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HomeMy WebLinkAbout22-013 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5058743 06/21/2022 04:42:45 PM OR BOOK 4846 PAGE 865-869 Doc Type:ORDN RECORDING: $44.00 ORDINANCE No. 2022-13 File No. TLDC - 3202226317 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE REGARDING LANDSCAPING AND PAVING REQUIREMENTS FOR TELECOMMUNICATIONS TOWERS LOCATED OUTSIDE OF THE URBAN SERVICE BOUNDARY BY AMENDING SECTION 7.05.07 PROVISIONS FOR ACCESS TO NEW DEVELOPMENT ACTIVITIES; BY AMENDING SECTION 7.10.23 TELECOMMUNICATIONS TOWER SITING, PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including not limited to the staff report, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County. Florida, adopted the St. Lucie County Land Development Code. 2. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 3. This Board is authorized by Section 125.01(1)(t), Florida Statues, to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law. 4. On April 21, 2022, the Planning and Zoning Commission acting as the Local Planning Agency held a public hearing on the proposed ordinance after publishing due notice in the St. Lucie News Tribune and recommended that the proposed Ordinance be forwarded with a recommendation for approval. 5. On May 17, 2022, this Board held the first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 6. On June 7, 2022, this Board held its second public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 7. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan, are internally consistent with the remainder of the Land Development Code and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. Underline is for additions. Str+l ough is for deletion. Ordinance No. 2022-XX Telecommunications Towers File No.: TLDC - 3202226317 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. The specific amendments to the St. Lucie County Land Development Code to read as follows in stri L� m and underline format: CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.05.07. Provisions for Access to New Development Activities. A. Generally. All new road and street construction, public or private, shall be paved according to standard county specifications. B. Paving Requirements for Roads that Access Developments Requiring Site Plan Approval that Utilize Unpaved Public and Private Roads for Access. The following paving requirements shall apply to developments requiring site plan approval that utilize unpaved public or private roads and roadways for access: 1. Access Roads. Unless explicitly listed in exempt development, as listed in subsection a. below, P-provisions for the paving of unpaved access roads that access the development shall be required as specified below under general requirements. County road design and construction standard specifications shall apply to all paving improvements. a. Exempt development. The following use(s) are exempt from the provisions of this Section: (1) Telecommunications Towers with frontage on unpaved roads outside the Urban Services Boundary (USB). 7.10.23. Telecommunications Tower Siting. G. Aesthetics. All telecommunications towers and antennas shall meet the following requirements: 1. At a telecommunications tower site, the design of the buildings and related structures shall use materials, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings to minimize the visual impact. Towers and any accessory buildings shall retain their silver/grey factory finish, or subject to any applicable standards of the FAA, be finished or painted in stealth or neutral tone colors, so as to reduce visual obtrusiveness. 2. Except as noted in paragraphs 3 and 4 and subsection a. below; all telecommunications tower sites must comply with the landscaping and screening requirements of the Land Development Code. The Environmental Resources Director shall require landscaping in excess of any written requirements as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and nonresidential land uses. All landscaping shall be properly maintained to ensure good health and viability at the expense of the owner. Telecommunications tower facilities Underline is for additions. StFikethmug4 is for deletion. Ordinance No. 2022-XX Telecommunications Towers File No.: TLDC - 3202226317 Page 3 shall be landscaped with a buffer of plant materials that effectively screens the view of the telecommunications tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least ten (10) feet wide outside of the perimeter of the compound, except that, if the tower compound perimeter abuts a public or private street or public right-of-way, the minimum buffer width shall be fifteen (15) feet. Existing mature growth, not including exotics, and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer. The Environmental Resources Director shall be responsible for determining if the existing native perimeter vegetation meets the intent of this Code. All areas disturbed during project construction shall be replanted with vegetation according to Section 7.09.00, of this Code. a. If the telecommunications tower site is located outside the USB and the base of the tower is visually screened from the right-of-way and adjacent residences by existing native vegetation or intervening building(s), no additional landscaping is required. 3. If an antenna is installed on a structure other than a telecommunications tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. 4. The Environmental Resources Department Director may consider total or partial relief from the required perimeter landscaping requirements of paragraph 2 above, if the proposed telecommunications tower meets all of the following standards and criteria: a. The telecommunications tower is located in an AG-5, AG-2.5, AG-1, IL, IH or U Zoning district. b. The proposed telecommunications tower is located a minimum of one thousand (1,000) feet, or the tower height, whichever is greater, from the nearest public street or road right-of-way, public park or playground, public or private school (primary or secondary educational facility), habitable residential structure or any area zoned for residential or commercial uses. For the purpose of this paragraph this restriction shall apply to all properties regardless of political boundary. c. The proposed telecommunications tower base must be screened from view by either existing vegetation, intervening buildings, structures or other physical or made features meeting the intent of this code. d. It is demonstrated to the satisfaction of the Environmental Resources Director that the planting of any vegetation would result in the high probability of general plant mortality due to unacceptable soil conditions that cannot otherwise be resolved through replacement of the soil or other form of soil treatment. In considering any request for relief under the provisions of this section, the Environmental Resources Director may impose reasonable limiting conditions associated with that relief. 5. The provisions of this paragraph shall not apply to wireless facilities erected or attached to any existing telecommunications tower or existing building or structure except that any support buildings or structures for the additional antenna or antenna arrays must be screened compliant with the intent of this code. 6. The County reserves the right to require that any new towers be designed as stealth or camouflaged tower. All new telecommunications towers, equipment buildings, and antennas in a residential zoning district must be stealth or camouflaged. Underline is for additions. CtriLn+hr. ugI is for deletion. Ordinance No. 2022-XX Telecommunications Towers File No.: TLDC - 3202226317 Page 4 7. Cell on Wheels ("COW"). Notwithstanding any other provisions of this Section 7.10.23, the County Administrator may allow the installation of a cell -on -wheels in accordance with the following: a. During documented states of emergency as declared by the County Administrator; b. To continue the provision of personal wireless service during construction or maintenance of a wireless communications facility; c. For testing purposes; d. For special events; or e. As otherwise authorized by the FCC. The County Administrator is limited to allowing the installation of each cell -on -wheels for up to ninety (90) total days. Approval by the County Administrator of a COW on County property shall not convey any title, equitable or legal, in County property. The Board of County Commissioners may extend the period of time in which a cell -on - wheels is allowed for good cause by resolution. The owner of the cell -on -wheels shall agree to indemnify the County and shall provide appropriate evidence of insurance and the fund in compliance with subsection H of this section. 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: Underline is for additions. StFikethreug4 is for deletion. Ordinance No. 2022-XX Telecommunications Towers File No.: TLDC - 3202226317 Page 5 Sean Mitchell, Chair AYE Frannie Hutchinson, Vice Chair ABSENT Chris Dzadovsky, Commissioner AYE Linda Bartz, 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 7th day of June, 2022. Attest: Deputy Clerk co���s� z rG � c�vkYY, F�D��O' Board of County Commissioners St. Lucie County, Florida By: Chair Approved As To Form and C B Underline is for additions. StFil(ethmugI4 is for deletion. RON DESANTIS LAUREL M. LEE Governor Secretary of State June 22, 2022 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Vera Smith Dear Michelle 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. 2022-013, which was filed in this office on June 17, 2022. Sincerely, Anya Owens Program Administrator ACO/mas R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270