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HomeMy WebLinkAbout24-011 Ordinance No.2024-11 Minor Adjustment Thresholds File No.: TLDC-2310-000031 ORDINANCE NO. 2024-11 FILE NO.: TLDC 2310-000031 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 11.02.03. —REVIEW OF APPLICATIONS FOR MINOR SITE PLANS; SECTION 11.02.04 — REVIEW OF APPLICATIONS FOR MAJOR SITE PLANS; AND SECTION 11.02.05 — REVIEW OF APPLICATIONS FOR PLANNED DEVELOPMENTS; 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,to amend certain Preliminary Development Site Plan submittal requirements, and allow certain requirements to be provided during the Final Site Plan stage, streamline the regulatory process. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida find this Ordinance is therefore necessary and essential to protect public safety, and represents the minimum necessary regulation to achieve that purpose. WHEREAS,the Board of County Commissioners of St. Lucie County, Florida, 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)(h), Florida Statutes, to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 3. This Board is authorized by Section 125.01(1)(t), Florida Statutes, to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law. 4. On January 18, 2024, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing due notice in the St. Lucie News Tribune on January 5, 2024, and recommended that the proposed ordinance be forwarded with a recommendation of approval. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5306111 02/29/2024 02:40:01 PM a ORDN OR BOOK 5113 PAGE 2204-2209 Doc Type. Page 1 of 6 RECORDING: $52.50 Ordinance No. 2024-11 Minor Adjustment Thresholds File No.: TLDC-2310-000031 5. On February 6, 2024, this Board held the first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 6. On February 20, 2024, 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. NOW, THEREFORE, BE IT ORDAINED by the St. Lucie County Board of County Commissioners that the St. Lucie County Land Development is amended as set forth in the following amendments, as shown in s#r-il ough and underline format in Section 2. SECTION 1. RATIFICATION OF RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and are hereby made a part of this Ordinance. SECTION 2. This ordinance specifically amends St. Lucie County Land Development Code, as follows: Words in stfike difetth. type are deletions from existing text. Words in underlined type are additions to existing text. Asterisks (***) indicate existing text not shown. Section 11.02.03. — REVIEW OF APPLICATIONS FOR MINOR SITE PLANS. D. A Development Permit may be issued for the following without submitting a formal application for Minor Adjustment to a Minor Development Site Plan issued pursuant to this Code: 1. The alteration of or addition to an existing structure or impervious surface area less than 2W1,000 square feet that is otherwise in compliance with the applicable provisions of this Code. 2. The erection of a sign on a previously developed site independent of any other development activity on the site. 3. The re -surfacing of a vehicular use area that conforms to all requirements of this Code. 4 Development activity on existing. previously approved developments for the sole purpose of complying with F.S. ch. 553, pt. IL Accessibility by Handicapped Persons. so long as the improvements do not contravene the Land Development Code. Page 2 of 6 Ordinance No. 2024-11 Minor Adjustment Thresholds File No.: TLDC-2310-000031 Section 11.02.04. — REVIEW OF APPLICATIONS FOR MAJOR SITE PLANS. C. Minor Adjustment to Major Site Plans: Planning and Development Services Director may authorize minor adjustments to the approved Major Site Plan. Such minor adjustments shall be consistent with the intent and purpose of the St. Lucie County Comprehensive Plan, the standards and requirements of this Code, and the development as approved, and shall be the minimum necessary to overcome the particular difficulty. Such minor adjustments shall be limited to the following: a. Increasing any dimension of any one (1) structure by not more than twenty-five percent (25%); or b. Altering the location of any one (1) structure or group of structures by not more than one hundred (100) feet; or c. Altering the net density of any one (1) stage or phase by not more than ten percent (10%); or d. Altering the location of any circulation element by not more than fifty (50) feet. Relocation of any circulation element by more than fifty (50) feet will be considered a major adjustment unless the relocation results in a reduction in impervious surface area; or e. Altering the location of any open space by not more than fifty (50) feet; or f. Reducing the total amount of open space by not more than five percent (5%) or reducing the yard area or open space associated with any single structure by not more than five percent (5%); or g. Altering the location, type, or quality of landscaping elements. h. The addition or relocation of any accessory structure or use so long as the proposed addition or relocation does not conflict with any portion of any required open space, building separation requirements or other provisions of this Code. i. The Planning and Development Services Director may approve other proposed alterations that do not exceed any of the thresholds listed above as a Minor Adjustment. 2. A Development Permit may be issued for the following without submitting a formal application for Minor Adjustment to a Major Development Site Plan issued pursuant to this Code: a. The alteration of or addition to an existing structure or impervious surface area less than 24)0-1,000 square feet that is otherwise in compliance with the applicable provisions of this Code. Page 3 of 6 Ordinance No. 2024-11 Minor Adjustment Thresholds File No.: TLDC-2310-000031 b. The erection of a sign on a previously developed site independent of any other development activity on the site. C. The re -surfacing of a vehicular use area that conforms to all requirements of this Code. d. Development activity on existing, previously approved developments for the sole purpose of complying, with F.S. ch. 553, pt. II, Accessibility by Handicapped Persons so long as the improvements do not contravene the Land Develo ment Code. 11.02.05. — REVIEW OF APPLICATIONS FOR PLANNED DEVELOPMENTS. E. Minor Adjustments. The Planning and Development Services Director may authorize minor adjustments to an approved Final Planned Development Plan. Such minor adjustments shall be consistent with the intent and purpose of the St. Lucie County Comprehensive Plan, the standards and requirements of this Code, and the development as approved, and shall be the minimum necessary to overcome the particular difficulty. Such minor adjustments shall be limited to the following: 1. Increasing any dimension of any one (1) primary structure or structures by not more than twenty-five percent (25%); or 2. Altering the location of any one (1) structure or group of structures collectively by not more than one hundred (100) feet provided that the relocation does not result in any encroachment into an area or areas designated as preserved or otherwise protected, without the applicant providing substantial evidence that the preserved or otherwise protected area is no longer needed or has been equitably compensated for; or 3. Increasing the net density of any one (1) stage or phase by more than ten percent (10%); or 4. Altering the location of any primary circulation element by not more than fifty (50) feet. Relocation of any primary circulation element by more than fifty (50) feet will be considered a major adjustment unless the relocation results in a reduction in impervious surface area; or 5. Altering the location of any open space by not more than one hundred (100) feet; or 6. Reducing the total amount of open space by not more than ten percent (10%) or reducing the yard area or open space associated with any single structure by not more than ten percent (10%). In no case shall the total amount of open space be permitted to be less than the minimum amount of open space required under the planned development district regulations, unless otherwise varied by the Board of Adjustment or as may be permitted by the other provisions of this Code; or 7. Altering the location, type, or quality of landscaping elements; or Page 4 of 6 Ordinance No. 2024-11 Minor Adjustment Thresholds File No.: TLDC-2310-000031 8. Reducing the gross density or intensity of the approved development. Notice of the authorization of such minor adjustments shall be provided to the Board of County Commissioners. F. Major Adjustments: 1. Any other adjustment to the approved final site plan shall be a major adjustment and shall be granted only upon application to and approval by the Board of County Commissioners, which may grant approval for major adjustments only after a public hearing and upon finding that any proposed changes in the approved Final Planned Development Plan will be in substantial conformity with the original approval. The Board of County Commissioners shall place the application for major adjustment on the agenda of a regularly scheduled meeting for a public hearing in accordance with the requirements of Section 11.00.03. The public hearing on the application shall be held in accordance with Section 11.00.04. 2. If the Board of County Commissioners determines that the major adjustments are not in substantial conformity with the original approval, then it shall refer the request to the Planning and Development Services for initiation of a new Preliminary Development Plan, in accordance with the provisions of Section 11.02.05(A) of this Code. G. A Development Permit may be issued for the following without submitting a formal application for a Minor or Major Adjustment to an approved Final Planned Development Plan (a roved prior to A ril 15 2021pursuant to this Code: 1 The alteration of or addition to an existing structure or impervious surface area less than 1,000 square feet that is otherwise in compliance with the applicable provisions of this Code. This allowance shall be considered cumulatively. therefore additional improvements exceeding this threshold or those otherwise qualifying for a Minor or Major Adiustment shall be required accordingly. 2. The re -surfacing of a vehicular use area that conforms to all requirements of this Code. 3 Development activity on existing, previously approved developments for the sole purpose of complying with F.S. ch. 553. pt. II, Accessibility by Handicapped Persons, so long as the improvements do not contravene the Land Development Code. SECTION 3. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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. SECTION 4. SEVERABILITY AND APPLICABILITY. 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. Page 5 of 6 Ordinance No. 2024-11 Minor Adjustment Thresholds File No.: TLDC-2310-000031 SECTION 5. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Department of State. SECTION 6. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect upon filing with the Department of State. SECTION 7. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplish such intention. SECTION 8. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Cathy Townsend AYE Vice Chair Chris Dzadovsky AYE Commissioner Larry Leet AYE Commissioner Linda Bartz AYE Commissioner Jamie Fowler AYE PASSED AND DULY ADOPTED this 20th day of February, 2024. ATTEST: Deputy BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA GpMfVl ler KOyu IPA a ' �0 `GOLF COUNT FAO B APPROVED AS TO FORM AND COF"""" Page 6 of 6 RON DESANTIS CORD BYRD Governor Secretary of State February 28, 2024 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Michelle Miller, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of the St. Lucie County Ordinance No. 2024-11, which was filed in this office on February 28, 2024. Sincerely, Matthew Hargreaves Administrative Code and Register Director MJH/wlh R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270