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Home My WebLink About24-028 PDS ORDER 2024-028 AN ORDER GRANTING A WAIVER FROM THE PROVISIONS OF LAND DEVELOPMENT CODE SECTION 3.01.01.D(2) — ESSENTIAL UTILITY SERVICE FACILITIES, TO ALLOW FOR THE CONSTRUCTION OF AN ESSENTIAL UTILITY SERVICE FACILITY BUILDING (AKA VACUUM PUMP STATION) TO EXCEED 300 SQUARE FEET ON CERTAIN PROPERTY WITHIN THE RS-4 ZONING DISTRICT LOCATED ON FLOTILLA TERRACE IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Planning and Development Services Director of St. Lucie County, Florida, based on the written request and staff report, has made the following determinations: 1. St. Lucie County is the owner of+/-0.35 acres of real property located on Flotilla Terrace, on North Hutchinson Island within the RS-4 (Residential, Single-Family -4) Zoning District and further described in Part A. 2. On March 7, 2023, the St. Lucie County Board of County Commissioners agreed to purchase this parcel for the purpose of constructing a +/- 530 square foot vacuum pump station structure associated with the North Hutchinson Island Septic to Sewer Conversion Project. On May 16, 2023, St. Lucie County completed acquisition of the subject parcel. 3. Land Development Code Section 3.01.01.D(2) specifies Essential Utility Service Facilities that support the operation of a utility service provider shall be permitted in all zoning districts, subject to certain provisions, including that if a structure is proposed, that it does not exceed 300 square feet. 4. Land Development Code Section 3.01.01.D(3) establishes that the Planning and Development Services Director may grant a waiver from the provisions of Land Development Code Section 3.01.01, if they prohibit the installation of a utility improvement required by an environmental regulatory agency and strict application would result in a threat to public health, safety, or welfare. 5. After compilation and review of the analysis provided by staff in the memorandum titled Flotilla Terrace Vacuum Pump Station, dated April 1, 2024 (attached to this Order), exhibits, and the standards for granting a waiver set forth in Section 3.01.01.D(2) of the St. Lucie County Land Development Code, the Planning and Development Services Director has made the following determinations: The requested waiver has met the standards of review as set forth in Section 3.01.01 D(2), St. Lucie County Land Development Code, and with applicable conditions, is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan, because: a) The provisions of Land Development Code Section 3.01.01.D(2) would prohibit the installation of a utility improvement required by an environmental regulatory agency (FDEP), absent rezoning to the U (Utilities) Zoning District; INICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT ;SAINT LUCIE COUNTY PDS ORDER 2024-28 PILE# 5321795 04/08/2024 10:08:11 AM Page 1 OR BOOK 5131 PAGE 1143-1147 Doc Type:ORD RECORDING: $44.00 b) The strict application of Land Development Code Section 3.01.01 D(2) would result in a threat to public health, safety, or welfare. c) The proposed +/- 530 square foot vacuum pump station structure is the minimum size necessary to achieve this facet of the County's North Hutchinson Island septic to sewer conversion project. d) The proposed vacuum pump station will be appropriately designed, situated and screened to avoid adverse impacts to surrounding property. NOW, THEREFORE, BE IT ORDERED BY THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY: A. The petition of the St. Lucie County Utilities Division for a waiver from the provisions of St. Lucie County Land Development Code 3.01.01.D(2) — Essential Utility Service Facilities, to allow for a vacuum pump station associated with the County's North Hutchinson Island to exceed 300 square feet within the RS-4 zoning district is hereby approved subject to the following conditions: 1. All improvements shall meet the maximum height and setback requirements for the RS-4 zoning district. 2. The Essential Utility Service Facilities building shall comply with all applicable building codes, resource protection and development design standards, including landscaping and screening requirements. 3. All above ground improvements adjacent to residentially zoned property and road rights-of-way shall be screened by landscaping with the type and location of the landscape treatment to be determined prior to the issuance of a building permit. B. The property on which this waiver approval is being granted is described as follows: CORAL COVE BEACH-SECTION ONE- BLK 6 LOT 1 AND W 10 FT OF VAC ALLEY ADJ ON E PARCEL ID: 1425-701-0156-000-8 C. An appeal of the Planning and Development Services Director's action may be processed in accordance with Section 11.11.02 of the St. Lucie County Land Development Code. D. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the / S�" day of AP1 , 2024. Planning and Development Services St. Lucie ty BY Benjamin Balcer, AICP, Director APPROVED AS TO FORM AND CORR-CTNESS: 41,114 AAP County tto' ey PDS ORDER 2024-28 Page 2 g�o LUCRE- -,---APlanning and Development Services Department COUT )/ Planning Division Q L. ,O li i. L t.'. _- , MEMORANDUM TO: Rebecca Olson, Public Utilities& Solid Waste Director FROM: Ben Balcer,AICP,Planning& Development Services Director gri DATE: April 1, 2024 SUBJECT: Flotilla Terrace Vacuum Pump Station-PID#1425-701-0156-000-8 Discussion Item: On March 7, 2023, the St. Lucie County Board of County Commissioners approved the purchase of PID# 1425-701-0156-000-8, located on Flotilla Terrce on North Hutchinson Island in Ft. Pierce, and displayed in Exhibit 1, below. The County purchased this parcel for the purpose of constructing a+/-530 sq. ft. vacuum pump station associated with the North Hutchinson Island septic to sewer conversion project. Presently, the parcel has a zoning designation of RS-4(Residential, Single-Family-4,4du/ac).The RS-4 zoning district does not list Utility Service Facilities as an eligible permitted or conditional use.The County's Public Utilities and Solid Waste Director has requested clarification on whether the parcel needs to be rezoned to the Utilities(U) zoning district to allow for the construction of the vacuum pump station. Exhibit 1: Location Map of PID 1425-701-0156-000-8 C'k :' 6 5 q ._ t k ''t' \of \A4. , 0 '101 , . i ,....0 , , .., , , , , .A .,' ip =; -I a„ •1111t a.�it I $ it d 4Nor .. Iin Imp i I <se _.ice !lk :r., ". -, niwilli -.. of , „ ...,....,,,, According to Land Development Code Section 3.01.01.D.(2) — Essential Utility Service Facilities, utility service facilities that support the operation and function of a utility service provider shall be permitted in all zoning districts,upon a demonstration of compliance with specific provisions, including the following: 1) The Essential Utility Service Facilities building or structure shall not exceed 300 sq. ft. 2) The Essential Utility Service Facilities building or structure shall comply with applicable building codes, resource protection and development design standards, including landscaping and screening requirements. Flotilla Ten. Waiver PDS Order 2024-028 Page 2 3) Within residentially zoned areas, Essential Utility Service Facilities buildings or structures shall require approval by the Planning & Development Services Director. The Director shall deny any building or structure that would likely create an adverse impact on neighboring properties. The Land Development Code continues to read, "In the event any of the provisions of this Section prohibit the installation of an emergency improvement or a utility improvement required by an environmental regulatory agency, the Planning& Development Services Director may grant a waiver of the provisions of this Section upon determination that strict application would result in a threat to public health, safety or welfare." Because the vacuum pump station building(+/-530 sq. ft.)exceeds the 300 sq.ft.allowance specified in LDC Section 3.01.01.D.(2),a rezoning of the parcel to the Utilities(U)zoning district is required or a waiver may be granted by the PDS Director. Analysis: Section 403.067,F.S.,establishes the total maximum daily load(TMDL)program for state waters as required by s.303(d)of the Clean Water Act, to promote improvements in water quality throughout the state through the coordinated control of point and nonpoint sources of pollution. The statute further declares that the Department of Environmental Protection (FDEP) shall be the lead agency in developing and executing the TMDL program.Subparagraph 403.067(7)(a)9.,F.S.,requires local governments within a Basin Management Action Plan(BMAP)to develop a wastewater treatment plan and/or an onsite sewage treatment and disposal system(OSTDS)remediation plan, if FDEP identifies domestic wastewater treatment facilities or OSTDS as contributors of at least 20% of point source or nonpoint source nutrient pollution or if the Department determines remediation is necessary to achieve the total maximum daily load(TMDL). Pursuant to subparagraph 403.067(7)(a)9., F.S, FDEP's Final Order from the Office of General Council (OCG) Case No. 23-0112 to 0135, dated June 12, 2023, required St. Lucie County to develop a remediation plan to achieve nutrient load reductions within the St.Lucie River and Estuary BMAP.To comply,the County has identified cost-effective and financially feasible projects for remediation of onsite sewage treatment and disposal systems to meet the TMDL.The required remediation plan has been submitted to FDEP and includes the North Hutchinson Island septic to sewer conversion project, documenting the placement of the+/-530 sq. ft. vacuum pump station on the RS-4 zoned parcel. Section 381.0065, F.S., states that the proper management of OSTDS is paramount to the health, safety, and welfare of the public. Additionally, 381.00655, F.S. requires owners of a properly functioning OSTDS to connect their plumbing system to an available publicly owned or investor owned sewerage system within 365 days after written notification is received identifying the system is available for connection. This timeframe is reduced to 90 days for OSTDS that need repair or modification to function in a sanitary manner. Planning&Development Services Director's Determination of the Code and Policy Direction: To grant the waiver, the PDS Director must first determine if the utility improvement is required by an environmental regulatory agency. In this case, the North Hutchinson Island septic to sewer project is a result of FDEP's Final Order from the Office of General Council(OCG)Case No. 23-0112 to 0135,dated June 12, 2023. The Final Order requires St. Lucie County to develop an OSTDS remediation plan, including the identification of cost-effective and financially feasible projects to comply with Subparagraph 403.067(7)(a)9., F.S. and meet the TMDL for the St. Lucie River and Estuary BMAP. The North Hutchinson Island septic to sewer conversion project, including the location of the+/-530 sq. ft.vacuum pump station is identified within the required OSTDS remediation plan approved by FDEP. The second standard of review for granting a waiver is a determination that prohibiting the +/-530 sq. ft. vacuum pump station would result in a threat to public health, safety, or welfare. Section 381.0065, F.S., states that the proper management of OSTDS is paramount to the health, safety, and welfare of the public. Through the implementation of the TMDL program, FDEP has identified OSTDS as contributors of at least Flotilla Terr. Waiver PDS Order 2024-028 Page 3 20% of the nutrient pollution within the St. Lucie River and Estuary BMAP. The required OSTDS remediation plan,which includes the North Hutchinson Island septic to sewer conversion project,is necessary for the County to improve water quality and achieve the TMDL for the St. Lucie River and Estuary BMAP. Therefore, prohibiting the placement of the vacuum pump station, an essential component of the North Hutchinson Island septic to sewer project, would result in the continued degradation of water quality and a continued threat to public health, safety and welfare. Because the vacuum pump station building (utility improvement) is required by FDEP as a part of the County's OSTDS remediation plan and prohibiting its placement would result in a threat to public health safety and welfare, the PDS Director shall grant a waiver from the provisions of Land Development Code Section 3.01.01.D.(2), and allow for the construction of the building on the RS-4 zoned parcel, subject to the following conditions: 1) All improvements shall meet the maximum height and setback requirements for the RS-4 zoning district. 2) The Essential Utility Service Facilities building shall comply with all applicable building codes, resource protection and development design standards, including landscaping and screening requirements. 3) All above ground improvements adjacent to residentially zoned property and road rights-of-way shall be screened by landscaping with the type and location of the landscape treatment to be determined prior to the issuance of a building permit.