HomeMy WebLinkAbout18-009ORDINANCE No. 2018-09
FILE NO.: TLDC-320185281
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND
DEVELOPMENT CODE, SECTION 4.02.00 RIVER PARK — COMMUNITY
OVERLAY ZONE; 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)
based on the testimony and evidence, including but not limited to the staff report, has
made the following determinations:
On August 1, 1990, the Board of County Commissioners of St. Lucie County,
Florida, adopted the St. Lucie County Land Development Code.
2. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish,
coordinate and enforce zoning and such business regulations as are necessary
for the protection of the public; and,
3. This Board is authorized by Section 125.01(1)(t), Florida Statutes, to adopt
ordinances and resolutions necessary for the exercise of its powers and to
prescribe fines and penalties for the violations of ordinances in accordance with
law.
4. On March 15, 2018, 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.
5. On May 1, 2018, this Board held the first public hearing on the proposed ordinance,
after publishing due notice in the St. Lucie News Tribune.
6. On June 5, 2018, this Board held its second public hearing on the proposed
ordinance, after publishing due notice in the St. Lucie News Tribune.
7. 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.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4446606 06/13/2018 11:32:43 AM
OR BOOK 4144 PAGE 1544 - 1554 Doc Type: ORDN
RECORDING: $95.00
Ordinance No. 2018-09
Section 4.02.00 River Park — Community Overlay Zone
File No.: TLDC-320185281
Page 2
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St.
Lucie County, Florida.-
PART
lorida:
PART A.
THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT
CODE ARE TO READ AS FOLLOWS:
4.02.00. - RIVER PARK—COMMUNITY OVERLAY ZONE
4.02.01. - Purpose and Intent.
A. It is the purpose and intent of this section to recognize changing conditions along Prima Vista
Boulevard, in the River Park Subdivision, between South US #1 (SR 5) and Ariese Airoso
Boulevard and to establish supplemental performance standards of review by which to
evaluate all applications for change in zoning, use and development to nonresidential use
which may be filed for parcels in the River Park subdivision area as further described in this
Section.
B. This section is intended to encourage and provide for a logical and orderly transition from
residential to nonresidential zoning use and development where appropriate, and to protect
those parcels which remain residential from the impacts of the nonresidential development.
C. Nothing in this section is intended to supersede the minimum standards of review for any
amendment to the Official Zoning Atlas of St. Lucie County as set forth in Section 11.06.03
of this Code.
4.02.02. - River Park Community Overlay Zone Established.
A. The River Park Community Overlay Zone shall consist of all those parcels of land lying in
the following subdivisions as recorded in the official land records of St. Lucie County, Florida,
and which share a common property line with the right-of-way for Prima Vista Boulevard
and/or and are contiguous to a parcel of land that shares a common property line with the
right-of-way for Prima Vista Boulevard:
SUBDIVISION NAME PLAT BOOK PAGE
RIVER PARK - UNIT 3 10 80
RIVER PARK - UNIT 4 1 1 11 1 9
RIVER PARK - UNIT 5 1 ( 11 1 31
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Ordinance No. 2018-09
Section 4.02.00 River Park — Community Overlay Zone
File No.: TLDC-320185281
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RIVER PARK - UNIT 6
12
26
RIVER PARK - UNIT 10
14
29
SUBDIV. OF PART OF TRACT "E", RIVER PARK - UNIT 3
12
22
Except that those properties in the above subdivisions that were classified with a COM
(Commercial) Future Land Use designation on August 6, 1996, the date of establishment of these
regulations, shall not be included in the River Park Overlay Zone.
Figure 4-8 generally depicts the limits of the above described overlay zone.
B. The River Park Community Overlay Zone, created in Part A above, shall be divided into two
(2) subzones, generally described as follows:
0
Figure 4-8
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(This map to be deleted. Map is inconsistent with existing Overlay boundary description.)
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Ordinance No. 2018-09
Section 4.02.00 River Park — Community Overlay Zone
File No.: TLDC-320185281
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(This map to be inserted. Map update consistent with existing Overlay boundary description.)
1.) Intersection Zone. The Intersection Zone(s) shall be centered at the following locations:
a.) Prima Vista Boulevard and South US #1
b.) Prima Vista Boulevard and Floresta Drive
c.) Prima Vista Boulevard and Airoso Drive Boulevard
The Intersection Zone shall consist of those properties which share a common property
line with the right-of-way for Prima Vista Boulevard and/or are contiguous to a parcel of
land, under the common ownership or control of the same person, party or interest group
that shares a common property line with the right-of-way for Prima Vista Boulevard.
In no instance shall an Intersection Zone extend more than five hundred (500) feet
(approximately five (5) platted lots) from the center of any of the intersections identified
above.
2.) Mid -Block Zone. The Mid -Block Zone(s) shall consist of those properties which share a
common property line with the right-of-way for Prima Vista Boulevard and/or are
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contiguous to a parcel of land, under the common ownership or control of the same
person, party or interest group that shares a common property line with the right-of-way
for Prima Vista Boulevard.
4.02.03. -' ametatiG^S ^^ Uses, Rezoning and Land Development Applications.
A. Uses Authorized uses within the Overlay Zone that may be pursued within any existing
zoning district without a change in zoning shall include: permitted conditional and
accessory uses in the RS -4 (Residential Single Family) and CO (Commercial, Office)
Zoning Districts except eating and drinking establishments. All permitted and accessory
uses shall be allowed upon issuance of a Zoning Compliance Certificate and a
determination of compliance with this section and applicable sections of the Land
Development Code. Conditional Uses within the CO and RS -4 Zoning Districts shall
require approval of a Conditional Use Permit as set forth in LDC Section 11.07.00.
B. Dimensional requirements. All dimensional requirements, including minimum lot size and
yard requirements shall follow the existing or proposed zoning district provisions as set
forth in Section 7 04.01 of this code except for non-residential uses in residential zoning
districts that are authorized in this section. The conversion of an existing residential
building to a use permitted in the CO Zoning District through an application for Zoning
Compliance or any new commercial office development, within a residential zoning district
shall continue to follow the dimensional standards of the residential zoning district.
C. Two lots deep. An application for conversion from residential to a CO Zoning District use,
and new commercial office development is intended primarily for lots that share a
common property line with the right-of-way for Prima Vista Boulevard. Such application
that also includes property contiguous to a parcel of land that shares a common property
line with the right-of-way for Prima Vista Boulevard but does not itself have frontage along
Prima Vista Boulevard shall be required to obtain a Conditional Use Permit as set forth in
11.07 00 The Conditional Use Application shall be accompanied by a concept plan
providing the information in Section 11.02.09 of this Code and any other information
deemed necessary for a full review of the prosect impacts.
D. Rezoning. All applications for change in zoning in the River Park Community Overlay Zone
shall be consistent with the following Table 4-8 below. No change in zoning to a non-
residential zoning designation shall be granted for any parcel of less than twenty thousand
(20,000) square feet (approximately two (2) lots as shown on the recorded plats for the
River Park s/d).
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TABLE 4-8
- RIVER PARK COMMUNITY OVERLAY ZONE REZONING OPTIONS
INTERSECTION ZONES MID -BLOCK ZONES
PlJD & PNRD (CO & CN uses only,
except as specified in 4.02.05)
Comprehensive Plan Amendment to Commercial (COM)
- required for any change in zoning to a nonresidential
zoning category, including PNRD
4. 02.05)
4.02.04. - Performance Standards.
The following performance standards are applicable to any conversion of an existing
residential building to a CO (Commercial Office) use through an application for Zoning
Compliance per Section 11.05.00 or any new commercial office development shall be maiRtained
within the River Park Community Overlay
Zone. To the exteRt that these River Park GOGITIMURity Overlay standards are more FeStriGtive thaR
apply. Notwithstanding
the provisions of this Overlay, all conversions to commercial uses shall comply with applicable
building code and accessibility requirements.
A. Building Height: Maximum height for any structure shall be twenty-five (25) feet for any
non-residential use. Upon approval of a conditional use permit the building height may
be increased to 28 feet.
Maximum Building Size: New commercial development, or redevelopment of a
residential building for commercial use permitted under existing residential zoning shall
not exceed 6,000 square feet in total size.
C. Access Management. In addition to the minimum standards set forth in Section 7.05.06 of
this Code, the following driveway locations standards shall apply:
Number of Driveway Connections - No more than one (1) driveway per street frontage
under common ownership shall be permitted.
2.) Distance from Intersections - The nearest edge of any driveway shall be located no
closer than one hundred fifty (150) feet from the centerline of any perpendicular
intersecting street.
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3) This district shall maximize efficiency of automobile access by prohibiting the creation
of new curb cuts on already developed parcels on Prima Vista Boulevard for non-
residential use and requiring existing curb cuts to be combined into joint -access
driveways and/or eliminated when parcels are combined and redeveloped in
conformance with this Overlay.
D Development Prior to Abuttinq Property: In the event that a building site is converted or
developed for non-residential use before an abutting property is converted, developed
or redeveloped the site shall be designed to insure that its parking, access, and
circulation may be easily modified to create a unified system with adjacent parcels at a
later date.
E Existinq Abuttinq Uses: When a property applying for conversion development or
redevelopment abuts an existing property that has been developed for a non-residential
use using the guidelines herein it shall be designed to connect to the abutting parking,
access and circulation areas to create a unified system unless the County
Administrator's designee finds that this would be impractical.
F Easements Required to be Dedicated: When the joint -access provisions are utilized by
the owner of property applying for conversion development or redevelopment of a non-
residential use the use shall not be approved unless the property owner grants an
easement for cross access to and from abutting properties. Such easement shall be
recorded by the property owner in the public records of St. Lucie County and constitute
a covenant running with the land.
G. Offstreet Parking and Loading:
1.) Offstreet parking and loading shall meet the minimum requirements of Section
7.06.00 of this Code. Specifically, "off-street parking areas shall be designed so that
motor vehicles can exit without backing into a street." (Section 7.06.02.B.2.0
2.) In order to preserve the residential neighborhood character, the design and location
of parking shall be consistent with the following standards that shall apply when more
than three parking spaces are being provided:
a) Parking stall minimum dimensions may be nine (9) feet by eighteen (18) feet.
b) The driveway area may count towards up to two parking spaces, provided the
length of the driveway meets the minimum stall dimensions as provided in
Section 7.06.02. B.1 Off -Street Parkinq and Loadinq Performance Standards.
c) Bicycle parking may be substituted for one required parking space per Section
7.05.04.C.
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Section 4.02.00 River Park — Community Overlay Zone
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H. Buffering and Landscaping:
1.) Buffering and landscaping shall meet the minimum requirements of Section 7.09.00
of this Code with the following standards applicable to any non-residential use.
a) Landscaped buffers and screening between single-family residential and non-
residential uses shall be required consistent with Section 7.09.04. E, except the
wall or fence required in such buffers shall be exempt from side yards.
b) The rear landscaped buffers and screening required pursuant to Section
7.09.04.E may be waived by the Environmental Resources Director according
to the procedure outlined in that section.
2.) The area between the building off-street parking area or other vehicular use area
abutting a street or road right-of-way, shall be landscaped with (1) street tree for each
forty-five (45) linear feet of abutting right-of-way or major fraction thereof. The street
tree shall not be planted in a utilities right-of-way or a utilities easement and shall be
placed so their canopies shall not interfere with any power line.
I. Lighting:
1.) All site lighting shall be installed so that no off site areas are directly illuminated.
J. Signs:
1.)Signs for all uses within the River Park GE)MMURity Overlay Zene shall GC)RfGFR; W
the requirements of SeGtiGR 9.01.01(E), (Neighberhood CommerGial) of this Gede,
A maximum of two signs are permitted per parcel. The maximum square footage
allowable of total signage shall not exceed 16 square feet, except for a ground or
monument sign. The following signs are permitted.-
a)
ermitted:
a) Wall sign
c) Canopy sign
d) Proiecting sign
e) One primary monument sign may be provided along Prima Vista Boulevard. The
sign shall not exceed 6 feet in height or 16 square feet in total size. Monument signs
shall be located a minimum of ten feet from any right-of-way and five feet from any
adjoining property line.
2.) No sign shall be internally lit; lighting without any visual light spillover is permitted.
3.) Monument signs shall be landscaped in accordance with Land Development Code
9.02.01. D.6.
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K Building Design Standards: Overall design for any new and renovated buildings for a
commercial use shall fit with the character of the residential neighborhood.
1.) Windows, Doors and Entrances
a) Windows shall not be covered with any type of material that is used for
advertisement.
b) Clear glass windows (eighty-eight percent (88%) light transmission or more) are
required.
c) Buildings must have a primary entrance door facing a public sidewalk and/or public
road.
2.) Building Design — Any new construction, modification alteration, renovations or
refurbishment of an existing building within the Overlay district is subject to these
general design guidelines:
a) The following primary facade features are discouraged:
Large, blank, unarticulated walls.
Siding comprised of the following materials: corrugated metal, corrugated
fiberglass, plastic, and plywood.
iii. Unpainted concrete block.
iv. Imitation rockwork veneer.
b) The following architectural and site elements are encouraged:
Building articulation features such as Bahama shutters, entry porches, and
parapets over doors
Civic features such as an arcade/loggia, canopy, portico/porte-cochere, or
pedestrian courtyard or plaza
iii. Landscape features such as an arbor, pergola, or stone or stamped
concrete pavement at project entry, drop-off, or pedestrian crossing
4.02.05. - Use Limitations.
The following uses shall be specifically prohibited, regardless of zoning classification, within
the River Park Community Overlay Zone.
A. Drive-in Facilities.
4.02.06. - Eating and Drinking Places; Gasoline and Other Fuel Sales Services.
These uses shall be allowed at intersection zones with the required PNRD zoning.
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Section 4.02.00 River Park - Community Overlay Zone
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4.02.07 Live/Work Units
Within this overlay district live/work units shall be a considered an accessory use to all permitted
or conditional nonresidential uses. "Live/work unit" or "live/work space" means a building or
spaces within a building used jointly for commercial and residential purposes where the residential
use of the space is secondary or accessory to the primary use as a place of work.
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 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. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART E. 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 F. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
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File No.: TLDC-320185281
Page 11
PART G. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Frannie Hutchinson, Chair AYE
Linda Bartz, Vice Chair AYE
Chris Dzadovsky, Commissioner AYE
Anthony Bonna, Commissioner AYE
Cathy Townsend, Commissioner AYE
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 re -lettered to accomplish such
intention; provided, however, that Parts B through H shall not be codified.
PASSED AND DULY ENACTED this 5t" day of June, 2018.
Attest: Board of County Commissioners
St. Lucie County, Florida
B
Deput le 4 Chair
(01 Approved
C0if*
�� Approved As To Form and
VZ Correctness:
OA coIr
r
c�LNtY, F1.0 By:
q ,s —s County Attorney
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RICK SCOTT
Governor
June 12, 2018
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Brittany Jones
Dear Mr. Smith:
KEN DETZNER
Secretary of State
ivv -
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JUN 13 201n
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 2018-09, which was filed in this office on June 12,
2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us