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HomeMy WebLinkAbout21-012 Ordinance No. 2021-012 Scrap, Waste Recycling Operations File No.: TLDC-2202125950 Page 1 ORDINANCE No.: 2021 -012 File No.: TLDC-2202125950 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 7.10.12 — SCRAP, WASTE, RECYCLING OPERATIONS, PROVIDING FOR 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 (Board), based c,n the testimony and evidence, including but 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. On August 17, 1999, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 99-003 for the purpose of creating supplemental standards for scrap, waste, recycling operations, applicable to the IH (Industrial, Heavy) and U (Utilities) Zoning District, within the St. Lucie County Land Development Code. 4. 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. 3. On March 18, 2021, the Planning and Zoning Commission held a Public Hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on March 6, 2021. The Planning and Zoning Commission recommended to the Board of County Commissioners approval of the proposed text amendment to the St. Lucie County Land Development Code. 5. On April 6, 2021, the Board of County Commissioners held its first Public Hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on March 24, 2021. 6. On April 20, 2021, the Board of County Commissioners held its second Public Hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on April 7, 2021. 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. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4885397 06/25/2021 09:53:11 AM OR BOOK 4637 PAGE 678-681 Doc Type:ORDN RECORDING $35.50 Ordinance No. 2021-012 Scrap, Waste Recycling Operations File No.: TLDC-2202125950 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. THE SPECIFIC AMENDMENT TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE ARE TO READ AS FOLLOWS: The specific amendments to the St. Lucie County Land Development Code to read as follows in strikethrough and underline format: 7.10.00. — SUPPLEMENTAL STANDARDS 7.10.12.- Scrap, Waste, Recycling Operations C. In the IH (Industrial Heavy) or U (Utility) zoning district, land clearing and vegetative yard trash recycling operations, that are engaged in the recycling and processing of land clearing and vegetative yard trash only, may be permitted as a conditional use subject to the following criteria: 6.a. The base area on which the stockpiles are located must be constructed of either a concrete surface, asphalt surface, or other clean al-I-we.at#her stabilized surface that is acceptable to the County. Stormwater controls and specific site elements shall be designed to prevent run-off from entering the processing and storage areas. b. The access aisles between the stockpiles must be constructed of either a concrete surface, asphalt surface, or other Glean—al-1—weather—stabilized paved surface that is acceptable to the County. Alternative surfaces may be considered outside the Urban Service Boundary as approved by the Board of County Commissioners through the Conditional Use Permit. These surface materials may include, but are not limited to, asphalt millings, coquina rock, shell rock, and engineered surface products suitable for the expected vehicle loads and frequency of use. 19. Vegetative yard trash or land clearing debris shall be removed within 6 months or time needed to receive 3,000 tons or 12,000 cubic yards, whichever is greater. 20. If additional processing of vegetative yard trash or land clearing debris is proposed in addition to mulching, such activities will be subject to additional requirements imposed through the Conditional Use process to mitigate impacts. 21. All land clearing and vegetative yard trash recycling operations shall submit to an annual site inspection to be conducted by St. Lucie County Code Compliance to ensure conformity with the Conditional Use permit. If evidence of unpermitted materials is found within the stockpiles other than vegetative waste and other specific additives approved through the site-specific Conditional Use Permit, the subject permit shall be scheduled for the next available Board of County Commissioners meeting for a Revocation Hearing subject to the requirements of LDC Section 11.07.05.H and the notice requirements of this Code. Ordinance No. 2021-012 Scrap, Waste Recycling Operations File No.: TLDC-2202125950 Page 3 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: Chris Dzadovsky, Chair NAY Sean Mitchell, Vice Chair AYE Linda Bartz, Commissioner AYE Frannie Hutchinson, Commissioner AYE Cathy Townsend, 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 sectic ns of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. Ordinance No. 2021-012 Scrap, Waste Recycling Operations File No : TLDC-2202125950 Page 4 PASSED AND DULY ENACTED this 20th day of April, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY 447:5#/( /Deputy CJ,6r'' Chair ��(Y Co APPROVEDAS TO FORM.AND 0J tf�� CORRECTN SS: rn By: ounty Atto ey y C�GNtY,f olo°1" RON DESANTIS LAUREL M. LEE Governor Secretary of State June 23, 2021 Ms. Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Ms. Angela Riggins Dear Ms. Miller: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 2021-012, which was filed in this office on June 23, 2021. Sincerely, Anya Grosenbaugh Program Administrator AG/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 1613 St C414 Or' .T_ FLORIDA DEPARTMENT OfSTATE RON DESANTIS LAUREL M. LEE Governor Secretary of State June 23, 2021 Ms. Michelle R. Miller �_ _; Clerk& Comptroller J -`St. Lucie County 2300 Virginia Avenue 11U17 0 2 2021 Fort Pierce, Florida 34982 COUNTY ATTORNEY Attn: Ms. Angela Riggins Dear Ms. Miller: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 2021-012, which was filed in this office on June 23, 2021. Sincerely, Anya Grosenbaugh Program Administrator AG/lb V R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 . )cep..2 ALA)? S 9.B.1. G ORD-2021-12 PUBLIC HEARINGS- PLANNING & � o LflUhi DEVELOPMENT SERVICES _ AGENDA REQUEST DATE: 4/20/2021 COC.I NT�Y r *ORDINANCE ITEM - LAND ULOR = DEVELOPMENT CODE TEXT AMENDMENT QUASI-JUDICIAL ITEM? NO (o/a3 — S n4- uo 1,,yTO: Board of County Commissioners ) PRESENTED BY: Bethany Grubbs, Planner i:DE--,CD r- SUBMITTED BY: Planning & Development Services SUBJECT: Proposed Text Amendment to Land Development Code, Section 7.10.12 - Scrap, Waste, Recycling Operations A petition submitted by Engineering Design and Construction, Inc., on behalf of Richard Sampson and Lucky 13 Holdings, LLC, requesting a Text Amendment to Land Development Code Section 7.10.12 for Scrap, Waste, Recycling Operations. The Text Amendment proposes to amend the supplemental standards for land clearing and yard trash recycling operations to allow an alternative clean stabilized surface as the base area for stockpile staging, in addition to a concrete or asphalt surface, and to allow the access aisles between the stockpiles to be constructed of other paved surface that is acceptable to the County, in addition to a concrete or asphalt surface. -Adoption Reading BACKGROUND: A petition submitted by Engineering Design and Construction, Inc., on behalf of Richard Sampson and Lucky 13 Holdings, LLC, requesting a Text Amendment to Land Development Code Section 7.10.12 for Scrap, Waste, Recycling Operations. The Text Amendment proposes to amend the supplemental standards for land clearing and yard trash recycling operations to allow an alternative clean stabilized surface as the base area for stockpile staging, in addition to a concrete or asphalt surface, and to allow the access aisles between the stockpiles to be constructed of other paved surface that is acceptable to the County, in addition to a concrete or asphalt surface. On August 17, 1999, the Board of County Commissioners adopted the supplemental standards for yard trash and debris operation via Ordinance 99-003. The design standards require all base areas on which the Page 708 of 1093 stockpiles are located be constructed of either a concrete surface, asphalt surface, or other clean all weather stabilized surface that is acceptable to the County. PREVIOUS ACTION: On March 18, 2021, the Planning &Zoning Commission held a public hearing and voted unanimously to forward a recommendation of approval to the Board of County Commissioners. On April 6, 2021, the Board of County Commissioners recommended approval of the First Reading to schedule the Adoption Hearing, by a four to one vote, with Chair Dzadovsky dissenting. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adopt Ordinance 2021-012,to amend the supplemental standards for land clearing and yard trash recycling operations to allow an alternative clean stabilized surface as the base area for stockpile staging, in addition to a concrete or asphalt surface, and to allow the access aisles between the stockpiles to be constructed of other paved surface that is acceptable to the County, in addition to a concrete or asphalt surface. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: April 13, 2021 Leslie Olson, Planning & Development Services Director Date: April 14, 2021 Patrick Dayan, Public Works Assistant Director Page 709 of 1093 /(`J9 '!/Vlj/' Id Date: April 14, 2021 Daniel McIntyre, County Attorney Date: April 14, 2021 Mark Satterlee, Deputy County Administrator Page 710 of 1093 • gltIZZECRE Planning and Development Cou N-T� , Serv ices nDDpas Division � 9 F L ..,O. R . {. D MEMORANDUM TO: Board of County Commissioners THROUGH: Leslie Olson,AICP,Director Benjamin Balcer,AICP,Assistant Director FROM: Bethany Grubbs,Planner DATE: April 12,2021 SUBJECT: Sampson Tree Service(TLDC-2202125950) Text Amendment to the Land Development Code (Section 7.10.12.—Scrap,Waste,Recycling Operations) This is a petition by Engineering Design and Construction, Inc., on behalf of Richard Sampson and Lucky 13 Holdings, LLC to request a Text Amendment to Land Development Code Section 7.10.12 for Scrap, Waste, Recycling Operations. The Text Amendment proposes to amend the supplemental standards for land clearing and yard trash recycling operations to allow an alternative clean stabilized surface as the base area for stockpile staging,in addition to a concrete or asphalt surface,and to allow the access aisles between the stockpiles to be constructed of other paved surface that is acceptable to the County,in addition to a concrete or asphalt surface. GENERAL INFORMATION: Applicant: Richard Sampson Lucky 13 Holdings,LLC 2170 SW Conant Avenue Port St.Lucie,FL 34953 Agent of Record: Bradley J.Currie,AICP Engineering Design and Construction,Inc. 10250 SW Village Parkway, Suite 201 Port St.Lucie,FL 34987 BACKGROUND: On August 17, 1999,the Board of County Commissioners adopted the supplemental standards for yard trash and debris operation via Ordinance 99-003.The design standards require all base areas on which the stockpiles are located be constructed of either a concrete surface, asphalt surface, or other clean all weather stabilized (paved)surface that is acceptable to the County and the access aisles between the stockpiles must be constructed of either a concrete surface, asphalt surface, or other clean all weather stabilized surface that is acceptable to the County. REOUESTED TEXT: 7.10.00.—SUPPLEMENTAL STANDARDS 7.10.12.- Scrap,Waste,Recycling Operations ST. LUCIE WORKS Page 711 of 1093 Project Name:Sampson Tree Service File No.:TLDC-2202125950 C.In the IH(Industrial Heavy)or U(Utility)zoning district,land clearing and vegetative yard trash recycling operations, that are engaged in the recycling and processing of land clearing and vegetative yard trash only, may be permitted as a conditional use subject to the following criteria: 6.a.The base area on which the stockpiles are located must be constructed of either a concrete surface,asphalt surface, or other clean all-weather stabilized surface that is acceptable to the County. Compliance with the stormwater rules found in Chapters 62-25 and 62-330 of the Florida Administrative Code (F.A.C.)is required for all stockpiles regardless of base material. Stormwater controls and specific site elements shall be designed to prevent run-off from entering the processing and storage areas. b.The access aisles between the stockpiles must be constructed of either a concrete surface,asphalt surface,or other paved surface that is acceptable to the County. Alternative surfaces may be considered outside of the Urban Service Boundary if approved by the County Engineer or Designee. c.Recycling operations,that are engaged in the recycling and processing of land clearing and vegetative yard trash only must comply with the requirements specified in Rule 62-709 of the F.A.C. All land clearing and vegetative yard trash recycling operations shall submit to an annual site inspection to be conducted by the St. Lucie County Code Compliance Department. d.Size-reduce or remove yard trash within 6 months or time needed to receive 3,000 tons or 12,000 cubic yards, whichever is greater. Separated logs with 6 inch diameter or greater can be stored for up to 12 months before being size-reduced or removed. r - TEXT AMENDMENT STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE Pursuant to St. Lucie County Land Development Code(LDC) Section 11.06.03,the Development Review has reviewed the proposed Text Amendment to LDC Section 7.10.22 and found it to meet the technical requirements and standards of review. In reviewing this proposed amendment to the LDC, the Planning and Zoning Commission shall consider and make the following determinations: A. Whether the proposed amendment is in conflict with any applicable portions of the St.Lucie County Land Development Code; The proposed Text Amendment is not in conflict with any applicable portions of the St.Lucie County Land Development Code.There will be no change in the intensity of development.The use is currently listed as an allowable Conditional Use within the U (Utilities) and IH (Industrial, Heavy) Zoning Districts. All required buffering and setbacks will remain in place. The proposal solely requests to amend the paving requirements for the access aisles that are intended for operational support vehicles between the stockpiles. These drive-aisles are distinguished from the drive-aisles serving the public areas,i.e.,the parking lot. B. Whether the proposed amendment is in conflict with all elements of the St. Lucie County Comprehensive Plan; The proposed text amendment is consistent with all elements of the St.Lucie County Comprehensive Plan. The following specific goals,objectives,and policies from the Comprehensive Plan were analyzed: Policy 4B.1.1.4- Continue to implement the most cost-effective alternative solid waste management practices that would extend the useful life of the landfill.These alternatives include,but are not limited to: resource recovery,volume reductions by solid waste generators, separation of solid wastes at the source,public information programs,and operational changes which could improve efficiency. ST. LUCIE WORKS Page 712 of 1093 Project Name: Sampson Tree Service File No.:TLDC-2202125950 C. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses; The proposed Text Amendment to the St. Lucie County Land Development Code is not site specific but applies to the IH(Industrial,Heavy)and U(Utilities)Zoning District(s)Countywide.The use classification requires a Conditional Use Permit, which provides for analysis of consistency with the existing and proposed land uses. D. Whether there have been changed conditions that require an amendment; The development of innovative products has changed conditions since the adoption of the 1999 ordinance. The applicant's request to allow for an alternate base material is founded on industry experience of the impracticability of maintaining an impervious all-weather surface due to the frequent traversing of heavy equipment and the damage that the weight causes. There have been advancements of new stabilization products have been proven to be as effective as concrete and asphalt(i.e,TrueGrid)while providing 100% permeable surfaces and absorb stormwater without the runoff. These products are engineered to accommodate heavy load applications in lieu of heavy-duty pavement that may crack. These pervious and stabilized surface alternatives can reduce or eliminate the need for expensive surface treatment. This amendment also considered stabilized earth products such as mulch. Through site design(i.e.,the slope of stockpiles and perimeter barriers) and proper management, pervious surfaces can be safe and not cause pollution into the stormwater systems. E. Whether and the extent to which the proposed amendment would result in demands on public facilities,and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities,including but not limited to transportation facilities,sewage facilities,water supply,parks,drainage,schools,solid waste,mass transit,and emergency medical facilities; The proposed Text Amendment will not result in additional demands on public facilities. All development is required to adhere to adopted Level of Service (LOS) and concurrency standards. Site-specific facility impacts are addressed at the time of development application. Site Development is required to provide stormwater conveyance areas and treatment, accounting for materials used in an impervious or semi- impervious fashion. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed Text Amendment would not result in adverse impacts on the natural environment. The proposed text amendment is not expected to increase development pressures on natural areas and does not modify or exempt improvements from any of the County's natural resource protection standards. The proposed Text Amendment would not relieve the applicant from compliance with the storm water rules found in Chapters 62-25 and 62-330 of the Florida Administrative Code. Stormwater controls and specific site elements shall be designed to prevent run-off from entering the processing and storage areas. The storage of yard materials will remain controlled and site-specific environmental impacts will be addressed at the time of Site Plan and Conditional Use Permit application. G. Whether and the extent to which the proposed amendment would adversely affect the property values in the area; The proposed amendment is not anticipated to have an adverse impact on property values. H. Whether and the extent to which the proposed amendment would not result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; This amendment does not propose zoning district use changes;therefore,this amendment will maintain an orderly and logical development pattern. The required site plan must demonstrate compliance with the St. Lucie County Land Development Code and Comprehensive Plan. ST. LUCIE `\NOR<S 3 Page 713 of 1093 Project Name: Sampson Tree Service File No.: TLDC-2202125950 I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of this code.Any potential conflict with public interests associated with a site-specific request can be addressed through the associated Conditional Use Permit and Site Plan process.The Conditional Use Permit process ensures that any proposed development be reviewed in context to the surrounding neighborhood through review of the location, design, intensity, configuration, and public facility impact in order to determine the appropriateness of the use and the compatibility with adjacent uses. J. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners,in review and consideration of the proposed amendment. The Planning and Zoning Commission and the Board of County Commissioners may raise other matters regarding the proposed Land Development Code Text Amendment. PLANNING AND ZONING COMMISSION: On March 18, 2021 the Planning & Zoning Commission held a public hearing and voted unanimously to recommend approval of the proposed Text Amendment to the Board of County Commissioners. On April 6,2021,the Board of County Commissioners recommended approval of the First Reading to schedule the Adoption Hearing,by a four to one vote,with Chair Dzadovsky dissenting. STAFF RECOMMENDATION: Staff recommends Board authorization to schedule the second Public Hearing for the Land Development Code Text Amendment to amend the supplemental standards for land clearing and yard trash recycling operations to allow an alternative clean stabilized surface as the base area for stockpile staging, in addition to a concrete or asphalt surface, and to allow the access aisles between the stockpiles to be constructed of other paved surface that is acceptable to the County,in addition to a concrete or asphalt surface. ST. LUCIE WORKS 4 Page 714 of 1093 Ordinance No. 2021-012 Scrap,Waste Recycling Operations File No.:TLDC-2202125950 Page 1 ORDINANCE No.: 2021-012 File No.: TLDC-2202125950 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 7.10.12 — SCRAP, WASTE, RECYCLING OPERATIONS, PROVIDING FOR 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 (Board), based on the testimony and evidence, including but 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. On August 17, 1999, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 99-003 for the purpose of creating supplemental standards for scrap, waste, recycling operations, applicable to the IH (Industrial, Heavy)and U (Utilities)Zoning District, within the St. Lucie County Land Development Code. 4. 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. 3. On March 18, 2021, the Planning and Zoning Commission held a Public Hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on March 6, 2021. The Planning and Zoning Commission recommended to the Board of County Commissioners approval/denial of the proposed text amendment to the St. Lucie County Land Development Code. 4. 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. 5. On April 6, 2021, the Board of County Commissioners held its first Public Hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on March 24, 2021. 6. On , 2021, the Board of County Commissioners held its second Public Hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on , 2021. Page 715 of 1093 Ordinance No.2021-012 Scrap, Waste Recycling Operations File No.: TLDC-2202125950 Page 2 7. The proposed amendments to the St. Lucie County Land Development Code are/are not consistent with the general purpose, goals, objectives, and standards of the St. Lucie County 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 RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. THE SPECIFIC AMENDMENT TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE ARE TO READ AS FOLLOWS: The specific amendments to the St. Lucie County Land Development Code to read as follows in and underline format: 7.10.00. — SUPPLEMENTAL STANDARDS 7.10.12.- Scrap, Waste, Recycling Operations C. In the IH (Industrial Heavy) or U (Utility) zoning district, land clearing and vegetative yard trash recycling operations, that are engaged in the recycling and processing of land clearing and vegetative yard trash only, may be permitted as a conditional use subject to the following criteria: 6.a. The base area on which the stockpiles are located must be constructed of either a concrete surface, asphalt surface, or other clean all w other stabilized surface that is acceptable to the County. Compliance with the stormwater rules found in Chapters 62-25 and 62-330 of the Florida Administrative Code(F.A.C.) is required for all stockpiles regardless of base material. Stormwater controls and specific site elements shall be designed to prevent run-off from entering the processing and storage areas. b. The access aisles between the stockpiles must be constructed of either a concrete surface, asphalt surface, or other r stabilized paved surface that is acceptable to the County. Alternative surfaces may be considered outside of the Urban Service Boundary if approved by the County Engineer or Designee. c. Recycling operations, that are engaged in the recycling and processing of land clearing and vegetative yard trash only must comply with the requirements specified in Rule 62-709 of the F.A.C. All land clearing and vegetative yard trash recycling operations shall submit to an annual site inspection to be conducted by the St. Lucie County Code Compliance Department. d. Size-reduce or remove yard trash within 6 months or time needed to receive 3,000 tons or 12,000 cubic yards, whichever is greater. Separated logs with 6 inch diameter or greater can be stored for up to 12 months before being size-reduced or removed. 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 I.. ordinance are hereby superseded by this ordinance to the extent of such conflict. 4t19 Oilthej I" //j) f , .rf1 / 64111e/ �t3 II C� �i4d m Pa� ge 716 of 1093 Al / 1110 Weil& Ordinance No.2021-012 Scrap,Waste Recycling Operations File No.:TLDC-2202125950 Page 3 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: Chris Dzadovsky, Chair Sean Mitchell, Vice Chair Linda Bartz, Commissioner Frannie Hutchinson, Commissioner Cathy Townsend, Commissioner 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. Page 717 of 1093 Ordinance No. 2021-012 Scrap,Waste Recycling Operations File No.:TLDC-2202125950 Page 4 PASSED AND DULY ENACTED this day of , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney Page 718 of 1093 ST. LUCIE COUNTY IS4T I UDC IIE Planning & Development Services Department COUNTY Planning Division F L OR IDA —4141111 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822— Fax: 772-462-1581 http://www.stlucieco.orq/planninq/planning.htm DEVELOPMENT APPLICATION A pre-application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Type [check each that applied Site Plan Rezoning 3 ❑ Major Site Plan ❑ Rezoning (straight rezoning) p Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan Other ❑ Minor Adjustment to PUD/PNRD/PMUD ❑ Administrative Relief Planned Development ❑ Class A Mobile Home° ❑ Planned Town or Village (PTV) ❑ Developer Agreement(Submit per LDC ❑ Planned Country Subdivision (PCS) 11.08.03) ❑ Planned Retail Workplace (PRW) ❑ Power Generation Plants ❑ Prelim. Planned Unit Develop. (PUD) 0 Extension to Development Order ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Historical Designation/Changes ❑ Prelim. Planned Non-Res. Develop. (PNRD) p Land Development Code Text Amendment' ❑ Final Planned Unit Develop. (PUD) ❑ Plat ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Post Development Order Change ❑ Final Planned Non-Res. Develop. (PNRD) ❑ Re-Submittal# ° Conditional Use 1 ❑ Shoreline Variance ❑ Conditional Use ❑ Stewardships—Sending/Receiving ❑ Major Adjustment to a Conditional Use ❑ Telecom Tower(Submit per LDC 7.10.23) ❑ Minor Adjustment to a Conditional Use ❑ Transfer of Development Rights Variance 2 ❑ Waiver to LDC/Comp. Plan Requirements 9 ❑ Administrative Variance ❑ Appeal of Decision by Administrative Officia110 ❑ Variance Li Eminent Domain Waiver17 ❑ Variance to Coastal Setback Line Application Supplement Packages 1. Conditional Use 6. Historical Designation/Change 10.Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning /Zoning Atlas Amend. 8. Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised May 6, 2013 Page 719 of 1093 • FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS— Planning Division Application Type: Land Development Code Text Amendment Supplemental Application Package No.: 7 (Please provide separate fee calculation worksheet for each application type) O BASE REVIEW FEE: $ 2,550.00 (A) O CONCURRENCY FEE: $ (B) El ERD REVIEW FEE: $ 150.00 (C) El UTILITIES $ 50.00 El PER ACREAGE CHARGE: $ (D) ❑ RESUBMITTAL FEE: (if applicable) $ (E) ❑ OTHER $ SUBTOTAL OF BASIC FEES: $ 2,750.00 ❑ PRE-APPLICATION MEETING FEE: (F) $( ) deduction Receipt No. of Payment: $-412.50-COVID relief Date of Pre App: BALANCE OF FEES DUE: $ 2,337.50 SEPARATE CHECK FOR TRAFFIC IMPACT STUDY—Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00— Methodology Meeting (H)(If Applicable) • Additional fees will be due if a 3rd party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3`d party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to"Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Pre-Application Meeting Request 716•414y S. Lit Applicant Na e(Printed) Signature of applicant (For office use only) INTAKE REVIEWER-SIGNATURE DATE VERIFIED BY-SIGNATURE DATE File#: Receipt#: Targeted Industry: Page 2 of 6 Revised March 15, 2016 Page 720 of 1093 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: O Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) O Aerial Photograph—property outlined (available from Property Appraiser's office 0 Property Deed O Legal description, in MS Word format, of subject property* 0 Property Tax Map—property outlined (electronic copy not required) 0 Survey(24x36) O 2 CDs of all documents submitted -with files named according to the Required Naming List. (attached) O Concurrency Deferral Affidavit; or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24"x36" at a scale of 1"=50' (12 copies-folded, not rolled) ❑ Boundary Survey (24x36)—Signed and Sealed (12 originals) ❑ Topographic Survey(24x36)—Signed and Sealed (12 originals) ❑ Landscape Plan—Signed and Sealed (12 originals) ❑ Traffic Impact Report(TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) El Environmental Impact Report(4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the"Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification—submitted at least 2 weeks prior to expiration. (LDC 11.02.06) El Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: El Main Application and back up material El Approved Site Plan and copy of approved Development Order El Plat - Include extra copies of Plat for applicable conditions of approval (3 Original Mylars Needed for Recording) *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3 of 6 Revised March 15, 2016 Page 721 of 1093 Project Information Project Name: Sampson Tree Service Site address: 21001 Orange Avenue, Fort Pierce, FL Parcel ID Number(s): 2209-311-0001-000-9 Legal Description: (Attach additional sheets if necessary-also must be provided in MS Word format on CD) 9 35 38 THAT PART OF E 1/2 OF E 1/2 OF SW 1/4 MPDAF: BEG INTER E LI SW 1/4 OF SEC AND S RD R/W LI OF ORANGE AVE,TH S 0011 11 E 2416.11 FT TO N RNV LI CANAL 64,TH N 89 53 12 W 327.58 FT,TH N 0011 01 W 936 FT,TH N 89 53 12 W 5 FT,TH N 00 11 01 W 1480.05 FT TO S RD RNV LI ORANGE AVE,TH S 89 53 47 E 332.46 FT TO POB-LESS S 39 FT FOR RD AND CANAL RS/W-(18.34 AC) Property location-Section/Township/Range: 9/35S/38E Property size-acres: 18.38 Square footage:800,632.80 sf Future Land Use Designation: AG Zoning District:AG-5 Description of project: (Attach additional sheets if necessary) 7.10.00. - SUPPLEMENTAL STANDARDS 7.10.12.- Scrap Waste Recycling Operations C.6.A. The base area on which the stockpiles are located must be constructed of either a concrete surface, asphalt surface, or other clean all-we-atlier stabilized surface that is acceptable to the County. Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing Proposed: ❑ Industrial Total Square Footage: Existing Proposed: ❑ Residential No. of residential units: Existing Proposed: No. of subdivided lots: Existing Proposed: Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised March 15, 2016 Page 722 of 1093 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Agent Information: Business Name: Lucky 13 Holdings,LLC Business Name: Engineering Design&Const., Inc. Name: Richard A.Sampson Name: Bradley J.Currie,AICP Address: 2170 SW Conant Avenue Address: 10250 SW Village Parkway,Ste 201 Port St. Lucie,FL 34953 Port St.Lucie,FL 34987 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: 772-336-3456 Phone: 772-462-2455 Fax: Fax: 772-408-4208 Email: rich@sampsontree.com Email: bradcurrie@edc-inc.com Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. / 4L _- Iyoperty Owner Signature / Property Owner Name(Printed) Mailing Address: 170 SW Conant Avenue Phone: If more than one owner, please submit additional Port St. Lucie, FL 34953 pages STATE OF Florida , COUNTY OF St. Lucie The foregoing instrument was acknowledged before me this S rd __clay of if..tyua al 20 ZA by trao Jl l (',lA 1 rrl e_ wh is ersonally known to me or o has produced JJ as identification. Signature of Notary Type or Print Name of Notary 014 0°U taTil Commission Number (Seal) � r�aMseta of Florida �, w My Commission MH 008604 Expires D811112024 Page 5of6 Revised March 15,2016 Page 723 of 1093 Required Document Naming List *All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. * Document Document Format Required Name on CD Aerial Photograph PDF Aerial.pdf Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev.pdf Boundary/Topographic Survey PDF BoundaryTopo.pdf Drainage/Stormwater Plan PDF DrainagePln.pdf Easements PDF Easements.pdf Environmental Impact Report PDF or Word EIR.pdf or EIR.doc Existing Condition Plan PDF ExistingCond.pdf Flood Plain PDF or Word Flood.pdf or Flood. Doc Landscape Plan PDF Landscape.pdf Legal Description Word Legal.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Mitigation.pdf Mobile Home Plans PDF or Word MobileHome.pdf or MobileHome.doc Paving Plan PDF Paving.pdf Permit(External) PDF Permit.pdf Plat PDF Plat.pdf or Plat.doc Property Deed PDF Deed.pdf Site Plan PDF SitePlan.pdf Traffic Impact Report PDF or Word TIR.pdf or TIR.doc Tree Survey PDF Tree.pdf Turtle Protection PDF or Word Turtle.pdf or Turtle.doc Utility Plan PDF Utiliity.pdf Vegetation Removal Application PDF Vegetation.pdf Page 6 of 6 Revised March 15,2016 Page 724 of 1093 Supplement 7 LDC Text Amendment Application Supplement Refer to Land Development Code(LDC) Section 11.06.00 for details 1. If you are requesting an amendment to the text of the LDC, the precise wording of any proposed amendment to the text shall be provided: 7.10.00.—SUPPLEMENTAL STANDARDS 7.10.12.- Scrap Waste Recycling Operations C.6.A. The base area on which the stockpiles are located must be constructed of either a concrete surface, asphalt surface, or other clean all-weather stabilized surface that is acceptable to the County. 2. Please give a statement describing any changed conditions that would justify an amendment: Through site design (i.e., the slope of stockpiles and perimeter barriers) and proper management, pervious surfaces can be utilized to provide a safe alternative to impervious materials for scrap and waste recycling operations. Additionally, pervious surfaces can be designed using best management practices to eliminate the potential for pollution encroaching into the stormwater systems. Furthermore, the advancement of new stabilization products has been proven to be as effective as concrete and asphalt (i.e, TrueGrid) while providing 100% permeable surfaces and absorb stormwater without the runoff. These pervious and stabilized surface alternatives can reduce or eliminate the need for expensive surface treatment. 3. Please give a statement describing why there is a need for the proposed amendment: This amendment would provide greater flexibility to the industry by simplifying the development of recycling operations, thus lowering the barriers to provide accessible recycling services. Concrete and asphalt is difficult and costly to maintain with constant traversing of the heavy equipment and vehicles needed for this operation. 4. Please give a statement describing whether and how the proposed amendment conforms to the St. Lucie County Comprehensive Plan: There is great emphasis on the importance of recycling and the need to reduce the amount of waste sent to landfills and incinerators, due to capacity constraints. Currently,yard waste and debris are transported to the local landfill for disposal.This amendment will assist in alleviating a portion of the development costs,which can be prohibitive in the development of waste recycling operations. Accordingly, this amendment will further Comprehensive Plan Policy 4B.1.1.4, which states, "Continue to implement the most cost-effective alternative solid waste management practices that would extend the useful life of the landfill. These alternatives include, but are not limited to: resource recovery, volume reductions by solid waste generators, separation of solid wastes at the source,public information programs, and operational changes which could improve efficiency." Page 1 of 2 Revised:February 10,2011 Page 725 of 1093 Supplement 7 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; The proposed amendment only seeks to modify the stockpile base material options.There will be no change to the intensity of development. The use is currently listed as an allowable Conditional Use within the U(Utilities)and the IH(Industrial,Heavy)Zoning Districts.All required buffering and setback requirements will remain. B) Affects the capacities of public facilities, including but not limited to transportation facilities, sewage facilities,water supply, parks, drainage, schools, solid waste, mass transit,and emergency medical facilities; (Would it exceed the capacity of the above public facilities?) This amendment will have no effect on the public facilities listed. Facility usage would not be any different by allowing a pervious base versus an impervious base for the stockpile areas. C)Affects the natural environment;(If no adverse impacts are anticipated,please explain why.) This amendment will have no adverse impacts on the natural environment. Through site design and implementing industry best practices,run-off prevention measures will be in place to prevent water pollution.Additionally,the stockpiles are currently and will remain,required to be enclosed by an opaque barrier to mitigate negative impacts. D) Will result in an orderly and logical development pattern; (Identify any negative effects.) There are no zoning district use changes proposed with this amendment;therefore,this amendment will maintain an orderly and logical development pattern. The required site plan must demonstrate compliance with the St. Lucie County Land Development Code and Comprehensive Plan. 6. Please explain the applicant's interest in the subject amendment and how it affects their property; The applicant owns a parcel on Orange Avenue,partly within the Utility Zoning District,with an operating business.The applicant filed a Conditional Use Permit request to supplement the current business by facilitating the recycling and reuse of the yard waste and debris that is removed off- site by their tree service business. 7. Please include such other information or documentation as the Planning&Development Services Director may deem necessary or appropriate to a full and proper consideration and disposition of this particular application. The applicant will provide additional information as requested by staff during the review. Page 1 of 2 Revised:February 10,2011 Page 726 of 1093 Supplement 7 Please Note: This LDC Text Amendment Application Supplement will not be considered complete without the Development Application,complete with notarized signatures of all persons applying for this amendment, or giving their consent to the filing of this application and supplement. Tftiky I &wit ure Applicant or Agent Name(Printed) Sign { Page 1 of 2 Revised:February 10,2011 Page 727 of 1093 Supplement 7 LDC Text Amendment Application Supplement Refer to Land Development Code(LDC) Section 11.06.00 for details 1. If you are requesting an amendment to the text of the LDC, the precise wording of any proposed amendment to the text shall be provided: 7.10.00. —SUPPLEMENTAL STANDARDS 7.10.12.- Scrap Waste Recycling Operations C.6.A. The base area on which the stockpiles are located must be constructed of either a concrete surface, asphalt surface, or other clean al stabilized surface that is acceptable to the County. 2. Please give a statement describing any changed conditions that would justify an amendment: Through site design (i.e., the slope of stockpiles and perimeter barriers) and proper management, pervious surfaces can be safe and not cause pollution into the stormwater systems. Furthermore, the advancement of new stabilization products has been proven to be as effective as concrete and asphalt (i.e, TrueGrid) while providing 100% permeable surfaces and absorb stormwater without the runoff. These pervious and stabilized surface alternatives can reduce or eliminate the need for expensive surface treatment. 3. Please give a statement describing why there is a need for the proposed amendment: This amendment would provide greater flexibility to the industry by simplifying the development of recycling operations. Concrete and Asphalt is hard to maintain with constant traversing of the heavy equipment and vehicles needed for this operation. 4. Please give a statement describing whether and how the proposed amendment conforms to the St. Lucie County Comprehensive Plan: There is great emphasis on the importance of recycling and the need to reduce the amount of waste sent to landfills and incinerators due to capacity constraints. Currently, yard waste and debris are transported to the local landfill for disposal. This amendment will assist with alleviating the development cost which burdens and encumber the construction of land clearing operations. Accordingly, this amendment will further Comprehensive Plan Policy 4B.1.1.4, which states, "Continue to implement the most cost-effective alternative solid waste management practices that would extend the useful life of the landfill. These alternatives include, but are not limited to: resource recovery, volume reductions by solid waste generators, separation of solid wastes at the source, public information programs, and operational changes which could improve efficiency." 5. Please give a statement outlining the extent to which the proposed amendment: Page 1 of 2 Revised:February 10,2011 Page 728 of 1093 Supplement 7 A) Is compatible with existing land uses; The proposed amendment only seeks to remove the stockpile base material requirement. There will be no change to the intensity of development. The use is currently listed as an allowable Conditional Use within the U (Utilities) Zoning District. All required buffering and setbacks will remain in place. B) Affects the capacities of public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; (Would it exceed the capacity of the above public facilities?) This amendment will have no affect on the public facilities listed. Facility usage would not be any different by allowing a pervious base versus an impervious base for the stockpile areas. C)Affects the natural environment; (If no adverse impacts are anticipated,please explain why.) This amendment will have no adverse impacts on the natural environment.Through site design and operating using industry best practices, run-off prevention measures will be in place to prevent water pollution.Additionally,the stockpiles are currently and will remain,required to be enclosed by an opaque barrier to mitigate negative impacts. D) Will result in an orderly and logical development pattern; (Identify any negative effects.) There are no zoning district use changes proposed with this amendment; therefore, this amendment will maintain an orderly and logical development pattern. The required site plan must demonstrate compliance with the St. Lucie County Land Development Code and Comprehensive Plan. 6. Please explain the applicant's interest in the subject amendment and how it affects their property; The applicant owns the subject property and currently has an operating business located on- site. This land clearing operation will supplement the current business by facilitating the recycling and reuse of the yard waste and debris that is removed off-site by the tree service business. 7. Please include such other information or documentation as the Planning&Development Services Director may deem necessary or appropriate to a full and proper consideration and disposition of this particular application. The applicant will provide additional information as requested by staff during the review. Page 1 of 2 Revised:February 10,2011 Page 729 of 1093 Supplement 7 Please Note: This LDC Text Amendment Application Supplement will not be considered complete without the Development Application,complete with notarized signatures of all persons applying for this amendment, or giving their consent to the filing of this application and supplement. Applicant or Agent Name (Printed) Signature Page 1 of 2 Revised:February 10,2011 Page 730 of 1093 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA Tuesday, April 20, 2021 NOTICE OF PROPOSED TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE The Board of County Commissioners of St.Lucie County,Florida,is scheduled to review and consider the following item petitioned by the applicant for adoption by Ordinance: ORDINANCE NO. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 7.10.12-SCRAP,WASTE,RECYCLING OPERATIONS, PROVIDING FOR 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. APPLICANT:Richard Sampson,Lucky 13 Holdings,LLC FILE NUMBER:TLDC-2202125950 PURPOSE: The applicant filed a Text Amendment to the Land Development Code proposing to amend the supplemental standards for land clearing and yard trash recycling operations to allow an alternative clean stabilized surface as the base area for stockpile staging, in addition to a concrete or asphalt surface,and to allow the access aisles between the stockpiles to be constructed of other paved surface that is acceptable to the County,in addition to a concrete or asphalt surface. The Board of County Commissioners ADOPTION PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex,3rd Floor,St.Lucie County Administration Building,2300 Virginia Avenue, Fort Pierce, Florida on Tuesday.April 20. 2021 beginning at B:00 om or as soon thereafter as possible. All interested persons will be given an opportunity to be heard.Written comments received in advance of the public hearing will also be considered.If residents are concerned about COVID-19 or have health concerns,please refrain from coming to public meetings in person.You can live stream the meeting and contact the commissioners via phone or email as an alternative to making public comments in person. Public comment for upcoming meetings can be submitted in several ways: • Email at https://stluciecounty.formstack.com/forms/public_ comment_form; • Residents without Internet access can comment by phone at 772-462-1499 and TDD(telecommunications device for the deaf) number at 772-462-1428. Comments must be submitted by noon the day prior to the meeting. Comments will be distributed to the Commission in advance of the meeting and included in the record provided the comments comply with the County's rules. Comments received by phone will be either played at the meeting or transcribed in written form provided that the comments comply with the County's rules. General public comment is limited to three minutes or roughly 390 words; while comments for public hearing items are limited to five minutes or roughly 750 words. The petition file is available for review at the Planning and Development Services Department offices located at 2300 Virginia Avenue,2nd Floor, Fort Pierce, Florida, during regular business hours. Please call (772) 462-2822 or TDD(772)462-1428 if you have any questions or require additional information. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded.PURSUANT TO SECTION 286.0105,FLORIDA STATUTES, if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing,he or she will need a record of the proceedings. For such purpose,he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in.Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request.If it becomes necessary,a public hearing may be continued from time to time to a date-certain. Anyone with a disability requiring an accommodation to attend this meeting should contact the St.Lucie County Community Risk Manager at least forty-eight(48)hours prior to the meeting at(772)462-1546 or T.D.D.(772)462-1428.Any questions about this agenda may be referred to St.Lucie County Planning Division at(772)462-2822. BOARD OF COUNTY COMMISSIONERS ST.LUCIE COUNTY,FLORIDA /S/CHRIS DZADOVSKY,CHAIR PUBLISH DATE:Wednesday,April 7,2dilage 731 of 1093 TR-eC10622810.01 S~T�l■+uiC�'E PUBLIC WORKS DEPARTMENT Co(!1'NTY • DEVELOPMENT REVIEW COMMITTEE v R March 4, 2021 PROJECT: Sampson Tree Service REF: MNSP-6202025774 TO: Bethany Grubbs FROM: Grant Chambers Completeness Review: The information provided is sufficient to review for Deficiency. Deficiency Review: The following comments are offered based on narrative dated February 3, 2021. 1. Public Works recommends the text be revised to read: B. The access aisles between the stock piles must be constructed of either a concrete surface, asphalt surface, or other paved surface that is acceptable to the County. Alternative surfaces may be considered outside of the Urban Service Boundary if approved by the County Engineer or Designee. 2. For discussion regarding these comments, please contact myself at 772-462-2741 or chambersg(c stlucieco.org. Page 732 of 1093 7.10.12. -Scrap,Waste and Recycling Operations. A. In the IL (Industrial Light) zoning district, scrap and waste material collection operations may be permitted as a conditional use subject to the following criteria: 1. The collection operations shall be limited to the acceptance of glass, plastic, paper, cardboard, metal cans, and non-ferrous metals. 2. The property on which the collection activity is to take place shall be at least forty-three thousand five hundred sixty (43,560) square feet (1 acre) and no more than two hundred thousand (200,000) square feet(4.5 acres) in total area. 3. All activities, including storage of the collected materials shall be conducted within a completely enclosed structure. No outside storage of materials of any kind shall be permitted. 4. The property on which the collection activity is taking place shall be surrounded by a fence, wall, or vegetative screening eight(8)feet in height. Such fence or wall shall be of similar composition, construction, and color throughout and shall be constructed without openings except for one (1) entrance and one (1) exit; the entrance and exit shall be equipped with unpierced gates. Such gates shall be closed and securely locked at all times, except during business hours. If vegetative screening is to be substituted for a fence or wall, plans for such vegetative screening shall be submitted with the application for conditional use approval. Such vegetative screening shall consist of a greenbelt strip at least twenty (20)feet in width adjoining adjacent lot lines, and a greenbelt strip at least ten (10)feet in width adjoining street line. The greenbelt shall be composed of at least one(1) row of deciduous or evergreen trees and one(1)or two (2) rows of shrubs. 5. Regardless of building size, a complete site plan prepared in accordance with the provisions of Section 11.02.00 (Major Site Plan) shall be required with the application for conditional use. The application for conditional use shall not be considered complete until all minimum site plan criteria have been determined to be met. 6. The reprocessing of the collected materials into any other product, by-product or other use or form is prohibited, unless the reprocessing is allowed in conjunction with manufacturing of a new product or material as would otherwise be permitted in the IL(Industrial Light) district. B. In the IH (Industrial Heavy) zoning district, scrap and waste material operations may be permitted as a conditional use subject to the following criteria: 1. The yard shall be at least forty-three thousand five hundred sixty (43,560) square feet and no more than two hundred thousand (200,000) square feet in area. 2. No junked vehicle, or any other junk or scrap shall be located for storage, dismantling, or any other purpose within seventy-five (75) feet of any residential district, within fifty (50) feet of the front street line, within thirty (30)feet of any side street line, or within thirty (30) feet of any other lot line. 3. The yard shall be surrounded by a fence, wall, or vegetative screening eight (8) feet in height. Such fence or wall shall be of similar composition, construction, and color throughout and shall be constructed without openings except for one (1) entrance and one (1) exit; the entrance and exit shall be equipped with unpierced gates. Such gates shall be closed and securely locked at all times, except during business hours. If vegetative screening is to be substituted for a fence or wall, plans for such vegetative screening shall be submitted with the application for conditional use approval. Such vegetative screening shall consist of a greenbelt strip at least twenty (20)feet in width adjoining adjacent lot lines, and a greenbelt strip at least ten (10)feet in width adjoining street line. The greenbelt shall be composed of at least one (1) row of deciduous or evergreen trees and one(1) or two (2) rows of shrubs. Page 733 of 1093 4. Junked or wrecked vehicles shall be stacked to a height of no more than twenty-four(24) feet. 5. Regardless of building size, a complete site plan prepared in accordance with the provisions of Section 11.02.00 (Major Site Plan) shall be required with the application for conditional use. The application for conditional use shall not be considered complete until all minimum site plan criteria have been determined to be met. C. In the IH (Industrial Heavy) or U (Utility) zoning district, land clearing and yard trash recycling operations, that are engaged in the recycling and processing of land clearing and yard trash only, may be permitted as a conditional use subject to the following criteria: 1. Business operations authorized under this Section shall be limited to the recycling, processing and short term storage of land clearing and yard trash only, and shall not be permitted to recycle, process or store for any period of time construction or demolition debris, except for that construction or demolition debris that may otherwise be defined as land clearing debris or yard trash. 2. The total site area devoted to the recycling, processing and storage of land clearing and yard trash debris shall be at least five (5) acres, but no more than fifteen (15) acres. 3. The recycling yard, including all product receiving areas, shall be surrounded by a fence, wall, or opaque vegetative screening eight (8) feet in height. Such fence or wall shall be of similar composition,construction, and color throughout and shall be constructed without openings except for one (1) entrance and one (1) exit; the entrance and exit shall be equipped with unpierced gates. Such gates shall be closed and securely locked at all times, except during business hours. If vegetative screening is to be substituted for a fence or wall, plans for such vegetative screening shall be submitted with the application for conditional use approval. Such vegetative screening shall consist of a greenbelt strip at least twenty (20)feet in width adjoining all adjacent lot lines, and a greenbelt strip at least fifteen (15) feet in width adjoining any street line. The greenbelt shall be composed of at least one (1) row of deciduous or evergreen trees and one (1) or two (2) rows of shrubs. Maintenance of the fence, wall, or opaque vegetative screening shall be the responsibility of the property owner consistent with the other provisions of this Code. 4. All sides of each Individual debris storage (stockpile) areas shall be accessible by means of fire lanes. Fire lanes shall be a minimum of one and one-half(1'/2) times the height of the pile, but in no case shall the fire lane be less than twenty (20) feet in width. A minimum one hundred (100) foot wide clear space shall be provided between every two(2)debris storage piles and there shall be a one hundred (100) foot wide fire lane at the end of each storage or stockpile, regardless of overall length. Figure 7-29 depicts the general layout of the debris storage stockpile areas: The maximum length of an individual debris storage stockpile shall not exceed five hundred (500) feet. The maximum width of an individual debris storage stockpile shall not exceed one hundred (100) feet. The maximum height of any one(1) storage pile shall not exceed thirty (30) feet. All stockpiles shall be surrounded with a network of fully operating fire hydrants spaced at intervals of no more than two hundred fifty (250) feet. No portion of the stockpile yard shall be less than two hundred (200)feet from any fire hydrant. Each fire hydrant shall provide for a minimum fire flow of seven hundred fifty (750) gallons per minute, unless otherwise provided for by the St. Lucie County Fire District. An area equal to fifteen percent (15%) of the total area occupied by the debris storage areas (stockpiles) shall be reserved for the emergency relocation of the stored materials should it be necessary for fire fighting purposes. This emergency storage area may not include any of the required minimum setbacks or separation corridors for the debris storage areas (stockpiles). This emergency storage area shall be adequately served with access to fire suppression resources, consistent with this code. Page 734 of 1093 FIGURE 7-29 LAYOUT OF LAND CLEARING AND YARD WASTE STORAGE PILES Storage Pile 100 Storage PI 4- 100 foot clew space and fire lane F • Storage Pile molxt(mo.) Storage Pile Storage Pile Fire Lane 1 %times the pile height -not less less.han 30 feet width 100 Storage Pile Storage Pile 250 ft.(Max.) r*,,,e: 100' i Storage Pile Storage Pile ' The total site area that may be covered with the debris storage areas (stockpiles), excluding the emergency stockpile area, shall not exceed sixty percent(60%) of the gross area of the project site. 5. Individual stockpiles shall be located at least one hundred (100) feet from any brush or tree line and shall be no closer than fifty (50)feet to any property line or street right-of-way line. 6. The base area on which the stockpiles are located must be constructed of either a concrete surface, asphalt surface, or other clean all weather stabilized surface that is acceptable to the County The access aisles between the stock piles must be constructed of either a concrete surface, asphalt surface, or other clean all weather stabilized surface that is acceptable to the County. 7. All materials received into the recycling yard shall be rotated through the recycling yard within twelve(12) months of its acceptance and deposition in the recycling yard. 8. All land clearing and yard trash recycling operations shall submit as part of the application for Conditional Use permit a copy of Fire Prevention Plan for the specific recycling operations that has been approved by the St. Lucie County Fire District, Fire Prevention Bureau. This fire prevention plan shall, at a minimum, address all requirements and recommendations of NFPA 46, Recommended Safe Practice for Storage of Forest Products, unless otherwise restricted further by this Code 9. All land clearing and yard trash recycling operations shall submit to an annual fire prevention inspection to be conducted, upon reasonable notice, by the St. Lucie County Fire District, Fire Prevention Bureau. 10. All stockpiles shall be constructed and located so as to afford the opportunity to measure the internal temperatures of the land clearing materials in the stockpile in order to monitor fire hazard. 11. All vehicles used on the stockpile shall be of a type that minimizes the compaction of the stockpile. 12. Regardless of building size, a complete site plan prepared in accordance with the provisions of Section 11.02.00(Major Site Plan)shall be required with the application for Conditional Use. The application for Conditional Use shall not be considered complete until all minimum site plan criteria have been determined to be met. 13. Every land clearing and yard trash recycling operation, authorized under this section, shall establish a cash security fund, bond or provide the County with an irrevocable letter of credit Page 735 of 1093 based on the schedule below, to secure the cost of removing of all accumulated land clearing and yard trash debris from the site if it has been determined by the County Commission, following a duly noticed public hearing, that the land clearing and yard trash recycling operation has been abandoned or recycling operations have ceased for period in excess of six (6) months, or of the Conditional Use Permit is revoked for any reason. The provisions of this paragraph shall not apply to any land clearing and yard trash recycling operation operated by any unit of local government within the County. Storage Yard Size Required Security 5 to 7.5 acres $ 50,000 7.5 to 12.5 acres $100,000 12.5 to 15 acres $150,000 14. Any lawfully, existing land clearing and yard trash recycling operation as of August 17, 1999, shall conform to the above described standards no later than January 1, 2001. In the event that any existing land clearing and yard trash recycling operation fails to meet the requirements of this section, the County shall pursue all available remedies to compel compliance with the provisions of this section and any other applicable provision of this code. 15. The Code Enforcement Board, shall be the responsible enforcement board assuring compliance with the provisions of this section and related sections within this Code. If the Public Works Director, in consultation with the County Administrator, or his/her designee, and County Attorney, determines that the Code Enforcement Board process would be an inadequate response to a given violation(s), the County Attorney may institute appropriate proceedings in a court of competent jurisdiction for prosecution of the violation(s) as provided by law. 16. The violation of any of the regulations, restrictions and limitations promulgated under the provisions of this section may be restrained by injunction, including a mandatory injunction and otherwise abated in any manner provided by law. 17. Nothing contained in this provision shall prohibit the board of county commissioners from enforcing its codes by any other means. 18. In the event that St. Lucie County is declared a federal disaster area following or as a result of either hurricane or freeze damage, the County Commission may suspend any or all of the standards above for the duration of the declared emergency in order to facilitate the removal of vegetative debris. Page 736 of 1093 • 1 ORDINANCE NO. 99-003 2 3 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND 4 DEVELOPMENT CODE BY AMENDING SECTION 2.00.00,DEFINITIONS, 5 TO PROVIDE FOR THE ADDITION OF DEFINITIONS OF CONSTRUCTION 6 AND DEMOLITION DEBRIS, LAND CLEARING DEBRIS, LAND 7 CLEARING OPERATION, LAND CLEARING AND YARD TRASH 8 RECYCLING OPERATION AND YARD TRASH; BY AMENDING SECTION 9 3.01.03(U)(7), INDUSTRIAL HEAVY ZONING DISTRICT TO ADD YARD 10 TRASH RECYCLING OPERATIONS AS A CONDITIONAL USE; BY 11 AMENDING SECTION 3.01.03(W)(7), UTILITIES ZONING DISTRICT TO 12 ADD YARD TRASH RECYCLING OPERATIONS AS A CONDITIONAL 13 USE; BY ADDING SECTION 7.10.12(C) SCRAP AND TRASH 14 MATERIALS, TO PROVIDE FOR THE ADDITION OF LAND CLEARING 15 AND YARD TRASH RECYCLING OPERATIONS BY PROVIDING 16 RESTRICTIONS, STANDARDS, DESIGN REQUIREMENTS, REPORT 17 FILING REQUIREMENTS AND ENFORCEMENT PROCEDURES; BY 18 AMENDING SECTION 11.13.01(A) ENFORCEMENT OF CODE 19 PROVISIONS, GENERALLY, TO ADD LAND CLEARING AND YARD 20 TRASH RECYCLING OPERATIONS AS A ITEM TO BE ENFORCED BY 21 ENVIRONMENTAL CONTROL HEARING BOARD; BY PROVIDING FOR 22 CONFLICTING PROVISIONS, BY PROVIDING FOR SEVERABILITY, BY -n CD r 0 23 PROVIDING FOR APPLICABILITY, BY PROVIDING FOR FILING WITH o 7-7 m, 24 THE DEPARTMENT OF STATE, BY PROVIDING FOR AN EFFECTIVE 25 DATE, BY PROVIDING FOR ADOPTION AND PROVIDING FOR 0.Q 72- o 26 CODIFICATION. `° 27 •• `J I.1 28 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made 29 the following determination: Ltt 30 31 1. On August 1, 1990, the Board of County Commissioners of St. Lucie Fa'a o 32 County, Florida, adopted the St. Lucie County Land Development 33 Code. U' CD 34 �2Jn 35 2. The Board of County Commissioners has adopted certain •o n 36 amendments to the St. Lucie County Land Development Code, 37 through the following Ordinances: 38 PJ 39 91-03 - March 14, 1991 91-09 - May 14, 1991 --t 40 91-21 - November 7, 1991 92-17 - June 2, 1992 w] co T_ • Underline is for addition G7 r' Otrikc is for deletion ufTl Ordinance #99-003fn1 l IC M1 Page 1 [D Final 1 PRINT DATE: 08/17/99 �J n 4 - �.. ..0 NTY �RIVEYe' 4, _ Page 737 of 1093 1 93-01 - February 16, 1993 93-03 - February 16, 1993 2 93-05 - May 25, 1993 93-06 - May 25, 1993 3 93-07 - May 25, 1993 94-07 - June 22, 1994 4 94-18 - August 16, 1994 94-21 - August 16, 1994 5 95-01 - January 10, 1995 96-10 - August 6, 1996 6 97-01 - March 4, 1997 97-09 - October 7, 1997 7 97-23 - September 2, 1997 99-01 - February 2, 1999 8 99-02 - April 6, 1999 99-04 - August 17, 1999 9 99-05 - July 20, 1999 99-15 - July 20, 1999 10 99-16 - July 20, 1999 11 12 13 2. Recently the County has experienced a number of fires at land 14 clearing and yard trash recycling operations in the unincorporated 15 areas of St. Lucie County, the cost of which to extinguish has been in 16 excess of$150,000. 17 18 3. The Board has determined that the uncontrolled storage of land 19 clearing materials does create a potential hazard to the general health 20 and safety of the public. 21 22 4. On May 20, 1999, the Local Planning Agency/ Planning and Zoning 23 Commission held a public hearing on the proposed ordinance after 24 publishing notice in the Port St. Lucie News and the Tribune at least 25 10 days prior to the hearing and recommended that the proposed 26 ordinance be approved. 27 28 5. On July 6, 1999, this Board held its first public hearing on the 29 proposed ordinance, after publishing a notice of such hearing in the 30 Port St. Lucie News and the Tribune on June 24, 1999. LT1 31 ^a 32 6. On July 20, 1999 this Board held its second public hearing on the 33 proposed ordinance, after publishing a notice of such hearing in the 34 Port St. Lucie News and the Tribune on July 9, 1999, and continued 35 this public hearing until August 17, 1999. 36 37 7. On August 17, 1999, this Board reconvened the public hearing and 38 accepted additional public comments and testimony. - 39 40 8. The proposed amendments to the St. Lucie County Land 41 Development Code are consistent with the general purpose, goals, 42 objectives and standards of the St.Lucie County Comprehensive Plan Underline is for addition Otrikc is for deletion Ordinance #99-003fn1 Page 2 Final PRINT DATE: 08/17/99 Page 738 of 1093 1 and is in the best interest of the health safety and public welfare of the 2 citizens of St. Lucie County, Florida. 3 4 5 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. 6 Lucie County, Florida: 7 8 9 PART A. 10 11 THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY CODE AND COMPILED 12 LAWS TO READ AS FOLLOWS, INCLUDE: 13 14 15 CHAPTER II 16 DEFINITIONS 17 18 19 2.00.00 DEFINITIONS 20 21 When used in this Code, the following terms shall have the meanings herein ascribed to them. 22 23 Construction and demolition debris means discarded materials generally considered to be o 24 not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, 25 brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the E 1 26 construction or destruction of a structure as part of a construction or demolition project or r,,. 27 from the renovation of a structure,and including rocks, soils,tree remains,trees,and other (J1 28 vegetative matter that normally results from land clearing or land development operations -4 29 for a construction project, including such debris from construction of structures at a site 30 remote from the construction or demolition project site. Mixing of construction and 31 demolition debris with other types of solid waste will cause it to be classified as other than rn 32 construction and demolition debris. The term Construction and demolition debris also 33 includes: ,a 34 35 fa) Clean cardboard, paper, plastic, wood, and metal scraps from a construction CO 36 project; 37 38 (b) Effective January 1, 1997, except as provided in 2s. 403.707(13)(j), unpainted, Underline is for addition is for deletion Ordinance #99-003fnl Page 3 Final PRINT DATE: 08/17/99 Page 739 of 1093 1 nontreated wood scraps from facilities manufacturing materials used for 2 construction of structures or their components and unpainted, nontreated wood 3 pallets provided the wood scraps and pallets are separated from other solid waste 4 where generated and the generator of such wood scraps or pallets implements 5 reasonable practices of the generating industry to minimize the co-mingling of wood 6 scraps or pallets with other solid waste: and 7 8 (c) De minimis amounts of other nonhazardous wastes that are generated at 9 construction or destruction projects,provided such amounts are consistent with best 10 management practices of the industry. 11 12 Land Clearing Debris means uprooted or cleared vegetation resulting from a land clearing 13 operation. 14 15 Land Clearing Operation means the uprooting or clearing of vegetation in connection with 16 construction for buildings and rights-of-way, residential or industrial development, mineral 17 operations, or the clearing of vegetation to enhance property value and aesthetics. The 18 removal and destruction of shade trees due to storm or insect damage is included as a 19 land clearing operation. 20 21 Land Clearing and Yard Trash Recycling Operation means those businesses that are 22 engaged in the recycling and processing of land clearing and yard trash debris only and 23 as may be authorized as a specific Conditional Use under Section 7.10.12(C)of this Code, 24 Land Clearing and Yard Trash Recycling Operations shall not include, or apply to, the on- 25 site disposal of land clearing and yard trash debris generated from land clearing activities 26 on that property, provided that any such on-site disposal is not in conflict with any 27 applicable federal, state or local regulations. 28 Ln 29 Yard Trash means vegetative matter resulting from landscaping maintenance and land . 7 30 clearing operations. 31 T, 32 33 34 35 CHAPTER III 36 ZONING DISTRICTS 37 38 3.01.00 ZONING DISTRICT USE REGULATIONS Underline is for addition Otrikc Pit.,uyli is for deletion Ordinance #99-003fn1 Page 4 Final PRINT DATE: 08/17/99 Page 740 of 1093 • 1 3.01.03 ZONING DISTRICTS 2 3 U. IH INDUSTRIAL, HEAVY 4 5 7. Conditional Uses 6 7 a. Airport, landing and takeoff fields-general aviation. (4581) 8 b. Manufacturing: 9 (1) Paper&allied products(26) 10 (2) Chemicals&allied products c28) 11 (3) Petroleum refining&related products(29) 12 (4) Stone, clay, glass&concrete products(32) 13 (5) Primary metal industries(33) 14 (6) Ammunition &ordinance(348) 15 c. Natural or manufactured gas storage and distribution points. (492) 16 d. Scrap,.and waste,and land clearing and yard trash recycling operations materials-subject 17 to the provisions of Section 7.10.12(Bj.(psi 18 e Warehousing and storage services-stockyards. (999) 19 f. Wholesale trade-nondurable goods: 20 (1) Petroleum & petroleum products(999) 21 22 23 W. U UTILITIES 24 25 7. Conditional Uses 26 0 27 a. Airports. (458) 28 b. Electric generation plants.(491) o 29 c. Gas production plants. (492) 7c 30 d. Land clearing and yard trash recycling operations - subject to the provisions of Section 31 7.10.12. (999) FFL 32 d.e Natural or manufactured gas storage and distribution points. (492)33 e f. Protective functions and their related activities-Correctional institutions(9223) C11-434 f-g Solid waste disposal. (4953) 35 g.h. Outdoor shooting ranges,providing site plan approval is obtained according to the provisions 36 of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. (999) -v 37 r 38 �' 39 **************** I" 40 41 I4 42 CHAPTER VII 43 DEVELOPMENT DESIGN AND IMPROVEMENT Underline is for addition etriicc Th....,. 1L is for deletion Ordinance #99-003fn1 Page 5 Final PRINT DATE: 08/17/99 Page 741 of 1093 1 STANDARDS 2 3 4 7.10.00 SUPPLEMENTAL STANDARDS 5 6 7.10.12 SCRAP,AND WASTE-NIA-TERIALS AND RECYCLING OPERATIONS 7 8 9 Paragraphs A and B—no change 10 11 12 C. In the IH (Industrial Heavy) or U (Utility) zoning district, land clearing and yard trash recycling 13 operations, that are engaged in the recycling and processing of land clearing and yard trash only, 14 may be permitted as a conditional use subject to the following criteria: 15 16 1. Business operations authorized under this Section shall be limited to the recycling, 17 processing and short term storage of land clearing and yard trash only, and shall not be 18 permitted to recycle,process or store for any period of time construction or demolition debris, 19 except for that construction or demolition debris that may otherwise be defined as land 20 clearing debris or yard trash. 21 22 2. The total site area devoted to the recycling,processing and storage of land clearing and yard 23 trash debris shall be at least five (5)acres, but no more than 15 acres. 24 25 3. The recycling yard, including all product receiving areas, shall be surrounded by a fence, o 26 wall, or opaque vegetative screening eight(8)feet in height. Such fence or wall shall be of 27 similar composition, construction, and color throughout and shall be constructed without 0 28 openings except for one entrance and one exit;the entrance and exit shall be equipped with 7C 29 unpierced gates. Such gates shall be closed and securely locked at all times,except during 30 business hours. I" 31 I,) 32 If vegetative screening is to be substituted for a fence or wall, plans for such vegetative (a1 33 screening shall be submitted with the application for conditional use approval. Such ti] 34 vegetative screening shall consist of a greenbelt strip at least twenty (20) feet in width 35 adjoining all adjacent lot lines,and a greenbelt strip at least fifteen(15)feet in width adjoining .1.3 36 any street line. The greenbelt shall be composed of at least one (1) row of deciduous or 37 evergreen trees and one(1)or two(2)rows of shrubs. m 38 1-1 39 Maintenance of the fence,wall,or opaque vegetative screening shall be the responsibility of 40 the property owner consistent with the other provisions of this Code. NI N 41 42 4. All sides of each Individual debris storage(stockpile)areas shall be accessible by means of 43 fire lanes. Fire lanes shall be a minimum of 1 '/2 times the height of the pile, but in no case 44 shall the fire lane be less than 20 feet in width. A minimum 100 foot wide clear space shall 45 be provided between every two debris storage piles and there shall be a 100 foot wide fire 46 lane at the end of each storage or stockpile,regardless of overall length. Figure 7-29 depicts Underline is for addition Otelkc PL=_,..71: is for deletion Ordinance #99-003fn1 Page 6 Final PRINT DATE: 08/17/99 Page 742 of 1093 • 1 the general layout of the debris storage stockpile areas: 2 3 The maximum length of an individual debris storage stockpile shall not exceed 500 feet.The 4 maximum width of an individual debris storage stockpile shall not exceed 100 feet. The 5 maximum height of any one storage pile shall not exceed thirty 30 feet. 6 7 8 9 FIGURE 7-29 10 LAYOUT OF LAND CLEARING AND YARD WASTE STORAGE PILES 11 12 13 Storage Pik 100 \ Storage Plle 1 Storage Pie 14 15 + ♦ 100 foot dear space and fire lane 4I%w+.. 16 11 17 Storage Pile noise(max) Storage Plle 18 ri Stowe Pia 19 Fire Lane 1)t limes the pile height -not lens less then 90%et width 20 21 Storage Pile ` 100• , Storage Pile Storage Pile 22 23 T 250 ft.(Max.) �w•todni ey + 100 4 24574 25 Storage Pie Storage Pik Storage Pile 26 27 28 29 �� 30 All stockpiles shall be surrounded with a network of fully operating fire hydrants spaced at • 31 intervals of no more than 250 feet. No portion of the stockpile yard shall be less than 200 feet 32 from any fire hydrant. Each fire hydrant shall provide for a minimum fire flow of 750 gallons 33 per minute, unless otherwise provided for by the St. Lucie County Fire District. D 34 35 An area equal to 15% of the total area occupied by the debris storage areas(stockpiles)shall 36 be reserved for the emergency relocation of the stored materials should it be necessary for FL 37 fire fighting purposes. This emergency storage area may not include any of the required ^� 38 minimum setbacks or separation corridors for the debris storage areas (stockpiles). This NJ 39 emergency storage area shall be adequately served with access to fire suppression N3 40 resources, consistent with this code. 41 42 The total site area that may be covered with the debris storage areas (stockpiles),excluding 43 the emergency stockpile area, shall not exceed 60% of the gross area of the project site. Underline is for addition 9bri-ice Thee,.sh is for deletion Ordinance #99-003fn1 Final Page 7 PRINT DATE: 08/17/99 Page 743 of 1093 1 5. Individual stockpiles shall be located at least one hundred (100)feet from any brush or tree 2 line and shall be no closer than fifty(50)feet to any property line or street right-of-way line. 3 4 6. The base area on which the stockpiles are located must be constructed of either a concrete 5 surface, asphalt surface,or other clean all weather stabilized surface that is acceptable to the 6 County The access aisles between the stock piles must be constructed of either a concrete 7 surface, asphalt surface,or other clean all weather stabilized surface that is acceptable to the 8 County. 9 10 7. All materials received into the recycling yard shall be rotated through the recycling yard within 11 12 months of its acceptance and deposition in the recycling yard. 12 13 8. All land clearing andyard trash recycling operations shall submit as part of the application for 14 Conditional Use permit a copy of Fire Prevention Plan for the specific recycling operations that 15 has been approved by the St. Lucie County Fire District, Fire Prevention Bureau. This fire 16 prevention plan shall,at a minimum,address all requirements and recommendations of NFPA 17 46, Recommended Safe Practice for Storage of Forest Products,unless otherwise restricted 18 further by this Code 19 20 9. All land clearing and yard trash recycling operations shall submit to an annual fire prevention 21 inspection to be conducted,upon reasonable notice,by the St.Lucie County Fire District,Fire 22 Prevention Bureau. 23 24 10. All stockpiles shall be constructed and located so as to afford the opportunity to measure the 25 internal temperatures of the land clearing materials in the stockpile in order to monitor fire 26 hazard. 27 0 PD 28 11. All vehicles used on the stockpile shall be of a type that minimizes the compaction of the 29 stockpile. o 30 0 31 12. Regardless of building size,a complete site plan prepared in accordance with the provisions 32 of Section 11.02.00(Major Site Plan)shall be required with the application for Conditional Use. F1NJ33 The application for Conditional Use shall not be considered complete until all minimum site 34 plan criteria have been determined to be met. Ln 35 -4 36 13. Every land clearing and yard trash recycling operation, authorized under this section. shall 37 establish a cash security fund,bond or provide the County with an irrevocable letter of credit 38 based on the schedule below,to secure the cost of removing of all accumulated land clearing m 39 and yard trash debris from the site if it has been determined by the County Commission, 40 following a duly noticed public hearing, that the land clearing and yard trash recycling µ 41 operation has been abandoned or recycling operations have ceased for period in excess of ,4 42 six months,or of the Conditional Use Permit is revoked for any reason. The provisions of this NJ 43 paragraph shall not apply to any land clearing and yard trash recycling operation operated L4 44 by any unit of local government within the County. 45 46 Underline is for addition is for deletion Ordinance #99-003fn1 Page 8 Final PRINT DATE: 08/17/99 Page 744 of 1093 • • • 1 Storage Yard Size Required Security 5 to 7.5 acres $ 50,000 4 7.5 to 12.5 acres $ 100,000 5 12.5 to 15 acres $ 150,000 0 9 14. Any lawfully,existing land clearing and yard trash recycling operation as of August 17, 1999, 10 shall conform to the above described standards no later than January 1,2001. In the event 11 that any existing land clearing and yard trash recycling operation fails to meet the 12 requirements of this section, the County shall pursue all available remedies to compel 13 compliance with the provisions of this section and any other applicable provision of this code. 14 15 15. The Environmental Control Hearing Board, shall be the responsible enforcement board 16 assuring compliance with the provisions of this section and related sections within this Code. 17 If the Environmental Control Officer,in consultation with the Community Development Director 18 and the County Health Director,determines that the Environmental Control Hearing Board 19 process would be an inadequate response to a given violation(s),the Environmental Control 20 Officer may institute appropriate proceedings in a court of competent jurisdiction for 21 prosecution of the violation(s)as provided by law. 22 23 16. In the event that St. Lucie County is declared a federal disaster area following or as a result 24 of either hurricane or freeze damage,the County Commission may suspend any or all of the 25 standards above for the duration of the declared emergency in order to facilitate the removal 26 of vegetative debris. 27 0 28 0 29 30 !� 31 153 32 11.13.00 ENFORCEMENT OF CODE PROVISIONSLTI 33 34 11.13.01 GENERALLY 35 36 A. AUTHORITY 37 38 1. Enforcement by Environmental Control Hearing Board I-1 39 - 40 Enforcement proceedings with respect to the following provisions shall be in accordance t%) 41 with Section 11.13.02: .F* 42 43 a. Wellfield Protection (Sections 6.03.00 and 11.05.10) 44 b. Wastewater and Sewage Disposal Compliance(Sections 7.08.03 and 11.05.09) 45 c. Wetlands Protection (Section 6.02.03) Underline is for addition Otrike Th.,,,, la is for deletion Ordinance #99-003fn1 Page 9 Final PRINT DATE: 08/17/99 Page 745 of 1093 1 d. Native Upland Habitat Protection (Section 6.04.01) 2 e. Land clearing and yard trash recycling operations (7.10.12(c)) 3 e f. Standard Housing Code (Section 13.08.00) 4 All other codes, statutes, rules, regulations adopted by reference hereunder 5 pursuant to Section 11.13.02(L). 6 7 2. Enforcement proceedings with respect to all provisions of this Code, except those listed in 8 paragraph 1 above shall be in accordance with Section 11.13.03. 9 10 11 12 13 14 PART B. CONFLICTING PROVISIONS. 15 16 Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County 17 ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by 18 this ordinance to the extent of such conflict. 19 20 21 PART C. SEVERABILITY. 22 23 If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, 24 such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof 25 shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its 26 applicability to any other person, property, or circumstance. 27 28 29 PART D. APPLICABILITY OF ORDINANCE. o 30 31 This ordinance shall be applicable throughout St. Lucie County's jurisdiction. 32 1-4 33 N) 34 PART E. FILING WITH THE DEPARTMENT OF STATE. U1 35 -a 36 The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of 37 Administrative Code and Laws, Department of State,The Capitol,Tallahassee, Florida 32304. 38 39 m 40 PART F. EFFECTIVE DATE. 41 - 42 This ordinance shall take effect upon filing with the Department of State. r,3 43 44 45 PART G. ADOPTION. 46 47 After motion and second, the vote on this ordinance was as follows: 48 Underline is for addition Otrikc Phi ylt is for deletion Ordinance #99-003fn1 Page 10 Final PRINT DATE: 08/17/99 Page 746 of 1093 1 Chairman Paula A. Lewis AYE 2 • 3 Vice Chairman John Bruhn AYE 4 5 Commissioner Cliff Barnes AYE 6 7 Commissioner Doug Coward AYE 8 9 Commissioner Frannie Hutchinson AYE 10 11 12 PART H. CODIFICATION. 13 14 Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the 15 word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this 16 ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B 17 through H shall not be codified. 18 19 20 PASSED AND DULY ENACTED this 17th day of August, 1999 21 22 23 BOARD OF COUNTY COMMISSIONERS 24 ATTEST: ST. LUCIE COUNTY, FLORIDA 25 26 6L.) 27 BY: �/ 4'� 28 DE TY CLERK CHAIRMA � 7:3 29 Y c' '� • • o 31 i f 9 G APP ED AS TO FORM D -' 32 CO RE TNESS: ' . 34 `•, Lam- r� o `�; 'w iJt 36 Oo/E coun'' C NTY ATT Y 37 39 40 42 f" 43 �] 45 P) 46 ' 47 48 49 50 DJM 51 99-003fnl(LDCamends-disc#12) Underline is for addition Otrikc TL._,,,.egk is for deletion Ordinance #99-003fn1 Page 11 Final PRINT DATE: 08/17/99 Page 747 of 1093 LL1J Board of County � ° RT y' r-ro'� Commissioners April 20, 2021 Land Development Code Text Amendment Section 7.10.12. - Scrap, Waste, Recycling Operation Agenda Item # 9 . B . 1 Planning and Development Services Department Bethany Grubbs, Planner COCNTpP _c Notif! ation I L-0 R A ST. LUCIE COUNTY BOARD OF Comments must he submitted by noon the day prior to the meeting. Carrntants will be distributed to the Carsrnnesen in advance of the COUNTY COMMISSIONERS meeting and included in the record provided the cce meras comply with the Countys roes_ Comments received by phone wi he either PUBLICHEARING AGENDA played at the meeting or transcribed m written form provided that the I�/�I� comments comply with the County's rules. Tuesday,April 20, 2021 General public comment is limited to three minutes or Toughy 990 words:while comments for public hearing items are limited to five NOTICE OF PROPOSED TEXT AMENDMENT TO THE LAND minutes or roughly 750 words. DEVELOPMENT CODE The petition file is available for review at the Planing and Development The Board of County CaarNesioners of St.Lurie County,Florida,le Services Department offices located at 2300 Vegirria Avenue.2nd Flock scheduled to review and cateider the following item petitioned by Fort Pierce,Florida.dung regular business hays. Please call(772) the applicant for adoption by Ordinance: 462-2822 or TOO(772)462-1428 if you have arty questions or require ORDINANCE NO. additional information. AN ORDINANCE OF THE BOARD OF COUNTY The St.Lucie County Board of County Commissioners has the power COMMISSIONERS OF ST LUCIE COUNTY, FLORIDA. to review and grant any apptcatians within their area of responsibility. AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE. The proceedings of the Board of County Commissioners are SECTION 7.10.12-SCRAP,WASTE,RECYCLING OPERATIONS, electronically recorded.PURSUANT TO SECTION 2BBA105,FLORIDA PROVIDING FOR CONFLICTING PROVISIONE PROVIDING STATUTES,if a person decides to appeal any decision made by the FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; Board of County Commissioners with respect to any matter considered PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; at a meeting or hearing,he or she will need a record of the proceedings. PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR For such purpose,he or she may need to ensure that a verbatim record ADOPTION;AND PROVIDING FOR CODIFICATION. of the proceedings Is made,which record includes the testimony and APPLICANT. Sampson. 13 Holdings.LLC evidence upon which the appeal is to be based Upon the request of any APE NUMBER:Richard S mpso.Lucky party to the proceedng,individuals testifying during a hearing will be sworn in_Any party to the proceedng will be granted an opportunity It, PURPOSE: The applicant filed a Text Amendment to the Land cross-examine any individual testifying doing a hearing upon request If Development Code proposing to amend the supplemental standards for it becomes necessary,a pubkc hearing may be continued from time to lad clearing and yard trash recycling operations to allow an alternative time to a date-certain. clean stabilized surface as the base area for stockpile staging. n Anyone with a disability requmg an accommodation to attend this addition to a concrete or asphalt surface,and to allow the access aisles meeting should contact the St Lucie County Community Risk Manager between the stockpiles to be constructed of other paved surface that is at least forty-eight(46I hours prior to the meeting at(772)462-1546 or acceptable to the County.in addition to a concrete or asphalt surface. T.D.D.(772)462-1428.My questions about this agenda may be referred The Board of County Comniadorers ADOPTION PUBLIC HEARING to St Lucie County Planning Osmion at(772)462-2822. on this item will be Field In the Commission Chambers.Roger Potties BOARD OF COUNTY COMMISSIONERS Amex,3rd Floor,St.Lucie County Administration Building,2300 Virginia ST.LUCIE COUNTY,FLORIDA Avenue,Fart Pierce.Florida on Tuesday.Arid 20.2021 beginning at /S/CHRIS DZAOOVSKY,CHAIR talgro or as soon thereafter as possible. PUBLISH DATE:Wednesday,April 7,2021 AI interested persons wit be given an opportunity to be head.Written ® in w comments received in advance of the public hearing will also be /„err considered If residents are concerned about COVID-19 or have health concerns,please refrain from coming to public meetings in person.You can live strewn the meeting and contact the commissioners via phone or email as an alternative to making public comments in person. Pubic comment for upcoming meetings can be submitted in several ways: • Email at htlps:/stl ueiecounty_formstadc.can/tarnes/pubkc corrmets_form; • Residents without Internet access can comment by phone at ujjiijjjithej ._..... . g`E LUCE COON 71' Backgrounc1 U L O. R I D • August 17, 1999, the Board of County Commissioners adopted the Supplemental Standards for "yard trash and debris operations" within the Utilities and Industrial Heavy Zoning Districts via Ordinance 99-003. • The Board determined that the uncontrolled storage of land clearing materials created a potential hazard to the general health and safety of the public. COUNTy Prop© © Amendment 7.10.00. - SUPPLEMENTAL STANDARDS 7.10.12. - LAND CLEARING AND YARD TRASH RECYCLING OPERATIONS C.6. a. The base area on which the stockpiles are located must be constructed of either a concrete surface, asphalt surface, or other clean all weather stabilized surface that is acceptable to the County. Stormwater controls and specific site elements shall be designed to prevent run-off from entering the processing and storage areas. LUCEE COu TY 7, ro QSP Antienerii - gio • EL, P, _ crs- � b. The access aisles between the stockpiles must be constructed of either a concrete surface, asphalt surface, or other clean all weather stabilized paved surface that is acceptable to the County. Alternative surfaces may be considered outside the Urban Service Boundary as approved by the Board of County Commissioners through the Conditional Use Permit. These surface materials may include, but are not limited to, asphalt millings, coquina rock, shell rock, and engineered surface products suitable for the expected vehicle loads and frequency of use. 19. Vegetative yard trash or land clearing debris shall be removed within 6 months or time needed to receive 3,000 tons or 12,000 cubic yards, whichever is greater. CoUNTT Proposed Amendment R D, A< 20. If additional processing of vegetative yard trash or land clearing debris is proposed in addition to mulching, such activities will be subject to additional requirements imposed through the Conditional Use process to mitigate impacts. 21. All land clearing and vegetative yard trash recycling operations shall submit to an annual site inspection to be conducted by St. Lucie County Code Compliance to ensure conformity with the Conditional Use permit. 1 y �2tria r d j�!' . , aC.''^•f C.r. ' + : C12 ram'+' f gr.IIELICEIS -- CouN-T�Y Exh! ° Lynut of Stnckpi =az Storage Pil 100' ''Storage Pile Storage Pile Oki • 0 100' clear s ace and fire lane 0 • Or Storage Pile Storage Pile Storage Pile s Fire Lane 1 %Z times the pile height - not less than 30' width Storage Pile 100' Storage Pile Storage Pile 111 I 250' (Max) S 4—Fire Hydrant • I o • Storage Pile Storage Pile a age t e ILUICHE COUN-Ty Staff Rvnmrnendtion F Staff recommends Board approval of the Text Amendment to the Land Development Code to amend the supplemental standards for land clearing and yard trash recycling operations to allow the Board to consider certain alternative surfaces for access aisles and stockpile areas for operations proposed outside the Urban Services Boundary on a case by case basis through the Conditional Use process. LUCEE Board of County ' Commissioners April 20, 2021 Land Development Code Text Amendment Section 7.10.12. - Scrap, Waste, Recycling Operation Agenda Item # 9 . B . 1 Planning and Development Services Department Bethany Grubbs, Planner