loading spaces is excessive for a specific use, the owner or agent may substitute landscaping in lieu of paving provided said areas are reserved for future parking and loading should the County find those are needed, and further provided: a. The owner of the land upon which such parking is being reserved shall enter into a written agreement with the County,_ #a The agreement shall be filed with the Clerk of the Circuit Court, with enforcement running to the County ensuring that the reserved parking and loading area shall never be encroached upon, used, sold, leased, or conveyed, for any purpose except in conjunction with the building or use which the reserved parking area serves so long as the off-street parking facilities are required. The Underlined passages are added. '7- S#rae~t-~k+°eag~t passages are deleted. agreement shall include a schematic portrayal as to how the required parking and loading areas will be provided. b. The owner of the land upon which such reserved parking and. loading area is located agrees to bear the expense of recording the agreement which shall bind his heirs, successors, or assigns. c. The written agreement shall be voided by the County if the reserved parking and loading area is converted to usable parking area or if the reserved parking area is no longer required. d. Na handicapped parking areas may be included within a reserved parking area. D. through O. NO CHANGES PART B. 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 conf lict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. 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 D. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and 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 E. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. Underlined Passages are added. S#raelt-#krreagMr passages are deleted. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Paula A. Lewis -AYE Vice Chair Chnrles Grande AYE Commissioner Doug Coward AYE Commissioner Chris Craft AYE Commissioner Chris Dzadovsky AYE PART G. 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, ar other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through G shall not be codified. PASSED AND DULY ADOPTED this 1st day of September, 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA eY: Deput , ~ Chair ~ q 44'1 ' ~ APPROVED AS TO FORM AND ~ ~ ~ a.= ~ t# ~ ~ ~ ~ f CORRECTN ~ BY: ~ , ~ ti3 ~rrv~='" ~ . ~ County o ney ,r~ v n ~m1 ~ f~ ~.r Underlined passages are added. -9- ~#rae~hreagkr passages are deleted.