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HomeMy WebLinkAbout25-014 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5506478 07/21/2025 09:43:25 AM DR BOOK 5342 PAGE 1349-1366 Doc Type:ORDN RECORDING: $154.50 ORDINANCE No. 2025-14 FILE NO.: TLDC-2505-000040 AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 11.02.01 TO ESTABLISH THE REQUIREMENTS FOR COMMUNITY PARTICIPATION MEETINGS; SECTION 11.02.02 TO ALLOW CERTAIN PERMITTED AS-OF-RIGHT USES IN CONFORMITY WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE AND DEVELOPMENT APPLICATIONS THAT ARE IN SUBSTANTIAL CONFORMITY WITH A PRELIMINARY PLANNED DEVELOPMENT PLAN APPROVED BY THE BOARD OF COUNTY COMMISSIONERS TO BE PROCESSED AS A MINOR SITE PLAN AND TO INCLUDE LIVE LOCAL AFFORDABLE HOUSING APPLICATIONS MEETING THE PROVISIONS OF SECTION 125.01055,F.S.AS A MINOR SITE PLAN AND TO DELETE PROVISIONS PERTAINING TO DEVELOPMENTS OF REGIONAL IMPACT THAT ARE NO LONGER CONSISTENT WITH FLORIDA STATUTES; AND SECTIONS 11.02.04, 11.02.06, 11.02.08 AND 11.02.09 TO UPDATE OBSOLETE DEPARTMENT NAMES AND TITLES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 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, Chapters 125, and 163, F.S., provide for the adoption and enforcement of the comprehensive plan and codes; and enforcement to ensure development undertaken is consistent with the plan and codes; and WHEREAS, on August 1, 1990, the Board of County Commissioners adopted the St. Lucie County Land Development Code (Code); and WHEREAS,to ensure community participation in the development review process and streamline the regulatory procedures by incorporating public input early in the process, the ordinance includes requirements for public participation through mandatory community meetings for applicable development applications submitted after the effective date of this ordinance; and WHEREAS, permitted as-of-right uses are land uses allowed under the local zoning ordinance without needing special permits or variances, subject to conformity with development standards; and Page 1 of 18 WHEREAS,permitted as-of-right uses are generally development proposals that strictly conform to zoning codes and may receive approval and qualify for construction without requiring discretionary approval and it is proposed that these development applications are processed as a minor site plan; and WHEREAS, Preliminary Planned Development Plan (PPDP) development applications require review by the Development Review Committee, and review and public hearings before the Planning and Zoning Commission and the Board of County Commissioners (Board)to determine whether the proposal satisfies the requirements of the Comprehensive Plan and Code; and WHEREAS, development applications that have been reviewed and approved by the Board and that are in substantial conformity with an approved PPDP are proposed to be processed as a minor site plan; and WHEREAS,in 2023,the Florida Legislature adopted the Live Local Act(Ch.2023-17,LOF)and in 2024, further refined some provisions (Ch. 2024-188, LOF) to increase the availability of affordable housing options, including preempting local regulations for certain housing developments in areas zoned for commercial,industrial,or mixed use and requiring that such applications be administratively approved with no review by the Planning and Zoning Commission or the Board; and WHEREAS, on May 15, 2025, the Local Planning Agency/Planning and Zoning Commission held a public hearing on this 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; and WHEREAS,on June 3, 2025,this Board held the first public hearing on this proposed ordinance, after publishing due notice in the St. Lucie News Tribune; and WHEREAS,on July 1,2025,this Board held its second public hearing on this proposed ordinance, after publishing due notice in the St. Lucie News Tribune; and WHEREAS, the Board has determined that 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: 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 strik gh type are deletions from existing text. Words in underlined type are additions to existing text. Asterisks(***)indicate existing text not shown. Page 2 of 18 11.02.01. Pre-Application Conferences and Community Participation Meetings. A. Prior to filing for site plan a development application-review,the applicant is encouraged to met whe request a pre-application meeting with the St. Lucie County Development Review Committee by submitting an application and applicable fee. The applicant shall provide a written description of the existing and proposed development, including its character, location and magnitude in the application submission.The purpose of this meeting is to discuss the development review process and to be informed of which staff members to confer with about the application.Staff will provide the applicant with information about the potential Land Development Code and Comprehensive Plan requirements, as well as may provide initial comments about the proposal and recommend specific items to address prior to submitting a development application. B. Applicants requesting a rezoning to a Planned Development Zoning District, a Conditional Use Permit, a Future Land Use Map Amendment to a Mixed Use or Special District, or a Development Agreement pursuant to this Section shall provide for public participation through a community meeting. The purpose of a community meeting is to ensure citizen participation in an informal forum and to provide an applicant with the opportunity to understand scope of the development application and any potential impact it may have on an affected community. 1. The applicant shall coordinate with the Planning and Development Services Director or designee regarding the date,time and location of the community meeting; however,all meetings are to be held on a weekday evening at a location close to the project site or at a County facility if a location does not exist nearby. The community meeting shall be held between 20 and 120 days prior to the first of any public hearings required for application approval. Additional community meetings may be held by the applicant or their authorized representative but are not required. 2. The applicant is responsible for noticing the community meeting at least 15 days prior to the meeting date by mailed notice to the Planning and Development Services Director or designee and to all surrounding property owners within 1,000 feet if the petition site is within the Urban Service Boundary and 1,500 feet if the petition site is outside of the Urban Service Boundary. The Planning and Development Services Department shall provide the applicant with a mailing list.The applicant shall mail the notices with proper postage a minimum of fifteen(15)days before the community meeting. 3. The applicant is responsible for providing new public notice consistent with the subsection above for any rescheduled community meeting. 4. The applicant shall pay the cost of the mailed notice for the community meeting and provide proof of proper notice to the Planning and Development Services Director or designee. 5. The community meeting shall be facilitated by the applicant, or their authorized representative and Planning and Development Services staff shall be notified to attend. The applicant shall provide Planning and Development Services staff with a summary of the materials presented at the community meeting,the issues or suggestions raised by those in attendance,and a copy of the sign-in sheet. 6. If an applicant fails to hold a required community meeting, the Planning and Development Services Department shall not proceed with scheduling for a public hearing for the application. 11.02.02.Designation of Minor Site Plan,Major Site Plan,or Preliminary Planned Development Plan. A. Generally. For purposes of these review procedures, all site plans shall be designated as either a Minor Site Plan,a Major Site Plan, or a Preliminary Planned Development Plan according to the criteria below. B. Minor Site Plan. A proposed development shall be designated as a Minor Site Plan if it is: Page 3 of 18 1. Any use permitted as-of-right with proposed drive-through services or buildings between six thousand(6,000)and one hundred thousand(100,000)square feet, or between three(3)and ninety- nine(99)dwelling units that does not involve platting residential lots,provided the use is developed in conformity with the Comprehensive Plan and Land Development Code. 2. Any division of land located outside of the Urban Service Boundaries into more than two(2)parcels but less than ten (10) parcels but more than two (2) parcels in accordance with the provisions of Section 11.03.00. 23. Any division of land located within the Urban Service Boundary into more than two(2)parcels but less than fifty(50)parcels in accordance with the provisions of Section 11.03.00. platting, 4. Any development application that is in substantial conformity with a Preliminary Planned Development Plan approved by the Board of County Commissioners after August 1,2025. 4.5. Any nonresidential use, including additions to existing structures of six thousand (6,000) to one hundred thousand(100,000) square feet. 5. Any non residential use,less than fifty thousand(50,000)square feet,that provides drive through or walk > > walk up services. 7,6. Any non-residential use, including additions to existing structures up to five hundred thousand (500,000)square feet for development included within the St. Lucie County Targeted Industry List. 8:7. Any commercial lodging establishments having less than six(6)units for rent or lease. 8. Live local affordable housing applications meeting the provisions of Section 125.01055, F.S. C. Major Site Plan.A proposed development shall be designated as a Major Development Site Plan if it is: 1. Any division of land located outside the Urban Service Boundary into ten (10) or more parcels, in accordance with the provisions of Section 11.03.00. 2. Any division of land located within the Urban Service Boundary into fifty(50) or more parcels, in accordance with the provisions of Section 11.03.00. 3. Any multi-family residential development of one hundred(100)or more dwelling units. 4. Any nonresidential use, of gone hundred thousand and one (100,001) or more square feet of nee-- residential floor space. 5. Any nonresidential use, of Ffive hundred thousand and one (500,001) or more square feet of een- residential floor space for any development included within the St. Lucie County Targeted Industry List. 6. All commercial lodging establishments including six(6)or more units available for rent or lease. 7. Any development of land, including a Final Planned Development Site Plan,. a. Wwhere the proposed development should be more thoroughly considered and reviewed because of its location or potential for impact on public facilities, natural resources, and public safety. The Planning and Development Services Director or designee shall make this determination. D. Preliminary Planned Development Plan. A proposed development shall be designated as a Planned Development Site Plan if it is: Page 4 of 18 1. A Planned Unit Development(Per Section 7.01.00); 2. A Planned Non-Residential Development(Per Section 7.02.00); 3. A Planned Mixed-Use Development(Per Section 7.03.00). 4. A Planned Town or Village(Per Section 3.01.03(FF)); 5. A Planned Country Subdivision(Per Section 3.01.03(GG)); 6. A Planned Retail/Workplace(Per Section 3.01.03(HH)); 7. A Develop rent-of cegional•Imppact, ., .-lef�e,f i L C R 34�0v Hid in accordance with Section 11.02.02(E). E. Developments of Regional Impact. 1. A Development of Regional Impact(DRI)must meet the definition of, and the provisions provided in Section 380.06,F.S. fegienal-ifflpaet-as-defified4-FTSA-340706;--wider-the-fiallewifig-eifetimstancesi 0 a numerical threshold in the guidelines and standards in F.S. Ch. 380, or administrative rules Preffililgated-thereunderer b. The development is between a presumptive numerical threshold and twenty percent (20%) magnitudes€ the—development—at—the-=proposed-location creates 1�d—that the more than one(1)county. 1 I tl e a ent tl et a ,l evel opment:s between a ptive, al threshold an.7 t. .. �.............,��r...�........,r�.l,rrr..... .,,...�....�..,...t,.���:::l,�r...aru..r��r�.zr 0 required to be submitted in regard to such 4evelepment. The procedure for processing such requests in St. Lucie County shall be as follows: 2. Within thirty (30) days after receipt of the developer's written request, the Growth Manag ent ,.Direst, shall make.,,leter:..atio riting as to r whethe the County will be requires a tht the dloper s.�„bmit sir" „lic tio„ f r-s bin.1:.,g letter of i„terpretatio The .l eve u Director shall p i e by „ a l (certified{ ret,.r.. apt) er l.an deliver of'the person may appeal the determination of the Director to the Board of County Commssioners by fling s ritten notice of inte„t to s al with the County Director ..........,��........� ..y rrr.rr� ..rr�, e 2. Application Requirements. a. As to any development which is required by the provisions of Section 11.02.02(E) to submit for a binding letter of interpretation, the application to St. Lucie County for any of the following 1. Comprehensive plan amendment; 2. Rezoning; Page 5 of 18 3. Planned Unit Development approval; 1. Site Plan approval; 5. Conditional Use approval; 6. Special Exception; or 7. for any other development permit, as defined in F.S. § 380.031, shall be accompanied by a certified copy of the final determination by the Department of of an appeal from a final order of the Department of Community Affairs making a thereof, for which a binding letter of interpretation is required or is actually sought by the Impact status of the project. b. In any application for of Community Affairs to restrict the development in a way that it shall not constitute a Development of Regional Impact, such commitments, limitations or conditions shall be r..te,l . nditio s ;.,to ll Deyelop...e.,t Per.Y.;ts; ed by St i , e f`ou t., ;f such conditions were fully set out in each Development Permit. , as to such proposed development, any application to St. Lucie County as to the first Development n� AT. final aetio,, will bet ken by St.Lucie County on any St.Lucie County Development Permit application as to a project for which concurrently ct, n the . pl ie tien f r development. a1 for which ^bird:fg letter of interYetation has been received by St. Lucie County indicating that the levelepment w of., Development of Regional Imp et the f llewi..g shall . ply. the proposed modification is aggregated with the prior approved development that was deter.ined„et t„he..Development f D egiona1 I pact that the. gated devete ff.ent ' t 0 in the g elinesr ands dards of F.S.Ch. ul t a , inter etation. the—pfepesed—fneklifieatien—is—aggregated—with—the—ffier—appreved—development—that—was development is at a presumptive numerical threshold or twenty percent (20%) below the nu erica)thres ol,l the;h „f Sectio t 1 02 02(E)(1)(b) sh ll i Page 6 of 18 c. The provisions of Sections 11.02.02(E)(2)and(3)shall also apply in the event of a modification to a development whicti f ils within the p eters of s„bparagr.,phs ., nd b above 11.02.04.Review of Applications for Major Site Plans. A. General Procedures. 1. An application for a Major Site Plan shall be submitted to the Planning and Development Services Director in a form established by the Director along with an applicable fee as established in Section 11.12.00. 2. An application shall be determined to be complete only if the required submittals of Section 11.02.09 are provided. Within twenty(20)working days of receipt of the Site Plan,the Director shall: a. Determine that the application is complete and direct the application to the Development Review Committee for further review; or, b. Determine that the application is incomplete and inform the applicant in writing of the missing components. The applicant may submit a revised plan within thirty(30)working days without payment of any additional processing fee,but, if more than thirty(30)days have elapsed since notice of incompleteness,must thereafter reinitiate the review process and pay additional fees as identified in Section 11.12.00. 11.02.09 are provided. 3. The Development Review Committee shall review the application for Site Plan and determine whether it complies with the requirements of this Code within twenty(20) working days. In reviewing the application and making a determination of compliance, the Development Review Committee shall use the standards in Section 11.02.07. 4. After the completion of the review by the Development Review Committee, the Chairman of the Development Review Committee shall: a. Recommend that the Planning and Development Services Director determine that the application complies with the standards of Section 11.02.07; b. Inform the applicant and the Planning and Development Services Director in writing of the deficiencies of the application. The applicant shall notify the Planning and Development Services Director within thirty(30)working days of this notice of deficiency of his/her intent to address the cited deficiencies. The applicant shall have a maximum of one hundred twenty(120)days to respond to the cited deficiencies without payment of any additional processing fee.Upon the applicant's response to the cited deficiencies the revised application shall be reviewed by the Development Review Committee pursuant to Section 11.02.03(A)(3)and(4). If the applicant fails to respond to the cited deficiencies within one hundred twenty (120) days the applicant must thereafter reinitiate the review process and pay an additional fee, as identified in Section 11.12.00 of this Code. 5. The Chairman of the Development Review Committee shall notify the Planning and Development Services Director that the Site Plan is ready for presentation to the Board of County Commissioners and request that this application for major site plan approval be placed on the next available regular County Commission agenda. Page 7 of 18 6. The Chairman of the Development Review Committee shall issue a written report to the Growth Management Planning and Development Services Director setting forth findings and conclusions supporting a recommendation to the Board of County Commissioners for approval, approval with conditions, or denial of the Site Plan. 7. The Planning and Development Services Director shall issue a report to the Board of County Commissioners citing the recommendations of the Development Review Committee and provide a recommendation of approval,approval with conditions or denial of the site plan. 8. The Board of County Commissioners shall consider the Site Plan at a regularly scheduled public meeting. In reviewing the application for site plan approval, the Board of County Commissioners shall consider the report of the Planning and Development Services Director and shall determine whether the proposed development specified in the application meets the provisions of this Code,and in particular the standards and criteria of Section 11.02.09;the St.Lucie County Comprehensive Plan;and any other applicable County ordinances.Within a reasonable time of the conclusion of its review, the Board of County Commissioners will approve, approve with conditions or deny the application.The decision on the application shall be by resolution setting forth the findings of the Board of County Commissioners and any condition, limitation,or requirement of such decision. 9. Notification of the Board of County Commissioners' decision shall be mailed to the applicant and 11.00.04(F). B. Appeals. Any final action by the Board of County Commissioners made in accordance with the provisions of this Section may be appealed as provided in Section 11.11.00. C. Minor Adjustment to Major Site Plans: 1. The 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. Page 8 of 18 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 one thousand(1,000) square feet that is otherwise in compliance with the applicable provisions of this Code. 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 Development Code. 3. Notice of the authorization of such minor adjustments shall be provided to the Board of County Commissioners. D. Major Adjustments to Major Development Site Plans. Any other adjustment to the approved site plan shall be considered a Major Adjustment and shall be granted only upon application to and approval by the Board of County Commissioners.The review and processing procedures for the major adjustment review shall be consistent with Section 11.02.04(A). 11.02.06.Expiration of Final Site Plan Approval. A. Effective Approval Period for a Site Plan: 1. Except as provided in this Section, a Minor Site Plan approval or a Major Site Plan approval shall be valid for purposes of securing a building permit for twenty four (24) months from the date of approval. Unless a building permit is secured within twenty four (24) months, the site plan shall expire automatically. A Minor Site Plan approval or a Major Site Plan approval may be conditioned so that the period of validity is less than twenty four(24)months,if it is demonstrated through the issuance of a Certificate of Capacity that necessary public services required for that development are not guaranteed by the service provider for more than the identified period of time. 2. A Preliminary Planned Development Site Plan approval issued consistent with Section 11.02.05(A) shall be valid for a period of twenty four(24)months from the date of approval. Failure to obtain a Final Planned Development Site Plan approval within twenty four (24) months of the Preliminary Planned Development Site Plan approval shall void the Preliminary Planned Development Site Plan approval or an extension of Preliminary Planned Development Site Plan approval according to the provisions of Section 11.02.06(B)(3)(a)of this Code. A Preliminary Planned Development Site Plan approval may be conditioned so that the period of validity is less than twenty four(24)months,if it is demonstrated through the issuance of the elective Certificate of Capacity that necessary public services required for that development are not guaranteed by the service provider for more than the identified period of time. 3. Except as provided in this Section, a Final Planned Development Site Plan approval shall be valid for purposes of securing a building permit for twenty four (24) months from the date of approval. Page 9 of 18 Unless a building permit is secured within twenty four(24)months,the Final Planned Development Site Plan shall expire automatically. A Final Planned Development Site Plan approval may be conditioned so that the period of validity is less than twenty four (24) months, if it is demonstrated through the issuance of a Certificate of Capacity that necessary public services required for that development are not guaranteed by the service provider for more than the identified period of time. B. Site Plan Extensions: 1. Minor Site Plan Extensions: a. Notwithstanding the other provisions of this Code,a Minor Site Plan approval may be extended by the Planning and Development Services Director,for periods of up to twelve (12) months, from its date of expiration. Any request for site plan extension shall be submitted in writing to the Director at least two weeks prior to the date of site plan expiration. All requests for site plan extension shall be accompanied by a complete explanation of the reasons that-the site-plan extension is necessary. b. No Minor Site Plan shall be extended for any period beyond 12 months of the date of original expiration as set forth in the Final Development Order for that Minor Site Plan without undergoing a complete re-review in accordance with the provisions of Section 11.02.00 and demonstration of compliance with all applicable codes in effect at that time. 2. Major Site Plan Extensions: a. Notwithstanding the other provisions of this Code,a Major Site Plan approval may be extended by the Board of County Commissioners,for periods of up to twelve(12)months, from its date of expiration. Any request for site plan extension shall be submitted in writing to the Growth Management Planning and Development Services Director at least two weeks prior to the date of site plan expiration.All requests for site plan extension shall be accompanied by a complete explanation of the reasons that the Gite plan extension is necessary. b. No Major Site Plan shall be extended for any period beyond 24 months of the date of original expiration as set forth in the Final Development Order for that Major Site Plan without undergoing a complete re-review and demonstration of compliance with all applicable codes in effect at that time. 11.02.08.Conditions on Site Plan Approval. A. Minor Site Plan Approvals. The Planning and Development Services Director shall attach any reasonable condition, limitation, or requirement to a Minor Site Plan approval as is necessary to effectuate the purposes of this Section and to carry out the spirit and purpose of this Code and the St. Lucie County Comprehensive Plan. Such conditions shall be set forth expressly in the Final Development Order approving the site plan and shall-may include the following: 1. Traffic Control Devices. Whenever, as the result of additional traffic generated by a proposed development, it is determined based on the Manual on Uniform Traffic Control Devices that there is a need for installation of traffic control devices (including traffic signals, signing, and pavement markings)to ensure safe traffic circulation onto and off of the site,the site plan shall not be approved except upon the condition that the applicant be responsible for installing all said devices and signs, or make an equitable contribution toward such installation. In the case of those developments accessing onto any portion of the State Highway system,concurring approval,in the form of a Notice of Intent or other authorized conceptual approval, from the Florida Department of Transportation Page 10 of 18 about any signals or other regulatory devices is required to be obtained before any Final Development Order is issued. 2. Access Improvements. A site plan shall not be approved except upon the condition that the applicant provide the access(ingress and egress)improvements determined to be necessary as a result of traffic generated by the development. 3. Water and Sewer Dry Line Improvements. If the proposed development is within a water or sewer utility's five(5)year service area,the developer shall construct and dedicate to the County, or at the County's discretion, the applicable service provider, dry water and sewer lines in accordance with standards and specifications of the County and the applicable service provider 4. Connected to Regional Utility Systems. A site plan shall not be approved except upon the condition that the development connect to a regional potable water distribution and/or wastewater collection system when the system becomes available to service the development. 5. Right-of-Way Dedications. A site plan shall not be approved that does not provide for dedication of the necessary right-of-way as required in Section 7.05.02. 6. Projects Requiring Other Regulatory Approval. a. For developments requiring any permit from the United States Army Corps of Engineers, the Florida Department of Environmental Regulation, the Florida Department of Natural Resources,or any other state or federal regulatory authority,the Planning and Development Services Director shall not approve unconditionally a Minor Site Plan until it has received from such agency notice of either issuance of or intent to issue the required regulatory permit. b. The Planning and Development Services Director may approve a Minor Site Plan conditioned upon receiving notice of either issuance of or intent to issue any required regulatory permit if it-the Director can make, on a tentative basis and subject to confirmation, the findings required in Section 11.02.07(E). A site plan approval conditioned upon receiving notice of either issuance of or intent to issue any required regulatory permit shall not preclude the Board of County Commissioners, after reviewing the regulatory permit application and other information, from revoking such conditional site plan approval based solely upon an inability to confirm the findings required in Section 11.02.07(F) or from protesting the permit application. 7. Comprehensive Plan and Code. The Growth-Management Planning and Development Services Director may add any condition deemed necessary to ensure compliance with the provisions of this Code,the St.Lucie County Comprehensive Plan and the St.Lucie County Code and Compiled Laws. B. Major Site Plan Approvals. The Board of County Commissioners shall attach any reasonable condition, limitation,or requirement to a site plan approval as is necessary to effectuate the purposes of this Section and to carry out the spirit and purpose of this Code and the St. Lucie County Comprehensive Plan. Such conditions shall be set forth expressly in the Final Development Order approving the site plan and shall include the following: 1. Traffic Control Devices. Whenever, as the result of additional traffic generated by a proposed development, it is determined based on the Manual on Uniform Traffic Control Devices that there is a need for installation of traffic control devices (including traffic signals, signing, and pavement markings)to ensure safe traffic circulation onto and off of the site,the site plan shall not be approved except upon the condition that the applicant be responsible for installing all said devices and signs, or make an equitable contribution toward such installation. In the case of those developments accessing onto any portion of the State Highway System,concurring approval,in the form of a Notice of Intent or other authorized conceptual approval, from the Florida Department of Transportation Page 11 of 18 about any signals or other regulatory devices is required to be obtained before any Final Development Order is issued. 2. Access Improvements. A site plan shall not be approved except upon the condition that the applicant provide the access(ingress and egress)improvements determined to be necessary as a result of traffic generated by the development. 3. Water and Sewer Dry Line Improvements. If the proposed development is within a water or sewer utility's five(5)year service area,the developer shall construct and dedicate to the County, or at the County's discretion, the applicable service provider, dry water and sewer lines in accordance with standards and specifications of the County and the applicable service provider. 4. Connected to Regional Utility Systems. A site plan shall not be approved except upon the condition that the development connect to a regional potable water distribution and/or wastewater collection system when the system becomes available to service the development. 5. Right-of-Way Dedications. A site plan shall not be approved that does not provide for dedication of the necessary right-of-way as required in Section 7.05.02. 6. Projects Requiring Other Regulatory Approval. a. For developments requiring any permit from the United States Army Corps of Engineers,the Florida Department of Environmental Regulation, the Florida Department of Natural Resources, or any other state or federal regulatory authority, the Board of County Commissioners shall not approve unconditionally a site plan until it has received from such agency notice of either issuance of or intent to issue the required regulatory permit. b. The Board of County Commissioners may approve a site plan conditioned upon receiving notice of either issuance of or intent to issue any required regulatory permit if it can make, on a tentative basis and subject to confirmation, the findings required in Section 11.02.07(E). A site plan approval conditioned upon receiving notice of either issuance of or intent to issue any required regulatory permit shall not preclude the Board of County Commissioners, after reviewing the regulatory permit application and other information,• from revoking such conditional site plan approval based solely upon an inability to confirm the findings required in Section 11.02.07(F)or from protesting the permit application. 7. Reduction In Maximum Residential Density. The Board of County Commissioners shall require a reduction from the maximum density permitted in the zoning district in which a proposed development is to be located when such allowable maximum residential density: a. Would impose an excessive burden, as determined by recognized engineering or other professional standards,on public facilities that would serve the proposed development; or b. Would contravene any goal, objective,or policy of the St.Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August, 1982). 8. Comprehensive Plan and Code. The Board of County Commissioners may add any condition deemed necessary to ensure compliance with the provisions of this Code, the St. Lucie County Comprehensive Plan and the St.Lucie County Code and Compiled Laws. 11.02.09. Submittals for Minor and Major Site Plans. A. Minor and Major Site Plan Requirements. Site Plan submittals shall include the following materials: 1. General Information: a. The applicant's name and address. Page 12 of 18 b. The applicant's interest in the subject property. c. The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application. d. The street address and a legal description of the property. e. The present zoning classification and existing uses of the subject property proposed to be reclassified. f. Information on land areas adjacent to the proposed development and an indication of the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems,public facilities, and unique natural features of the land. g. A development schedule indicating the approximate date construction of the development or stages of the development can be expected to begin and be completed. h. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the development, such as land areas, dwelling units,and commercial facilities. i. A statement describing whether the project will utilize existing water and sewer facilities and if so a letter from the service provider stating capacity will be available for the project. 2. Existing Conditions: a. An aerial photograph of the property on which the development activity is to take place. The aerial photograph used to satisfy this requirement may be obtained from the St. Lucie County Property Appraiser. b. Detailed location sketch of the proposed development designating the section, township and range. c. A topographic survey of the entire project site, prepared in accordance with the current standards of Chapter 61G17-6 FAC.All topographic surveys shall be submitted on a sheet size twenty-four(24")by thirty-six(36")inches and shall be the same scale as the project site plan. All topographic surveys shall have been prepared within the 24 months prior to the application for site plan and reflect current property conditions. The topographic survey, which shall include, at a minimum: the project boundaries, a north arrow, a scale indicator, benchmark information(NGVD)and; 1. One (1) foot contours shall be shown and shall extend at least 50 feet around the project site, except that the Planning and Development Services Director may authorize partial relief from this standard when the following conditions exist: a. Existing grade conditions, throughout the site are such that one foot contours would not be discernable.In these instances,contours at two(2)foot intervals may be provided; and/or, b. Existing grade conditions, over the entire site, vary less then two feet above base elevation. 2. A sufficient number of spot elevations shall be shown to support the contour information and to accurately reflect the site topography. All-tepegFaphie-sufveys-shall-be-submitted-en a sheet size twenty four(21")by thirty six(36") inches and shall be the ale as the p ect site plan far site plan Lein..filed and shall efleet. e t p pert dit' Page 13 of 18 d. A boundary survey and legal description prepared in accordance with the current standards of Chapter 61G17-6 FAC. All boundary surveys shall be submitted on a sheet size twenty-four (24) inches by thirty-six (36) inches and shall be the same scale as the project site plan. All boundary surveys shall have been prepared within the 12 months prior to the application for site plan being filed and shall contain at a minimum the following information,as applicable: 1. location of the Coastal Construction Control Line,along with all necessary recording data, 2. The location of the Mean highwater,or safe upland line, along with a description of how these lines were determined, 3. The location of all submerged lands, 4. The limits and elevations of any jurisdictional wetlands,which shall contain bearing and distance information used in determining the extent of these areas, along with the identification of the agency or agencies claiming jurisdiction. 5. The location of all existing improvements. 6. Acreage certifications of all lands lying above mean high water or the safe upland line; and, 7. All boundary surveys are to be tied to a monumented section line or the nearest 1/4 section line,and shall be so noted on the boundary survey. e. Identification of legal positive outfall, if applicable. f. The boundaries of the one hundred (100)-year floodplain, including all sub-zones within the one hundred (100)-year floodplain and an identification of the minimum required first floor elevations for all parts of the proposed development site. g. Drainage basin or watershed boundaries identifying locations of the routes of off-site waters onto,through,or around the project. h. Available preliminary drainage information that is to be submitted to the South Florida Water Management District intended to serve as the basis for issuance of its permit under Chapter 62- 330 F.A.C., if applicable. i. An illustrative plan of the existing vegetative conditions on the project site, including an identification of what areas will be impacted by the proposed development activity and what areas are proposed for protection/preservation. All vegetative survey information shall be submitted on a sheet size twenty-four(24) inch by thirty-six (36) inch and shall be the same scale as the project site plan. 3. Proposed Development Activity and Design.All site detail sheets shall be submitted on a sheet size twenty-four(24)by thirty-six(36)inches and at a scale no smaller than one(1)inch equals fifty(50) feet, all dimensions in decimals, unless otherwise approved in writing by the Growth-Management Planning and Development Services Director during the pre-application conference. For large projects,a smaller scale generalized plot plan may be submitted as a cover sheet to the detail sheets. Detail sheets shall include the following information: a. The location of the property by lot number,block number,and street address, if any. b. The boundary lines of the property, the dimensions of the property, existing subdivision easements,roadways,rail lines,and public rights-of-way. c. The location and dimensions, including height, of all buildings and structures. This shall include types of uses, density per type of structure and the type of construction as indicated in Table 600 of the Standard Building Code, 1994 ed. Page 14 of 18 d. The identification of the maximum buildable area of each lot or parcel within the proposed development, based upon the minimum building setbacks of the particular zoning district in which the development is located. e. The location and dimension of parking and loading areas. Fire Lanes shall be required for all buildings that are set back more than one hundred and fifty (150) feet from any roadway(public or private) or any structure more than thirty feet(30) in height, which is setback fifty feet (50) or more feet from any roadway. Variations to this requirement may only be approved by the St. Lucie County - Fort Pierce Fire Bureau of Fire Prevention. All fire lanes shall be a minimum of twenty(20)feet in width and shall be located a minimum of ten(10)feet from any exterior building wall. All fire lanes shall be appropriately marked and shall be posted as no parking areas. Dead end fire lanes exceeding three hundred(300) feet or more shall be provided with a cul- de-sac,to the requirements of the St.Lucie County-Ft. Pierce Fire Prevention Bureau. f. The location of water disposal and water supply facilities. The site plan shall indicate the size and location of all water distribution lines, (existing and proposed) and shall identify the location of all fire hydrants (existing and proposed) on the proposed development site and within one thousand(1000)feet of the proposed development site. g. The locations of existing (site plans and subdivisions) and proposed (subdivision only) easements for utility systems, including sewage facilities and water supply facilities, electric, gas, and telephone lines. h. The location of all drainage retention areas and major drainage improvements. i. The location and configuration of all public and private roadways for a distance of one hundred fifty(150)feet from all project access points. j. The location of the existing and proposed circulation system of arterial and collector streets and any other transportation improvements. k. The location and size of all areas to be conveyed,dedicated or reserved as common open space, parks,recreational areas, school sites,rights of way and other public uses. 1. The pedestrian circulation system, including its interrelationship with the vehicular circulation system. m. Proposed landscaping,including the types, location,and quantity of all plants or materials,and the location of fences or screen plantings. n. The location, size,and arrangement of all existing or proposed signs or lighting. o. Boundaries depicting construction phases, if applicable. p. The approximate location and dimension of all proposed lots and all yard requirements, if applicable. q. The location and dimension all paved areas within one hundred (100) feet of the outside property boundaries. r. The location, dimension and type of construction of all buildings or structures within one hundred(100)feet of the outside property boundaries. s. A transportation impact report in accordance with the requirements of Section 11.02.09(A)(4), if applicable. Page 15 of 18 t. An environmental impact report in accordance with the requirements of Section 1 1.02.09(A)(5), if applicable. u. A location map, which shall delineate the project boundaries on the St. Lucie County Tax Assessment Maps. v. ^ driveway Location which shall show*The location of all existing and proposed driveways, public streets and private drives within six hundred and sixty (660) feet of the development, along any private or public street that will serve the project. w. Any other information deemed necessary by the Growth Management Planning and Development Services Director for the reasonable review of the proposed development. 4. Transportation Impact Report: a. Applicability: 1. Whenever submission of a site plan is required, a transportation impact study shall be provided for any project not categorized as having a de minimis impact, or any proposed development on North or South Hutchinson Island. 2. Project with de minimis impact: In order for a project to be classified as de minimis,the Planning and Development Services Director must determine whether the trips generated will consume more than one percent(1%)of the adopted level of service (LOS) capacity. No impact will be de minimis if the sum of existing roadway volumes and the trips generated from the project would exceed one hundred ten percent(110%)of the adopted level of service capacity of the affected road facility. A Traffic Statement, prepared with published and acceptable transportation impact data shall be provided,with appropriate distribution assumptions to provide for a de minimis impact determination. b. Contents. The transportation impact report shall demonstrate conformance with the latest version of the "STANDARDIZED TRANSPORTATION IMPACT STUDIES METHODOLOGY AND PROCEDURES,"as adopted by the St.Lucie County Transportation Planning Organization. 5. Environmental Impact Report: a. Applicability: 1. Whenever a submission of a site plan is required,an environmental impact report shall be provided if the proposed development meets any of the following: a. The property is ten(10)acres or over; b. The property,regardless of size,contains any wetland,or; c. The property is identified on the"Inventory of Native Ecosystems for St.Lucie County,"or; d. The proposed development is located in whole or part within the One Hundred (100)Year Flood Plain, or; e. The property is located anywhere on North or South Hutchinson Island. 2. The Environmental Resources Director may authorize total or partial relief from the requirement of an Environmental Impact Report(EIR).Documentation shall be provided by the applicant requesting relief from the EIR.The applicant shall demonstrate that based on conditions unique to the proposed development all of the information foregone by such relief is not needed to determine environmental impact of the proposed development. b. Contents. The environmental impact report shall contain the following information: Page 16 of 18 1. A vegetation and substrate survey including: a. Extent and acreage of any areas in which vegetation typical of the primary dune extends landward of the Coastal Construction Control Line. b. Extent and acreage of all marsh and mangrove forest areas,including substrate conditions. c. Extent and acreage of all upland hammock forests. d. Extent and acreage of wetlands. 2. The required first floor elevation,and whether all floor elevations will be above this level. 3. The identification of any area that has experienced overwash of the primary dune. 4. The identification of any area subject to breach during storm conditions. 5. An assessment of the impacts upon onsite vegetation and wildlife, and onsite and off-site natural resources; a description of the planned approach that will be used to minimize these impacts;a description of the proposed alterations or disturbances to any of the areas identified in response to Sections 11.02.09(A)(5Xb)(1)(c) and (d) above; and the mitigation that will be provided. 6. In addition to the requirements of Section 11.02.09(5)(b) above, the following information shall be required for development within the unincorporated areas of Hutchinson Island in St. Lucie County. a. A vegetation and landscape plan and written assessment which demonstrates consistency with the appropriate policies set out in this Code for all areas of the subject parcel of land, including a description of the techniques to protect the existing onsite native vegetation. Recommendations should be obtained from the St.Lucie County Soil and Water Conservation District or the St.Lucie County Urban Forester. b. A soil and water conservation plan and written assessment which outlines a system of best management practices to control soil erosion,reduce sediment loss, and protect the water quality on the subject parcel of land during all phases of development. These best management practices shall consider the impacts of onsite development activity on adjacent parcels of land, so as to avoid soil erosion, sediment loss, and degraded water quality on the adjacent parcels of land. Recommendations should be obtained from the St. Lucie County Soil and Water Conservation District. c. A plant and animal survey for onsite federal and state protected species as defined in Chapter II. A compiled list of these plants and animals shall be maintained by the Environmental Resources Director. Locations of all identified species shall be depicted on a map. d. A surface water management plan and written assessment which demonstrates consistency with the appropriate policies set out in this Code, including a description of the techniques to be used to prevent both the potential degradation of surface water resources and an increase in flood hazard damage. e. A shoreline stabilization plan and assessment which demonstrates consistency with the appropriate policies set out in this Code, including beach or dune restoration and maintenance or Indian River Lagoon shoreline stabilization to reduce or control erosion. Page 17 of 18 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. 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: Jamie Fowler, Chair AYE Larry Leet,Vice Chair AYE Commissioner James Clasby AYE Commissioner Erin Lowry AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 1st day of July,2025. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY,FLORIDA Y: Deputy lark GpWoo Chair 0 V IC APPROVED AS TO FORM AND • A � ?; omr CORRECT S: `Gc�F counri.F`'o� BY: County Attorn Page 18 of 18 FLORIDA DEPARTMENT 0 'STATE RON DESANTIS Governor July 18, 2025 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. 2025-14, which was filed in this office on July 17, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270