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HomeMy WebLinkAbout24-014 ORDINANCE No. 2024-014 FILE NO.: TLDC-2303-000021 o• Z U 0 H IX • ° AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT W• < ° ✓ Q CODE SECTION 3.01.03.GG., PRW (PLANNED RETAIL/WORKPLACE) o ZONING DISTRICT, AND SECTION 4.04.04., TVC (TOWNS, VILLAGES, nN W o COUNTRYSIDE) OVERLAY ZONE, REGARDING STANDARDS FOR U- Nv LOT TYPES AND RESIDENTIAL DRIVEWAYS AND GARAGES; O,y W Z a o s, PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND J- a° PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; W(3 M n z PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR - ° CODIFICATION; AND PROVIDING FOR ADOPTION. W oo Eva, ort WHEREAS, the Legislature of the State of Florida has, in Chapter 125 — County Government, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes, St. Lucie County possesses the police powers to enact ordinances in order to protect the health, safety, and welfare of the County's citizens; and WHEREAS, on August 1, 1990, the Board of County Commissioners adopted the St. Lucie County Land Development Code; and WHEREAS, the Board of County Commissioners 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 WHEREAS, the Board of County Commissioners 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; and WHEREAS, on December 14, 2023, the Planning and Zoning Commission held a public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on December 1, 2023 and determined to continue the public hearing on January 18, 2024; WHEREAS, on January 18, 2024, the Planning and Zoning Commission continued the public hearing on the proposed ordinance, and recommended to the Board to deny the proposed text amendment to the St. Lucie County Land Development Code; and ORDINANCE No. 2024-14 FILE NO.: TLDC-2303-000021 Page 1 of 8 WHEREAS, on March 5, 2024, 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 February 23, 2024; and WHEREAS, on April 2, 2024, 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 March 21, 2024; and WHEREAS, the Board has determined that the proposed amendment to the Land Development Code is consistent with the general purpose, goals, objectives, and standards of the County's Comprehensive Plan, and are in the best interest of the health, safety, and public welfare of the citizens of the County. 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 amendment, as shown in 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 strike through type are deletions from existing text. Words in underlined type are additions to existing text. Asterisks(***)indicate existing text not shown. LDC Chapter III — ZONING DISTRICTS LDC Section 3.01.03. — Zoning Districts A. through DD. * * * * * EE. PTV(PLANNED TOWN OR VILLAGE). * * * * * * * * * * * * * * * FF. PCS (PLANNED COUNTRY SUBDIVISION) * * * * * * * * * * * * * * * ORDINANCE No. 2024-14 FILE NO.: TLDC-2303-000021 Page 2 of 8 GG. PRW (PLANNED RETAIL/WORKPLACE). 1. Purpose * * * * * 2. Standards and Requirements. Standards and requirements for the Planned Retail/Workplace district shall be as follows: a. and b. c. Lot Types (1) The following lot types may be assigned within the corresponding transect zones as shown in the following matrix. An applicant may propose additional lot types,-includinq Highway Service or Warehouse Retail Lots outside of a Specialized District Transect Zone, during the PRW rezoning process provided the lot types comply with the intent of the TVC Element;_ Tthe Board of County Commissioners shall decide whether to accept, modify, or reject such additional lot types during the approval process based on consistency with the goals, objectives and policies of the TVC Element and the applicable site plan approval standards in Chapter XI of this Code. * * * * * * * * * * * * * * d. through h. * * * * i. Street Network Design (1) New development must accommodate the Future Street Network Plan (see Section 4.04.04.B). (2) Except in Specialized Districts, each PRW must provide an interconnected network of streets, alleys or lanes, and other public passageways: i. Streets must be designed to encourage pedestrian and bicycle travel by providing short routes to connect residential uses with nearby commercial services, schools, parks, and other neighborhood facilities. ii. Streets should be organized according to a hierarchy based on function, size, and design speed. Rights-of-way are expected to differ in dimension and must meet the appropriate standards for the transect zones in which they are located (see Section 3.01.03.GG.2.g). ORDINANCE No. 2024-14 FILE NO.: TLDC-2303-000021 Page 3 of 8 iii. Streets do not have to form an orthogonal grid and are not required to intersect at ninety-degree angles. These streets may be curved or bent but must connect to other streets. Jogs or centerline offsets shall be at least one hundred (100) feet for local streets; this requirement does not apply to alleys. iv. All streets in the Future Street Network Plan must be publicly dedicated. Private streets and closed or gated streets are prohibited, notwithstanding the provisions of Sections 7.05.03.E and 7.10.15. v. The use of raised intersections, lateral shifts, and traffic circles are encouraged as alternatives to more conventional traffic calming measures such as speed bumps. vi. A continuous network of rear and side alleys and/or lanes is desirable to serve as the primary means of vehicular ingress to individual lots. Such networks are mandatory in Core and Center transect zones. Alley and rear lane entrances should align so as to provide ease of ingress for service vehicles. Internal deflections or variations in the alley/rear lane network are encouraged to prevent excessive or monotonous views of the rear of structures resulting from long stretches of alleys and rear lanes. vii. Cul-de-sacs are not permitted except where physical conditions such as freeways provide no practical alternatives for connection for through traffic. Canals may or may not be physical barriers; appropriate crossings will be considered at the time of PRW approval. viii. Street stubs must be provided to adjacent undeveloped land to ensure an integrated street network is achieved over time, except where the adjacent land is being designated as Fringe. Stub-out streets to connect to future development will not be considered cul- de-sacs if they are less than three hundred (300) feet long. ix. Streets intersecting Indrio Road must be separated by at least six hundred sixty (660) feet. Streets intersecting other roads on the regional street network must be separated by at least three hundred thirty (330) feet (see Section 4.04.04.B). * * * * * * * * * * * * * * * * * * * LDC CHAPTER IV — SPECIAL DISTRICTS LDC Section 4.04.00 TVC Overlay Zone * * * * * * * * * * * * * * * * * * * ORDINANCE No. 2024-14 FILE NO.: TLDC-2303-000021 Page 4 of 8 4.04.04. TVC Specific Standards. * * * * * * * * * * * * * * * * * F. Residential Driveways and Garages. Buildings. garages must be accessed from the alley or lane except where no alley or lane is pfes,ent. Front loaded units shall net comp-romise the walkability and intended be recessed from the main facade. A maximum of twenty five percent (25)/©) of does not exceed ten (10) feet wide except at the garage entrance. Where space age doors e• _: - •: ach door is limited to one (1) car width. 1. Intent. TVC Settlement Principles include public streets designed to meet the needs of all users, including pedestrians, bicyclists, and motor vehicles. In residential neighborhoods, an important walkability consideration is whether driveways, cars and on-street parking dominate the streetscape or continuous, wide, uninterrupted sidewalks and healthy street trees are provided. The intent of this sub-section is to ensure that residential garages and driveways do not compromise the walkability and intended pedestrian character of a neighborhood. 2. Applicability. The standards in this sub-section apply to new dwellings on pre existing lots in the TVC Overlay Zone; to all dwellings built in new subdivisions zoned in the PTV, PCS, and or PRW Zoning Districts-and to a+4 new dwellings in new subdivisions approved pursuant to 4.04.04.D. and 4.04.04.E. Residential development on existing parcels and residential development in new subdivisions created pursuant to LDC sub-section 4.04.04.D.3. (after transfer of development rights) are exempt from these garage and driveway standards. 3. Garage and Driveway Standards a. Front-loaded garage doors shall not comprise more than 50% of the width of the front elevation of the house (including the garage). b. Notwithstanding the previous provision, up to 20% of dwellings within a neighborhood can include garage doors which measure up to 60% of the width of the front elevation of the house. ORDINANCE No. 2024-14 FILE NO TLDC-2303-000021 Page 5 of 8 c. Different house types and lot widths must be dispersed throughout the neighborhood to provide variety to the streetscape. d. Driveway width should be limited at the property line to protect the priority of the sidewalk and to enable on-street parking. In no case shall the driveway width exceed 50% of the lot width or 20 feet, whichever is narrower, where the driveway meets the property line. Where measured elsewhere,single-family residential driveway widths shall not exceed 22 feet. e. Front-loaded garages on residential lots greater than 45 feet in width shall be recessed from the main facade no less than 10 feet. The garage recess may be measured from a front porch so long as the porch is at least six feet deep and the width is at least 30% of the front elevation. (Front porches meeting this standard may encroach into the front setback.) f. Front-loaded garages on residential lots less than 45 feet in width must meet this standard unless modifications are granted, pursuant to paragraph 4 below. g. The width of a side-loaded garage shall not be limited relative to the width of the lot or dwelling, if the wall of the garage facing a street includes at least two windows and other features to resemble living space. The width of a driveway serving a side-loaded garage shall be limited to 20 feet where it meets the property line. Side-loaded garages may also have reduced setbacks from the front property line. h. The width of a garage or driveway accessed from a rear alley shall not be limited relative to the width of the lot or dwelling. 4. Design Flexibility. a. Deviations from these standards may be approved by the Board of County Commissioners upon demonstration that other proposed design features adequately mitigate the impacts of larger garages and driveways on the neighborhood streetscape. At time of approval of a Regulating Plan and Preliminary Development Plan, the Board of County Commissioners may delegate to the Planning and Development Services Director authority to approve deviation from the standards in paragraph 3 if the Director, in his or her professional judgment, determines that the proposed alternative design is consistent with the intent to provide safe and inviting streetscapes that encourage walking and that the impact of larger driveways or garages has been adequately mitigated. b. Such alternative design options include but are not limited to: ORDINANCE No. 2024-14 FILE NO.: TLDC-2303-000021 Page 6 of 8 i. Commitment to provide a minimum percentage of dwellings within the neighborhood that have a one-car garage and/or a driveway that does not exceed 12 feet in width; ii. Provision of structured soils or a modular suspended pavement system designed to meet the needs for water, soil and oxygen for the roots of mature street trees, while still supporting the weight of heavy vehicles. iii. Additional shade trees on individual residential lots, beyond what is required by code. iv. Wider sidewalks than what is required by code. v. Providing a Boulevard street section with shade trees and pedestrian pathways in the center median that is at least 30 feet wide. vi. Second floor living space over the garage with windows overlooking the street and including Accessory Dwelling Units. vii. Brick pavers or other improved hardscape materials on the driveway. viii. Providing two separate garage doors for two-car garages rather than one larger door. ix. Providing a minimum percentage of dwellings where the front-loaded garage is located in the rear of the lot and accessed by a narrow driveway. x. Providing a minimum percentage of dwellings where the garage parking is accessed from a rear alley. xi. Provide a minimum number or percentage of wider lots. 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, ORDINANCE No. 2024-14 FILE NO.: TLDC-2303-000021 Page 7 of 8 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. 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 2nd day of April, 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA _ _ , A/ . . BY.fil_itx.oLti /,1_,L,,,,,,z Deputy Cle sio i r„ cChair J2 - ti� ek , . APPROVED AS TO FOR ND C7 CORRECTNE S: F color, BY: County rney ORDINANCE No. 2024-14 FILE NO.: TLDC-2303-000021 Page 8 of 8 RON DESANTIS CORD BYRD Governor Secretary of State May 13, 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 St. Lucie County Ordinance No. 2024-014, which was filed in this office on May 13, 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