HomeMy WebLinkAbout24-029 ORDINANCE NO. 2024-29
File No. TLDC-2401-000033
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT 8 Z
CODE SECTION 2.00.00 (DEFINITIONS) TO REVISE THE ESSENTIAL
UTILITY SERVICE FACILITIES AND SOLAR GENERATION STATION
DEFINITIONS AND ADD A NEW DEFINITION FOR ELECTRIC
SUBSTATION; AMEND SECTION 3.01.01.D. (ZONING Q o°
DISTRICTS, GENERALLY, PUBLIC SERVICES AND FACILITIES) TO i N M
HARMONIZE WITH STATUTORY LANGUAGE [F.S. 163.3208.(4)] o- co
THAT REGULATES SETBACKS AND LANDSCAPE BUFFERS FOR 4-N
ELECTRIC SUBSTATIONS; AMEND SECTION 3.01.01.D. (ZONING oa
DISTRICTS, PUBLIC SERVICES AND FACILITIES) TO NOT °
INCLUDE SCREENING WALLS AND FENCING IN THE W o Z
CALCULATION OF SQUARE FOOTAGE FOR AN ESSENTIAL =;- 1 m ES
UTILITY SERVICE FACILITIES BUILDING OR STRUCTURE; AMEND (1)a
SECTION 3.01.01.D. (ZONING DISTRICTS, PUBLIC SERVICES " _"cr
AND FACILITIES), REMOVING THE WORD "DISTRIBUTION"
FROM "DISTRIBUTION SUBSTATIONS"; AMEND SECTION
7.10.28. (SUPPLEMENTAL STANDARDS, SOLAR GENERATION
STATION) TO ADD THE NORTH ST. LUCIE RIVER WATER
CONTROL DISTRICT AND FT. PIERCE FARMS WATER CONTROL
DISTRICT CANALS OR RIGHTS OF WAY AS OWNERS OF CANALS
ADJACENT TO NEW SOLAR GENERATION STATIONS WHICH DO
NOT ACTIVATE THE PERIMETER BUFFER REQUIREMENT FOR THE
SOLAR PROPERTY; AMEND SECTION 7.10.28. (SUPPLEMENTAL
STANDARDS, SOLAR GENERATION STATION) TO EXEMPT NEW
SOLAR GENERATION STATION APPLICATIONS FROM INCLUDING
WRITTEN LEGAL DESCRIPTIONS OF CLASS (CATEGORY) III
WETLANDS; PROVIDING FOR FINDINGS; PROVIDING FOR
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH
THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR ADOPTION.
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 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. Regulations pertaining to Electric Substations were adopted in 2012 and have not been
Ordinance No.2024-29
Electric Substation and Solar Generation Station Land Development Code Text Amendment
File No.: . TLDC-2401-000033
Page 2
amended since then. Regulations pertaining to Solar Generation Stations were adopted
in 2010 and were amended twice after that. In 2022, the County adopted an ordinance to
reflect state legislation that allowed solar facilities as permitted uses in all agricultural land
use categories in a local government comprehensive plan, complying with setback and
landscape buffer area criteria for similar uses in agricultural zoning districts. In 2023, the
County adopted another ordinance exempting parcels on which Solar Generation Stations
are located from meeting minimum frontage standards, which allowed the use of isolated
properties that had access to, but less of a presence on roads. The ordinance also
exempted the subdivision or redivision of platted or unplatted land from the requirement
that a subdivision plat or replat be filed and approved.
5. On July 18, 2024, 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.
6. On September 17, 2024, this Board held the first public hearing on the proposed
ordinance, after publishing due notice in the St. Lucie News Tribune.
7. On October 1, 2024, this Board held its second public hearing on the proposed
ordinance, after publishing due notice in the St. Lucie News Tribune.
8. 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 Board of County Commissioners of St. Lucie
County, Florida that the St. Lucie County Land Development is amended as set forth in the
following amendments, as shown in strikethrough 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 the 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.
CHAPTER II - DEFINITIONS
Section 2.00.00.—DEFINITIONS
Electric Substation: An electric substation is a use, including accessory administration or
maintenance buildings and related accessory uses and structures,which takes electricity from the
transmission grid and converts it to another voltage or a lower voltage so it can be distributed to
Underline is for additions.
Strikcthrough is for deletion.
Ordinance No.2024-29
Electric Substation and Solar Generation Station Land Development Code Text Amendment
File No.: . TLDC-2401-000033
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customers through one or more lines.
Essential Utility Service Facilities: Small scale infrastructure improvements located outside
transportation and utility rights-of-way that support the provision of public facilities and services
and are required to be located in or near the neighborhood where the service is provided,
including improvements that support the transmission or distribution systems of water, sanitary
or storm sewage, cable, gas, electricity, and public safety, including poles, wires, mains,
hydrants, drains, sewer lift stations, electric substations, pipes, conduits, police or fire call boxes,
warning sirens, bus stops, stormwater retention or detention facilities, chloramine injection
station, potable water booster station and other similar equipment necessary for the furnishing
of adequate public service.
Solar Generation Station: An energy generation facility comprised of one (1) or more
freestanding, ground mounted photovoltaic modules or devices that capture solar energy,
converts it to electrical energy, stores energy, or delivers energy to a transmission system for use
in locations other than where it is generated. Solar generation stations typically utilize
photovoltaic solar cells, but can also be combinations of light reflectors, concentrators, energy
storage equipment, and heat exchangers. A Solar Generation Station is also known as a solar
facility, solar plant, solar generation plant, solar farm, solar power plant, battery storage plant,
energy storage plant or solar thermal power plant. Ground mounted solar devices that capture
solar energy(panels) shall not count towards maximum lot coverage. A Solar Generation Station
may include, as an accessory use to the operation of the Station, administrative and maintenance
support facilities.
CHAPTER III —ZONING DISTRICTS
Section 3.01.01.D. Generally -
A.-C.: No changes.
D. Public Services and Facilities. The intent of this Section is to address infrastructure
improvements that provide essential or important public services that by their nature may be
required throughout unincorporated St. Lucie County.
1. Transportation and utility rights-of-way,except for those utility rights-of-way subject
to review and approval under F.S. Ch. 403, Part II, and the linear portion of
transportation facilities, e.g., pipes, poles lines, wires, cables, conduits, pavement
rails, drainage and other similar equipment and accessories in connection
herewith, shall be permitted in all zoning districts and shall comply, as applicable,
with the resource protection and development standards for vegetation protection,
protection of environmentally sensitive lands, protection of habitat for endangered
and threatened species, flood damage prevention and stormwater management.
Prior to any local certification of consistency for those utility rights-of-way subject
to review and approval under F.S. Ch. 403, Part II, a conditional use review, in
accordance with the provisions of Section 11.07.03, shall be required.
2. Essential Utility Service Facilities that support the operation and function of a utility
service provider shall be permitted in all zoning districts, subject to compliance
Underline is for additions.
Strikcthroug1 is for deletion.
Ordinance No.2024-29
Electric Substation and Solar Generation Station Land Development Code Text Amendment
File No.: . TLDC-2401-000033
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with the provisions of this Section. For purposes of this Section, the term "service
provider" shall mean a public entity; a Florida Public Service Commission
certificated utility entity, a non-regulated utility entity such as a cable television
service provider, or a public or a quasi-public entity, such as a community
development district or drainage district.
a. Essential Utility Service Facilities parcels shall be exempt from the lot
width, lot size and road frontage requirements but all improvements on a
parcel or parcels shall meet the maximum height requirements and all
buildings and structures shall also meet the setback requirements of the
zoning district in which they are located, unless otherwise regulated under
Section 163.3208, Florida Statutes. The improvements shall comply with
all resource protection and development standards for vegetation
protection, protection of environmentally sensitive lands, protection of
habitat for endangered and threatened species, flood damage prevention
and stormwater management. In addition, above ground mechanical
improvements located outside the right- of-way and adjacent to
residentially zoned property and road rights-of-way shall be screened by
landscaping with the type and location of the improvement and landscape
treatments to be determined at the time of permitting.
b. Except as provided for under the provisions of paragraph a above,
Essential Utility Service Facilities involving buildings or structures that
shield the infrastructure for aesthetic purposes or that provide storage
incidental to the Essential Utility Service shall be permitted upon a
demonstration of compliance with all applicable sections of this Code, and
the provisions below:
1) The cumulative area of the Essential Utility Service Facilities
building or structure shall not exceed 300 square feet. Essential
Utility Service Facilities involving buildings or structures with a
cumulative total area larger than 300 square feet, or not compliant
with this Section, shall only be permitted within a zoning district
when specifically listed as a permitted, conditional or accessory
use.
2) The Essential Utility Service Facilities building or structure shall
comply with all applicable building codes, resource protection and
development design standards, including landscaping and
screening requirements. Where necessary, the Planning and
Development Services Director may approve alternative plans for
security purposes or to ensure compatibility with the surrounding
zoning district and existing uses.
3) Within residentially zoned areas, Essential Utility Service Facilities
buildings or structures shall require approval by the Planning and
Development Services Director. The Director shall deny any
building or structure that would likely create an adverse impact on
neighboring properties.
4) For the purpose of this section, an opaque screening wall or fence,
Underline is for additions.
Strikcthrough is for deletion.
Ordinance No.2024-29
Electric Substation and Solar Generation Station Land Development Code Text Amendment
File No.: .TLDC-2401-000033
Page 5
erected or constructed for the purpose of screening or providing
security to an Essential Utility Service Facility shall not be included
in the 300 square foot limitation cited in Paragraph 1 above. All
screening walls or fences shall be subject to applicable local height
and site distance placement requirements.
c. Essential Utility Service Facilities, as defined in this Code, existing as of
May 1, 2012 shall be considered permitted uses in the zoning district in
which they are located and allowed to continue in compliance with this
Code and any applicable conditions of approval.
3. Public services and facilities not meeting the provisions for Transportation and
Utility Rights-of-way or Essential Utility Service Facilities, including but not limited
to those involving Eton substations, generation plants, treatment plants, or
stormwater pumping stations shall be permitted within zoning districts only when
listed as a permitted or conditional use. Where an Essential Utility Service
Facilities improvement is specifically addressed in another section of this Code,
and conflicts with this Section, the most restrictive requirements shall apply.
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 and 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.
CHAPTER VII —DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS
Section 7.10.28. Supplemental Standards, Solar Generation Station
7.10.28. Solar Energy.
The following provisions are intended to facilitate the commercial generation and distribution of
solar power and the use of on-site solar energy systems to meet the energy demands of
buildings and support facilities in the unincorporated County. All Solar equipment and devices
shall comply with Florida Statutes and shall be certificated by the Florida Solar Energy
Commission.
A. Solar Generation Station. In addition to other applicable sections of this Code, a
Solar Generation Station shall be subject to the following provisions:
1. Solar Generation Stations are permitted uses in the AG 1, AG 2. 5 and AG 5
Zoning Districts and shall require submittal of a Minor Site Plan application. Solar
Generation Stations not located within an Agricultural Zoning District shall require
submittal of a Major Site Plan application concurrent with a Conditional Use
Permit, when required.
a) In Zoning Districts in which a Major Site Plan application is required, the
development shall be subject to the following supplemental criteria:
1. Physical access to a Solar Generation Station shall be restricted
Underline is for additions.
Strike-through is for deletion.
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Electric Substation and Solar Generation Station Land Development Code Text Amendment
File No.: . TLDC-2401-000033
Page 6
by fencing or walls. Razor wire is prohibited. All fencing and wall
details shall be provided for review and approval as part of the
required site plan.
2. The devices that capture energy and convert it to electricity shall
not be placed in wetlands, environmentally sensitive resources or
habitats, imperiled and critically imperiled habitats as defined by
the Florida Natural Areas Inventory, and/or buffers. Any
environmental impacts from such devices, or any component of a
Solar Generation Station, shall only be allowed in compliance with
the provisions of the County's Comprehensive Plan and Land
Development Code.
3. All devices that capture and convert energy to electricity shall be
located at least fifty (50) feet from any lot line under separate
ownership, unless otherwise approved by the Board of County
Commissioners.
4. All Solar Generation Station sites must comply with the
landscaping and screening requirements of the Land
Development Code. The perimeter buffer landscaping
requirements may be waived by the Board of County
Commissioners, if it is shown to the satisfaction of the
Commission that the adjoining property owners have no objection
to the landscaping waiver. Interior vehicular use area landscaping
requirements may be waived by the Commission, to the extent
necessary to ensure optimal solar access. The Board of County
Commissioners may require additional landscaping to enhance
compatibility with adjacent land uses.
5. On-site power lines shall be placed underground to the maximum
extent possible.
6. The paving requirements within Section 7.05.07(B) shall not apply
to Solar Generation Station that utilize unpaved public or private
roads and roadways for access.
7. The minimum frontage requirement for a Solar Generation Station
in the AG-5, AG-2.5 or AG-1 Zoning District is zero (0) feet,
provided legal and sufficient ingress and egress to the facility is
demonstrated to the satisfaction of the County Attorney, the
County Engineer and the Planning and Development Services
Director. Where such access to a Solar Generation Station site
relies upon an easement, easements, or any interest in land that is
less than fee simple ownership, the Final Development Order
granting Minor Site Plan approval and the Site Plan shall identify
the Book and Page where such easement or other right of access
is recorded in the Official Records of St. Lucie County. The
Development Order and the Site Plan shall contain the following
statement:
"NEITHER ST. LUCIE COUNTY NOR ANY OTHER
Underline is for additions.
Strike-through.is for deletion.
Ordinance No.2024-29
Electric Substation and Solar Generation Station Land Development Code Text Amendment
File No.: .TLDC-2401-000033
Page 7
GOVERNMENTAL OR PUBLIC AGENCY IS RESPONSIBLE
FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF
ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS, OR
RIGHTS-OF-WAY PROVIDING INGRESS AND EGRESS OR
DRAINAGE SERVICE TO THE PROPERTY THAT IS THE
SUBJECT OF THIS DEVELOPMENT ORDER."
8. Surveys for Solar Generation Stations shall be compliant with
the requirements of Section 11.02.09(A)(2)(d), except that any
Category III wetlands, as defined by the St Lucie County
Comprehensive Plan, that are located on the site need only be
graphically located on the project site plan, provided that they
have been identified with field flagging or by GPS (or equivalent)
coordinate mapping, by a qualified Professional Wetland Scientist
(PWS). All such wetlands are to be buffered in accord with the
County's Comprehensive Plan, unless otherwise proposed for
alteration or impact.
Wetlands mapped under this paragraph are not required to provide
individual conservation easements or a Preserve Area Monitoring
and Management Plan (PAMMP)for the project site, provided that
all required buffers are indicated on the project site plan and
appropriate management restrictions and obligations are set out
in any site plan approval orders or resolutions, for the Minor Site
Plan activity.
SECTION 3. 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.
SECTION 4. 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.
SECTION 5. APPLICABILITY OF ORDINANCE.
This Ordinance shall be applicable in the unincorporated area of St. Lucie County.
SECTION 6. 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.
SECTION 7. EFFECTIVE DATE.
Underline is for additions.
Strikcthrough is for deletion.
Ordinance No.2024-29
Electric Substation and Solar Generation Station Land Development Code Text Amendment
File No.: .TLDC-2401-000033
Page 8
This Ordinance shall take effect upon filing with the Department of State.
SECTION 8. 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 9. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Cathy Townsend, Chair ABSENT
Chris Dzadovsky, Vice-Chair AYE
Linda Bartz, Commissioners AYE
Larry Leet, Commissioner AYE
Jamie Fowler, Commissioner AYE
PASSED AND DULY ENACTED this 1st day of October, 2024.
Attest: GOMM/s Board of County Commissioners
,�y 4> St. Lucie County, Florida
A 'X e•Or650/1
.. fI4dri \ v Fr %t
Deputy Clerk * * Chair
Approved As t, Form and C, ectness:
B A ,A
Y•
County Attor -
FLORIDA DEPARTMENT O�STATE
RON DESANTIS
Governor
October 28, 2024
Michelle R. Miller
Clerk & Comptroller
St. Lucie County
2300 Virginia Ave.
Fort Pierce, FL 34982
Dear Michelle Miller,
CORD BYRD
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 2024-29, which was filed in this office on October 25,
2024.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270