The URL can be used to link to this page

Home My WebLink About20-028ORDINANCE NO. 2020-28 FILE NO. TLDC 4202025726 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.EE — PTV (PLANNED TOWN OR VILLAGE) ZONING DISTRICT AND SECTION 4.04.00. — TVC OVERLAY ZONE (TOWNS, VILLAGES, COUNTRYSIDE), TO ALLOW INCREASED FLEXIBILITY IN DEVELOPMENT STANDARDS AND REVIEW PROCESS FOR PTV ZONING WITHIN THE TVC 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, based on the testimony and evidence, including not limited to the staff report, has made the following determinations: 1. 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 Statues, 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 July 16, 2020, 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 August 4, 2020, this Board held the first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 6. On October 20, 2020, 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 COPNTY FILE # 4760987 1 /09/2020 12:29:03 PM Und2rIIC121SfOr8ddltlOnS. OR BOOK4521 PAGE 33-39 Doc Type:ORDN StFikethFe gl i5 for deletion. RECORDING: $6'1.00 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 ARE TO READ AS FOLLOWS: CHAPTER III — ZONING DISTRICTS 3.01.03. - Zoning Districts. 3.01.03. EE. - PTV (PLANNED TOWN OR VILLAGE). Section 1 no changes. 2. Standards and Requirements. Standards and requirements for Planned Town or Villages shall be as follows: g. Development Standards for Lots. (1) Table 3-1 provides dimensional requirements that apply to all lots of each designated type. These requirements replace those found in Section 7.04.01. (2) If additional lot types are proposed by an applicant, comparable dimensional requirements must also be proposed. An applicant may also propose changes to the dimensional requirements in Table 3-1 for a particular neighborhood. All changes must comply with the intent of the TVC Element. The Board of County Commissioners shall decide whether to accept, modify, or reject such additional or modified dimensional requirements during the approval standards in Chapter XI of this Code. (3) Each Live/Work, Rowhouse, Cottage, Sideyard, House, and Estate Lot is permitted one (1) main structure and one (1) .accessory dwelling. Accessory dwellings are not counted for density purposes, for instance for meeting the minimum density requirements of Section 3.01.03.EE.2.b. Accessory dwellings, where permitted: i. May not exceed the size limitations in Table 3-1; ii. Must maintain at least a three-foot side yard except on Rowhouse Lots; and iii. Must be separated at least ten (10) feet from the main structure. (4) Building frontage is the percentage of the total width of a lot which is required to be building wall, measured where the front yard ends and the front of the building begins. For this purpose only, the width of a porte cochere may be counted as building wall even though it has no front or rear wall. (5) Front porches and balconies may extend up to ten (10) feet into front yards provided that walls, screened areas, or railings in the front yard extend no higher than forty-two (42) inches above the floor of the porch or balcony. Front porches and balconies may not extend into the right-of-way. Stoops may extend into front yards provided that walls, screened areas, or railings in the front yard extend no higher than forty-two (42) inches above the floor of the stoop. Stoops may extend into the right-of-way to the extent specifically provided by the Board of County Commissioners during the approval process. (6) Each building must have separate walls to support all loads independently of any walls located on an adjacent lot. Buildings with side -facing windows must provide necessary light and air shafts within their own lot without relying on the side yard of an adjacent lot. (7) Each building must have an entrance facing a street or public open space. TABLE 3-1 LOT SIZE AND DIMENSIONAL REQUIREMENTS Yard _ Lot Size Building Lot Lot Width Coverage[Front Height s (min/ Lot Type (min/max in Frontage 1 2 id max in e sf) (min/max) (min/max) by Bldgs. (min/m (min ) (min) ( ) storie in,- max ax) I feet) Mixed -Use 2,400/no 24/no max 80%/100% 1 80% Building Lot max I I Retail 2,400/7,20 24/60 80%/100% 80% Building Lot 07 Apartment 2,400/no 24/no max [80%/100% 80% Building Lot max I LiveAlVork 1,800/7,20 16/60 80%/100% 80% Building Lot 0 _ M f Apartment 4,800/1810 ; 481120 70%/90% 80% House Lot 00 �_ Rowhouse _ I I 1,800/3,84 i Lot 0 I 16/32 90%/100% I 80% Cottage 1 2,400/4,80 1 24/40- ! 70%/90% 60% House Lot 0 Sideyard ; 3,000/6,00 I 30/60 160%/90% 50% House Lot 0 ! i 4,0000/8,40-40/70 House Lot 60%/80% 50% 7,2maxno Estate Lot 60/no max n/a— 30% I —Building- Civic F5,0m00x/no 50/no max ! n/a 80% Lot Countryside 43,560/no 200/no� n/a 15% Tract max max _ - - Accessory First Story Dwelling 4 Elevation (max bldg (min) footprint in sf) 0/5 15 0 2/4; 56' n/a not permitted I - 0/5 15 0 1/4; 50' n/a not permitted 0/10 15 0 2/4; 50, 30,16 not I permitted I 0/10 15 0 2/3; 45' I n/a 625 f I 5/10 15 I 0 11/4; 50' 30" 6 not permitted 0/10 I 15 0 i 2/3; 35' 30" 625 i---T_ - -- 5/25 �- 10 2 11 /2; 35' I 30" 800 -r— - 5/10 10 0/10 s i 1/3; 35' I 30" 800 I 5/25 n 10 T-5 11/3; 35' 30" 800 I ' 20/50 I 20 10 11 /3; 35' 30"- I 1000 n/a 15 0 1 /4; 50' n/a 1250 50/n/a I 50 50 1/2; 35' I n/a ! not - __-_ -- - permitted Underline is for additions. StFikethFOU^" is for deletion. (1) Table 3-1 provides dimensional requirements that apply to all lots of each designated type. These requirements replace those found in Section 7.04.01. q. Workforce Housing. To encourage a broad range of family sizes and incomes, each Town and Village must provide a minimum of eight percent (8%) of the proposed number of dwellings as workforce housing, as defined generally in Section 4.04.06 and as further defined by St. Lucie County through ordinances or during the process of approving an individual Planned Town or Village. (7) Affordability must be maintained for a peFied minimum of at least twenty five (26) eight 8 years, or the period of affordability specified by the funding secured by the developer, whichever is longer. St. Lucie County will establish standards for maintenance of affordability during this twenty -five-year period. Sections r. through t. no changes 3. Approval Process. Section a. no changes. b. Submittal requirements for preliminary approval shall be as provided for Planned Developments except as follows: (4) Preliminary Regulating Plan: In lieu of these deleted items, the applicant must submit a proposed preliminary regulating plan that complies with the following standards. This preliminary regulating plan may contain some or all of the other information required by this Code for a proposed development activity if that other information does not obscure the following required information for regulating plans: i. The entire area within the proposed PTV and all adjoining roads, canals, and other rights -of -way or easements must be shown on the regulating plan. The -precise A conceptual assignment of a transect zone to all land including proposed streets within the PTV (see Section 3.01.03.EE.2.c). All land shall be assigned one (1) of the six (6) transect zones and no land may be assigned two (2) or more transect zones. Conceptual assignments may be altered during final site plan as long as the intent remains consistent with transect percentage allocation requirements as outlined in Section 3.01.03.EE.3. iii. The precise approximate location of proposed streets throughout the PTV, indicating the specific type of each street. Streets types must comply with the transect zone through which they pass (see Section 3.01.03.EE.2.i) and must provide right-of-way in accordance with the standards in Section 3.01.03.EE.2.1. Street locations may be amended at final site plan in a manner that is consistent with the requirements of 3.01.03.EE. and the intent of the Preliminary Regulating latin. Sections 3.b.(4)iv. through ix. no changes. (5) Other Supporting Documents: The application should also contain other supporting documents that are required or that demonstrate compliance with the standards set forth in this Code and in the TVC Element. Examples include: i. A conceptual restoration and management plan (Section 3.01.03.EE.2.o.5). ii. A conch reclaimed water management plan (Section 3.01.03.EE.2.o.6) if such services are available on the subiect property. iii. A conceptual countryside management plan (Section 3.01.03.EE.2.o.7). iv. A proposed schedule for the types, location, and phasing of construction of workforce housing for each phase (Section 3.01.03.EE.2.q). c. Submittal requirements for final approval of a planned Town or Village shall be as provided in Chapter XI for final site plan approval of all other Planned Developments except as follows: (1) A final version of the preliminary regulating plan that was approved with the PTV zoning must be submitted which includes all of the information on the preliminary regulating plan plus the final location and dimension of all lots and streets in accordance with the PTV standards. (2) Final data tabulations that demonstrate compliance with all requirements of the PTV zoning district. (3) Other supporting documents and diagrams as needed to demonstrate compliance with the standards set forth in this Code and in the TVC Element, including final versions of Other Supporting Documents submitted with the Preliminary Regulating Plan. (4) Minor modifications to an approved preliminary regulating plan may be approved at the time of final approval, or later as an amendment to the final approval, provided they comply with all requirements of this Code, any conditions imposed at the preliminary approval stage, and with the goals, objectives, and policies of the TVC Element. No modifications may reduce the diversity of lot types or street types that had been shown on an approved preliminary regulating plan. d. A model regulating plan is shown in Figure 3-16 to demonstrate the graphic format and level of detail required when seeking preliminary approval for a Town or Village. This model regulating plan is reduced in size for inclusion in this Code but a full-scale copy of this plan may be obtained from the Growth Management Director. 4. Phasing of Towns and Villages. Preliminary approval of PTV zoning must be obtained for the entire Town or Village, including its Countryside component, even if subsequent development may occur in phases. If final approval is sought in phases, the first phase must include the entire Countryside component including recorded easements indicating that residential density has been transferred into Neighborhoods. Each phase must indicate how the remaining phases are planned to be integrated with the earlier phases. Tabular data must be provided at Lrelirrinary approval for the overall Prelimina Re_qulatihq Plan existing phases and for all• each future phases upon submittal for each Final PTV approval to ensure that all requirements of the PTV district will be met. Underline is for additions. StFi1(ethFe gl is for deletion. 4.04.00. - TVC—OVERLAY ZONE (TOWNS, VILLAGES, COUNTRYSIDE) 4.04.04. - TVC Specific Standards. F. Standards for New Residential Buildings, The following standards apply to new dwellings on pre-existing lots in the TVC Overlay Zone; to all dwellings built in new subdivisions zoned PTV, PCS, and PRW; and to all dwellings in new subdivisions approved pursuant to 4.04.04. D and 4.04.04. E: Detached garages must alwfays preferably be located in the rear of the lot. Detached garages must be accessed from the alley or lane except where no alley or lane is present. Front -loaded units shall not compromise the walkability and intended pedestrian character of a neighborhood. Garages not accessed from an alley shall be recessed from the main facade. A maximum of 25% of residential units in each phase may include front -loaded detached aaraaes. 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. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Cathy Townsend, Chair AYE Chris Dzadovsky, Vice Chair AYE Sean Mitchell, Commissioner AYE Linda Bartz, Commissioner AYE Frannie Hutchinson, Commissioner AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Complied 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. PASSED AND DULY ENACTED this 20' day of October, 2020. Attest: Board of County Commissioners St. Lucie County, Florida By: aA a"4"4 air co 011 v �® Approved As To Form and Correctness: ��`pa By: rY . County Attorn y Underline is for additions. StFiketh.-. Ugh is for deletion. RON DESANTIS LAUREL M. LEE Governor Secretary of State December 8, 2020 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 2020-28, which was filed in this office on December 8, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270