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ORDINANCE NO. 03-005
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE BY AMENDING SECTION 7.01.03, PLANNED
UNIT DEVELOPMENT, STANDARD5 AND REQUIREMENTS, BY
AMENDING PARAGRAPH I, OPEN SPACE STANDARDS, TO
PROVIDE FOR CLARIFICATION OF STANDARDS APPLICABLE TO
AREAS OF THE UNINCORPORATED COUNTY WITH A FUTURE
LAND USE DESIGNATION OF AGRICULTURAL, RESIDENTIAL AND
MIXED USE; BY CREATING NEW PARAGRAPH K CLUSTERING OF
DEVELOPMENT AND BY PROVIDING FOR GENERAL PARAGRAPH
RENUMBERING WITHIN THIS SECTION; PROVIDING
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH
THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR
CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determination:
On August 1, 1990, the Board of County Commissioners of St. Lucie
County, Florida, adopted the St. Lucie County Land Development Code.
The I~oard 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 - N~ay 14, 1991
91-Zl November 7, 1991 92-17 - June 2, 1992
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Ordinance ¢¢03-005
Fi
Page 1
PRINT bATE: 10/07/03
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93-01 February 16, 1993 93-03 - February 16, 1993
93-05 AA~y 25, 1993 93-06 - May 25, I993
93-07 AAoy 25, 1993 94-07 - `Tune 22, 1994
94-18 August 16, 1994 94-21 - August 16, 1994
95-01 `Tonuory t0, 1995 96-10 - August 6, 1996
97-01 AAorch 4, 1997 97-09 - October 7, 1997
97-23 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 ,Tuly 20, 1999
99-15 - ,Tuly 20, 1999 99-16 ,Tuly 20, 1999
99-17 - September 7, 1999 99-18 November 2, 1999
00-10 - ,Tune 13, 2000 00-11 ,Tune 13, 2000
00-12 - ,Tune 13, 2000 00-13 ,Tune 13, 2000
01-03 - December 18, 2001 02-05 ,Tune 2§, 2002
02-09 - AAorch 5, 2002 02-20 October 15, 2002
02-029 - October 15, 2002
On August 19, 2003, the Local Planning Agency/Planning and Zoning
Commission held a public hearing on the proposed ordinance after
publishing notice in the Port St. Lucie News and the Tribune at least 10
days prior to the hearing and recommended that the proposed ordinance
be approved.
On September 16, 2003, this Board held its first public hearing on the
proposed ordinance, after publishing o notice of such hearing in the Port
51. Lucia News and the Tribune on September 5, 2003.
On October 7, 2003, this Board held its second public hearing on the
proposed ordinance, often publishing a notice of such hearing in the Port
51. Lucie News and the Tribune on September 25, 2003.
The proposed amendments to the St. Lucie County Land Development
Code ore consistent with the general purpose, goals, objectives and
standards of the 51. Lucia County Comprehensive Plan and ore in the
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Ordinance #03-005 Page 2
Final PI~I~NT DATE: 10/07/03
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best interest of the health safety and public welfare of the citizens of
St. Lucia County, Florida.
NOW, THEREFORE, BE ]:T ORDATNED by the Board of County Commissioners of St. Lucie
County, Florida:
PART A.
THE SPECIFIC AMENDMENT5 TO THE ST.
CODE TO READ A5 FOLLOWS, TNCLUbE:
7.01.00
7.01.03
LUCZE COUNTY LAND DEVELOPMENT
CHAPTER
DEVELOPMENT DES]:6N AND
]:MPROVEMENT STANDARD5
PLANNED UNTT DEVELOPMENT
STANDARD5 AND REC~U:ZREMENT5
Paragraphs A through H - No Change
OPEN 5PACE STANDARD5
A Planned Unit Development that is proposed in any Residential, Conservation,
Special District or Mixed Use Future Land Use Category shall conform to the
following open space standards:
A minimum of thirty-five (35) percent of the gross area of land to be
committed to a Planned Unit Development must be for use as common
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Ordinance #03-005 Page 3
Final PR:[NT DATE: 10/07/03
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open space, which may include, parks, recreation areas, bicycle and
pedestrian paths and facilities, marinas, swimming beaches, common
open space, common landscaping and planting areas, or other areas of
public purposes or use other than street, road or drainage
rights-of-way, above ground utilities, excluding stormwater treatment
facilities, and parking areas.
A minimum of 15 percent of any existing native upland habitat on the
property must be preserved in its natural condition as part of the
required 35 percent common open space. For each acre of preserved
native habitat above the required minimum 15 percent that is preserved
in its original state, credit shall be given at a rate of 150 percent per
acre towards the remaining common open space requirement.
All areas to be dedicated for common open space shall be identified as
part of the Preliminary Development Plan for the Planned Unit
Development. Areas that are floodways, lakes, wetlands, and
stormwater retention areas may be applied to satisfy the total common
open space requirement, subject to the requirement that 15% of any
existing native habitat on the property must be included as part of the
required 35% common open space. As part of the Final Planned Unit
Development submission process, the developer or petitioner for the
Planned Unit Development shall provide for one of the following:
The advance dedication of all common open space to a public, or
acceptable private, agency that will, upon acceptance, agree to
maintain the common open space and any buildings, structures or
improvements that have been placed on it. All such dedications
or conveyances shall be completed prior to the issuance of any
building permits, including land clearing, for any portion of the
Planned Unit Development ;or,
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Ordinance #03-005 Page 4
Final PRINT DATE: ~.0/07/03
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A phased conveyance of the land to a public or acceptable
private agency that will, upon acceptance, agree to maintain the
common open space and any buildings, structures or
improvements that have been placed on it. The schedule for the
phased conveyance of any such lands to be used for common open
space shall be a specific condition of approval for the Planned
Unit Development.
No parcel of land identified for use as a park or common open space
shall be less than one (1) contiguous acre, and all such areas shall be
physically part of the Planned Unit Development.
Areas provided or reserved to meet any other environmental
preservation or protection requirement of this code or other lawful
regulatory authority may be counted towards the overall common open
space requirement, provided that the common open space meets the
requirements of this Code.
A Planned Unit Development that is proposed in any Agricultural Future Land
Use Category shall conform to the following open space standards:
For any Planned Unit Development, equal to or less than 160 acres in
gross area and involving eight (8) or less lots or parcels, a minimum of
50% of the gross land area to be committed to the planned unit
development must be for use as open space, of which 35% of the gross
land area is to be retained as common open space. For the purpose of
this paragraph, open space, in an agricultural PUD, including the required
common open space, may include, parks, bicycle and pedestrian paths and
facilities, marinas, swimming beaches, common recreation areas ,
common open space, common landscaping and planting areas, pastures
and productive agricultural areas which may be held in either common
interest, individual interest, or other areas of public purpose or use
other than street, road or drainage rights-of-way, common parking
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Ordinance #03-005 Page 5
Final PRINT DATE: 10/07/03
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areas and above ground utilities, excluding stormwoter treatment
facilities.
For any Planned Unit Development, greater than 160 acres in gross oreo
or eight (8) divisions, o minimum of 80% of the gross land area to be
committed to the planned unit development must be for use as open
space, of which o minimum of 35% of the gross land oreo is to be
retained os common open space which may include, porks, recreation
areas, bicycle and pedestrian paths and facilities, marinas, swimming
beaches, common open space, common landscaping and planting areas, or
other areas of public purpose or use other than street, road or
drainage rights-of-way, above ground utilities, excluding stormwater
treatment facilities, and parking areas.
A minimum of fifty (50) percent of any existing native upland habitat
on the property, must be preserved in its natural condition os part of
the required open space. For each acre of preserved native habitat
above the required minimum 50 percent that is preserved in its original
state, credit shall be given at o rote of t50 percent per acre towards
the remaining open space requirement.
All areas to be dedicated for open space shall be identified as part of
the Preliminary Development Plan for the Planned Unit Development.
Areas that ore floodwoys, lakes, wetlands, and stormwoter retention
areas may be applied to satisfy the total open space requirement,
subject to the requirement that 50% of any existing native habitat on
the property must be included as part of the required 80% open space.
As port of the Find Planned Unit Development submission process, the
developer or petitioner for the Planned Unit Development shall provide
for one of the following:
1__. The advance dedication of nil open space to a public, or
acceptable private, agency that will, upon acceptance, agree to
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Ordinance #C)3-005 Page 6
Final PRZNT DATE: 10/07/03
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maintain the open space and any buildings, structures or
improvements that have been placed on it. All such dedications
or conveyances shall be completed prior to the issuance of any
building permits, including land clearing, for any portion of the
Planned Unit Development; or,
A phased conveyance of the land to a public or acceptable
private agency that will, upon acceptance, agree to maintain the
open space and any buildings, structures or improvements that
have been placed on it. The schedule for the phased conveyance
of any such lands to be used for open space shall be a specific
condition of approval for the Planned Unit Development; or,
The identification of restrictive easement or plat dedication
that would serve to create a perpetual conservation or use
restriction easement over those portions of the properties that
are to be kept as open space meeting the requirements of this
section
do
No parcel of land identified for use as a open space shall be less than
one (Z) contiguous acre, and all such areas shall be physically part of the
Planned Unit Development.
Areas provided or reserved to meet any other environmental
preservation or protection requirement of this code or other lawful
regulatory authority may be counted towards the overall open space
requirement, provided that the open space meets the requirements of
this Code.
SETBACK5 FROM AGRICULTURAL LAND
Planned Unit Developments adjacent to land used for agricultural purposes, or
designated for agricultural use on the Future Land Use Map of the St. Lucia County
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Ordinance #C)3-005 Page 7
Final PR]:NT DATE: 10/07/03
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K=.L_.
Comprehensive Plan, shall provide setbacks from the agricultural land sufficient to
protect the function and operation of those uses from the encroachment of Urban
Qctivities or uses.
CLUSTERTNG OF DEVELOPMENT
Planned Unit Developments in all Future Land Use Categories are required to design
the project in a clustered manner.
Planned Unit Developments in the Residential, Conservation, Special District or Mixed
Use Future Land Use Categories are required to design the project in a clustered
manner that will reduce the cost of required infrastructure, provide for large
intergrated common open space areas, and provide for reduced long term maintenance
costs for the community.
Zn the Agricultural Land Use Categories clustered development is intended to reduce
the cost of required public infrastructure.
PHASZNG
1. A Planned Unit bevelopment may be developed in more than one stage or phase.
]~f a Final Development 5ire Plan approved by the Board of County
Commissioners is to be developed in stages or phases, each successive phase
shall be constructed and developed in a reasonably continuous fashion. No more
than two (2) years shall elapse between the completion of any stage or phase,
and the final stage or phase shall be completed within ten (10) years of the
date of Final Development Site Plan approval. Extensions of the above
requirements are subject to approval by the Board of County Commissioners.
Unless otherwise amended by the Board of County Commissioners through the
Final Development Site Plan review process, the following sequence of
development must be adhered to:
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Ordinance #03-005 Page 8
Final PR:[NT bATE: ~.0/07/03
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One or more major recreation facilities and other major amenities,
planned to serve the entire development, shall be completed or adequate
security posted prior to the issuance of building or mobile home permits
of more than forty (40) percent, or other percentage os determined by
the 8oord to be appropriate based on circumstances that include the
size of the project and the proposed phasing schedule, of the total
number of authorized dwelling units. Recreation facilities or facilities
and other amenities planned to serve one (1) phase of a multi-phased
development shall be completed or appropriate security posted prior to
issuance of building or mobile home permits or the recording of any
final plat within that phase.
No commercial facility shall be permitted prior to the completion of at
least forty (40) percent of the total number of authorized dwelling
units; and,
For Planned Unit Developments to be constructed in stages or phases,
the net density of on individual stage or phase may vary from the
approved Final Site Plan subject to the requirements in Section
11.02.05.
5IGNS
Signs within any Planned Unit Development, less than or equal to 200 acres in
overall area, shall comply with the provisions of Chapter c) of this code,
provided however, that the 8oard of County Commissioners may condition
approval of a Planned Unit Development upon compliance with more stringent
sign regulations in order to ensure design consistency throughout the proposed
development, to ensure compatibility with surrounding land uses, to ensure
public safety and prevent public harm, and to ensure compliance with the St.
Lucie County Comprehensive Plan.
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Ordinance #03-005 Page 9
Final PRINT DATE: 10/07/03
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Signs within any Planned Unit Development, greater than 200 acres in overall
area may submit a general signoge plan for the Planned Unit Development, as
part of the Final Planned Unit Development Plan submissions. The general
signage plan shall be based on the general dimension and size standards
applicable to other similarly designated residential property; provided,
however, that the i~oard of County Commissioners may condition approval of a
Planned Unit Development upon compliance with more stringent sign regulations
in order to ensure design consistency throughout the proposed development,
to ensure compatibility with surrounding land uses, to ensure public safety and
prevent public harm, and to ensure compliance with the St. Lucie County
Comprehensive Plan.
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. SEVERABIL3:TY.
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 b. APPL.T. CABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
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Ordinance #~)3-005 Page 10
Final PRINT bATE: 10/07/03
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PART E. FILING WITH THE l)EPARTMENT 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 F. EFFECT3:VE l)ATE.
This ordinance shall take effect upon filing with the Department of State.
PART G. Al)OPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Cliff Barnes
Vice Chairman Paula Lewis
Commissioner Doug Coward
Commissioner John D. Bruhn
Commissioner Frannie Hutchinson
AYE
NAY
AYE
AYE
NAY
PART H. 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", "article", or other appropriate
word, and the sections of this ordinance may be renumbered or relettered to accomplish such
intention; provided, however, that parts B through H shall not be codified.
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Ordinance #03-005 Page 11
Final PRINT bATE: 10/07/03
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PASSEl::) AND DULY ENACTED this 7th day of October, 2003.
BOARD OF COUNTY COMMT55TONER5
ATTEST: ,,,,~,,,~,¢.~?~.~,, 5% LUeZE COUNTY, FLORI'bA
~ ,;.. ..... , ¢ _. -.
APPROVED A5 TO FORM AND
CORRECTNE 55:
BY:
D,TM
0R03-005FrNAL(Lndcod0! -H)
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Ordinance #03-005 Page 12
Final PRZNT bATE: 10107/03