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Home My WebLink About21-039 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4958251 11/30/2021 08:07:34 AM OR BOOK 4728 PAGE 241-245 Doc Type:ORDN RECORDING: $44.00 ORDINANCE No. 2021-039 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 7.05.04A — SIDEWALKS TO PROVIDE FOR A PARTIAL WAIVER FOR RESIDENTIAL DEVELOPMENT WITH LOT SIZES OF 2.5 ACRES OR GREATER; 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. 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 October 21, 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 October 9, 2021. The Planning and Zoning Commission unanimously recommended to the Board of County Commissioners approval of the proposed text amendment to the St. Lucie County Land Development Code with conditions. 5. On November 2, 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 October 23, 2021. 6. On November 16, 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 November 6, 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. 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 trikcthrough and underline format: 7.05.04. -Sidewalks and Bikeways. A. Sidewalks. 1. All residential developments required to obtain site plan approval located within the Urban Service Boundary and all non-residential development above 6,000 square feet located within the unincorporated area of St. Lucie County and within the Urban Service Boundary are required to design and construct sidewalks within the right-of-way of all streets and roadways that abut or lie within the perimeter of the property. Non- residential developments under 6,000 square feet and inside the Urban Service Boundary are generally presumed to be exempt from this sidewalk requirement particularly in areas not expected to generate pedestrian traffic. Exceptions to the presumed exemption include but are not necessarily limited to locations where connections can be made to existing sidewalks, or in locations on primary routes to schools or public transit. In any case, the design of proposed development should accommodate future sidewalk connection and future pedestrian traffic to and within the proposed development. 2. New sidewalks must be a minimum of six(6)feet side along streets classified as collectors and arterials. 3. Local street requirements are based upon local needs and existing conditions. Local streets shall have sidewalks five (5)feet wide along one (1) or both sides of the street as deemed necessary during the County's development review process. 4. All new sidewalks shall be constructed of concrete, brick pavers or other materials acceptable to St. Lucie County. All construction must conform to Florida Department of Transportation and/or St. Lucie County standards. a. All sidewalks on internal private roads shall connect with the sidewalks in the abutting public right-of-way. b. The County Engineer may authorize a modification in sidewalk width to protect existing trees or to accommodate existing utilities. In no case shall sidewalks be less than four(4) feet. c. The Development Review Committee (DRC) as part of the site plan review process shall document any exemption of a development project from constructing specific sidewalk segments based on physical constraints such as proximity to drainage canals or structures where the construction of the particular sidewalk segment would result in a disproportionate burden on the development. d. Sidewalks shall be constructed around the perimeter of a cul-de-sac. e. All sidewalks and ramps shall conform to the latest requirements published in the most recent edition of the Americans With Disabilities Act (ADA) Accessibility Guidelines. f. The developer will bear the cost for design and construction of the sidewalk.Sidewalks on private property must be maintained by the developer, property owner's association or other entity as approved by St. Lucie County through the operation and maintenance covenants of the community, subdivision association or other recognized management entity. St. Lucie County shall maintain all sidewalks located within County maintained public rights-of-way unless otherwise agreed to through specific maintenance agreements. g. Multi-Use Paths (ten (10) to twelve (12) feet wide) may be required by the County in place of sidewalks when the multi-use path would be part of the adopted area- wide bicycle/pedestrian system or Greenways and Trails plan. h. The Board of County Commissioners shall authorize total or partial relief from the requirements of sidewalk construction if it finds, after receiving the recommendation of the Development Review Committee and based on conditions peculiar to the proposed development, that the proposed sidewalk construction is not in the best interest of the County. For those residential developments located within the County's Urban Service Boundary that propose lot sizes of 2.5 acres or greater, the Board may partially waive the sidewalk requirements along internal roads and allow those developments to construct unpaved sidewalks with a stabilized surface, as determined by the County Engineer, for use by pedestrians or horses along internal roads. The Board may impose conditions as part of the waiver. In all other cases, the applicant shall pay a fee-in-lieu to the County for sidewalk and/or greenways and trails construction. If the fees are not used to design, acquire needed right-of-way or construct sidewalks within ten (10) years from the date of payment, the developer may request a refund. PART 8. 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 AYE 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 sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ENACTED this 16th day of November 2021. BOARD OF COUNTY COMMISSIONERS ATTEST: / ST. LUCIE COUNTY, FLORIDA �( l BY: P. 7 -- Deputy s Chair Vo �. Zi 76 �c r APPROVED AS TO FORM AND °Nrr,F`OR,� CORRECTNESS: BY: /Q h ss} . Comfy Attorney RON DESANTIS Governor LAUREL M. LEE Secretary of State R. A. Gray Building  500 South Bronough Street  Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 November 22, 2021 Ms. Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Vera Smith 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. 2021-039, which was filed in this office on November 22, 2021. Sincerely, Anya Owens Program Administrator AO/lb