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HomeMy WebLinkAbout05-023 "" 1 ORDINANCE NO. 05-023 2 3 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND 4 DEVELOPMENT CODE BY AMENDING SECTION 2.00.00 5 ("DEFINITIONS") TO ADD NEW DEFINITIONS RELATING TO 6 SIDEWALKS AND BIKEWAYS: AMENDING SECTION 7.05.02 7 ("STREETS") BY UPDATING REFERENCES TO ST. LUCIE COUNTY 8 COMPREHENSIVE PLAN. CHANGING REFERENCES TO COMMUNITY 9 DEVELOPMENT DIRECTOR TO GROWTH MANAGEMENT DIRECTOR. 10 PROVIDING FORAPPLlCA TION TO ARTERIAL OR MAJOR COLLECTOR 11 STREETS OR ROADWAYS WITHIN THE UNINCORPORATED AREAS OR 12 ALONG ANY COUNTY MAINTAINED ROADWAY IN THE 13 UNINCORPORATED ARES OF THE COUNTY RATHER THAN THE 14 URBAN SERVICE AREA. AND DELETING THE REQUIREMENT FOR 15 SIDEWALK REQUIREMENT BASED UPON LOT FRONTAGE: AMENDING 16 SECTION 7.05.03 ("RIGHTS-OF-WAY DETERMINATIONS AND 17 DEDICA TIONS.IMPROVEMENTS") BY UPDATING REFERENCES TO ST. 18 LUCIE COUNTY COMPREHENSIVE PLAN. CHANGING REFERENCES 19 TO COMMUNITY DEVELOPMENT DIRECTOR TO GROWTH 20 MANAGEMENT DIRECTOR. AND AMENDING MINIMUM RIGHT-OF-WAY 21 AND TYPICAL SECTION REQUIREMENTS AS SET FORTH IN TABLE 7- 22 15: CREATING SECTION 7.05.04 ("SIDEWALKS AND BIKEWAY") TO 23 ESTABLISH SIDEWALK AND BIKEWAY CRITERIA AND 24 ESTABLISHMENT OF NEW MINIMUM RIGHT OF WAY WIDTHS: 25 AMENDING SECTION 7.05.05 ("DRIVEWAYS") TO PROVIDE FOR THE 26 PUBLIC WORKS DEPARTMENT RATHER THAN THE COMMUNITY 27 DEVELOPMENT DEPARTMENT TO ISSUE A CERTIFICATE OF 28 OCCUPANCY OR FINAL INSPECTION: AMENDING SECTION 7.05.08 29 ("STREET NAMING AND IDENTIFICATION") TO CHANGE THE 30 REFERENCES TO COMMUNITY DEVELOPMENT DIRECTOR TO 31 GROWTH MANAGEMENT DIRECTOR: AMENDING SECTION 7.05.05 32 ("HOUSE AND BUILDING NUMBERS" TO CHANGE THE REFERENCES 33 TO COMMUNITY DEVELOPMENT DIRECTOR TO GROWTH 34 MANAGEMENT DIRECTOR : PROVIDING FOR CONFLICTING 35 PROVISIONS: PROVIDING FOR SEVERABILITY: PROVIDING FOR 36 APPLICABILITY: PROVIDING FOR FILING WITH THE DEPARTMENT OF 37 STATE: PROVIDING FOR AN EFFECTIVE DATE: PROVIDING FOR 38 ADOPTION AND PROVIDING FOR CODIFICATION 39 40 41 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has 42 made the following determination: 43 -1- Y J CLERK OF THE CIRCUIT COURT EDWIN M. FR , r., SAINT LUCIE COUNTY FILE # 2724144 1pOA/OG7E/2~~ ~~~~:3~~ype: ORDN OR BOOK 2385 RECORDING: $103.50 1 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, 2 Florida, adopted the St. Lucie County Land Development Code. 3 4 2. The Board of County Commissioners has adopted certain amendments to the St. 5 Lucie County Land Development Code, through the following Ordinances 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3. On August 16, 2005, the Local Planning Agency/ Planning and Zoning Commission 31 held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie 32 News and the Tribune at least 10 days prior to the hearing and recommended that the 33 proposed ordinance be approved. 34 35 4. On September 6, 2005, this Board held its first public hearing on the proposed 36 ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the 37 Tribune on August 28,2005. 38 39 5. On September 20, 2005, this Board held its second public hearing on the proposed 40 ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the 41 Tribune on September 10, 2005. 42 43 6. The proposed amendments to the St. Lucie County Land Development Code are 44 consistent with the general purpose, goals, objectives and standards of the St. Lucie County 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 96-1 0 - 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 99-04 - August 17,1999 99-05 - July 20, 1999 99-1 5 - July 20, 1999 99-16 - July 02, 1999 99-17 - September 7, 1999 99-18 - November 2, 1999 00-1 0 - June 13, 2000 00-11 - June 13, 2000 00-12 - June 13, 2000 00-13 - 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 04-33- December 7, 2005 05-01- March 15, 2005 05-03- August2,2005 05-04- August 2, 2005 05-07 - January 18, 2005 05-16- August 16, 2005 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Comprehensive Plan 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. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: **************************** CHAPTER II DEFINITIONS **************************** 1.01.01 DEFINITIONS BIKE LANE: A portion of roadway (4-5 feet). which has been designated by signing and pavement markings for the preferential or exclusive use by bicyclists. BIKE WAYS: Any road. path. or way that in some manner is specifically designated as open to bicycle travel. regardless of whether such facility is designated for the exclusive use of bicycles or is to be shared with other transportation modes. MULTI USE PATH: A bikeway (10-12 foot wide) physically separated from the motorized vehicular traffic by an open space or barrier and either within highway right of way or within an independent alignment. Multi use paths may be used by pedestrians. skaters. and ioggers as well as bicyclists. SIDEWALK: That portion of a roadway designed for preferential or exclusive use by pedestrians and non motorized vehicles. UNDESIGNATED BIKE LANE: A bike lane. which is not designated by the diamond. bike and arrow pavement markings. It is striped as a regular bike lane on the approaches to intersections. BICYCLE: A vehicle propelled by human power upon which any person or persons may ride having two tandem wheels. except scooters and similar devices. For the purposes of this code bicycle shall also include unicycles. tricycles and auadracycles. **************************** -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS **************************** 7.05.02 STREETS A. GENERALLY 1-3 No Changes 4. All roads and streets shall be planned in conformity with the Traffic Circulation Transportation Element of the St. Lucie County Comprehensive Plan. 5-9 No Changes 10. All new construction for any arterial orffl8jöf collector street or roadway within the Urban Service Area shall be provided with sidewalks and bicycle paths along one or both sides, as determined by the County Engineer. The County Engineer shall consult the Bicycle/ Pedestrian Coordinator. the St. Lucie Metropolitan Planning Organization Bicycle and Pedestrian Plan or other adopted Bicycle and Pedestrian Plan (September 1995) in determining the location of any sidewalks and bicycle path facilities. 11. All local or minor collector streets or roads, constructed within the Urban Service Area pro'v'iding access to residential de\lelopments that have a mean lot street frontage of 125 feet or less, or nonresidential developments with a mean lot street frontage of 225 feet or less, shall be pro'V'ided w'ith sidew'alks along both sides of the street or road in accordance with the provisions of Chapter 13 of this code. 12. Except as otherwise may be provided in Chapter 13 of this Code, all arterial and major collector street and roadways shall have a minimum travel lane width of 12 feet. In those instances where an open swale drainage system is utilized, a minimum of four five feet of the required shoulder area shall be paved where practical. 13-15 No Changes 7.05.03 RIGHTS-OF-WAY DETERMINATIONS AND DEDICATIONS, IMPROVEMENTS A. ST. LUCIE COUNTY THOROUGHFARE NETWORK RIGHT-OF-WAY PROTECTION PLAN 1 . No Change 2. General -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 The St. Lucie County Thoroughfare Network Right-of-Way Protection Plan shall identify existing and future transportation corridors and transportation facilities, and shall serve as the implementing Section of the Tn~ffjc Circulation Transportation Element of the St. Lucie County Comprehensive Plan. 3. No Change B. REVIEW OF THE THOROUGHFARE NETWORK RIGHT-OF-WAY PROTECTION PLAN The Thoroughfare Network Right-of-Way Protection Plan shall be reviewed by each of the following the Community Development Growth Management Director, County Cngineer Public Works Director, St. Lucie Metropolitan Planning Organization, and the St. Lucie County Board of County Commissioners at least one (1) time every two (2) years to assess the necessity for continuing the protection of the transportation corridors and the necessity for retaining the property acquired for the transportation corridor. If a transportation corridor is determined to be no longer necessary, the transportation corridor shall be removed from the Plan. If a new transportation corridor is determined to be needed, the transportation corridor shall be added to the Plan. Any additions or deletions from this plan shall be accompanied by the appropriate amendments to the Transportation Element of the St. Lucie County Comprehensive Plan. C. MINIMUM RIGHT-OF-WAY AND TYPICAL SECTION REQUIREMENTS The following minimum right-of-way widths (Table 7-15) and typical roadway sections (rig. 7 15) are hereby established in the Traffic Circulation Clement of the St. Lucie County Comprchcnsivc Plan 8ftd shall be used in considering land dedication needs for roadways identified on the Thoroughfare Network Right-of-Way Protection Plan. Table 7-15 ROADWAY TYPE MINIMUM RIGHT OF WAY WIDTH Arterial (6 lane) 200 r'rineipal Arterial Rural 24Z +5e- 160 Arterial/ Collector 4 lane .~ . -. +39 +39 Minor Collector Arterial/ Collector 12 lane) 100 80 SubdivisiM Collector Roads (subdivision feeder 86 fö8ds1 Local Road (w/ swale drainaqe) se 70 Local Road (w/ closed drainaae - curb & autter) 59 60 All distances expressed in feet. Actual dimensions to be site determined and may be greater or less than expressed minimums given speeifie site conditions and specific roadway design requirements. Additional riqht of way will be at the request of the County Enqineer or his desianee. The Board of County Commissioners may modify standard riaht-of-wav widths for -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Planned Unit Development if the intent of the ordinance is beina upheld. D. DETERMINATION OF RIGHT-OF-WAY ALIGNMENT 1. The Thoroughfare Network Right-of-Way Protection Plan is intended to indicate transportation corridors, not precise alignments, and is to be based upon the Right- of-Way Protection Map of the Traffic Circulation Transportation Element of the St. Lucie County Comprehensive Plan. Precise alignments will be determined at the time of development review and/or as a result of detailed alignment studies and surveys. 2. No Change E. DEDICATIONS TO PUBLIC 1. No Change 2. Except as otherwise provided by the Board of County Commissioners, all roads and streets shall be dedicated to the public. Any private roads permitted by the Board of County Commissioners shall be constructed to public road specifications. Construction plan review, construction inspection and required guarantee and surety reviews for private roads shall be as provided by this Code. No arterial or major collector road or street indicated on the future right-of-way maps of the Transportation Traffic Circulation Element of the St. Lucie County Comprehensive Plan shall be permitted to be private. 3. No Change F-H No Change I. RIGHT-OF-WAY DEDICATION REQUIREMENTS 1. General Requirements a. Any applicant for a Development Order for property abutting a roadway designated on the Thoroughfare Network Right-of-Way Protection Plan shall dedicate sufficient land to account for the applicant's proportionate share of the right-of-way deficiency identified in the Thoroughfare Network Right-of-Way Protection Plan for the proposed development. The County Engineer shall determine the applicant's proportionate share by utilizing the Thoroughfare Network Right-of-Way Protection Plan, the Traffic Circulation Transportation Element ofthe St. Lucie County Comprehensive Plan, any traffic information available in the County records, and any traffic analysis submitted by the applicant as part of the development order approval process or otherwise. 2-5 No Change J-K No Change -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 7.05.04 SIDEWALKS AND BIKEWAYS A. Sidewalks 1. All new residential developments required to obtain site plan approval located within the Urban Service Boundary and all new non-residential development located within the unincorporated area of St. Lucie County and within the Urban Service Boundary are required to design and construct sidewalks within the right-of-way of all streets and roadways that abut or lie within the perimeter of the property. 2. New sidewalks must be a minimum of six (6) feet wide along streets classified as collectors and arterials. 3. Local street requirements are based upon local needs and existing conditions. Local streets shall have sidewalks five (5) foot wide along one or both sides of the street as deemed necessary during the County's development review process. 4. All new sidewalks shall be constructed of concrete. brick pavers or other materials acceptable to St. Lucie County. All construction must conform to Florida Department of Transportation and/or St. Lucie County standards. a. All sidewalks on internal private roads shall connect with the sidewalks in the abutting public right-of-way. b. The County Engineer may authorize a modification in sidewalk width to protect existing trees or to accommodate existing utilities. In no case shall sidewalks be less than four feet. c. The Development Review Committee (DRC) as part of the site plan review process shall document any exemption of a development project from constructing specific sidewalk segments based on physical constraints such as proximity to drainage canals or structures where the construction of the particular sidewalk segment would result in a disproportionate burden on the development. d. Sidewalks shall be constructed around the perimeter of a cul-de-sac. e. All sidewalks and ramps shall conform to the latest requirements published in the most recent edition of the Americans With Disabilities Act (ADA) Accessibility Guidelines. f. The developer will bear the cost for design and construction of the sidewalk. Sidewalks on private property must be maintained by the developer. property owner's association or other entity as approved by St. Lucie County through the operation -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 and maintenance covenants of the community. subdivision association or other recognized management entity. St. Lucie County shall maintain all sidewalks located within County maintained public rights-of-way unless otherwise agreed to through specific maintenance agreements. g. Multi-Use Paths (10-12 feet wide) may be required by the County in place of sidewalks when the multi-use path would be part of the adopted area-wide bicycle/ pedestrian system or Greenways & Trails plan. h. The Board of County Commissioners shall authorize total or partial relief from the requirements of sidewalk construction if it finds. after receiving the recommendation of the Development Review Committee and based on conditions peculiar to the proposed development. that the proposed sidewalk construction is not in the best interest of the County. the applicant shall pay a fee-in-lieu to the County for sidewalk and/ or greenways & trails construction. B. Bikeways 1. All new developments within the unincorporated area of St. Lucie County or within municipalities that access County maintained roads and are constructing or reconstructing roads as part of the development shall be required to design and construct bike lanes. Bike lanes shall be constructed and dedicated to St. Lucie County in accordance with the St. Lucie County Public Works Standards. 2. Bike lanes shall be provided on all internal proiect streets and roads that are classified as arterials or collectors. Bike lanes shall be constructed in accordance with the St. Lucie County Public Works Standards. 3. Pavement markings and signage shall comply with the standards established by the Florida Department of Transportation (FDOT) and the Manual on Uniform Traffic Control Devices (MUTCD). 4. Roadways constructed with closed drainage (curb and gutter) shall have a four-foot bike lane. 5. Roadwavs constructed with open drainage (swale) shall have a five-foot bike lane. 6. The construction of a multi-use path adiacent to an arterial or collector roadway internal or external to the development proiect does not relieve or otherwise release the requirement for the provision of bike lanes along said streets or roads. -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 c. Bicycle Racks 1. Bicycle racks shall be required for all non-residential development unless it can be demonstrated that bicycle traffic would not have access to the property per the St. Lucie County Comprehensive Plan Policy 2.2.1.1. Agricultural and Industrial areas shall be exempt from this requirement. Planned Unit Developments (PUD) may be requested to have bike racks as deemed necessary during the development review process based on the proximity of the development to recreation facilities and school bus stops. a. There must be a minimum of six (6) bicycle parking spots. b. Bicycle parking should be located in close proximity to the buildings entrance. c. Bicycle parking facilities shall be located in highly visible well lighted areas to minimize theft and vandalism. d. Bicycle parking facilities shall support bicycles in a stable position without damage to wheels. frame or other components. The standard bicycle rack shall be the Inverted "U" style as pictured below. 22 23 24 25 e. Additional bicycle parking spots may be necessary and reauested 26 during the development review process by the Growth Management Director. 27 28 f. Based on the review of the proposed parking area design. location and 29 security features. the Growth Management Director may reduce the number of required 30 automobile parking spaces by one (1) automobile space for each six (6) bicycle spaces 31 provided. 32 33 34 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 D. Time of Construction 1. All required sidewalks and bikeways shall be constructed in coniunction with the infrastructure for that phase of the development. The developer shall post a bond or other guarantee acceptable to the County as assurance of completion of the improvements in accordance with Section 11.04.00. E. Maintenance 1. Sidewalks and bikeways on private property must be maintained by the developer. property owner's association or other entity as approved by St. Lucie County through the operation and maintenance covenants of the community. subdivision association or other recognized management entity. St. Lucie County shall maintain all sidewalks and bikeways located within County maintained public rights-of-way unless otherwise agreed to through specific maintenance agreements. 6.4.06 DRIVEWAYS A. No Change B. BUILDINGS, BUILDING REGULATIONS No Certificate of Occupancy or final inspection shall be issued by the Community Development Public Works Department until the completed curb cut or driveway has been inspected and approved by the County Engineer. The property owner shall notify the County Engineer upon completion of the curb cut or driveway and at least twenty-four (24) hours prior to the requested inspection. C-D No Changes 7.05.08 STREET NAMING AND IDENTIFICATION A-G No Changes H. AUTHORITY FOR NAMING AND NUMBERING STREETS 1. New streets shall be assigned names or numbers in compliance with the provisions of this Code by the Growth Management Community Development Director. The Growth Management Community De'Ýelopment Director is hereby granted the authority to rename duplicate or similar sounding streets or renumber existing streets to comply with the provisions of this Code. In the case of duplicate names or similar sounding names where one (1) or more streets must be renamed and one (1) street shall retain the name, the Growth Management Community De'v'elopment Director shall consider such factors as -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 the historical significance of the name, the number of years the street has held that name, and the relationship name to the names of adjacent streets. 7. Individuals residing on the street or developers of a subdivision may participate in the naming or renaming process by providing suggestions for street names to the Growth Management Community Development Director. Interested individuals should submit three (3) names with the first choice listed first, second choice listed second, and third choice listed last. The Growth Management Community Development Director shall assign the name after considering the choices provided and verifying compliance with the provisions of this section. I-J No Changes 7.05.09 HOUSE AND BUILDING NUMBERS A 1 No Changes 2. House and building numbers for all residential or commercial uses in the unincorporated areas of St. Lucie County shall only be assigned by the Growth ManaQement Community Development Director, and shall be assigned at the time the building permit is issued. A 3 No Changes B-D 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 conflict 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 beheld 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. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. -11- 1 2 PART E. 3 4 5 6 7 8 PART F. 9 10 11 12 PART G. 13 14 15 16 17 18 19 20 21 22 PART H. 23 24 25 26 27 28 29 30 31 32 .. ""'~;~':~.~:?:"~~ 33 ATTEST: /"'.,(!,f ~;:(::" . ';·"·''\h". 34 /"\ ;~~f(,W~ 37 D puty Clerk ,< '..;< <~":"".~<'.. 38 '~~(.. 3 9 '''~.. '~~"":~::"~";..~~,~J:J'.~' 4:'," 40 41 42 43 44 45 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. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Joseph E. Smith Commissioner Paula A. Lewis Commissioner Chris Craft AYE AYE AYE AYE AYE CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", '~årticle" ., other appropriate word, and the sections of this ordinance may be renumber~~ ientd to accomplish such intention; provided, however, that parts B through H~tf~À~'~¡ ~~'ied. PASSED AND DULY ENACTED this 20th day of sePtemi~~,.: ~, .' J",~;~ ,·ij'~.pJj,¡ ,j." ;f.¡; '.<1;/" (~1'i".i~".' , .r -12-