HomeMy WebLinkAboutAgenda Packet 04.20.2023
PLANNING & ZONING COMMISSION
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Thursday, April 20, 2023
6:00 PM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
CHAIRMAN
BOB LOWE
VICE-CHAIRMAN
VACANT
BOARD MEMBER
CRAIG MUNDT
BOARD MEMBER
VALERIE SLACK
BOARD MEMBER
CRAIG BRIDGERS
BOARD MEMBER
ED LOUNDS
AT-LARGE BOARD MEMBER
JAMES A. TAYLOR, III
BOARD MEMBER
WILLIAM O’DELL
AT-LARGE BOARD MEMBER
RYAN BINNER
EX-OFFICIO BOARD MEMBER
MARTY SANDERS
Mission Statement
St. Lucie Works to deliver superior service that enhances our quality of life
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Regular Meeting Thursday, April 20, 2023 6:00 PM
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WELCOME
• Please turn off all cellular phones and pagers prior to entering the Commission Chambers.
• Please note that the Planning and Zoning Commission/Local Planning Agency serves in an advisory capacity to the St. Lucie County
Board of County Commissioners and has the power to review and make recommendations to the Board, for approval or
disapproval, on any applications within their area of responsibility.
• The Planning and Zoning Commission strongly encourages your input and comment at the public hearing. Please limit comments
to three minutes if possible and be respectful of others’ opinions.
• For public convenience, all meetings are televised and are provided with wireless internet access.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the
Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of
the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn
in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon
request. Anyone with a disability requiring accommodation to attend this meeting should contact the Human Resources
Department at (772) 462-1546, HumanResources@stlucieco.org or TDD (772) 462-1428 at least forty-eight (48) hours prior to the
meeting.
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Regular Meeting Thursday, April 20, 2023 6:00 PM
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1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION
4. ROLL CALL
5. ANNOUNCEMENTS
6. DISCLOSURE(S)
7. MINUTES
A. St. Lucie County Planning & Zoning Commission minutes for the March 16, 2023 Meeting.
8. PUBLIC COMMENT
9. PUBLIC HEARINGS
A. Bumblebee Academy - Conditional Use Permit to allow tutoring services to elementary-aged within
the CN (Commercial Neighborhood) Zoning District at 6708 Gaddy Street, Fort Pierce, FL 34951, in
Lakewood Park.
B. County Initiated Land Development Code Text Amendment to update the Code provisions
pertaining to fences, walls, and hedges.
C. Comprehensive Plan Text Amendment: Lennar Homes proposal to amend the Towns, Villages &
Countryside (TVC) Element
D. Land Development Code (LDC) Text Amendment: Lennar Homes proposal to amend the Towns,
Villages & Countryside (TVC) Overlay
10. WORKSHOPS
11. OTHER BUSINESS
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Regular Meeting Thursday, April 20, 2023 6:00 PM
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12. ADJOURN
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PLANNING & ZONING COMMISSION
ST. LUCIE COUNTY, FLORIDA
Regular Meeting
March 16, 2023 Convened:
Adjourned:
1. CALL TO ORDER
The meeting was called to order at 6:00pm by Chair Lowe.
2. PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Chair Lowe.
3. INVOCATION
Invocation led by Billy O'Dell.
4. ROLL CALL
Present
Chair Bob Lowe, Board Member Billy O'Dell, Board Member Craig Mundt, Board Member Ed Lounds,
Board Member Ryan Binner, Board Member Valerie Slack
Excused
Board Member James Taylor, Board Member Craig Bridgers, Ex-Member Marty Sanders
5. ANNOUNCEMENTS
6. DISCLOSURE(S)
7. PUBLIC COMMENT
8. MINUTES
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Planning & Zoning Commission MeetingThursday, March 16, 2023 6:00 PM
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A. St. Lucie Planning & Zoning Minutes for the February 16, 2023 Meeting
RESULT: APPROVE
MOVER: Board Member Ed Lounds
SECONDER: Board Member Valerie Slack
AYES: Bob Lowe, Billy O'Dell, Craig Mundt, Ed Lounds, Ryan Binner, Valerie
Slack
NAYS: None
EXCUSED: Board Member James Taylor, Board Member Craig Bridgers, Ex-
Officio Marty Sanders
9. ELECTION OF OFFICIAL 2023
A. Election of the Planning & Zoning Commission Vice Chair
Mr. Mundt nominated Ed Lounds, Mr. O'Dell seconded.
Board elects Ed Lounds as Vice Chair of the Planning & Zoning Commission Board.
RESULT: APPOINT
MOVER: Board Member Craig Mundt
SECONDER: Board Member Billy O'Dell
AYES: Bob Lowe, Billy O'Dell, Craig Mundt, Ed Lounds, Ryan Binner, Valerie
Slack
NAYS: None
EXCUSED: Board Member James Taylor, Board Member Craig Bridgers, Ex-
Officio Marty Sanders
10. PUBLIC HEARINGS
A. Port St. Lucie Cardroom - Conditional Use Permit to allow the sale of alcoholic beverages, for on-
site consumption, within a cardroom at 6666 US Highway 1, Unit 2, Port St. Lucie, FL, within the CG
(Commercial, General) Zoning District, in St. Lucie County.
STAFF PRESENTATION
Tahir Curry, Planner made a presentation on behalf of the applicant for a Conditional Use
Permit to allow the sale of alcoholic beverages, for on-site consumption, within a cardroom at
6666 US Highway 1, Unit 2, Port St. Lucie, FL, within the CG (Commercial, General) Zoning
District, in St. Lucie County. In accordance with public notice requirements outlined in Section
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Planning & Zoning Commission MeetingThursday, March 16, 2023 6:00 PM
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11.00.03 of the St. Lucie County Land Development Code, public notice was advertised in the
St. Lucie County News Tribune on March 2, 2023, and 59 notices were mailed to surrounding
property owners within a 500-foot radius of the subject property, and a sign was posted on
the property. The Planning department received 1 response not in favor from the Treasure
Coast Sun Corporation. Mr. Curry presented a PowerPoint to cover the project location,
zoning map, and the proposed location.
STAFF RECOMMENDATION
This petition conforms to the standards of Review as set forth in St. Lucie County Land
Development Code Section 11.07.03 and is consistent with the St. Lucie County
Comprehensive Plan goals, objectives and policies. Staff recommends that this petition be
forwarded to the Board of County Commissioners with a recommendation of approval,
subject to the following conditions:
* The hours of operation shall comply with the Code of Ordinances of St. Lucie County and
State statutes, Chapter 561 (Beverage Law Administration).
* A Minor Adjustment to the Conditional Use is required for a change in business name
and/or ownership before a Zoning Compliance certificate is issued.
BOARD DISCUSSION
Mr. Mundt asked if the objector was a single family home. Mr. Curry stated it is a vacant lot.
Ms. Slack asked if there is a minimum distance requirement for arcades and entertainment
use? Mr. Curry stated, the code addresses schools, religious facilities and public parks, not
arcades. Ms. Slack asked about the floor plan space for preparing beverages. Mr. Curry stated
a server would bring the beverage to the person. Mr. Binner asked if the Card House was
going to allow patrons to bring in their own liquor. Mr Balcer stated that is not allowed and
liquor sales would end at 2:00 am.
PUBLIC COMMENT
Andrew Jonas, Principal of Card House 6666 US Highway 1 Suite 2A Port St. Lucie, FL
Applicant present to answer any questions.
Grace Vergis, Senior Relationship Manager at MPLD Consulting 528 Northwood Rd West
Palm Beach, FL 33407
Present on behalf of the client to answer any questions.
RESULT: APPROVE
MOVER: Vice-Chair Ed Lounds
SECONDER: Board Member Billy O'Dell
AYES: Bob Lowe, Billy O'Dell, Craig Mundt, Ed Lounds, Ryan Binner, Valerie
Slack
NAYS: None
EXCUSED: Board Member James Taylor, Board Member Craig Bridgers, Ex-
Officio Marty Sanders
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Planning & Zoning Commission MeetingThursday, March 16, 2023 6:00 PM
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11. WORKSHOPS
12. OTHER BUSINESS
A. St. Lucie County Resiliency Planning Presentation
STAFF PRESENTATION
Sandra Bogan, Resiliency Coordinator, and Amy Griffin, Environmental Resources Director for
St. Lucie County made a presentation.
BOARD DISCUSSION
Chair Lowe asked what the total amount of the three planning grants was St. Lucie County
received? Ms. Griffin stated $1,035,000 is the total of all 3. Mr. Mundt asked about
hurricanes being covered.Ms. Bogan stated data doesn't show an increase in hurricanes in St.
Lucie County. Mr. Mundt asked who writes the grants? Ms. Bogan stated the Environmental
Resources Department writes the grants. Ms. Slack asked about where residents can find
information about shelters. Ms. Griffin responded that shelter information is on the website
www.stlucieco.org and emergency operations have a link on the county page.
13. ADJOURN
Chair Lowe adjourned the meeting at 7:28 pm.
Page 8 of 197
ITEM NO. (ID # 2023-59535)
DATE: 4/20/2023
AGENDA REQUEST
TO: Planning and Zoning Commission
PRESENTED BY: Tahir Curry, Planner I
SUBMITTED BY: Planning & Development Services
SUBJECT: Bumblebee Academy - Conditional Use Permit to allow tutoring services to
elementary-aged within the CN (Commercial Neighborhood) Zoning District at 6708
Gaddy Street, Fort Pierce, FL 34951, in Lakewood Park.
BACKGROUND:
Bumblebee Academy is requesting a Conditional Use Permit to allow tutoring services to elementary-aged at
6708 Gaddy Street, Fort Pierce, FL 34951, in Lakewood Park, within the CN (Commercial Neighborhood) Zoning
District.
Tutoring Services were authorized as an eligible Conditional Use within the CN Zoning District by the Planning &
Development Services Director through a Use Determination in accordance with Land Development Code Section
3.01.02 (B). Bumblebee Academy currently holds a Conditional Use Permit to operate a daycare at the subject
site, with a maximum of 54 learners. The proposed tutoring services Conditional Use Permit is intended to
supplement the daycare services, maintaining this maximum 54 students capacity.
PREVIOUS ACTION:
On June 26, 1990, the Board of County Commissioners, through Resolution 90-175 granted a Conditional Use
Permit to allow a childcare facility on the subject parcel that, according to PDS records, operated until August
2013. The previous Conditional Use Permit expired due to the vacancy of the site for more than twelve (12)
months.
On September 9, 2018, the Board of County Commissioners approved a Conditional Use Permit through
Resolution 18-156 to allow a childcare facility for up to fifty-four (54) students known as The Little Light
Christian Academy. The previous owner, Sandra Yong-Duffy, sold the child daycare facility to Christina
Morales of Bumblebee Academy in 2022.
On May 20, 2022, the Planning & Development Services Director approved a Minor Adjustment to the Little
Light Christian Academy Conditional Use Permit through PDS Order 2022-017 for the ownership and name
change, to be known as Bumblebee Academy.
On October 17, 2022, the Planning & Development Services Director approved a Use Determination through
PDS Order 2022-041 to allow Tutoring Services (SIC Code 8299) as an eligible Conditional Use within the CN
(Commercial, Neighborhood) Zoning District for the site located at 6708 Gaddy Street, Fort Pierce, Florida.
Page 9 of 197
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Planning & Zoning Commission forward a recommendation of approval to the Board of
County Commissioners.
COMMISSION ACTION:
RESULT:
MOVER: None
SECONDER: None
AYES: None
NAYS: None
EXCUSED: None
Coordination/Signatures
Date: April 13, 2023
Benjamin Balcer, Planning & Development Services Director
Date: April 13, 2023
Mayte Santamaria, Deputy County Administrator
Date: April 14, 2023
Daniel McIntyre, County Attorney
Page 10 of 197
Planning and Development
Services Department
Planning Division
M E M O R A N D U M
Christina Morales, of Bumblebee Academy, is seeking a Conditional Use Permit in accordance with the Land
Development Code (LDC) Section 11.07.03, to allow tutoring service (SIC Code 8299) associated with an
existing daycare owned and operated by Bumblebee Academy, within the CN (Commercial, Neighborhood)
Zoning District at 6708 Gaddy Street, Fort Pierce, in the Lakewood Park Community.
GENERAL INFORMATION:
Property Owner:BESSIESHIP LLC
11 Sailfish RD
Vero Beach, FL 32960
Applicant:Christina Morales
Bumblebee Academy
6708 Gaddy Street
Fort Pierce, FL 34951
Location: 6708 Gaddy Street, Fort Pierce, FL 34951
Zoning District:CN (Commercial, Neighborhood)
Future Land Use(s):RU (Residential, Urban)
Parcel ID Number(s):1301-608-0215-000-3
Site Size:0.73-acres
Existing:3,252 sq. ft. & Fifty-four (54) Student Daycare Center
Proposed Use:Tutoring Services
Urban Service
Boundary (USB):Located inside the Urban Service Boundary (USB)
Fire/EMS:Station # 7, located at 4900 Fort Pierce Blvd is approximately 2.9 miles
southeast of the subject property.
TO:Planning and Zoning Commission
THROUGH:Benjamin Balcer, AICP, Planning & Development Services Director
Kori Benton, AICP, Planning Manager
FROM:Tahir Curry, Planner I
DATE:April 6, 2023
SUBJECT:Bumblebee Academy - Conditional Use (CU-2302-000051)
Page 11 of 197
Project Name: Bumblebee Academy
File No.: CU-2302-000051
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BACKGROUND:
The applicant, Christina Morales of Bumblebee Academy is requesting a Conditional Use Permit to offer
tutoring services to elementary-aged students from ages 6-11. The staff will provide learners with extra
attention and support to assist students to achieve their individual goals and foundational skills, including
transitioning into a traditional learning environment. The tutoring services will co-exist with the Bumblebee
Academy daycare, separated by individual classrooms within the building. The 0.73-acre parcel has a 3,252
square foot building supporting a fifty-four (54) student daycare center. The site is within the Lakewood Park
Community and is zoned CN (Commercial, Neighborhood), with an RU (Residential, Urban) Future Land Use
Designation. The property is located within the Urban Service Boundary (USB).
PROPOSED OPERATION SNAPSHOT:
DAYS/HOURS OF OPERATION:
Monday – Friday
•Regular schedule: 8:30am-3:15pm
•Arrival window: 8:05am-8:30am
•Dismissal window: 3:15pm-3:35pm
•Morning care will be offered to start at 7:30 am
•Aftercare will be offered until 6:00 pm
PROPOSED NUMBER OF EMPLOYEES/LEARNERS:
• Five classrooms with 8-10 learners per classroom (Maximum capacity of 54 learners total).
• The learner-to-staff ratio will be typically 10:1. Daycare ages 2-5: Tutor students ages 6-11.
• Five (5) to seven (7) part-time and full-time employees.
ADDITIONAL INFORMATION:
•Food will not be prepared on-site as part of the tutoring services.
•No bus service will operate. Parents will drop off and pick up students in the formation of a car line in
the front of the building.
On April 11, 2023, Christina Morales of Bumblebee Academy held a community meeting at 6708 Gaddy
Street, Fort Pierce, FL. Mailout letters were sent out to property owners within 500 feet of the subject site for
advertisement of the community meeting. County staff and Bumblebee Academy staff were present to address
any questions at the community meeting. There was no one in attendance.
Site History
•On June 26, 1990, the Board of County Commissioners, through Resolution 90-175 granted a Conditional
Use Permit to allow a childcare facility on the subject parcel that, according to PDS records, operated until
August 2013. The previous Conditional Use Permit expired due to the vacancy of the site for more than
twelve (12) months.
•On September 09, 2018, the Board of County Commissioners approved a Conditional Use Permit through
Resolution 18-156 to allow a childcare facility, known as the Little Light Christian Academy, for up to
fifty-four (54) students. Site improvements, including access, parking, landscaping and interior
renovations, were completed. The owner, Sandra Yong-Duffy, sold the child daycare facility to Christina
Morales of Bumblebee Academy in 2022.
•On May 20, 2022, the Planning & Development Services Director approved a Minor Adjustment to the
Little Light Christian Academy Conditional Use Permit through PDS Order 2022-017 for an ownership
and name change to the existing child daycare, to be known as Bumblebee Academy.
•On October 17, 2022, the Planning & Development Services Director approved a Use Determination
through PDS Order 2022-041 to allow Tutoring Services (SIC Code 8299) as an eligible Conditional Use
Page 12 of 197
Project Name: Bumblebee Academy
File No.: CU-2302-000051
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within the CN (Commercial, Neighborhood) Zoning District for the site located at 6708 Gaddy Street, Fort
Pierce, Florida.
Aerial Map
***********************************************************************************
STANDARDS FOR CONDITIONAL USE REVIEW
AS SET FORTH IN SECTION 11.07.03 OF THE
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
The St. Lucie County Land Development Code (LDC) Section 11.07.03 establishes the Standards for Review
for Conditional Use Permits. In reviewing an application for a Conditional Use Permit, the Planning and
Zoning Commission shall consider the following:
A. Consistency with Local Ordinances and Comprehensive Plan
The Development Review Committee has reviewed the proposed Conditional Use, finding it to be consistent
with the general purpose and standards of the St. Lucie County Land Development Code (LDC) and the
Comprehensive Plan Goals, Objectives and Policies.
Land Development Code:
Pursuant to LDC Section 3.01.03.Q, tutoring services are not identified within the CN (Commercial,
Neighborhood) Zoning District; however, a Use Determination, approved by the Planning & Development
Services Director under PDS Order 2022-041, provides for tutoring services as an eligible Conditional Use,
Fort Pierce
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Page 13 of 197
Project Name: Bumblebee Academy
File No.: CU-2302-000051
4
specific to the subject property. Land Development Code Section 3.01.02 provides the PDS Director with the
authority to grant a Use Determination, identifying whether the proposed use is compatible with the
surrounding area or other determinations of impacts on nearby residences, uses, or districts.
The site has five (5) classrooms, serving 8-10 learners per classroom with a maximum capacity of 54 learners
total, aligning with the active Conditional Use approval via Resolution No. 18-156. The site has ten (10) typical
and one (1) handicap parking spaces, meeting the parking requirement for both the daycare and tutoring
services use per the Institute of Traffic Engineers (ITE) 5th Edition Parking Generation.
Exhibit 1, below highlights the existing building, parking area, and playground location on the site plan.
Current Zoning:
The subject property is within the CN, Commercial Neighborhood Zoning District (Section 3.01.03 Q). The
purpose of this district “is to provide and protect an environment suitable for limited retail trade and service
activities covering a relatively small area and that is intended to serve the population living in surrounding
neighborhoods.”
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Project Name: Bumblebee Academy
File No.: CU-2302-000051
5
Comprehensive Plan:
Future Land Use:
The Future Land Use designation of the subject property is RU Residential Urban. “The Residential Urban
(RU) classification is the predominant residential land use category in the County. This residential land use
category provides for a maximum density of five (5) dwelling units per gross acre. The RU designation is
generally found between the identified urban service areas and the transitional RS areas. These properties
need to be serviced with central water and wastewater services. These services may be provided by either a
public utility or through private on-site facilities, as would be permitted in accordance with all applicable
regulations. New development in the RU areas can occur using traditional single-family or multifamily zoning
designations or through the planned unit development process.”
Limited nonresidential uses may be appropriate, in accordance with applicable standards and restrictions as
set forth in the Land Development Code.
Objective 1.1.9: Residential Areas. Property owners' investments, their quality of life and the single-
family neighborhood, as a defined residential area, shall be protected from the encroachment of
commercial and/or other inappropriate land uses through consistent and predictable application of
the Land Development Code.
Objective 1.1.13: Economic Sustainability. To enhance the quality of life of St. Lucie County and
promote a sound and resilient local economy, St. Lucie County shall continue to work with the
interested groups and agencies to increase and broaden the County's economic base while expanding
existing business and industrial opportunities.
Objective 1.1.18: Educational Facilities. Coordinate with the St. Lucie County School Board, charter
schools, private schools and other educational institutions to locate future educational facilities in a
manner which provides for their needs without undue negative impact on the proposed school,
surrounding land uses, or public facilities.
The proposed Conditional Use complies with requirements, and is consistent with the general purpose, goals,
objectives, and standards, of the St. Lucie County Land Development Code, Code of Ordinances, and the
Comprehensive Plan.
B. Effect on Nearby Properties
The proposed Conditional Use is not anticipated to have adverse impacts upon adjacent or nearby properties.
The proposed use will not impact adjacent uses or properties by odor, dust, vibration, excess light, or
stormwater runoff. The building has been consistent with daycare services and will not impact the area more
than what currently exists. Tutoring services will be an additional educational component for elementary-aged
students and will not exceed the capacity of fifty-four (54) students for both services offered. Tutoring services
are similar in scale to the existing use and should not adversely impact property values in the area. The site is
in the urban service area, with existing public facilities (such as an elementary school, library, and fire station)
within approximately 2.5 miles, with parks and single-family residences near the parcel.
The proposed Conditional Use will not interfere with the development and use of neighboring property, in
accordance with applicable district regulations.
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Project Name: Bumblebee Academy
File No.: CU-2302-000051
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Adjacent Zoning & Future Land Uses:
C. Adequacy of Public Facilities
The proposed use is not expected to create additional demands, over the current or eligible commerical uses,
with public facilities anticipated to operate within the adopted Level of Service (LOS) Standards.
Water/Wastewater:
The site is in the St. Lucie County service area. Water is provided by well, with wastewater services provided
by on-site septic and electric is provided by FP&L. Water services are anticipated by St. Lucie County Utilities
in the future. The proposed tutoring service is not anticipated to cause any additional water or wastewater needs
on the site.
Transportation:
The proposed conditional use is not anticipated to adversely impact transportation capacity on the adjacent
streets. The site currently functions as a daycare facility that serves up to fifty-four (54) children. The facility
will remain in its configuration without additional site improvements at this time. No additional traffic is
anticipated, as the Bumblebee Academy will operate on a scale similar to the existing use. The site will be
limited to no more than fifty-four (54) students for both operations, with 10-12 students projected to be served
by the tutoring services.
Parking:
The existing site currently has ten (10) typical parking spaces and one (1) handicap parking space. The
proposed use will not require additional parking spaces for the site.
Law Enforcement:
Lakewood Park is located within the unincorporated county and served by the St. Lucie County Sheriff’s
Office.
D. Adequacy of Fire Protection
The St. Lucie County Fire District has reviewed the application as a contributor of the Development Review
Committee (DRC) and did not have any comments for the proposal. The nearest Fire Station (Lakewood Park
Station #7) is located at 4900 Fort Pierce Blvd approximately 2.9 miles southeast of the subject property.
E. Environmental Impact
Background
The Environmental Resources Department (ERD) is in receipt of the February 21, 2023, date-stamped submittal
transmitted on March 8, 2023, with comments due April 7, 2023, from Planning and Development Services.
The applicant is requesting approval of a Conditional Use Permit to allow for the operation of a
Location Zoning District Future Land Use Existing Land
Use
Subject Property RU (Residential, Urban)CN (Commercial Neighborhood)Child Daycare
Services
North RU (Residential, Urban)CN (Commercial Neighborhood)Vacant
South RU (Residential, Urban)RS - 4 (Single-family Residential,
4 du/ac)
Vacant
East RU (Residential, Urban)CN (Commercial Neighborhood)Vacant
Adjacent
Parcels
West RU (Residential, Urban)CN (Commercial Neighborhood)Vacant
Page 16 of 197
Project Name: Bumblebee Academy
File No.: CU-2302-000051
7
daycare/preschool facility within the Commercial Neighborhood (CN) zoning district. The project site is
located at 6708 Gaddy Street within Lakewood Park in Fort Pierce.
Findings
No changes to the site have been made since the enhancements correlating to the 2018 conditional use approval.
No intact native habitat exists onsite. A previously approved landscape plan designed by William A. Flint, III,
dated July 30, 2018, was reviewed and found to be consistent with Land Development Code 7.09.00. ERD does
not anticipate any adverse environmental impacts associated with the conditional use as no changes are
proposed as part of this application. If site development activities are proposed in the future, ERD will conduct
further review through the site plan or building permit review process.
Recommendation
ERD has no objections to the approval of the conditional use application.
STAFF RECOMMENDATION:
Staff has determined the Conditional Use Permit to meet the standards for review outlined in LDC Section
11.07.03, and is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan, therefore, staff
recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of
County Commissioners with the following conditions:
1. The daycare and tutoring service uses shall not exceed a student capacity of 54 learners in total, consistent
with Resolution 18-156.
Page 17 of 197
Resolution No. 2023-XXX
Page 1 File No. CU-2302-000051
RESOLUTION NO. 2023-XXX
File No.: CU-2302-000051
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, GRANTING A CONDITIONAL USE PERMIT TO
ALLOW TUTORING SERVICES TO ELEMENTARY-AGED STUDENTS
WITHIN THE CN (COMMERCIAL NEIGHBORHOOD) ZONING DISTRICT
FOR A PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. Bumblebee Academy presented a petition for a Conditional Use Permit to allow tutoring
service (SIC Code 8299) associated with an existing daycare owned and operated by
Bumblebee Academy, within the CN (Commercial, Neighborhood) Zoning District for the
property located at 6708 Gaddy Street, Fort Pierce, as legally described in Paragraph “B”
and depicted on the attached map as Exhibit “A”.
2. On June 26, 1990, the Board of County Commissioners, through Resolution 90-175
granted a Conditional Use Permit to allow a child care facility on the subject parcel that,
according to PDS records, operated until August, 2013. The previous Conditional Use
Permit expired due to the vacancy of the site for more than twelve (12) months.
3. On September 9, 2018, the Board of County Commissioners approved a Conditional Use
Permit through Resolution 18-156 to allow a childcare facility for up to fifty-four (54)
students. Site improvements, including access, parking, landscaping and interior
renovations, were completed. The owner, Sandra Yong-Duffy, sold the child daycare
facility to Christina Morales of Bumblebee Academy in 2022.
4. On May 20, 2022, the Planning & Development Services Director approved a Minor
Adjustment to the Little Light Christian Academy Conditional Use Permit through PDS
Order 2022-017 for an ownership and name change to the existing child daycare, to be
known as Bumblebee Academy.
5. On October 17, 2022, the Planning & Development Services Director approved a Use
Determination through PDS Order 2022-041 to allow Tutoring Services (SIC Code 8299)
as a Conditional Use within the CN (Commercial, Neighborhood) Zoning District for the
site located at 6708 Gaddy Street, Fort Pierce, Florida.
6. On April 20, 2023, the St. Lucie County Planning and Zoning Commission held a public
hearing on the petition after publishing notice in the St. Lucie News Tribune at least 10
days prior to the hearing, installing a sign on the property and notifying by mail all owners
Page 18 of 197
Resolution No. 2023-XXX
Page 2 File No. CU-2302-000051
of property within five hundred (500) feet of the subject property, and recommended that
the Board of County Commissioners approve/deny request for a Conditional Use Permit.
7. On _____________, 2023, the Board of County Commissioners held a public hearing on
the petition, after publishing notice in the St. Lucie News Tribune at least 10 days prior to
the hearing, installing a sign on the property and notifying by mail all owners of property
within 500 feet of the subject property, at which all interested persons were given an
opportunity to be heard.
8. The proposed Conditional Use will not have an undue adverse effect on adjacent property,
the character of the neighborhood, traffic conditions, parking, utility facilities, or other
matters affecting the public health, safety, and general welfare.
9. The proposed Conditional Use will be serviced by adequate public facilities and services.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
Conditional Use Permit for Bumblebee Academy, that tutoring service (SIC Code 8299)
associated with an existing daycare at 6708 Gaddy Street, Fort Pierce, in the
CN (Commercial, Neighborhood) Zoning District is hereby approved. For the property
described below, subject to the following conditions:
1. The daycare and tutoring service uses shall not exceed a student capacity of 54
learners in total, consistent with Resolution 18-156.
B. The subject property is described as follows:
Legal Description:
LOTS 6, 7 AND 8, BLOCK 96 OF LAKEWOOD PARK, UNIT NO. 8, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 19, OF THE PUBLI C
RECORDS OF ST. LUCIE COUNTY, FLORIDA.
PARCEL ID: 1301-608-0215-000-3
ADDRESS: 6708 Gaddy Street, Fort Pierce, FL 34951
C. The approvals and authorizations granted by this Resolution are for the purpose of
obtaining a Building Permit or Zoning Compliance from St. Lucie County, and are not
assigned to any other party or institution. Should the petitioners choose or decide to assign
this business to another entity or individual, a minor adjustment to the Conditional Use
Permit shall be required.
Page 19 of 197
Resolution No. 2023-XXX
Page 3 File No. CU-2302-000051
D. Pursuant to Section 11.07.05(I) of the St. Lucie County Land Development Code,
approvals and authorizations granted by this Resolution shall expire after twelve (12)
months from the date of approval, unless a Certificate of Zoning Compliance is obtained
for the uses described in Paragraph “A” above, or an extension has been granted in
accordance with Section 11.07.05(F).
E. The St. Lucie County Planning and Development Services Director is hereby authorized
and directed to cause the notation of this resolution to be made on the Official Zoning Map
of St. Lucie County, Florida, and to make notation of reference to the date of adoption of
this resolution.
F. A copy of this Resolution shall be mailed to the owner and agent of record as identified on
the application.
G. This Resolution shall be recorded in the Public Records.
After motion and second, the vote on this resolution was as follows:
Cathy Townsend, Chair XXX
Linda Bartz, Vice-chair XXX
Larry Leet, Commissioner XXX
Jamie Fowler, Commissioner XXX
Chris Dzadovsky, Commissioner XXX
PASSED AND DULY ADOPTED This XX day of 2023.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY _________________________
Chair
ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
__________________________ _________________________
Deputy Clerk County Attorney
Page 20 of 197
Resolution No. 2023-XXX
Page 4 File No. CU-2302-000051
Exhibit “A”
(Location Map)
Page 21 of 197
Page 22 of 197
Page 23 of 197
Page 24 of 197
Page 25 of 197
ST. LUCIE COUNTY
Planning & Development Services Department
Planning Division
2300 Virginia Avenue, Ft. Pierce, FL 34982
Office: 772-462-2822 –Fax: 772-462-1581
stlucieco.JRY/SODQQLQJGLYLVLRQ
DEVELOPMENT APPLICATION
6XEPLVVLRQHPDLO
SODQQLQJDSSOLFDWLRQ#VWOXFLHFRRUJ
A pre-application conference is recommended prior to main application submittal.
Please contact the Planning Division to schedule an appointment.
Submittal Type [check each that applies]
Site Plan
□Major Site Plan
□Minor Site Plan
□Major Adjustment to Major Site Plan
□Major Adjustment to Minor Site Plan
□Major Adjustment to PUD/PNRD/PMUD
□Minor Adjustment to Major Site Plan
□Minor Adjustment to Minor Site Plan
□Minor Adjustment to PUD/PNRD/PMUD
Planned Development
□Planned Town or Village (PTV)
□Planned Country Subdivision (PCS)
□Planned Retail Workplace (PRW)
□Prelim. Planned Unit Develop. (PUD)
□Prelim. Planned Mixed Use Develop. (PMUD)
□Prelim. Planned Non-Res. Develop. (PNRD)
□Final Planned Unit Develop. (PUD)
□Final Planned Mixed Use Develop. (PMUD)
□Final Planned Non-Res. Develop. (PNRD)
Conditional Use 1
□Conditional Use
□Major Adjustment to a Conditional Use
□Minor Adjustment to a Conditional Use
Variance 2
□Administrative Variance
□Variance
□Variance to Coastal Setback Line
Rezoning 3
□Rezoning (straight rezoning)
□Rezoning (includes PUD/PNRD/PMUD)
□Rezoning with Plan Amendment
Comprehensive Plan Amendment 4
□Future Land Use Map Change
□Comprehensive Plan Text Amendment
Other
□Administrative Relief
□Class A Mobile Home 5
□Developer Agreement (Submit per LDC
11.08.03)
□Power Generation Plants
□Extension to Development Order
□Historical Designation/Change 6
□Land Development Code Text Amendment 7
□Plat
□Post Development Order Change
8□Re-Submittal #
□Shoreline Variance
□Stewardships –Sending/Receiving
□Telecom Tower (Submit per LDC 7.10.23)
□Transfer of Development Rights
□Waiver to LDC/Comp. Plan Requirements 9
□Appeal of Decision by Administrative Official10
□Eminent Domain Waiver11
1. Conditional Use
2. Variance
3. Rezoning / Zoning Atlas Amend.
4. Comp. Plan Amendments
5. Class A Mobile Home
Application Supplement Packages
6. Historical Designation/Change 10. Appeal of Decision by
7. LDC Text Amendment Administrative Official
8.Re- Submittal 11. Eminent Domain Waiver
9. Waiver to LDC/Comp. Plan
Requirements
Refer to Fee Schedule for applicable fees.
All required materials must be included at the time of submittal along with the
appropriate non-refundable fee(s).
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Page 26 of 197
Page 27 of 197
Submittal Requirements
The following checklist is provided as a reminder.
Please see applicable code sections for more detailed submittal requirements.
All Submittals MUST be in complete folded and collated sets.
All applications must include the following:
□Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11
copies)
□Aerial Photograph – property outlined (available from Property Appraiser’s office
□Property Deed
□Legal description, in MS Word format, of subject property *
□Property Tax Map – property outlined (electronic copy not required)
□Survey (24x36)
□2 86%
V of all documents submitted LQOLHXRIHPDLOVXEPLVVLRQWR SODQQLQJDSSOLFDWLRQ#VWOXFLHFRRUJ -
□with files named according to the Required Naming List. (attached)
□Concurrency Deferral Affidavit; or
□Description and analysis of the impact of the development on public facilities in accordance with the
methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation
Assessment or a full Traffic Impact Report, if applicable.Site Plan and Planned Development Applications must also include:
□Site Plan 24”x36” at a scale of 1”=50’ (copies- folded, not rolled)
□Boundary Survey (24x36) – Signed and Sealed ( originals)
□Topographic Survey (24x36) – Signed and Sealed (originals)
□Landscape Plan – Signed and Sealed (originals)
□Traffic Impact Report (TIR) (4 copies) if:
o 50+ residential units
o Development on N. or S. Hutchinson Island
o Non-residential (see LDC Section 11.02.09(4))
□Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5))
o The property is ten acres or greater
o The property, regardless of size, contains a wetland;
o The property is identified on the “Native Habitat Inventory for SLC”;
o The proposed development is located in whole, or part, within the One Hundred Year Flood
Plain;
o Development on N. or S. Hutchinson Island
Development Order Extension Applications only require the following:
□Letter of justification –submitted at least 2 weeks prior to expiration. (LDC 11.02.06)
□Updated Traffic Analysis if applicable (4 copies)
□Approved Resolution or GM Order
Final Plats only require 2 86%V (follow specifications above) &copies of the following:
□Main Application and back up material
□Approved Site Plan and copy of approved Development Order
□Plat - Include extra copies of Plat for applicable conditions of approval (3 Original Mylars Needed for
Recording)
*Please note:Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal
description provided on the property appraiser’s website is not valid for our purposes. The legal description
you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any
hearing(s).
3DJHRI
5HYLVHG6HSWHPEHU
Page 28 of 197
Project Information
Project Name:
Site address:
Parcel ID Number(s):
Legal Description: (Attach additional sheets if necessary –also must be provided in MS Word format on 86%)
Property location –Section/Township/Range:
Property size –acres: Square footage:
Future Land Use Designation:
Zoning District:
Description of project: (Attach additional sheets if necessary)
Type of construction (check all applicable boxes):
Commercial Total Square Footage: Existing
Industrial Total Square Footage: Existing
Residential
Existing
No. of residential units:
No. of subdivided lots: Existing
Proposed:
Proposed:
Proposed:
Proposed:
Other Please specify:
Number and size of out parcels (if applicable):
3DJHRI
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Bumblebee Academy
6708 Gaddy Street, Ft. Pierce, FL 34951
1301-608-0215-000-3
LOTS 6, 7 AND 8, BLOCK 96 OF LAKEWOOD PARK, UNIT NO. 8, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 19, OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA.
S02 T34S R39E
0.72 31,759
RU
CN
The project site was granted conditional use permits to allow a daycare/pre-school facility in 1990 and
2018. Those conditional use permits expired due to change in ownership. Since the most recent
conditional use permit has expired, we are seeking a new conditional use permit to operate a
daycare/pre-school facility at the site. No changes to the site have been made since the conditional
use approval that was granted in 2018 and no changes are proposed as part of this application.
3,217
Page 29 of 197
Required Document Naming List
* All electronically submitted documents must be formatted and named according to the list
below. If your submittal includes a document not on the list, the document name shall clearly
reflect the content of the submitted document. *
Document
Document
Format Required Name on 86%
Aerial Photograph PDF Aerial.pdf
Application PDF Application.pdf
Approval Order PDF ApprovalOrder.pdf
Architectural Elevations PDF ArchElev.pdf
Boundary / Topographic Survey PDF BoundaryTopo.pdf
Drainage / Stormwater Plan PDF DrainagePln.pdf
Easements PDF Easements.pdf
Environmental Impact Report PDF or Word EIR.pdf or EIR.doc
Existing Condition Plan PDF ExistingCond.pdf
Flood Plain PDF or Word Flood.pdf or Flood. Doc
Landscape Plan PDF Landscape.pdf
Legal Description Word Legal.doc
Lighting Plan PDF Lighting.pdf
Mitigation Plan PDF Mitigation.pdf
Mobile Home Plans PDF or Word MobileHome.pdf or MobileHome.doc
Paving Plan PDF Paving.pdf
Permit (External) PDF Permit.pdf
Plat PDF Plat.pdf or Plat.doc
Property Deed PDF Deed.pdf
Site Plan PDF SitePlan.pdf
Traffic Impact Report PDF or Word TIR.pdf or TIR.doc
Tree Survey PDF Tree.pdf
Turtle Protection PDF or Word Turtle.pdf or Turtle.doc
Utility Plan PDF Utiliity.pdf
Vegetation Removal Application PDF Vegetation.pdf
3DJHRI
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Page 30 of 197
134.16'
S 39° 39' 25" W
148.35'N 89° 45' 00" W
1
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(55' R/W) 20' ASPHALT
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(80' R/W) 21' ASPHALT
LOT 7
EXISTINGSHED
EX. 1-STORY
CBS BLDG.
3,217 S.F. G.F.A.
F.F.E. = 21.90
N.A.V.D. 1988
EX.DRAINFIELDAREA
40.28'
19.51'
31.22'
2.56'
EX. DECK
EX. PLAY GROUNDEQUIPMENT
EX. WELL
EX. 5'H CLF
EX. 5'H CLF
EX. 5'H CLF
EX
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EX. 4'H CLF
R489.97' Δ= 12°16'36" a104.98'
EX. CONC.
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8
10'
LOT 3 BLOCK 96ZONING:CN - COMMERIAL NEIGHBORHOODFUTURE LAND USE:RU- RESIDENTIAL URBANCURRENT USE:VACANT
LOT 4 BLOCK 96ZONING:CN - COMMERIAL NEIGHBORHOODFUTURE LAND USE:RU- RESIDENTIAL URBANCURRENT USE:VACANT
LOT 5 BLOCK 96ZONING:CN - COMMERIAL NEIGHBORHOODFUTURE LAND USE:RU- RESIDENTIAL URBANCURRENT USE:VACANT
LOT 9 BLOCK 96ZONING:CN - COMMERIAL NEIGHBORHOODFUTURE LAND USE:RU- RESIDENTIAL URBANCURRENT USE:VACANT
24"
24"
24"
12"
14"
24"
28"24"
10"
10"
12"
14"10"
12"
12"
12"
12"
12"
12"
12"
12"
12"
12"
12"
12"
12"
12"
14"
16"
14"
14"
12"
LOT 8
37.63'
EX. 5'H CLF
LOT 6
LOT 1 BLOCK 97ZONING:CN - COMMERIAL NEIGHBORHOODFUTURE LAND USE:RU- RESIDENTIAL URBANCURRENT USE:VACANT
LOT 1 BLOCK 95ZONING:CN - COMMERIAL NEIGHBORHOODFUTURE LAND USE:RU- RESIDENTIAL URBANCURRENT USE:VACANT
LOT 20 BLOCK 95ZONING:CN - COMMERIAL NEIGHBORHOODFUTURE LAND USE:RU- RESIDENTIAL URBANCURRENT USE:VACANT
PROP.PAVT.
PROP.PAVT.
19.63'
3
LOT 2 BLOCK 96ZONING:CN - COMMERIAL NEIGHBORHOODFUTURE LAND USE:RU- RESIDENTIAL URBANCURRENT USE:SINGLE FAMILY RESIDENCE
10.5'x30'LOADINGSPACE
R15'
35.12'
43.23'
63 .5 2 '
20'10'
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17.76'
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EX. 24" STOP BAR
STOP SIGN
DO NOT ENTER SIGN
5
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EX. 10'UTILITYEASEMENT(TYP.)
EX. 18" CMPEX. C.B.E INV. EL. 17.72W INV. EL. 17.72
EX. INV.EL. 18.10
EX. 18" CMP
R 2 5'
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TRAFFIC PAINT (TYP.)
TYPICAL PARKING STALL
6"
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NOTES:
1. HANDICAP STALL IS BASED FROM FDOT STANDARD INDEX
#17346, SHEET 12 OF 14.
2. DIMENSIONS ARE TO THE CENTERLINE OF MARKINGS.
3. BLUE PAVEMENT MARKINGS SHALL BE TINTED TO MATCH
SHADE 15180 OF FEDERAL STANDARDS 595a.
4. FTP-22-06 PANEL SHALL BE MOUNTED BELOW THE FTP-21-06
SIGN.
5. FOR DESIGN OF THE UNIVERSAL SYMBOL OF ACCESSIBILITY,
REFERENCE FDOT STANDARD INDEX #17346, SHEET 12 OF 14.
6. FOR DESIGN OF THE ASSOCIATED SIGNS, REFERENCE FDOT
STANDARD INDEX #17355, SHEET 4 OF 11.
4" WHITE
12'
SIGN NO. FTP-21-06
AND FTP-22-06
(3) 6"
WHITE
CHEVERONSEVENLY
SPACED
HANDICAP SPACE DETAIL
N.T.S.
PARKING BY
DISABLEDPERMIT
ONLY
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FTP-22-06 BOT
FTP-21-06 TOP
$250 FINE
F.S. 318.18
2' OVERHANG
(TYP.)
2'
16
'
BEFORE YOU DIGCALL TWO (2) BUSINESS DAYSWAIT FOR THE SITE TO BE MARKEDRESPECT THE MARKSDIG SAFELY
LOCATION MAP
N.T.S.
SITE DATA:
SITE AREA 32,119 S.F. 0.737 AC 100.00%
IMPERVIOUS AREA
EX. BUILDING 3,217 S.F. 0.074 AC 10.01%
EX. PAVEMENT / WALKS 6,102 S.F.0.140 AC 19.00%
TOTAL IMPERVIOUS 9,319 S.F. 0.214 AC 29.01%
TOTAL PERVIOUS (OPEN) 22,800 S.F. 0.515 AC 70.99%
OWNER:
BESSIESHIP LLC
11 SAILFISH ROAD
VERO BEACH, FLORIDA 32960
PARCEL IDENTIFICATION NUMBER:
1301-608-0215-000-3
PROPERTY CLASSIFICATIONS:
ZONING : CN - COMMERCIAL, NEIGHBORHOOD
FUTURE LAND USE: RU - RESIDENTIAL URBAN
BUILDING SETBACKS:
MINIMUM EXISTING
FRONT : 25 FEET 36.54 FEET
REAR: 20 FEET 42.23 FEET
SIDE: 10 FEET 19.51 FEET
PROP. BUILDING DATA:
EXISTING BUILDING = 3,217 S.F.
EXISTING BUILDING HEIGHT - ONE STORY = 15 FEET
PARKING CALCULATIONS:
INSTITUTE OF TRANSPORTATION ENGINEERS (ITE) 4TH EDITION - LAND USE 565
2.45 PARKING SPACES PER 1,000 S.F. FLOOR AREA
3,217 S.F * 2.45 SPACES / 1,000 S.F. = 9 SPACES
SPACES REQUIRED = 9 SPACES (1 HANDICAP, 8 REGULAR)
SPACED PROVIDED = 11 SPACES (1 HANDICAP, 10
REGULAR)
UTILITY PROVIDERS:
POTABLE WATER = EXISTING WELL
WASTEWATER = EXISTING SEPTIC AND DRAINFIELD
IRRIGATION = EXISTING WELL
NOTE: THERE ARE NO FIRE HYDRANTS WITHIN 1,000 FEET OF THE PROJECT LOCATION
PERMITS REQUIRED:
SLC CONDITIONAL USE PERMIT
CONSTRUCTION SCHEDULE:
CONSTRUCTION START: N/A
CONSTRUCTION COMPLETION: N/A
LEGAL DESCRIPTION:
LOTS 6, 7 AND 8, BLOCK 96 OF LAKEWOOD PARK, UNIT NO. 8, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 19, OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA.
LEGEND
EXISTING EDGE OF
PAVEMENT
EXISTING WATER MAIN
EXISTING FORCE MAIN
WM
2 NUMBER OF EXISTING
PARKING SPACES
HANDICAP STALL
EXISTING PAVEMENT
TRAFFIC STATEMENT:
THE INSTITUTE OF TRANSPORTATION ENGINEERS TRIP GENERATION, 11TH EDITION
CATEGORY: DAY CARE CENTER (565)
AVERAGE RATES UTILIZED AVERAGE RATE PROJECT S.F.TRIPS
WEEKDAY DAILY TRIPS: 47.62 / 1,000 S.F. 3,217 154
P.M. PEAK HOUR TRIPS: 11.12 / 1,000 S.F. 3,217 36
A.M. PEAK HOUR TRIPS: 11.00 / 1,000 S.F. 3,217 36
EXISTING OAK TREE
EXISTING SABAL PALM
EXISTING PINE TREE
SITE
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DRAINAGE STATEMENT:
THE PROJECT IS SERVED BY SITE GRADING, INLETS, AND EXFILTRATION TRENCHES THAT
PROVIDE WATER QUALITY PRETREATMENT IN ACCORDANCE WITH ST. LUCIE COUNTY LDC.
1-
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DIRECTION
Page 31 of 197
6"
1" = 5'
CAR STOP
(TYP.)
18'
2'
9'
O
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9
.
5
'
WHITE RETRO-REFLECTIVE
TRAFFIC PAINT (TYP.)
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NOTES:
1. HANDICAP STALL IS BASED FROM FDOT STANDARD INDEX
#17346, SHEET 12 OF 14.
2. DIMENSIONS ARE TO THE CENTERLINE OF MARKINGS.
3. BLUE PAVEMENT MARKINGS SHALL BE TINTED TO MATCH
SHADE 15180 OF FEDERAL STANDARDS 595a.
4. FTP-22-06 PANEL SHALL BE MOUNTED BELOW THE FTP-21-06
SIGN.
5. FOR DESIGN OF THE UNIVERSAL SYMBOL OF ACCESSIBILITY,
REFERENCE FDOT STANDARD INDEX #17346, SHEET 12 OF 14.
6. FOR DESIGN OF THE ASSOCIATED SIGNS, REFERENCE FDOT
STANDARD INDEX #17355, SHEET 4 OF 11.
4" WHITE
12'
SIGN NO. FTP-21-06
AND FTP-22-06
(3) 6"
WHITE
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SPACED
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PARKING BY
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F.S. 318.18
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LOT 3 BLOCK 96
ZONING:
CN - COMMERIAL NEIGHBORHOOD
FUTURE LAND USE:
RU- RESIDENTIAL URBAN
CURRENT USE:
VACANT
LOT 4 BLOCK 96
ZONING:
CN - COMMERIAL NEIGHBORHOOD
FUTURE LAND USE:
RU- RESIDENTIAL URBAN
CURRENT USE:
VACANT
LOT 5 BLOCK 96
ZONING:
CN - COMMERIAL NEIGHBORHOOD
FUTURE LAND USE:
RU- RESIDENTIAL URBAN
CURRENT USE:
VACANT
LOT 9 BLOCK 96
ZONING:
CN - COMMERIAL NEIGHBORHOOD
FUTURE LAND USE:
RU- RESIDENTIAL URBAN
CURRENT USE:
VACANT
24"
24"
24"
12"
12"
12"
14"
14"
37.63'
LOT 1 BLOCK 97
ZONING:
CN - COMMERIAL NEIGHBORHOOD
FUTURE LAND USE:
RU- RESIDENTIAL URBAN
CURRENT USE:
VACANT
LOT 1 BLOCK 95
ZONING:
CN - COMMERIAL NEIGHBORHOOD
FUTURE LAND USE:
RU- RESIDENTIAL URBAN
CURRENT USE:
VACANT
LOT 20 BLOCK 95
ZONING:
CN - COMMERIAL NEIGHBORHOOD
FUTURE LAND USE:
RU- RESIDENTIAL URBAN
CURRENT USE:
VACANT
19
.
6
3
'
3
LOT 2 BLOCK 96
ZONING:
CN - COMMERIAL NEIGHBORHOOD
FUTURE LAND USE:
RU- RESIDENTIAL URBAN
CURRENT USE:
SINGLE FAMILY RESIDENCE
R
1
5
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35
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1
2
'
43.23'
63.52'
20'10'
10'
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1
2
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1
6
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9'
17.76'
R2
5
'
R25'
12.16'
16'
17'
9.
5
'
26.4'
R10'
5
'
14'
PROJECT STATEMENT:
THE PROJECT CONSISTS OF RECONSTRUCTION OF THE PARKING AREA. ACCESS TO THE
PROJECT WILL BE A NEW DRIVEWAY AND AN EXISTING DRIVEWAY ON GADDY STREET.
THERE ARE NO OTHER DRIVEWAYS ON GADDY STREET OTHER THAN THE PROJECT
DRIVEWAYS. THERE ARE NO WETLANDS ON OR IMMEDIATELY SURROUNDING THE PROJECT
SITE. THE PROJECT LIES WITHIN FLOOD ZONE 'X' ACCORDING TO F.I.R.M. PANEL 12111 C
0070 J AS INDICATED ON THE SURVEY. THE PROPOSED IMPROVEMENTS ASSOCIATED WITH
THIS PROJECT WILL NOT INTERFERE WITH THE DEVELOPMENT AND USE OF THE
NEIGHBORING PROPERTIES.
THE PROJECT IS ZONED CN - COMMERCIAL, NEIGHBORHOOD WITH A FUTURE LAND USE OF
RU- RESIDENTIAL URBAN. THE SITE IS BORDERED ON THE EAST BY GADDY ST AND ON THE
SOUTH BY FORT PIERCE BLVD, ON THE NORTH VACANT LOT 9 AND ON THE WEST VACANT
LOTS 3, 4 & 5 WITH A ZONING OF CN - COMMERCIAL, NEIGHBORHOOD AND WITH A FUTURE
LAND USE OF RU- RESIDENTIAL URBAN.
FILL MAY BE REQUIRED IN LIMITED QUANTITIES IN ORDER TO ACHIEVE THE REQUIRED
DESIGN ELEVATIONS. ANY REQUIRED FILL WILL BE OF A GRANULAR MATERIAL SUITABLE
FOR COMMERCIAL SITE DEVELOPMENT AND WILL BE OBTAINED FROM AN APPROVED
BORROW PIT.
THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING EROSION AND SEDIMENT
CONTROLS USING THE LATEST FDOT STANDARDS. BALED HAY, STRAW, AND SILTATION
BARRIERS WILL BE INSTALLED WHERE NEEDED TO PREVENT SILTATION OF ADJACENT
PROPERTY, PUBLIC R-O-W, WETLANDS, AND WATERWAYS. THESE WILL REMAIN IN PLACE
UNTIL GRASSING OR SODDING HAS BEEN COMPLETED OR UNTIL SILTATION AND EROSION
ARE NO LONGER A THREAT TO THE ADJACENT PROPERTIES OR WATERWAYS.LOCATION MAP
N.T.S.
SITE DATA:
EXISTING SITE AREA 32,119 S.F.0.737 AC
PROPOSED SITE AREA 32,119 S.F.0.737 AC 100.00%
IMPERVIOUS AREA
EX. BUILDING 3,217 S.F.0.074 AC 9.50%
EX. PAVEMENT / WALKS 1,453S.F. 0.033 AC 4.52%
PROP. PAVEMENT / WALKS 5,011 S.F. 0.115 AC 15.60%
TOTAL IMPERVIOUS 9,681 S.F.0.222 AC 30.14%
TOTAL PERVIOUS (OPEN) 22,438 S.F.0.515 AC 69.86%
OWNER:
SANDRA YONG-DUFFY
9505 LISTOW TERRACE
BOYNTON BEACH, FLORIDA
33472
PARCEL IDENTIFICATION NUMBER:
1301-608-0215-000-3
1301-608-0214-000-6
PROPERTY CLASSIFICATIONS:
ZONING :CN - COMMERCIAL, NEIGHBORHOOD
FUTURE LAND USE:RU - RESIDENTIAL URBAN
BUILDING SETBACKS:
MINIMUM EXISTING
FRONT :25 FEET 36.54 FEET
REAR:20 FEET 42.23 FEET
SIDE:10 FEET 19.51 FEET
PROP. BUILDING DATA:
EXISTING BUILDING = 3,217 S.F.
EXISTING BUILDING HEIGHT - ONE STORY = 15 FEET
PARKING CALCULATIONS:
INSTITUTE OF TRANSPORTATION ENGINEERS (ITE) 4TH EDITION - LAND USE 565
3.16 PARKING SPACES PER 1,000 S.F. FLOOR AREA
3,217 S.F * 3.16 SPACES / 1,000 S.F. = 11 SPACES
SPACES REQUIRED =11 SPACES (1 HANDICAP, 10 REGULAR)
SPACED PROVIDED = 11 SPACES (1 HANDICAP, 10 REGULAR)
UTILITY PROVIDERS:
POTABLE WATER = EXISTING WELL
WASTEWATER = EXISTING SEPTIC AND DRAINFIELD
IRRIGATION = EXISTING WELL
NOTE: THERE ARE NO FIRE HYDRANTS WITHIN 1,000 FEET OF THE PROJECT LOCATION
PERMITS REQUIRED:
SLC STORMWATER PERMIT
SLC RIGHT-OF-WAY PERMIT
VARIANCES REQUESTED:
A VARIANCE OF 5' TO ALLOW FOR A 10' LANDSCAPE BUFFER ALONG A PORTION
OF THE GADDY STREET FRONTAGE
CONSTRUCTION SCHEDULE:
CONSTRUCTION START:AUGUST 2018
CONSTRUCTION COMPLETION:180 DAYS
LEGAL DESCRIPTION:
LOTS 6, 7 AND 8, BLOCK 96 OF LAKEWOOD PARK, UNIT NO. 8, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 19, OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA.
EXISTING EDGE OF
PAVEMENT
EXISTING WATER MAIN
EXISTING FORCE MAIN
WM
PROPOSED CATCH BASIN
PROPOSED CLEAN OUT
TRAFFIC FLOW DIRECTION
2 NUMBER OF PARKING
SPACES
HANDICAP STALL
PROPOSED PAVEMENT
TRAFFIC STATEMENT:
THE INSTITUTE OF TRANSPORTATION ENGINEERS TRIP GENERATION, 7TH EDITION
CATEGORY: DAY CARE CENTER (565)
AVERAGE RATES UTILIZED AVERAGE RATE PROJECT S.F. TRIPS
WEEKDAY DAILY TRIPS:79.26 / 1,000 S.F. 3,217 255
P.M. PEAK HOUR TRIPS:13.18 / 1,000 S.F. 3,217 42
A.M. PEAK HOUR TRIPS:12.79 / 1,000 S.F. 3,217 41
EXISTING OAK TREE
EXISTING SABAL PALM
EXISTING PINE TREE
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Page 32 of 197
Environmental resources
final report
TO:Tahir Curry, Planning & Development Services Department
THROUGH:Aimee L. Cooper, Environmental Regulations Manager
Amy E. Griffin, Environmental Resources Director
FROM:Bryan-James Redden, Environmental Planner
DATE:April 11, 2023
SUBJECT:Bumblebee Academy
CU-2302-000051
Background
The Environmental Resources Department (ERD) is in receipt of the February 21, 2023, date-stamped submittal
transmitted on March 8, 2023, with comments due April 7, 2023, from Planning and Development Services. The
applicant is requesting approval of a Conditional Use Permit to allow for the operation of a daycare/preschool
facility within the Commercial Neighborhood (CN) zoning district. The project site is located at 6708 Gaddy Street
within Lakewood Park in Fort Pierce.
Findings
No changes to the site have been made since the conditional use approval that was granted in 2018. No intact
native habitat exists onsite. A previously approved landscape plan designed by William A. Flint, III, dated July 30,
2018, was reviewed and found to be consistent with Land Development Code 7.09.00. ERD does not anticipate any
adverse environmental impacts associated with the conditional use as no changes are proposed as part of this
application. If site development activities are proposed in the future, ERD will conduct further review through the
site plan or building permit review process.
Recommendation
ERD has no objections to the approval of the conditional use application.
Please contact Bryan-James Redden at 772-462-3862 if you have any questions.
Page 33 of 197
PDS ORDER 2022-041
FILE NO.: WDA-3202226357
AN ORDER GRANTING APPROVAL TO ALLOW TUTORING
SERVICES (SIC CODE 8299) AS A CONDITIONAL USE WITHIN
THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT
FOR CERTAIN PROPERTY LOCATED AT 6708 GADDY STREET,
FORT PIERCE, IN ST. LUCIE COUNTY, FLORIDA.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request
to allow tutoring services as a conditional use within the Commercial Neighborhood (CN) Zoning District
for a site located at 6708 Gaddy Street, Fort Pierce, Florida, and made the following determinations:
On June 26, 1990, the Board of County Commissioners, through Resolution 90-175 granted a
Conditional Use Permit to allow a child care facility on the subject parcel that, according to PDS
records, operated until August, 2013. The previous Conditional Use Permit expired due to the
vacancy of the site for more than twelve (12) months.
On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted
the St. Lucie County Land Development Code and has adopted amendments to the Land
Development Code through certain Ordinances.
On May 15, 2012, the Board of County Commissioners of St. Lucie County, Florida, adopted
Ordinance 12-003, granting the Planning and Development Services Director the authority to
make the determination after full analysis of all potential impacts that a proposed use complies
with the provisions of the St. Lucie County Comprehensive Plan and Land Development Code.
Analysis was provided by staff in the memorandum titled Bumblebee Academy Use
Determination dated October 2, 2022.
4. On September 9, 2018, the Board of County Commissioners approved a Conditional Use Permit
through Resolution 18-156 to allow a childcare facility for up to fifty-four (54) students. The Little
Light Christian Academy business tax receipt is active and expires on September 30, 2022. The
owner, Sandra Yong -Duffy, sold the child daycare facility to Christina Morales of Bumblebee
Academy in 2022.
On May 20, 2022, the Planning & Development Services Director approved a Minor Adjustment
to the Little Light Christian Academy Conditional Use Permit through PDS Order 2022-017 for an
ownership and name change to the existing child daycare, to be known as Bumblebee
Academy.
6. The determination to allow tutoring services as a conditional use, within the Commercial
Neighborhood (CN) Zoning District for certain property located at 6708 Gaddy Street, is
consistent with the general purpose, goals, and objectives of the St. Lucie County
Comprehensive Plan, the Land Development Code, and is in the best interest of the health,
safety and public welfare of the citizens of St. Lucie County, Florida.
MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 5114128 10/26/2022 10:43:42 AM
OR BOOK 4906 PAGE 2902 - 2903 Doc Type: ORD
RECORDING: $18.50
File No.: WDA-3202226357 PDS Order 2022-041
Page 1
Page 34 of 197
7. The determination will not have an undue adverse effect on adjacent properties, the character of
the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public
health, safety, and general welfare near this site within the Commercial Neighborhood (CN)
Zoning District.
NOW, THEREFORE, BE IT ORDERED: BY THE PLANNING AND DEVELOPMENT SERVICES
DIRECTOR OF ST. LUCIE COUNTY, FLORIDA:
Based on the foregoing analysis, staff recommends a Use Determination permitting Tutoring Services
SIC Code 8299) as an eligible Conditional Use at 6708 Gaddy Street, Fort Pierce, FL 34951, within the
CN (Commercial, Neighborhood) Zoning District.
PART A. SEVERABILITY
If this Order or any provision thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or circumstances.
PART B. APPLICABILITY OF ORDER
This Order shall constitute approval to allow Tutoring Services (SIC Code 8299) as a Conditional Use
within the CN (Commercial, Neighborhood) Zoning District forthe site located at 6708 Gaddy Street, Fort
Pierce, Florida, with the above listed condition.
PART C. FILING WITH THE CLERK OF COURT
This Order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 1 q i day of 0(4&6,- 2022.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
i
BY 111 VI Cl.t-,1,',
1
Mayte Santarrdaria,-Ptnni(g Director
APPROVED AS TO FORM
AND CORRECTNESS:
County'Attorney
File No.: WDA-3202226357 PDS Order 2022-041
Page 2
Page 35 of 197
PDS ORDER 2022-017
File No. CU-2204-000035
AN ORDER GRANTING APPROVAL FOR A MINOR
ADJUSTMENT TO A CONDITIONAL USE PERMIT TO BE
KNOWN AS BUMBLEBEE ACADEMY (FKA LITTLE LIGHT
CHRISTIAN ACADEMY) FOR A PROPERTY LOCATED AT 6708
GADDY STREET, IN FORT PIERCE, FLORIDA
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
application for a Minor Adjustment to the Conditional Use Permit for a change in ownership and
business name submitted by Christina Morales, and the comments made by the St. Lucie County
Development Review Committee on this application and has made the following determinations:
Christina Morales filed an application for a Minor Adjustment to the Conditional Use Permit
for an ownership change to Christina Morales (FKA Sandra Yong -Duffy) and business
name to be known as Bumblebee Academy (FKA Little Light Christian Academy). The site
is located at 6708 Gaddy Street, Fort Pierce, FL, within the CN (Commercial,
Neighborhood) Zoning District, as legally described in Paragraph B and depicted on the
attached map as Exhibit "A".
2. On June 26, 1990, the Board of County Commissioners approved a Conditional Use Permit
through Resolution 90-175 to allow a child care facility. The previous Conditional Use
Permit expired due to the vacancy of the site for more than twelve (12) months
3. On September 09, 2018, the Board of County Commissioners approved a Conditional Use
Permit through Resolution 18-156 to allow a child care facility for up to fifty-four (54)
students. Associated site improvements were completed and a Zoning Compliance
Certificate secured in accordance with the approved Conditional Use Permit.
4. The St. Lucie County Development Review Committee has reviewed the proposed Minor
Adjustment to the Conditional Use Permit and found it to meet the technical requirements
of the St. Lucie County Land Development Code, and consistent with the St. Lucie County
Comprehensive Plan, and has satisfied the standards of review set forth in Sections
11.07.03 and 11.07.05 E.2.a.
5. Planning Staff has performed detailed analysis of the project and determined it to be
consistent with Sections 11.07.03 Standards for Review of Conditional Use Permits, of the
St. Lucie County Land Development Code. The analysis is found in the Staff Report for the
Bumblebee Academy Minor Adjustment to a Conditional Use Permit (CU-2204-000035),
and dated May 13, 2022.
6. The project will not have an undue adverse effect on adjacent property, the character of
the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the
public health, safety, and general welfare.
MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURTSAINTLUCIECOUNTY
FILE # 5049761 06/03/2022 10:19:59 AM
OR BOOK 4836 PAGE 524 - 528 Doc Type: ORD
Page 1 RECORDING: $44.00 PDS No. 2022-017
File No.: CU-2204-000035
Page 36 of 197
7. All reasonable steps have been taken to minimize any adverse effect of the proposed
project on the immediate vicinity through building design, site design, landscaping, and
screening.
8. The project will be constructed, arranged, and operated so as not to interfere with the
development and use of neighboring property, in accordance with applicable district
regulations.
9. A Certificate of Capacity Exemption has been issued for this development, a copy of which
is attached to this order in Exhibit "B", as required under Chapter V, St. Lucie County Land
Development Code.
NOW, THEREFORE, BE IT ORDERED:
A. Pursuant to Sections 11.07.03 and 11.07.05 E.2.a. of the St. Lucie County Land
Development Code, the proposed Minor Adjustment to acknowledge the change in
ownership to be known as Christina Morales (FKA Sandra Yong -Duffy) and business name
to be known as Bumblebee Academy (FKA Little Light Christian Academy), is hereby
approved by the St. Lucie County Planning & Development Services Director, date
stamped received by the Planning Division on March 24, 2022, on the property described
in Part B.
B. The property on which this Minor Adjustment to Conditional Use Permit, as depicted in
Exhibit "A" is being granted is described as follows:
LEGAL DESCRIPTION:
LOT 6,7 AND 8, BLOCK 96 OF LAKEWOOD PARK, UNIT NO. 8, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN THE PLAT BOOK 11, PAGE 19, OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS THE EAST 25.00 FEET FOR
RIGHT-OF-WAY.
ADDRESS: 6708 Gaddy Street, Fort Pierce, FL 34951
PARCEL ID No.: 1301-608-0215-000-3
C. The approvals granted by this administrative order shall expire twenty-four (24) months
from the effective date, unless a Zoning Compliance is obtained or an extension is granted
in accordance with the provisions of Section 11.07.05(F) of the St. Lucie County Land
Development Code.
D. The developer, including any successors in interest, is advised as part of this Minor
Adjustment to a Conditional Use approval for a business name and ownership change, all
applicable development permits and construction authorizations shall be obtained from the
appropriate State and Federal and Local regulatory agencies including, but not limited to,
the United States Army Corps of Engineers, the Florida Department of Environmental
Protection, and South Florida Water Management District, and the St. Lucie County
Environmental Resources, Public Works, and Building Departments prior to the
commencement of any development activities on the property described in Part "B".
Issuance of this permit by the County does not in any way create any rights on the part of
the developer to obtain a permit from a state or federal agency and does not create any
Page 2 PDS No. 2022-017
File No.: CU-2204-000035
Page 37 of 197
EXHIBIT "B"
Certificate of Capacity Exemption)
St Lucie County
Certificate ofCaI)acity Exenq)tion
Date )120,,-2122 Certificate No.
This document certifies that concurrency will be met and that adequate public facility
capacity exlsts to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development iy11111Y1' AI jLIStnlellt l(t ;i ([a ciilacuia 1:,: Ncrr,it
Number of units Number of square feet
2. Property legal description & Tax ID no.
1301-608-0215-000-3
6708 (faddy Strect. Foil Pierce. 1-I- 3,051
Bumbleboc Acaiclony
3. Approval: Building!
4. As part of the development:
5. On property owned by
llristina Moralcs
6708 Gaddy Sheet
Fort Pierre 1 1 14951
Resolution No. 2022-017 Letter
is hereby granted a Cortificato of Capacity Exemption according to the following Chapters) of the SL Lucie County
Land Development Code: I i 5.03.02(A) F 5.03.02(B)t 7 5.03.02(Bj2 7 5.03.02(B)3 n 5.03.02{B)4
1-1 5.03.02(B)5 5.0102(Bi6 i 6.03.041AI 116.03.04(A)2 116.03.04(A)3
L..l 5.03.04(811 I 6.03 04((3)2 5-03.04(8)3 I ; 6.03.04(13)4
6. Certificate Expiration Date 5-,'2U 2t1'23
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development order( } issue ''for t same property, use and size as described herein.
y
Signed 7 S120 2022
Planning a d Development Services Director
St Lucie County, Florida
Page 5 PDS No. 2022-017
File No.: CU-2204-000035
Page 38 of 197
liability on the part of the County for issuance of this permit if the developer fails to obtain
requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertake actions that may result in a violation of state or federal law.
E. This Order shall become effective upon the date of approval indicated below. Should the
property owner, developer or authorized agent wish to appeal the approval described in
Part "A" above, all such appeals must be filed in writing with the County Administrator within
30 days of the rendering of this Order, as described in Section 11.02.04(B), St. Lucie
County Land Development Code. Should an appeal to this Order be filed, no permitting
reviews or further administrative action shall take place on the processing of this
development project until the appeal is resolved.
F. A copy of this Order shall be placed on file with the St. Lucie County Planning and
Development Services Department and mailed to the developer and agent of record as
identified on the site plan application.
G. This Order shall be recorded in the Public Records of St. Lucie County.
lip.
ORDER effective the 1C day of CLL' 2022.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY IL J"W
Mayte Sant mdria, Pranning Director
APPROVED AS TO FORM
AND CORRECTNESS:
My
Page 3
County Attorney
PDS No. 2022-017
File No.: CU-2204-000035
Page 39 of 197
EXHIBIT "A"
Location Map)
Bumblebee
Academy
I CU-2204-000035
Location
N
7
C
so County boundary "
I, r
Page 4 PDS No. 2022-017
File No.: CU-2204-000035
Page 40 of 197
Page 41 of 197
Page 42 of 197
Page 43 of 197
Page 44 of 197
Page 45 of 197
Page 46 of 197
Created: 2021-03-31 19:07:57 [EST]
(Supp. No. 19)
Page 1 of 1
11.07.03. Standards for Review of Conditional Use Permits.
A conditional use permit shall be granted only if the applicant demonstrates the following:
A. Consistency With Local Code and Comprehensive Plan. The proposed conditional use is in compliance with all
requirements, and is consistent with the general purpose, goals, objectives, and standards of this Code, the
St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County; and is in compliance
with all additional standards imposed on it by the particular provisions of this Code authorizing such use.
B. Effect on Adjacent Properties.
1. The proposed conditional use will not have an undue adverse effect upon nearby property.
2. The proposed conditional use is compatible with the existing or planned character of the neighborhood
in which it would be located.
3. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use
on the immediate vicinity through building design, site design, landscaping, and screening.
4. The proposed conditional use will be constructed, arranged, and operated so as not to interfere with
the development and use of neighboring property, in accordance with applicable district regulations.
C. Adequacy of Public Facilities. The proposed conditional use will be served by adequate public facilities and
services, including roads, police protection, fire protection, solid waste disposal, water, sewer, drainage
structures, parks and mass transit.
D. Adequacy of Fire Protection. The applicant for the proposed conditional use has obtained from the St. Lucie
County - Fort Pierce Fire Prevention Bureau written confirmation, or has otherwise demonstrated by
substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory
to provide adequate fire protection.
E. Environmental Impact. For developments required to provide an environmental impact report under Section
11.02.09(A)(5), the proposed conditional use will not contravene any applicable provision 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).
Page 47 of 197
Date Mailed: April 6, 2023
Planning and Development Services Department (772) 462-2822
Applicant: Christina Morales
Bumblebee Academy
6708 Gaddy Street
Fort Pierce, FL 34951
Property Owner:
BESSIESHIP LLC
11 Sailfish RD
Vero Beach, FL 32960
Project Location: 6708 Gaddy Street
Fort Pierce, FL 34951
Future Land Use: RU (Residential, Urban)
Existing Zoning:
CN (Commercial, Neighborhood) Parcel ID Number:
1301-608-0215-000-3
Staff’s Recommendation: Forward a recommendation of approv-al to the Board of County Commission-
ers.
Meeting Time:
6:00 PM (or soon thereafter )
PLANNING AND ZONING COMMISSION
This notice has been provided because you are an owner of property within 500 feet
of the proposed petition.
Project Description The applicant, Bumblebee Academy, is requesting a Conditional Use Permit to
provide Tutoring Services for Elementary-
aged students, in conjunction with the exist-ing daycare, with an overall capacity of 54 learners at 6708 Gaddy Street, within the
CN (Commercial, Neighborhood) Zoning
District. Previous Actions
On June 26, 1990, the Board of County
Commissioners (BOCC) granted a Condi-tional Use Permit to allow a childcare facili-ty at the subject site.
On September 9, 2018, the BOCC ap-proved a Conditional Use Permit for Little
Light Christian Academy to allow a child-
care facility for up to fifty-four (54) students.
On May 20, 2022, the Planning & Develop-ment Services Director approved a Minor
Adjustment to the Conditional Use for an
ownership and name change to the existing childcare facility, to be known as Bumble-
bee Academy.
On October 17, 2022, the Planning & De-velopment Services Director authorized
Tutoring Services as an eligible Conditional
Use within the CN Zoning, through a Use
Determination in accordance with Land Development Code Section 3.01.02 (B).
Planning & Zoning Commission The St. Lucie County Planning and Zoning Commission has the power to review and
recommend to the St. Lucie County Board
of County Commissioners, for approval or disapproval, any applications within their area of responsibility.
The Planning and Zoning Commission strongly encourages your input and com-ment at the public hearing. You may also
mail or email written comments regarding
this proceeding in advance of the public hearing for inclusion in the official record.
Anyone with a disability requiring accom-
modations to attend this meeting may con-tact the SLC Community Risk Manager at
least 48 hours in advance at 772-462-
1546 or TDD 772-462-1428. Public com-
ment for the upcoming meeting can be submitted by: Email: Curryt@stlucieco.org; or
Mail to the address below.
Further details are available in the Plan-
ning and Development Services Depart-
ment—Planning Division please contact: Staff Tahir Curry
Tel (772) 462-2515
Email CurryT@stlucieco.org
Mail Planning & Development Services 2300 Virginia Avenue Fort Pierce, Florida 34982
Location: BOCC Chambers
SLC Administration Annex,
2300 Virginia Avenue,
Public Hearing Notice
Thursday, April 20, 2023
Notice of Proposed Conditional Use
Permit for Bumblebee Academy
AAU Investments Inc
768 SE Atlantus AVE
Port St Lucie, FL 34983
Page 48 of 197
Revised March 18, 2011
Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred fifty (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four fifths (4/5) of all of the Board of County Commissioners.
Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. - Planning Division. ATTN: Tahir Curry, Planner I 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: CurryT@stlucieco.org Fax (772) 462-1581
If you wish to comment, please check only one of the three following statements; and return no later than Monday, April 17, 2023. Forms returned without a name and address will not be considered. All returned
forms are a matter of public record and are available for viewing upon request. Please attach additional pages with comments, if necessary.
I AM IN FAVOR OF THE REQUESTED CONDITIONAL USE _______
I AM NOT IN FAVOR OF THE REQUESTED CONDITIONAL USE _______
I HAVE NO OPINION ABOUT THE REQUESTED CONDITIONAL USE _______ I certify as of the date written below, I am a property owner within 500 feet of the requested Conditional Use.
Name (Please Print): __________________________________________________________
Address: __________________________________________________________
__________________________________________________________
Date: _______________ Signature: _______________________________
Please call, Tahir Curry, Project Manager at (772) 462-2515 or email, CurryT@stlucieco.org if you have any questions.
PLANNING AND DEVELOPMENT
SERVICES DEPARTMENT
Planning Division
CONDITIONAL USE RESPONSE FORM
Project Description:
PROPOSED CONDITIONAL USE: Petition of Bumblebee Academy to allow tutoring services to elementary-aged students within the CN (Commercial Neighborhood) Zoning District.
Project Location: 6708 Gaddy Street, Fort Pierce, FL 34951
Current Zoning: CN (Commercial Neighborhood) File No.: CU-2301-000046
Page 49 of 197
J>I J\NNIN(, AND DIVl I OJIMI NI <;J R VIC.I'> DI J>tdU MI '\Jr
Planning Division
COIFLWICI! wmt POST'IHG OF NOTICE REOUIWENTI -SIGH AFFIDAVIT
STATE OF FLORIDA
COUNTY OF ST. LUCIE
__________________ _, being first duly sworn deposes and states:
1.I am the owner or the agent for the project known as ____________ _
for the following petition: File No. ______ __.
2.I hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E
of the St. Lucie County Land Development Code for the_..;...;.. _________ ublic hearing
to be conducted by' on the above-referenced petition.
The required sign was printed and posted to the specifications listed on the Sign Content and Sign
Requirements forms provided by the St Lucie County Planning and Development Services -Planning
Division on. ___________ . The following required documentation is attached:
A Dated Photo submitted electronically (Close up)
B.Dated Photo submitted electronically (Distant)
Further affiant sayeth not.
STATE OF FLORIDA
COUNTY OF ,,a,, vV /?,·IJ(!J
.. -•� ··, NICHOLAS TUCKER •�\ Notary Publlc • State of Florl�a rJ11 Commission # HH M 100 -..."!-�I l'.1 Comm. Expires Nov 16, ?OH Bonded throuih National Ncwy Alm
�
Typed or Printed Name 9f Notary
Commission No.:##01//od
l
My Commission expires: // /;" µ�/
ST. LUCIE , VOR�<S
CU-2302-000051
4/20/2023
Planning & Zoning Commission
4/5/2023
x
x
Christina Morales
Bumblebee Academy
Page 50 of 197
Page 51 of 197
Page 52 of 197
TR-GCI1043312-01
ST. LUCIE COUNTY PLANNING
AND ZONING COMMISSION
PUBLIC HEARING AGENDA
Thursday, April 20, 2023
NOTICE OF PROPOSED CONDITIONAL USE PERMIT
The St. Lucie County Planning and Zoning Commission is scheduled to review
and make a recommendation regarding the following proposal for adoption by
the Board of County Commissioners of St. Lucie County, Florida, by Resolution:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, GRANTING A CONDITIONAL USE PERMIT TO ALLOW
TUTORING SERVICES TO ELEMENTARY-AGED STUDENTS WITHIN
THE CN (COMMERCIAL NEIGHBORHOOD) ZONING DISTRICT FOR A
PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA.
APPLICANT: Bumblebee Academy
PURPOSE: To allow tutoring services to elementary-aged within the CN
(Commercial Neighborhood) Zoning District. Tutoring Services were
authorized as an eligible Conditional Use within the CN Zoning District
by the Planning & Development Services Director through a Use
Determination in accordance with Land Development Code Section
3.01.02 (B). Bumblebee Academy currently holds a Conditional Use
Permit to operate a daycare at the subject site, with a maximum of 54
learners. The maximum 54-student capacity will be retained.
ADDRESS: 6708 Gaddy Street, Fort Pierce, FL 34951
FILE NUMBER: CU-2302-000051
The Planning and Zoning Commission PUBLIC HEARING on this item will be
held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie
County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on
Thursday, April 20, 2023, beginning at 6:00 pm or as soon thereafter as possible.
All interested persons will be given an opportunity to be heard. Written comments
received in advance of the public hearing will also be considered. Written comments
to the Planning and Zoning Commission should be received by the Planning and
Development Services Department - Planning Division at least 3 days prior to the
scheduled hearing. The petition file is available for review at the Planning and
Development Services Department – Planning offices located at 2300 Virginia
Avenue, Fort Pierce, Florida during regular business hours. Please call (772) 462-
2822 or TDD (772) 462-1428 if you have any questions or require additional
information about this petition.
The St. Lucie County Planning and Zoning Commission has the power to review and
recommend to the St. Lucie County Board of County Commissioners, for approval or
disapproval, any applications within their area of responsibility.
The proceedings of the Planning and Zoning Commission are electronically recorded.
PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal
any decision made by the Planning and Zoning Commission with respect to any
matter considered at a meeting or hearing, he or she will need a record of the
proceedings. For such purpose, he or she may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. Upon the request of any party to the proceeding,
individuals testifying during a hearing will be sworn in. Any party to the proceeding
will be granted an opportunity to cross-examine any individual testifying during a
hearing upon request. If it becomes necessary, a public hearing may be continued
to a date-certain.
Anyone with a disability requiring accommodation to attend this
meeting should contact the St. Lucie County Community Risk
Manager at least forty-eight (48) hours prior to the meeting at
(772) 462-1546 or TDD. (772) 462-1428.
PLANNING AND ZONING COMMISSION/
LOCAL PLANNING AGENCY
ST. LUCIE COUNTY, FLORIDA
/S/ BOB LOWE, CHAIR
PUBLISH DATE: Thursday, April 6, 2023 Page 53 of 197
ITEM NO. (ID # 2023-59675)
DATE: 4/20/2023
AGENDA REQUEST
TO: Planning and Zoning Commission
PRESENTED BY: Benjamin Balcer, Planning & Development Services Director
SUBMITTED BY: Planning & Development Services
SUBJECT: County Initiated Land Development Code Text Amendment to update the Code
provisions pertaining to fences, walls, and hedges.
BACKGROUND:
This is a County initiated Text Amendment to amend Land Development Code (LDC) Section 2.00.00, to create
definitions for the terms fence and wall. Additionally, to amend Section 8.00.04 to address and clarify
provisions for fences, walls, berms and hedges, addressing construction materials, allowing for additional
height for columns, gates and decorative features, allowing for additional height for fencing on a residential
property adjacent to public use or public facility, providing for permit exemptions for agricultural properties;
clarifying that a fence or wall is considered an accessory use and that a fence, wall or hedge shall not interfere
with drainage.
County staff is proposing updates to the Land Development Code to provide for consistency with state
statutes, the National Flood Insurance Program (NFIP) guidance as well as address elements brought up by
members of the public during permitting, such as requests for entrance features and additional height for
columns and gates. The current LDC does not provide exceptions or authorization for additional architectural
and/or aesthetic features.
Additionally, the County is planning for and completing significant infrastructure projects, including
neighborhood drainage improvements, and in some instances, it may be necessary to provide for additional
fence height for increased safety or security purposes for public use or public facilities adjacent to a
residential property.
Further, Section 604.50, F.S., provides that farm fences located on lands used for bona fide agricultural
purposes, not including those lands used for urban agriculture, are exempt from the Florida Building Code and
any county or municipal code or fee, except for code provisions implementing local, state, or federal
floodplain management regulations.
Lastly, FEMA NFIP guidance notes that fences and walls may not obstruct or may divert flow, and the
proposed update provides for internal consistency with existing LDC Section 6.05.09 G.2. (Flood resistant
development).
PREVIOUS ACTION:
Page 54 of 197
The Board of County Commissioners approved the permission to advertise this text amendment at their
March 21, 2023 meeting.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the proposed text amendment be forwarded to the Board of County Commissioners with a
recommendation of approval.
COMMISSION ACTION:
RESULT:
MOVER: None
SECONDER: None
AYES: None
NAYS: None
EXCUSED: None
Coordination/Signatures
Date: April 13, 2023
Mayte Santamaria, Deputy County Administrator
Date: April 14, 2023
Katherine Barbieri, Assistant County Attorney III
Page 55 of 197
Page 1 of 5
ORDINANCE No. ______
FILE NO.: TLDC-2303-000022
AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE
SECTION 2.00.00, DEFINITIONS, TO ADD THE TERM FENCE AND THE
TERM WALL; AMENDING SECTION 8.00.04 TO ADDRESS AND CLARIFY
PROVISIONS FOR FENCES, WALLS, BERMS AND HEDGES,
ADDRESSING CONSTRUCTION MATERIALS, ALLOWING FOR AND
PROVIDING ADDITIONAL HEIGHT FOR COLUMNS, GATES AND
DECORATIVE FEATURES, ALLOWING FOR ADDITIONAL HEIGHT FOR
FENCING ON A RESIDENTIAL PROPERTY ADJACENT TO PUBLIC USE
OR PUBLIC FACILITY, PROVIDING FOR PERMIT EXEMPTIONS FOR
AGRICULTURAL PROPERTIES; CLARIFYING THAT A FENCE OR
WALL IS CONSIDERED AN ACCESSORY USE AND THAT A FENCE,
WALL OR HEDGE SHALL NOT INTERFERE WITH DRAINAGE;
PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR
APPLICABILITY AND SEVERABILITY; AND PROVIDING FOR FILING
WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR
ADOPTION.
______________________________________________________________________________
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 Statues, 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_________________, the Planning and Zoning Commission held a public
hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune
on________________. The Planning and Zoning Commission recommended to the Board to
____________of the proposed text amendment to the St. Lucie County Land Development Code; and
Page 56 of 197
Page 2 of 5
WHEREAS, on_________________, 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________________; and
WHEREAS, on_________________, 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________________; 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 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
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 St. Lucie County Land Development Code, as
follows:
Section 2.00.00. - DEFINITIONS
* * * * *
Fence: An artificial structure of material or combination of materials serving as an enclosure, barrier
or boundary, usually made of posts, boards, wire or rails.
* * * * *
Wall: An upright structure of masonry, wood, plaster or other building material which is constructed
on a supporting structure, such as a footer, serving to enclose, divide or protect an area and not intended
to create a covered and habitable area.
* * * * *
Section 8.00.04. Fences, Walls, Berms and Hedges.
The requirements of this section are minimum requirements and shall not be construed to supersede any
fence requirements in state law, such as specific requirements for fencing and barriers around swimming
pools. Fences, walls, and hedges are permitted, as follows:
A. Fences and walls shall comply with industry standards along with governing rules and
regulations, including the Florida Building Code, as applicable; shall require the proper permits
prior to construction; and shall be constructed in accordance with the reviewed plans and permit.
Fences and walls must be constructed of conventional and traditional materials, including, but
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.
Page 57 of 197
Page 3 of 5
not limited to, termite-resistant species of wood or wood treated to resist rot and termites,
concrete, stone, brick, aluminum, iron, steel, chain link, PVC or composite products. Fences
and walls shall be constructed in a workmanlike manner and shall be of sound and sturdy
construction. All fences and walls shall be maintained in a safe and sound manner and free of
graffiti.
B. In any residential zoning district, a fence, wall or landscape berm may shall be designed and
located as follows:
1. In in any required front yard, provided that the fence, wall or landscape berm shall does not
exceed a maximum height of four (4) feet above the elevation of the centerline of the
roadway adjacent to the property on which the fence, wall or landscape berm is located. The
following standards are also applicable:
a. Columns are allowed, including decorative features, caps and finials, when integrated
into a fence or wall, and may exceed the permitted height by a maximum of one (1)
foot. Columns which exceed permitted height shall be not more than three (3) feet in
width and shall be spaced at least six (6) feet apart.
b. Entry features, such as columns and gates, located contiguous to and on both sides of
the main access (driveway) may be permitted up to six (6) feet in height, provided an
obstruction to cross-visibility is not created. Access gates on the driveway shall be
located a minimum of 22ft. from the edge of the roadway.
c. Two (2) individual column entrance features on the side of the pedestrian walkway or
gate may be permitted at a maximum height of five (5) feet, provided an obstruction
to cross-visibility is not created.
2. In any other required yard, a A fence, wall or landscape berm is allowed at a maximum
height of six (6) feet in height above the elevation of the centerline of the roadway adjacent
to the property, may be located in any other required yard. Except except that:
a.1. If a residential lot adjoins a non-residentially zoned lot, fence height may be
increased to a maximum of eight (8) feet along the adjoining lot lines.
b.2. If the rear or side lot line of a residential lot lot's rear or side lot line(s) adjoins a street
right-of-way, the fence, wall or landscape berm height may be increased to a
maximum of eight (8) feet along the street right-of-way, as depicted in Figure 8-1
below, provided that no other provision of this Code is violated.
3. When it is necessary for safety or security purposes for a public use or public facility, the
Planning and Developmt Services Director may authorize a fence of up to six (6) feet in
height in any required yard. In no event shall the fence be permitted to create a traffic hazard
or obstruct cross-visibility along a right-of-way and/or at intersections.
4. Fences that are constructed, in whole or in part, of cattle wire, chicken wire, razor wire or
barbed wire or similar materials are not permitted within the RE-1, RE-2, RS-2, RS-3, RS-
4, RMH-5, RM-5, RM-7, RM-9, RM-11, RM-15 and HIRD zoning districts. Nontraditional
materials, including, but not limited to tires, mufflers, hubcaps, or broken glass are
prohibited.
CB. In non-residential zoning districts, a fence, a maximum of eight (8) feet in height, may be
located anywhere on the lot. In no event shall the fence be permitted to create a traffic hazard
or obstruct cross-visibility along a right-of-way and/or at intersections.
Page 58 of 197
Page 4 of 5
DC. Hedges of any height may be located within any required front, rear or side yard provided that
any hedge located at the intersection of two (2) streets shall comply with the cross-visibility
provisions of Section 7.09.04(D) of this Code.
E. A permit shall not be required for split-rail fencing and post-and-rail fencing within the
Agricultural Residential (AR-1), Agricultural-1 (AG-1), Agricultural-2.5 (AG-2.5), or
Agricultural-5 (AG-5) zoning districts, at a maximum height not to exceed six (6) feet above
the elevation of the centerline of the roadway adjacent to the property on which the fence is
located; however, the fence is subject to floodplain management regulations. The property
owner is responsible for ensuring the location of the fence is wholly on their property and that
the fence does not create an obstruction to cross-visibility.
F. A permit shall not be required for a fence located on a property used for bona fide agricultural
purposes, classified as agricultural land pursuant to Section 193.461, F.S. The fence is exempt
from the Florida Building Code; however, the fence is subject to floodplain management
regulations. The property owner is responsible for ensuring the location of the fence is wholly
on their property and that the fence does not create an obstruction to cross-visibility. A barbed
wire fence and electrically charged fence may be constructed subject to the requirements of
applicable State and Federal laws and regulations.
G. Fencing or walling of vacant properties shall not be permitted. A fence or wall is an accessory
structure, as defined in Section 2.00.00. As provided in Section 8.00.01, accessory structures
and uses are permitted only in connection with any principal lawfully existing permitted use or
conditional use.
H. No fence, wall or hedge shall be constructed or installed in such a manner as to interfere with
drainage on or adjacent to the property. Fences and walls in regulated floodways that have the
potential to block the passage of floodwaters shall meet the limitations of Section 6.05.09(C)(4).
Page 59 of 197
Page 5 of 5
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:
Cathy Townsend, Chair xxx
Linda Bartz, Vice Chair xxx
Chris Dzadovsky, Commissioner xxx
Jamie Fowler, Commissioner xxx
Larry Leet, Commissioner xxx
PASSED AND DULY ADOPTED this ____ day of ___________, 2023.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
_________________________ BY: _____________________________
Deputy Clerk Chair
APPROVED AS TO FORM AND
CORRECTNESS:
BY: _____________________________
County Attorney
Page 60 of 197
Planning and Development
Services Department
Planning Division
M E M O R A N D U M
TO:St. Lucie County Planning & Zoning Commissioners
FROM:Ben Balcer, AICP, PDS Director
DATE:April 12, 2023
SUBJECT:Text Amendment to the Land Development Code (LDC)
Fences, Walls, Berms & Hedges
(TLDC-2303-000022)
The St. Lucie County Planning & Development Services Department is proposing text amendments to Land
Development Code (LDC) Section 2.00.00, Definitions, to create definitions for the terms fence and wall.
Additionally, to amend LDC Section 8.00.04, Fences, Walls, and Hedges as discussed below.
BACKGROUND:
The St. Lucie County Planning & Development Services Department is proposing text amendments to the LDC
to address and clarify provisions for fences, walls, berms, and hedges, addressing construction materials, allowing
for additional height for columns, gates and decorative features, allowing for additional height for fencing on a
residential property adjacent to public use or public facility, providing for permit exemptions for agricultural
properties; clarifying that a fence or wall is considered an accessory use and that a fence, wall or hedge shall not
interfere with drainage.
County staff is proposing updates to the Land Development Code to provide for consistency with state statutes,
the National Flood Insurance Program (NFIP) guidance, as well as address elements brought up by members of
the public during permitting, such as requests for entrance features and additional height for columns and gates.
The current LDC does not provide exceptions or authorization for additional architectural and/or aesthetic
features.
Additionally, the County is planning for and completing significant infrastructure projects, including
neighborhood drainage improvements, and in some instances, it may be necessary to provide for additional fence
height for increased safety or security purposes for the public use or public facility adjacent to a residential
property.
Further, Section 604.50, F.S., provides that farm fences located on lands used for bona fide agricultural purposes,
not including those lands used for urban agriculture, are exempt from the Florida Building Code and any county
or municipal code or fee, except for code provisions implementing local, state, or federal floodplain management
regulations.
Lastly, FEMA NFIP guidance notes that fences and walls may not obstruct or may divert flow, and the proposed
update provides for internal consistency with existing LDC Section 6.05.09 G.2. (Flood Resistant Development).
TEXT AMENDMENT STANDARDS OF REVIEW
AS SET FORTH IN SECTION 11.06.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
Page 61 of 197
Project Name: LDC Text Amendment
Fences, Walls, Berms, Hedges
File No.: TLDC-2303-000022
2
Pursuant to St. Lucie County Land Development Code (LDC) Section 11.06.03, the Development Review
Committee (DRC) has reviewed the proposed Text Amendment to LDC Sections, as noted above, and found it
to meet the technical requirements and standards of review. In reviewing this application for a text amendment
to the LDC, the Planning and Zoning Commission shall consider and make the following determinations:
A. Whether the proposed amendment is in conflict with any applicable portions of the St. Lucie County
Land Development Code;
The proposed amendments are internally consistent with the Land Development Code. The amendments
provide definitions for the terms fence and wall, specifies industry standard construction materials to be used
for fences and walls, provides provisions for architectural, decorative, or entry features to exceed the
maximum height of the fence or wall, and provides authority to the Planning & Development Services
Director to authorize a fence up to six (6) feet in height in any required yard when it’s necessary for safety
purposes to separate residential property from a public use or facility. The amendments further clarify that a
building permit is not required for split-rail fencing and post-and-rail fencing within Agricultural Residential-
1 (AR-1) or Agricultural Zoning Districts. Additionally, consistent with Section 604.50, F.S., the
amendments clarify that building permits are not required for farm fences located on lands used for bona fide
agricultural purposes. The amendments further clarify that a fence or wall is considered an accessory structure
and that construction of a fence wall or hedge shall not interfere with drainage.
B. Whether the proposed amendment is in conflict with all elements of the St. Lucie County
Comprehensive Plan;
The proposed amendments are consistent with the St. Lucie County Comprehensive Plan. The following
specific goals, objectives, and policies from the Comprehensive Plan support the proposed Land
Development Code Text Amendment:
Goal 1.1: Ensure the highest quality living environment possible, through a mixture of land uses
reflecting the needs and desires of the local residents and how they want their community to develop. The
goal shall be implemented by strictly enforced building, zoning and development codes based on
objectives and policies that will enhance St. Lucie County's natural and man-made resources while
minimizing any damage or threat of degradation to the health, safety and welfare of the county's citizens,
native wildlife and environment, through incompatible land uses.
Objective 1.1.4: Implementing Land Development Code. Review and amend, as required, the County's
Land Development Code which support the implementation of the Future Land Use Element, and the
other components of the St. Lucie County Comprehensive Plan.
Policy 1.1.4.1: The Land Development Code shall maintain the specific and detailed provisions
necessary to implement the adopted Comprehensive Plan, and which at as a minimum include the
following:
a. Regulate the subdivision of land;
b. Regulate the use of land, air, and water consistent with all elements of the St. Lucie County
Comprehensive Plan, to ensure the compatibility of adjacent land uses and provide for adequate open
space;
c. Protect those areas designated for conservation purposes or that contain other special
environmental habitat as identified in the Future Land Use and other elements of the St. Lucie County
Comprehensive Plan;
d. Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater
management;
e. Protect potable water wellfields and aquifer recharge areas;
f. Regulate signage;
Page 62 of 197
Project Name: LDC Text Amendment
Fences, Walls, Berms, Hedges
File No.: TLDC-2303-000022
3
g. Provide minimum landscaping standards for all development that encourages the use and
protection of native and drought tolerant species in lieu of exotic and water consumptive plants;
h. Ensure safe and convenient on-site traffic flow and vehicle parking needs;
i. Provide that development orders and development permits shall not be issued which result in a
reduction of the levels of service for the affected public facilities below the level of service standards
adopted in this and other elements of the St. Lucie County Comprehensive Plan;
j. Provide for procedures and time schedules for acceptance of amendments to the St. Lucie County
Comprehensive Plan in accordance with the provisions of Section 163.3187, F.S.; and
k. Minimize noise and light pollution.
Objective 1.1.9: Residential Areas. Property owners' investments, their quality of life and the single-
family neighborhood, as a defined residential area, shall be protected from the encroachment of
commercial and/or other inappropriate land uses through consistent and predictable application of the
Land Development Code.
Policy 1.1.10.2: Require effective visual and light diffusion barriers between residential and non-
residential uses. Standards and requirements for such barriers are to be included in the landscaping
and screening regulations of the St. Lucie County Land Development Code.
C. Whether and the extent to which the proposed amendment is inconsistent with the existing and
proposed land uses;
The proposed text amendment is consistent with existing or proposed land uses.
The proposed Land Development Code Text Amendment addresses and clarifies provisions for fences, walls,
berms, and hedges, addressing construction materials, allowing for and providing for additional height for
columns, gates and decorative features, allowing for additional height for fencing on a residential property
adjacent to public use or public facility, providing for permit exemptions for agricultural properties; clarifying
that a fence or wall is considered an accessory use and that a fence, wall or hedge shall not interfere with
drainage.
D. Whether there have been changed conditions that require an amendment;
County staff is proposing updates to the Land Development Code to provide for consistency with state
statutes, the National Flood Insurance Program (NFIP) guidance, as well as address elements brought up by
members of the public during permitting, such as requests for entrance features and additional height for
columns and gates. The current LDC does not provide exceptions or authorization for additional architectural
and/or aesthetic features.
Additionally, the County is planning for and completing significant infrastructure projects, including
neighborhood drainage improvements, and in some instances, it may be necessary to provide for additional
fence height for increased safety or security purposes for the public use or public facility adjacent to a
residential property.
Further, Section 604.50, F.S., provides that farm fences located on lands used for bona fide agricultural
purposes, not including those lands used for urban agriculture, are exempt from the Florida Building Code
and any county or municipal code or fee, except for code provisions implementing local, state, or federal
floodplain management regulations.
E. Whether and the extent to which the proposed amendment would result in demands on public facilities,
and whether or to the extent to which the proposed amendment would exceed the capacity of such
Page 63 of 197
Project Name: LDC Text Amendment
Fences, Walls, Berms, Hedges
File No.: TLDC-2303-000022
4
public facilities, including but not limited to transportation facilities, sewage facilities, water supply,
parks, drainage, schools, solid waste, mass transit, and emergency medical facilities;
The proposed text amendment will not result in additional demands on public facilities. Site specific impacts
are addressed at the time of development permit application.
F. Whether and the extent to which the proposed amendment would result in significant adverse impacts
on the natural environment;
The proposed text amendment would not result in adverse impacts on the natural environment. The proposed
text amendment is not expected to increase development pressures on natural areas and does not modify or
exempt improvements from any of the County’s natural resource protection standards.
G. Whether and the extent to which the proposed amendment would adversely affect the property values
in the area;
The proposed amendment is not anticipated to have an adverse impact on property values in the area.
Addressing appropriate construction materials for fences/walls in residential zoning districts, allowing for
additional height for columns, gates, and decorative features, and allowing for additional height for fencing
on a residential property adjacent to public use or public facility, may positively impact property values.
H. Whether and the extent to which the proposed amendment would result in an orderly and logical
development pattern specifically identifying any negative effects of such patterns;
The proposed changes will maintain an orderly and logical development pattern for fences, walls, berms
within residential zoning districts. The proposed increases in height to account for architectural features, such
as entry columns or gates, is nominal and will not negatively effect the surrounding area.
I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony
with the purpose and intent of this code;
The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and
intent of this code.
J. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the
Board of County Commissioners, in review and consideration of the proposed amendment.
The Planning and Zoning Commission and the Board of County Commissioners may raise other matters
regarding the proposed Land Development Code Text Amendment.
STAFF RECOMMENDATION:
Staff finds this petition to meet the standards of review as set forth in Section 11.06.03 of the St. Lucie County
Land Development Code, and is not in conflict with the goals, objectives, and policies of the St. Lucie County
Comprehensive Plan.
Staff recommends the Planning & Zoning Commission forward a recommendation of approval to the Board of
County Commissioners.
Page 64 of 197
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JUNEAU, Alaska – Environmentalists lost the first
round of their legal battle over a major oil project on
Alaska’s petroleum-rich North Slope on Monday as a
judge rejected their requests to halt immediate con-
struction work related to the Willow project, but they
vowed not to give up.
The court’s decision means ConocoPhillips Alaska
can forge ahead with cold-weather construction work,
including mining gravel and using it for a road toward
the Willow project. Environmentalists worry that
noise from blasting and road construction could affect
caribou.
U.S. District Judge Sharon Gleason said she took
into account support for the project by Alaska political
leaders – including state lawmakers and Alaska’s bi-
partisan congressional delegation. She said she also
gave “considerable weight” to the support for Willow
by an Alaska Native village corporation, an Alaska Na-
tive regional corporation and the North Slope Borough,
while also recognizing that project support among
Alaska Natives is not unanimous.
Environmental groups and an Alaska Native or-
ganization, Sovereign Iñupiat for a Living Arctic, had
asked Gleason to delay construction related to Willow
while their lawsuits are pending. They ultimately want
Gleason to overturn the project’s approval, saying the
U.S. Bureau of Land Management failed to consider an
adequate range of alternatives.
Gleason said the construction work that Conoco-
Phillips Alaska plans for this month is “substantially
narrower in scope than the Willow Project as a whole,”
and the groups did not succeed in showing it would
cause irreparable harm before she makes a decision on
the merits of the cases.
Rebecca Boys, a company spokesperson, said Co-
nocoPhillips Alaska appreciates the backing it has re-
ceived from those “who recognize that Willow will pro-
vide meaningful opportunities for Alaska Native com-
munities and the state of Alaska, and domestic energy
for America.”
A ConocoPhillips Alaska executive, Stephen Bross,
warned in court documents that blocking construc-
tion could make it “impossible” for production to begin
by Sept.1, 2029, and the company risks having its
leases expire if the unit hasn’t produced oil by then.
One of the suits, filed by Earthjustice on behalf of
numerous environmental groups, says the govern-
ment analyzed an inadequate range of alternatives
“based on the mistaken conclusion that it must allow
ConocoPhillips to fully develop its leases.” It also says
the environmental review underlying Willow’s ap-
proval didn’t assess the full climate consequences of
authorizing the project because it didn’t analyze
greenhouse gas emissions from other projects in the
region that could follow.
The Willow project is in the northeast portion of the
National Petroleum Reserve-Alaska, where there has
been debate over how much of the region should be
available to oil and gas development.
The Biden administration in 2022 limited oil and
gas leasing to just over half the reserve, which is home
to polar bears, caribou, millions of migratory birds and
other wildlife. There are multiple exploration and de-
velopment projects within 50 miles of the Willow pro-
ject, including other discoveries being pursued by Co-
nocoPhillips Alaska, the state’s largest oil producer.
The other lawsuit, filed by Trustees for Alaska on
behalf of Sovereign Iñupiat for a Living Arctic and en-
vironmental groups, said federal agencies failed to
take a “hard look at the direct, indirect and cumulative
impacts” of the Willow project and the U.S. Fish and
Wildlife Service failed to address impacts to polar
bears, a threatened species under the Endangered
Species Act. Bridget Psarianos, lead staff attorney with
Trustees for Alaska, said in a statement that Gleason’s
decision is “heartbreaking for all who want to protect
local communities and prevent more devastating cli-
mate impacts in the Arctic and around the world. We
will do everything we can to protect the region while
the merits of our case get heard.”
Erik Grafe, deputy managing attorney for Earthjus-
tice in Alaska, said while this round of legal challenges
“did not produce the outcome we had hoped for, our
court battle continues.”
Justice Department lawyers had argued that last
month’s decision by the Biden administration approv-
ing Willow was “based in science and consistent with
all legal requirements.” They also said the environ-
mental review thoroughly analyzed emissions related
to the use of oil produced by the project and called the
analysis sought by Earthjustice overreaching.
Alaska oil
plan foes
lose 1st fight
Becky Bohrer ASSOCIATED PRESS
A federal judge ruled that groups challenging the
Willow Project did not succeed in showing that the
work ConocoPhillips Alaska plans for this month will
cause irreparable harm before she decides on the
lawsuits’ merits.MARK THIESSEN/AP FILE
ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY
PUBLIC HEARING AGENDA
Thursday, April 20, 2023
NOTICE OF A PROPOSED TEXT AMENDMENT
TO THE LAND DEVELOPMENT CODE
The St. Lucie County Planning and Zoning Commission is scheduled to review and make recommendations regarding the following County initiated proposal for adoption by the Board of County Commissioners of St. Lucie County, Florida, by Ordinance:
ORDINANCE NO.
FILE NO: TLDC-2303-000022
AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 2.00.00, DEFINITIONS, TO ADD THE TERM FENCE AND THE TERM WALL; AMENDING SECTION 8.00.04 TO ADDRESS AND CLARIFY PROVISIONS FOR FENCES, WALLS, BERMS AND HEDGES, ADDRESSING
CONSTRUCTION MATERIALS, ALLOWING FOR AND PROVIDING ADDITIONAL HEIGHT FOR
COLUMNS, GATES AND DECORATIVE FEATURES, ALLOWING FOR ADDITIONAL HEIGHT
FOR FENCING ON A RESIDENTIAL PROPERTY ADJACENT TO PUBLIC USE OR PUBLIC
FACILITY, PROVIDING FOR PERMIT EXEMPTIONS FOR AGRICULTURAL PROPERTIES;
CLARIFYING THAT A FENCE OR WALL IS CONSIDERED AN ACCESSORY USE AND THAT
A FENCE, WALL OR HEDGE SHALL NOT INTERFERE WITH DRAINAGE; PROVIDING FOR
CONFLICTING PROVISIONS; PROVIDING FOR APPLICABILITY AND SEVERABILITY;
AND PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR ADOPTION.
APPLICANT: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
PURPOSE: A County initiated Text Amendment to Land Development Code (LDC) Section 2.00.00, to create definitions for the term’s fence and wall. Amend Section 8.00.04 to
address and clarify provisions fences, walls, berms and hedges, addressing construction
materials, allowing for and providing for additional height for columns, gates and decorative
features, allowing for additional height for fencing on a residential property adjacent to public
use or public facility, providing for permit exemptions for agricultural properties; clarifying
that a fence or wall is considered an accessory use and that a fence, wall or hedge shall not
interfere with drainage.
The Planning and Zoning Commission PUBLIC HEARING on this item will be held in the
Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County on Thursday, April
20, 2023, beginning at 6:00 pm or as soon thereafter as possible.
All interested persons will be given an opportunity to be heard. Written comments received
in advance of the public hearing will also be considered. Written comments to the Planning
and Zoning Commission should be received by the Planning and Development Services
Department - Planning Division at least three (3) days prior to the scheduled hearing.
Comments will be distributed to the Commission in advance of the meeting and included in
the record provided the comments comply with the County’s rules. The petition file is available
for review at the Planning and Development Services Department – Planning offices located
at 2300 Virginia Avenue, Fort Pierce, Florida during regular business hours. Please call (772)
462-2822 or TDD (772) 462-1428 if you have any questions or require additional information about this petition.
The St. Lucie County Planning and Zoning Commission has the power to review and
recommend to the St. Lucie County Board of County Commissioners, for approval or
disapproval, any applications within their area of responsibility.
The proceedings of the Planning and Zoning Commission are electronically recorded.
PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any
decision made by the Planning and Zoning Commission with respect to any matter considered
at a meeting or hearing, he or she will need a record of the proceedings. For such purpose,
he or she may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based. Upon the
request of any party to the proceeding, individuals testifying during a hearing will be sworn
in. Any party to the proceeding will be granted an opportunity to cross-examine any individual
testifying during a hearing upon request. If it becomes necessary, a public hearing may be
continued to a date certain.
Anyone with a disability requiring accommodation to attend this meeting should contact the
St. Lucie County Community Risk Manager at least forty-eight (48) hours prior to the meeting
at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about this agenda may be referred
to St. Lucie County Planning Division at (772) 462-2822.
PLANNING AND ZONING COMMISSION/
LOCAL PLANNING AGENCY
ST. LUCIE COUNTY, FLORIDA
/S/ BOB LOWE, CHAIRMAN TR-GCI1041870-01
Page 65 of 197
SUGGESTED MOTIONS:
MOTION TO APPROVE
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT
THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE PROPOSED
TEXT AMENDMENT TO ADDRESS AND CLARIFY PROVISIONS FOR FENCES, WALLS, BERMS,
AND HEDGES, ADDRESSING CONSTRUCTION MATERIALS, ALLOWING FOR ADDITIONAL
HEIGHT FOR COLUMNS, GATES AND DECORATIVE FEATURES, ALLOWING FOR ADDITIONAL
HEIGHT FOR FENCING ON A RESIDENTIAL PROPERTY ADJACENT TO PUBLIC USE OR
PUBLIC FACILITY, PROVIDING FOR PERMIT EXEMPTIONS FOR AGRICULTURAL
PROPERTIES; CLARIFYING THAT A FENCE OR WALL IS CONSIDERED AN ACCESSORY USE
AND THAT A FENCE, WALL OR HEDGE SHALL NOT INTERFERE WITH DRAINAGE , BECAUSE...
[CITE REASONS WHY - PLEASE BE SPECIFIC]
MOTION TO DENY
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT
THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE PROPOSED TEXT
AMENDMENT TO ADDRESS AND CLARIFY PROVISIONS FOR FENCES, WALLS, BERMS, AND
HEDGES, ADDRESSING CONSTRUCTION MATERIALS, ALLOWING FOR ADDITIONAL HEIGHT
FOR COLUMNS, GATES AND DECORATIVE FEATURES, ALLOWING FOR ADDITIONAL HEIGHT
FOR FENCING ON A RESIDENTIAL PROPERTY ADJACENT TO PUBLIC USE OR PUBLIC
FACILITY, PROVIDING FOR PERMIT EXEMPTIONS FOR AGRICULTURAL PROPERTIES;
CLARIFYING THAT A FENCE OR WALL IS CONSIDERED AN ACCESSORY USE AND THAT A
FENCE, WALL OR HEDGE SHALL NOT INTERFERE WITH DRAINAGE , BECAUSE...
[CITE REASONS WHY - PLEASE BE SPECIFIC]
Page 66 of 197
ITEM NO. (ID # 2023-59679)
DATE: 4/20/2023
AGENDA REQUEST
TO: Planning and Zoning Commission
PRESENTED BY: Irene Szedlmayer, Senior Planner
SUBMITTED BY: Planning & Development Services
SUBJECT: Comprehensive Plan Text Amendment: Lennar Homes proposal to amend the
Towns, Villages & Countryside (TVC) Element
BACKGROUND:
This is the first of three anticipated public hearings on this request to amend the Towns, Villages, Countryside
Element of the Comprehensive Plan. Following receipt of a recommendation by the Planning and Zoning
Commission, the Board of County Commissioners (Board or BOCC) will hold a transmittal public hearing on the
proposed amendment. If the Board approves the transmittal of the amendment, an adoption public hearing
will follow.
PREVIOUS ACTION:
The Towns, Villages, Countryside Element of the Comprehensive Plan was adopted in 2006 and became
effective in 2009. In 2020, it was amended to reduce the minimum period of guaranteed affordability for
workforce housing from twenty-five (25) years to eight (8) years.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission recommend to the Board of County
Commissioners that transmittal of the proposed amendment be approved.
COMMISSION ACTION:
RESULT:
MOVER: None
SECONDER: None
AYES: None
NAYS: None
EXCUSED: None
Coordination/Signatures
Page 67 of 197
Date: April 14, 2023
Benjamin Balcer, Planning & Development Services Director
Date: April 14, 2023
Katherine Barbieri, Assistant County Attorney III
Page 68 of 197
Planning and Development Services Department
Planning Division M E M O R A N D U M
APPLICANT AND FILE INFORMATION
Applicant: Lennar Corporation c/o Gregory Pettibon Director, Land Acquisitions 8895 N. Military Trail, Suite 101-B Palm Beach Gardens, FL 33410 Applicant’s Agent: Cotleur & Hearing, Inc. Daniel Sorrow, PLA, AICP, LEED AP BD+C & Mariana Arias Sanz, AICP 1934 Commerce Centre Lane, Suite 1 Jupiter, FL 33458 Project Name: Lennar Homes - Towns, Villages, Countryside Text Amendment File Number: TCP-1202226266-26266
I. APPLICANT’S REQUEST - OVERVIEW
The Lennar Corporation has an interest in approximately 1,083 acres within the Towns, Villages, Countryside (TVC) Future Land Use designation that it wishes to develop for residential use. The land is in the AG-1, Agricultural-1 Zoning District and the TVC - Overlay Zone (Towns, Villages, Countryside).
Lennar has petitioned to amend Chapter 11 of the St. Lucie County Comprehensive Plan-the Towns, Villages, Countryside (TVC) Element-to allow a new form of residential development in the TVC Future Land Use designation. The proposed new form of
TO: St. Lucie County Planning and Zoning Commission (Local Planning Agency) THROUGH: Benjamin Balcer, AICP, Director Kori Benton, AICP, Planning Manager FROM: Irene A. Szedlmayer, AICP, Senior Planner DATE: April 14, 2023
SUBJECT: Lennar Homes’ Proposed Text Amendment to the Towns, Villages, Countryside (TVC) Element of the St. Lucie County Comprehensive Plan
Page 69 of 197
Project Name: TVC Text Amendment File No.: TCP-1202226266-26266
2
development is a TVC Hamlet.
II. PROCEDURE
This is the first public hearing on this request to amend the Towns, Villages, Countryside Element of the Comprehensive Plan. Following receipt of a recommendation by the Planning and Zoning Commission, acting as the Local Planning Agency (LPA), the Board of County Commissioners (Board or BOCC) will hold a public hearing on the proposed amendment.
If the Board determines to transmit the proposed amendment to the State Land Planning Agency, a thirty day period will allow various state and regional agencies to review and comment. State reviewing agencies may comment on important state resources and facilities within their respective jurisdictions that could be adversely impacted by the amendment if adopted. Regional comments are limited to adverse effects on regional resources or facilities identified in the strategic regional policy plan and extrajurisdictional impacts that would be inconsistent with another local government’s comprehensive plan. Following consideration of any substantive comments received from the state and regional reviewing agencies, and response by staff and/or the Applicant where applicable, the Board will hold an adoption public hearing.
The request to amend the St. Lucie County Comprehensive Plan is accompanied by a request to amend the St. Lucie County Land Development Code. The proposed Land Development Code amendments will also be the subject of three public hearings—one before the Planning and Zoning Commission and two before the Board.
It is important to emphasize that no Preliminary Development Plan is on the agenda of this public hearing. The proposed policies will be applicable to all parties who wish to develop a TVC Hamlet, where eligible.
III. BACKGROUND
Archived planning records indicate that between 2005 and 2007 several site plan applications sought to develop a residential subdivision on the 1,083-acre site which the Applicant for this amendment of the Comprehensive Plan currently has under contract. Two were apparently withdrawn before advancing to a public hearing. A PUD for 962 homes was approved in 2005, but that approval expired in 2007.
In 2006, following what was described in staff reports for previous applications as a two-year, in-depth, citizen-driven public engagement process (the North St. Lucie County Charette), the St. Lucie County Board of County Commissioners adopted the Towns, Villages, Countryside Element of the St. Lucie County Comprehensive Plan (TVC Element of the Comp. Plan or TVC Element). In 2006, the Board also adopted amendments to the Land Development Regulations (now the Land Development Code) to implement the TVC Element. The LDR amendments established the TVC Overlay
Page 70 of 197
Project Name: TVC Text Amendment File No.: TCP-1202226266-26266
3
Zone; the Planned Towns and Villages, Planned Country Subdivision, and the Planned Retail/Workplace Zoning Districts; and established the permitted uses and development standards applicable within the Overlay and the TVC zoning districts. The TVC Element and the LDC became effective in 2009. In 2011, “clean-up” type amendments were adopted to Chapter 3 and Chapter 4 of the LDC regarding the TVC.
Recently, development interest and activity in the TVC has increased. In August 2019, a Major Site Plan for a Publix Supermarket on Indrio Road at Emerson Avenue was approved. In November 2020, the Board approved the re-zoning from the AG-1 Zoning District to the PTV (Planned Town or Village) Zoning District for an 834.43 +/- acre site, known as Indrio & I-95, located south of Indrio Road and east of I-95, . The Preliminary Town or Village Development Plan provided for 1,878 dwelling units, 805 multi-family units, up to 1,000,000 sq. ft. of commercial use, including 88,000 sq. ft. of retail and a 24 pump gas station, an 18-acre school site, a 2-acre fire station site, and 22 acres for other civic sites. The approval allowed for up to 2,683 dwelling units by use of the multipliers for Transferred Development Credits. Both of those approvals remain valid.
In 2020, both the TVC Element of the Comprehensive Plan and the LDC were amended to reduce the minimum period of guaranteed affordability for workforce housing from twenty-five (25) years to eight (8) years.
Finally, in January 2022, Lennar Corporation, represented by Cotleur and Hearing, Inc., submitted a residential PUD for 1,083 acres and concurrently filed petitions to amend the St. Lucie County Comprehensive Plan and Land Development Code to make the proposed Development Plan possible. The subject land area is located north of Indrio Road, west of Koblegard Road, east of Spanish Lakes, and adjacent to the boundary between St. Lucie County and Indian River County. Review and revision of the proposed Preliminary Development Plan is on hold, pending the outcome of the petitions to amend the Comprehensive Plan and the Land Development Code (LDC). However, the proposed amendment of the Comprehensive Plan was motivated and shaped by the Preliminary Development Plan and the Preliminary Development Plan and petition to re-zone is dependent on adoption of the proposed amendments. No request to re-zone or approve a Preliminary Development Plan is on the agenda of this public hearing.
Page 71 of 197
Project Name: TVC Text Amendment File No.: TCP-1202226266-26266
4
Figure 1. Aerial image of the land within the TVC Future Land Use designation
St. Lucie County’s goals and vision for the Towns, Villages, Countryside Future Land Use designation as presented by the adopted Comprehensive Plan, Chapter 11, the Towns, Villages, Countryside (TVC) Element are that new development will be clustered in a series of compact, walkable Towns and Villages, which in turn are comprised of compact, walkable neighborhoods, surrounded by large swaths of
preserved open space, in the form of farms, native and natural habitat, and a connected flow way of water that has a chance to be filtered and cleaned before making its way downstream and into the Indian River Lagoon.
Lennar filed this proposed amendment of the Comprehensive Plan to permit development more consistent with its preferred model and to seek alternative means to increase the permitted number of dwelling units other than transferred development
I-95
Airport
Kings Hwy.
Indrio Road
Angle Road
Page 72 of 197
Project Name: TVC Text Amendment File No.: TCP-1202226266-26266
5
credits or utilization of other incentives currently offered by the TVC. The proposed amendment of the TVC Element is as follows:
1. Allow a residential Hamlet to be developed in the TVC as an alternative to the development of a new Town or Village.
2. The Hamlet must be developed as a Planned Unit Development (PUD).
3. A Hamlet must encompass at least 500 acres and it must be located outside of the Urban Services Boundary and can be developed at the density provided by the Transferable Development Value Map, which is Comprehensive Plan Figure 11-3 (one dwelling unit per acre (1 dua)).
4. A Hamlet must provide eight percent (8%) workforce housing units and provide 60% open space.
5. When the common open space includes active and passive recreation within one-quarter mile of the majority of residential units, the Hamlet may reduce the common open space to 50%.
6. When the common open space includes active and passive recreation within one-quarter mile of the majority of residential units, the Hamlet includes Civic uses, and at least one local store that supports the daily needs of the residents is provided, the Hamlet may reduce the common open space to 40%.
7. By increasing the number of workforce housing units to 9% or by acquiring Transferred Development Rights, the density may be increased to 2 dwelling units per acre.
8. By increasing the number of workforce housing units to 10%, providing 9% of the residential units as workforce housing and providing an on-site day care facility, or by acquiring Transferred Development Rights, the density may be increased to 3 dwelling units per acre.
9. Whereas the workforce housing provided in a TVC Town or Village which must remain affordable for only eight years, the workforce housing provided in a TVC Hamlet must remain affordable for twenty (20) years.
This staff report will first summarize and review the basic parameters of current TVC Comp. Plan Policies. The second section will review and summarize the proposed amendments requested by the Applicant. The third section will discuss and analyze the proposed changes.
Page 73 of 197
Project Name: TVC Text Amendment File No.: TCP-1202226266-26266
6
IV. BASIC PARAMETERS OF THE TVC ELEMENT (ADOPTED)
Comp. Plan Goal 11.1. for the Towns, Villages, Countryside Future Land Use designation is to “Establish a development framework that encourages a sustainable settlement pattern that preserves the rural character of St. Lucie County, protects and enhances the natural environment and increases the quality of life of the citizens.” The TVC Element seeks to achieve that goal through key policies regarding residential density, settlement patterns and form, the establishment of a future streets network and the establishment of a flow way.
I. Residential Density Pursuant to the Comprehensive Plan Goals, Objectives and Policies in the TVC Element, permitted residential density is a function of three factors:
1. The Transferable Development Value Map;
2. The Transfer of Development Rights; and
3. Application of the Multiplier assigned to certain types of favored development.
1. Transferable Development Value Map - Comprehensive Plan Figure 11-3 (1) Pursuant to Comp. Plan Policy 11.1.2.5., the 13,674 +/- acres within the TVC Future Land Use designation are assigned residential density by the Transferable Development Value Map. The Transferable Development Value Map, when adopted, assigned residential density consistent with the Future Land Use designations then in effect. The Transferable Development Value Map also established potential uses and intensities for land in the TVC which are not directly impacted by the proposed amendments. Development options in the TVC vary based on whether the subject land is inside or outside the Urban Services Boundary. Pursuant to Comp. Plan Policy 11.1.2.6, for a parcel that is outside the Urban Services Boundary and less than 500 acres, these options are available: 1. The land can be combined with other parcels to be developed as a Town or Village (minimum land area for a Town is 625 acres; for a Village it is 500 acres).
2. The land can be developed for individual home sites consistent with the
(1) For simplicity and consistency, if a Table or Figure used in this staff report is from the Comprehensive Plan, the Comprehensive Plan Table or Figure number will be used in this staff report.
Page 74 of 197
Project Name: TVC Text Amendment File No.: TCP-1202226266-26266
7
density assigned by the Transferable Development Value Map (generally a density of 1 dua).
3. The land can be retained in agriculture or its natural state.
4. The land can be retained in agriculture or its natural state coupled with a transfer of at least 90% of the Development Rights.
For parcels 500 acres or larger, development must take place in the form of a Town or a Village or the land must be retained in its agricultural or natural state. The pale orange color in Comp. Plan Figure 11-3 indicates residential density of up to one dwelling unit per acre. One dwelling unit per acre is the predominant residential density in the TVC Overlay, with a majority of the one dwelling unit per acre lands (i.e., AG-1) situated outside of the established Urban Service Boundary. (The exception is land west of Kings Hwy. and east of Emerson Avenue., which is inside the Urban Service Boundary but based on the previous AG-1 Future Land Use designation, is assigned 1 dua.) Comp. Plan Figure 11-3: Transferable Development Value Map
2. The Transfer of Development Rights In order to allow compact, walkable Town and Village neighborhoods on land assigned a density of one dwelling unit per acre, the TVC Element provides the ability to buy and sell or otherwise transfer Development Credits. A landowner
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who wants to develop his or her land at a density greater than one dwelling unit per acre (1 dua) can buy Development Credits from another landowner who may wish to retain agriculture on their property or who anticipates creating and maintaining only a few large lot rural residential estates. Each transferred Development Credit allows one dwelling unit. The value or price of a Development Credit is determined by a willing seller and a willing buyer. 3. The Multiplier for preferred development As previously stated, generally one Development Credit translates into one dwelling unit. However, in order to incentivize certain types of preservation and certain types of development, Comp. Plan Policy 11.1.7.7. and Table 11-4 makes available Multipliers to increase density. Multipliers can translate one Development Credit into more than one dwelling unit, as presented in Comp. Plan Table 11-4, below.
Comp. Plan Table 11-4 “Credit Matrix”
For example, when transferred from land preserved as Countryside and transferred to Workforce Housing, one Development Credit translates into 2.5 dwelling units. Similarly, one residential Development Credit transferred from land developed for higher education or a targeted industry, can be used to produce 2.5 dwelling units.
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The transfer of one development credit from outside of the Urban Services Boundary to inside the Urban Services Boundary can be used to construct two dwelling units. These are some of the TVC incentives eligible to support development consistent with established settlement guidelines. II. Settlement Patterns
The TVC Element seeks to shape development in the TVC area differently. Objective 11.1.4. is “To prevent suburban sprawl by restricting the development of
lands outside of the Urban Service Boundary to a system of compact, mixed-use, pedestrian-friendly Towns and Villages.” As expressed in Comp. Plan Policy
11.1.4.2., the TVC seeks to accomplish this Objective through these principles:
1. Neighborhoods - scaled on a 5 minute walk, 80 to 150 acres, with a well-defined edge.
2. Transect – Organization of development along a continuum of most intense to least intense.
Comprehensive Plan Figure 11-6: The Transect
3. Variety of Housing Types - Housing types include single-family, multi-family, townhouse, and mixed-use and are distributed throughout the neighborhood in relation to the principle of the Transect. Additionally, the TVC permits accessory dwelling units (ADUs) on single-family residential lots.
4. Civic Uses - Each Neighborhood shall contain at least one Civic building. Civic buildings are sited on locations of high public visibility and prominence, usually within or around public Open Spaces, or at the termination of vistas.
5. Walkable Blocks - typical block dimensions range between 300’ – 500’ on a block face and do not exceed 750’ on any single block face. Single blocks shall not exceed a total perimeter distance of 2,500 ft.
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6. Building Placement - Building types of like scale, massing, and uses shall face one another on a given street. To provide a harmonious transition, differing building types may be placed back-to-back on a single block. The primary entrance of every building shall directly face a street, a square, park, plaza, or green.
7. Street Network - Neighborhoods shall have an interconnected network of public streets designed to balance the needs of all users, including pedestrians, bicyclists and motor vehicles. Streets and buildings are designed so building height facing the street is proportional to the width of the street. Alleys are required in the mixed use areas to provide access for rear-loaded parking, municipal services, and loading and unloading of goods, allowing the street to be more safely and comfortably used by pedestrians and bicyclists. Alleys are
required for townhouse development.
8. Mix of Uses - Different neighborhoods have diverse characteristics and support varying amounts of mixed use. However, every neighborhood should support residential uses, provide a civic site, and have at least one Local Store.
9. Countryside - A significant amount of Open Space is designated for the Countryside to support and enhance the rural character; preserve and restore native habitats; provide opportunities for sustained agriculture; and help
mitigate the biological and ecological impacts of new development.
Objective 11.1.4. --“To prevent suburban sprawl by restricting the development of lands
outside of the Urban Service Boundary to a system of compact, mixed-use, pedestrian-friendly Towns and Villages.”—is accomplished through Policies 11.1.4.3, 11.1.4.4., 11.1.4.5., and 11.1.4.6. which together mandate development to take place in the form of a Town or Village, establish the standards and guidelines for Towns and Villages, and establish the minimum standards for open space in a Town (50%) and a Village (65%).
The TVC Element also establishes specific objectives for the creation, function and use of open space. Within TVC Towns and Villages, the majority of required Open Space must be in the form of Countryside. Comp. Plan Objective 11.1.5. is as follows:
“To establish a significant amount of land dedicated to the landscape and Countryside by permanently setting aside land for the community to provide public recreational areas, to maintain and improve the rural, agricultural quality of the area and to use the land to improve the health of both the
natural and built environment.”
Comp. Plan Objective 11.1.5. is implemented primarily through Comp. Plan Policies 11.1.5.1. through 11.1.5.7., which do the following:
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Encourage diverse vegetation, elevations, and drainage conveyances to promote the sustainability of both native and migratory species;
Require new development in North St. Lucie County to accommodate the volume of
treated wastewater produced;
Mandate that Countryside be comprised of agriculture, native habitat and
environmentally sensitive areas, the flow way system, community amenities such as recreation areas and parks or a golf course;
Allow a Town or Village to dedicate Countryside off-site; and
Encourage the linking of Countryside on different parcels and the establishment of Greenway Corridors to preserve the rural character of the area, maximize the aesthetics of the rural landscape, and protect functioning biological and ecological systems.
Finally, Comp. Plan Objective 11.1.6. provides for the establishment of a flow way. Comp. Plan Objective 11.1.6. is as follows: “To create a Flow Way System that is a backbone for comprehensive water management within the area, supportive of the objectives of the South Florida Water Management District and the Goals, Objectives and Policies of St. Lucie County’s Conservation Element, and that provides a linear regional park amenity.” Implemented through Policies 11.1.6.1. through 11.1.6.8., the flow way is intended to:
Be continuous; constitute a water management system that enhances the conveyance functions of existing drainage canals and incorporates the stormwater detention systems for new development to reduce runoff volume and improve water quality prior to discharge;
Be connected; to maximize both the aesthetics and functionality of the Flow Way, developments shall link the land necessary for water management both within the site as well as to any existing neighboring Flow Way System and, where possible, restore natural sheet flow.
Work in concert with the Countryside. Land devoted to the flow way counts as Countryside Open space.
Achieve a linear park; the Flow Way System is intended to create bicycle, walking and/or equestrian opportunities along the edges.
Be designed and landscaped consistent with the urban or rural quality of the surrounding area.
Before moving to the presentation of the proposed amendment, the next few paragraphs will evaluate the potential development of a hypothetical 1,000 acre in the TVC and outside the Urban Services Boundary pursuant to the TVC policies discussed above.
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Comp Plan Figure 11-3 assigned all land within the TVC and outside of the USB, one dwelling unit per acre (except for a small utility area) density. Therefore, on 1,000 acres, 1,000 dwelling units are permitted as a baseline. Pursuant to Comp. Plan Policy 11.1.2.6, the development of a parcel exceeding 500 acres, the development is required to be accomplished in the form of a Town or Village. Additionally, current TVC Policy requires 8% of dwelling units to be workforce housing (guaranteed to remain affordable for eight years.) TVC Policy assigns a 1.5 multiplier to Transferable Development Credits from the Countryside in a Town to the developed portion of the Town. Therefore, up to 1,300 dwelling units could be constructed on 400 acres with approximately 600 acres protected as permanent Countryside (such as agriculture, stormwater flow way, parks and open space) with no change to any policy or regulation, but the obligation to provide workforce housing has not yet been met. Comprehensive Plan Table 3-4 provides that Development Credits transferred from the Countryside to develop workforce housing have a multiplier of 2.5. As a result, the 600 Transferable Development Credits from the Countryside would yield 1,500 workforce dwellings in the Town. Therefore, 1,900 dwelling units could be developed on 400 acres with no Policy change and without transferring development Credits from any other property. (400 market rate plus 1,500 workforce housing based on the transferred credits on 600 acres times the 2.5 multiplier) If Development Credits from two parcels, each less than 500 acres but in combination equaling 500 acres, located elsewhere in the TVC, were transferred to the theoretical 1,000 acres, an additional 1,000 dwelling units could result. (The transfer of a development credit from a parcel less than 500 acres outside the USB to an eligible receiving site (a town or village is an eligible receiving site) receives a 2.0 multiplier. Therefore, with the transfer of off-site Development Credits on 500 acres to the theoretical 1,000-acre site, 3,000 dwellings (1500 market rate and 1500 workforce units) could be developed with no change in any policy or regulation. The resulting net density would be up to 7.5 dwelling units per acre on 400 acres along with approximately 1,100 acres of preserved open space. Of course, a theoretically possible plan may differ from what is pragmatically realistic. At 7.5 dwelling units per acre, many of the units would likely be townhouses and multifamily rather than detached single-family dwellings. The market demand for apartments and townhouses in St. Lucie County may not be as great as that for detached single-family dwellings. Additionally, acquisition of Transferable Development Credits requires time and effort with no certain outcome. The availability Transferrable Development Credits available for purchase is unknown. Further, in some markets Transferrable Development Credits are valued nearly as high as the fee simple interest. Finally, TVC policy and regulations applicable to the development of a Town or Village require the organization of development according to Transect Zones, require certain
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minimum percentages of the site area to be assigned to different transects, require certain street types according to the transect zone, and require certain lot types and building types by transect zone. The theoretical scenario identified above represents just one of numerous combinations of TVC incentives and Transferable Development Credits and demonstrates how substantially increased density can be achieved pursuant to the current policies and code. Nonetheless, staff recognizes that the requirements and the process may appear onerous. V. PROPOSED CHANGE: ALLOW A HAMLET IN THE TVC AND ESTABISH CORRESPONDING REQUIREMENTS
Currently, the TVC Element calls for most urban development to occur in the form of a Town or a Village. The proposed amendment will allow for urban development to also take the form of a Hamlet. County Staff and the Applicant have worked together for approximately one year to forge the proposal that is now being presented.
In numerous places, the proposed amendments simply add a Hamlet to other available development options. For example, Policy 11.1.2.6.; Policy 11.1.3.1.3., Objective 11.1.4.; Policy 11.1.4.3. are proposed to be amended to identify the Hamlet as a permitted development form.
Additionally, proposed Comprehensive Plan Policies establish the use, design and intensity requirements for a Hamlet. In the following sections, all blue text represents actual proposed Comprehensive Plan text. Chapter 11 of the Comprehensive Plan, the Towns, Villages, Countryside element, with the proposed amendments shown with strike-through for deletions and underline for new text is set forth in full in Attachment A to the Staff report. Proposed Comp. Plan Policy 11.1.4.6., provides as follows:
“Policy 11.1.4.6 – Hamlet. A Hamlet is a compact, pedestrian-friendly residential settlement with a variety of housing types and/or mixed-use development. The Hamlet shall consist of two or more compact, pedestrian-friendly, residential neighborhoods with a variety of housing types, recreational spaces and/or mixed-use development. A Hamlet may be developed outside the Urban Service Boundary, based on the following standards:
1. Hamlets shall be proposed and reviewed as Planned Unit Developments (PUDs), pursuant to St. Lucie County Land Development Code Section 7.01.00.
2. Policy 11.1.4.2., Settlement Principles, is not applicable in a Hamlet. The Settlement Principles applicable in a Hamlet are as follows :
a. Each Hamlet shall be scaled upon a five-minute walk radius
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(approximately ¼ mile, 1,320 feet, or area of 125 acres), as measured from the center of the settlement. The shape or form of the settlement is flexible and should respond to physical or geological conditions, provided that the maximum ¼ mile radius benchmark is generally maintained.
b. The Hamlet shall contain a mix of residential, civic, and recreation spaces. Hamlets are encouraged to include live/work units, office/flex coworking space, and at least one local store providing supportive retail goods and services.
c. The use of the Transect in Policy 11.1.4.2 and Figure 11-6 (and its hierarchy of zones including the Countryside, Neighborhood Edge, Neighborhood General, and Neighborhood Center) is not mandatory in a Hamlet. To the extent Transect zones can aid organization of the Hamlet, the use of the Transect is encouraged.
d. The Hamlet shall provide a variety of housing types and prices for a range of family sizes and incomes and may include owner-occupied as well as rental units. Housing types are defined by building types such as single-family, multi-family, townhouse, villas, apartments, mixed-use, etc., and distributed throughout the settlement.
The use of accessory dwelling units to provide dispersed rental housing within single-family development is encouraged. When proposed as part of a Hamlet, accessory dwelling units shall be evaluated to ensure concurrency between availability of public facilities and services and demand for such. When proposed by an individual lot owner, only verification of potable water and sanitary sewer service shall be required. A mobile home or recreational vehicle shall not constitute an accessory dwelling unit. Accessory dwelling units shall not constitute a unit for the purpose of calculating density. Accessory dwelling units shall not be counted towards fulfillment of a workforce housing requirement.
e. The Hamlet shall contain at least one Civic Building. Civic buildings shall be sited in locations of high public visibility and prominence, usually within or around public open spaces. Civic Buildings include but are not limited to community buildings, churches, libraries, schools, day care centers, recreation facilities, and places of assembly. Civic Buildings do not include retail buildings, residential buildings, or buildings with private offices.
f. Hamlets that are required to provide a school shall locate the school onsite. Planning for the school shall be coordinated with the School
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Board of St. Lucie County. Provision of school bus stops shall also be coordinated with the School Board.
g. The Hamlet shall encourage pedestrian mobility through provision of active and passive recreational spaces, including parks, playgrounds, green spaces, picnic areas, lakes, trails, and athletic facilities, as well as a street network comprised of walkable blocks and connectivity to areas outside of the Hamlet.
h. Hamlets shall contain no less than 40% common open space, as provided in Table 11-4. The establishment of a healthy ecosystem within the required open space, diverse vegetation, elevations, and drainage conveyances are encouraged to promote the sustainability of native and migratory species. Lakes, floodways, wetlands, and stormwater retention areas shall be interconnected to create the flow way to the maximum extent possible and shall include littoral and upland plantings to create habitat and improve water quality before such water leaves the Hamlet.
i. The residential settlement shall have an internally interconnected network of streets designed to meet the needs of all users, including pedestrians, bicyclists and motor vehicles and provide interconnectivity to the surrounding area outside of the Hamlet. The streets shall be functional and visually appealing. The needs of school buses shall be provided for and the accommodation of potential future transit considered in the design of the street network.
j. New Hamlets shall provide for the necessary links of the Future Street Network (FSN) Plan (Figure 11-15 and Table 11-9) at the time of development. The alignment of the regional roadway network outlined in the Future Street Network Plan (Comp. Plan Figure 11-15) is adaptable provided its intent is maintained. Final alignments shall be subject to approval by St. Lucie County. Roadway capacity necessary to support proposed development shall exist or be built concurrently with the proposed development to ameliorate the impact created by new growth.
k. A Hamlet may be developed in more than one (1) phase. No more than three (3) years shall elapse between the completion of any phase and the submission of a Site Plan application for the next, and the final phase shall be completed within twenty (20) years of the date of approval of the initial Final Development Site Plan.
l. Development of a Hamlet must provide public water service and wastewater service.
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Table 11-4 Hamlet Requirements Size
Minimum Land Area: 500 acres
Maximum Land Area: none
Open Space
a. Common Open Space required: 60%
b. Common Open Space required when the Hamlet open space includes active and passive recreation within one-quarter mile of the majority of the residential units:
50%
c. Common Open Space required when the Hamlet provides a mix of residential, civic uses, common open space including active and passive recreation within one-quarter mile of the majority of the residential units, and at least one local store that supports the daily needs of its residents:(1)
40%
Density Allowed
a. (1) Maximum Average Density allowed when at least nine percent (9%) of the dwelling units are workforce housing:(2) or
(2) Density may be achieved by acquisition of Development Rights through the TDR Program:(3
2 dwelling units/ acre
b. (1) Maximum Average Density allowed when at least ten percent (10%) of the dwelling units are workforce housing units:(2)
or
(2) Maximum Average Density allowed when at least nine percent (9%) of the dwelling units are workforce housing units(2) and an on-site day care facility is provided:(2) or
(3) Density may be achieved by acquisition of Development Rights, through the TDR Program:(3)
3 dwelling units/ acre
Notes to Table 11-4 (1) A third-party lease agreement is not required for the local store.
(2) In a Hamlet, workforce housing must meet the following standards:
a. Monthly rent or mortgage payment including taxes, insurance, and utilities
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does not exceed 30 percent of that amount which represents no more than 120% of the area median income for households, adjusted for household size.
b. Affordability must be maintained for a minimum of twenty (20) years, or the period of affordability specified by the funding secured by the developer, whichever is longer.
c. The workforce housing units may be rental units or for-sale units and may be constructed as the same unit type (i.e., apartments, townhouses, etc.) but shall include a variety of unit sizes and price ranges.
d. The workforce housing units shall be completed and receive a certificate of occupancy prior to the completion and issuance of a certificate of occupancy of sixth percent (60%) of the market rate units.
e. In the event the County develops alternative methodologies to address affordable and workforce housing, the Board of County Commissioners may consider these alternative methodologies, at the applicant’s request.
f. The County may establish a payment-in-lieu program for WFH unit reduction. The amount of payment-in-lieu shall be established by St. Lucie County and updated on a yearly basis."
(3) The details of the TVC Transfer of Development Rights Program are provided in Section 4.04.05., LDC.
Neither the Comprehensive Plan nor the Land Development Code provide express guidance or rules to govern consideration of proposed amendment of the text of the Comprehensive Plan. The text of the St. Lucie County Comprehensive Plan is a legislative policy document, adopted by the Board of County Commission. A proposed amendment of the text is necessarily a proposal to change County policy. Florida Statutes, Section 163.3177(1) provides that the Comprehensive Plan must establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and regulations.
The Towns, Villages, Countryside Element of the Comprehensive Plan, as proposed to be amended by the Applicant is set forth in full as Attachment A to this Staff report. The text in BLUE represents the text of the Applicant’s proposed amendment.
The text represents a major change to the TVC Objectives and Policies regarding
AMENDMENT OF THE TEXT OF THE
THE ST. LUCIE COUNTY COMPREHENSIVE PLAN
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residential density, transfer of development rights and urban form. The proposed regulatory flexibility is offered in exchange for the provision of marginally more affordable housing units that must remain affordable for a significantly longer period than required by current Policy.
VI. ANALYSIS OF THE AMENDMENT: The TVC Future Land Use designation, within the North St. Lucie County Special Area Plan, was recognized due to the special nature of its large-scale productive agriculture and the possibility of accommodating population growth and urban development in a more sustainable way that also improves the residents’ quality of life and preserves a rural character in this part of the County. The vision is to accommodate in compact, walkable Towns and Villages surrounded by continuing agriculture, natural resources, and countryside. The County’s goal for the Towns, Villages, Countryside Future Land Use designation is this: “Establish a development framework that encourages a sustainable settlement pattern that preserves the rural character of St. Lucie County, protects and enhances the natural environment and increases the quality of life of the citizens.” [Comp. Plan. Goal 11.1] WORKFORCE HOUSING What is Workforce Housing? While the TVC Element references the State Housing Initiative Partnership (SHIP) and the Community Development Block Grant Program (CDBG),2 and the Housing Element (Chapter 3 of the Comp. Plan) makes several references to “affordable and workforce housing,” no definition of workforce or affordable housing is provided in the Comp. Plan. For purposes of a TVC Hamlet, the proposed amendment of the TVC Element in the Notes to Table 11-4, provides as follows: “Workforce Housing in a Hamlet means housing that is affordable to a household that has income equal to 120% of area median income.”
(2) The Community Development Block grant program serves primarily low and moderate income persons, which for this program means persons with income that does not exceed 80% of area median income. The State Housing Initiatives Partnership requires at least 30% of funds be reserved for very-low income households (up to 50% of the area median income or AMI); 30% must be reserved for low income households (up to 80 percent of AMI). Up to 30% may be reserved for households with incomes up to 140% of AMI.
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“Being “affordable” means that monthly rent or mortgage, taxes and insurance do not exceed 30% of monthly income for those with income at 120% of area median income, adjusted for household size.” The U.S. Department of Housing and Urban Development has determined that annual median household income for St. Lucie County is $84,500(3). Median means half of households have higher annual income and half the households have lower annual income. Therefore, 120% of annual median household income is $101,400 which translates into $8,450 income per month. Affordable rent to households with that income would be $2,535/month. How many Workforce Housing Units will a Hamlet provide? As provided in proposed Comprehensive Plan Table 11-4, a parcel or combination of parcels of at least 500 acres can choose to develop as a Hamlet. A Hamlet starts with a base density of 1 dua, a 60% common open space requirement, and the requirement to include 8% of the residential development as workforce units. A Hamlet can receive a density bonus to 2 dua by providing at least 9% of the residential units as workforce housing. A Hamlet can develop 3 dua if at least 10% of the residential units constitute workforce housing. A Hamlet retains the ability to increase density through the purchase of Development Credits. In a Hamlet, like in a Town or Village, a purchased Development Credit can result in more than one dwelling unit, if for example, the Development Credit is transferred from Countryside to develop workforce housing or is transferred from a site developed for a Targeted Industry or Higher Education. These three multipliers— countryside to workforce housing, targeted industry and higher education—transform one Development Credit into permission to construct 2.5 dwelling units. How long will the housing remain affordable? As required by Comp Plan Policy 11.1.4.8., TVC Towns and Villages must provide at least 8% of the residential development as workforce housing and maintain its affordability for eight years. As proposed in this amendment, a TVC Hamlet also must provide 8% of the residential units as workforce housing, but a Hamlet must maintain the affordability for a period of 20 years! This 20-year affordability period forms the primary basis for staff’s recommendation of approval for the amendments. In exchange
(3) Median household income is not the same as an employee’s earnings from work. For the third quarter of 2022, average weekly earnings for the 85,900 people working in St. Lucie County was $979, which equates to $50,908 annually. Median household income includes the income of all household members. Source: County Employment and Wages in Florida — Third Quarter 2022 : Southeast Information Office : U.S. Bureau of Labor Statistics (bls.gov) (accessed April 10, 2023)
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for the commitment to maintain the affordability for 20 years, Table 11-4 provides a reduced open space requirement. Additionally, the developer of a Hamlet is rewarded if more than 8% of the residential development is Workforce Housing. If a Hamlet provides 9% of its residential development as Workforce Housing, the residential density is increased from 1 dua to 2 dua. If a Hamlet provides 10% of its residential development as Workforce Housing, the residential density is increased to 3 dua. The developer of a Hamlet is not precluded from attaining a density of 2 dua or 3 dua through the Transfer of Development Rights. OPEN SPACE If located outside of the Urban Services Boundary, a Town must provide 60% open space and countryside and a Village must provide 75% open space and countryside. A Hamlet, like a Town, must provide 60% of the total development site as common open space. Pursuant to LDC Section 7.01.03.I., standard residential PUDs in St. Lucie County must provide only 35% open space. The required minimum common open space provided by a Hamlet is reduced from 60% to 50% if the common open space includes active and passive recreation within one-quarter mile of the majority of residential units. If the Hamlet provides a mix of residential, civic uses, common open space including active and passive recreation within one-quarter mile of the majority of the residential units, and at least one local store that supports the daily needs of its residents, the minimum common open space is reduced to 40%.
Since at least the 1970s, the transfer of development rights has been advocated across the United States as an equitable means to preserve farms and natural lands. Transfer of Development Rights is a very similar concept to a residential development that includes a golf course. The golf course comprises a large expanse of open space and the residential density from that open space is transferred and clustered on other parts of the site. The difference in the TVC Transferable Development Credits program is that Development Credits can be transferred between different property owners for different parcels of land that are not being developed as a common project. The sale of Development Credits allows a landowner to realize some of the benefit of the value of the land for development while preserving the land as countryside and retaining private ownership. While a Hamlet may choose to take advantage of the Transfer of Development Rights to increase density beyond the assigned 1 dua, it is not required to do so. This is a major policy concession made in exchange for the development of Workforce Housing. FLOW WAY The aspirations and requirements for the Flow Way remain applicable to TVC Hamlets.
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Because the entire 1,083 acres land is under single control, the stormwater system and water flow can remain connected to a greater extent than when smaller parcels are under divergent ownership. VII. COMPREHENSIVE PLAN GOALS, OBJHECTIVES AND POLICIES SUPPORTED BY THE PROPOSED AMENDMENT The Development Review Committee (DRC) has reviewed this petition and determined it complies with the following Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Goal 1.1: Ensure the highest quality living environment possible, through a mixture of land uses reflecting the needs and desires of the local residents and how they want their community to develop. The goal shall be implemented by strictly enforced building, zoning and development codes based on objectives and policies that will enhance St. Lucie County's natural and manmade resources while minimizing any damage or threat of degradation to the health, safety and welfare of the county's citizens, native wildlife and environment, through incompatible land uses. Objective 1.1.2: Growth Management. St. Lucie County shall manage how and where growth occurs by using sustainable development and balanced planning practices. The County shall manage the land use patterns designated on the Future Land Use Map comprehensively, consistently, and effectively to enhance the quality of life for its citizens, promote economic vitality, and accommodate projected population growth and development in an environmentally acceptable manner. Objective 1.1.3: Agricultural Sustainability. Provide in the Land Development Code provisions for a compatible and coordinated land use pattern which establishes agriculture as the primary use outside of the urban service boundary and promotes retention of agricultural activities, preserves natural resources and maintains native vegetative habitats and allows new development in accordance with the Towns, Villages and Countryside Goals, Objectives and Policies for settlement outside of the urban service boundary within the Special Area Plan for North St. Lucie County. Policy 1.1.3.4: Provide the means to manage growth within the agricultural land use categories through the orderly delivery of services concurrent with the impacts of development. It is anticipated that over time portions of the agricultural land use categories will be converted to urban uses as services are provided; however, the physical extension of County provided central sewer and water services shall only occur consistent with the other provisions of this Plan. Policy 1.1.3.6: Provide adequate buffering and/or setbacks between agriculture and nonagricultural uses to protect such agricultural uses from adverse impacts
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associated with encroachment of non-agricultural development or creation of nuisances by agricultural operations, with the use of Agricultural Best Management Practices. Objective 1.1.5: Urban Sprawl. Consider changes to the future land use plan based upon smart growth, energy-efficient land use patterns and discouraging the proliferation of urban sprawl. Policy 1.1.5.1 - Consistent with other policies, encourage the location of urban land use intensities, within the defined urban service boundary and authorize density bonuses or other incentives for developments inside the urban service boundary that conform to the Settlement Principles outlined in Policy 11.1.4.2 (TVC) and provide affordable/workforce housing and/or mixed-use development. Discourage the conversion of property in the suburban areas to higher intensity urban uses except where such conversions conform to the Settlement Principles outlined in Policy 11.1.4.2. Prohibit the conversion of property in the agricultural areas to high intensity urban uses except as specifically permitted or required in the Towns, Villages and Countryside (TVC) Element or other programs designed to preserve agricultural lands as approved by the Board of County Commissioners. Policy 1.1.5.2: Require that new development be designed and planned in a manner which does not place an economic burden upon the services and facilities of St. Lucie County. Policy 1.1.6.1: Urban development activities shall be restricted to that area identified as the Urban Service Boundary in the Future Land Use Map series or to special area plans adopted within the Towns, Villages and Countryside Element. Urban development activities are defined, for the purpose of this Policy, as any residential development activity in excess of two units to the gross acre, any non-agricultural commercial activity or any non- extractive/non-agriculturally related industrial activity… Goal 3.1: To provide guidance, based on accepted planning principles, for the provision of housing resources for all citizens through public/private cooperative arrangements. Objective 3.1.1: The County shall ensure the creation and/or preservation of affordable housing for all current and anticipated future residents of the jurisdiction, and households with special housing needs including rural and farmworker housing, workforce housing as well as adequate sites and distribution of housing for very-low-income, low-income and moderate-income households. Policy 3.1.1.1 - To provide sufficient land to meet the future housing needs, the
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Future Land Use Map shall provide future land use designations that allow a variety of housing types, affordability and densities. Goal 3.2: To provide an adequate mix of safe and sanitary housing that meets the needs of existing and future St. Lucie County residents. Objective 3.2.1: The County shall, as needed, review the housing needs within the Unincorporated County of all income groups and shall amend the Comprehensive Plan and the Land Development Code as necessary. Policy 3.2.1.1 - The County shall review housing affordability based upon property values to ensure efficiency of the workforce and affordable housing delivery system. Policy 3.2.1.2 - Consider developing guidelines for an inclusionary housing program that provides incentives for private development to include a portion of residential units. Objective 3.2.5: Sites suitable for low and moderate-income housing shall be maintained in the County to meet the current and projected population needs. Policy 3.2.5.1 - The County shall maintain Residential High (RH) designation in order to provide options for development of low and moderate income housing. Policy 3.2.5.2 - The Towns, Villages, and Countryside (TVC) Element shall continue to require the creation of workforce housing within the designated TVC area. VIII. PUBLIC NOTICE & NEIGHBORHOOD MEETING Notice of this Public Hearing was published in the newspaper on Friday, April 6, 2023. Cotleur & Hearing, the Applicant’s Agent, held two neighborhood meetings regarding proposed development concepts for land within the TVC, adjacent to Spanish Lakes. IX. STAFF RECOMMENDATION
Staff recommends that the Planning and Zoning Commission review the staff report, receive the presentations by Staff and the Applicant, and ask questions of the Staff and Applicant. Staff further recommends that the Planning and Zoning Commission forward to the Board of County Commissioners a recommendation that the Board approve the
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Project Name: TVC Text Amendment File No.: TCP-1202226266-26266
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transmittal of the proposed amendment of the Chapter 11 of the St. Lucie County Comprehensive Plan, the Towns, Villages, Countryside Element
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TOWNS, VILLAGES AND THE COUNTRYSIDE ELEMENT GOALS, OBJECTIVES AND POLICIES
Goal 11.1: Establish a development framework that encourages a sustainable settlement pattern
that preserves the rural character of St. Lucie County, protects and enhances the natural environment and increases the quality of life of the citizens.
Objective 11.1.1: To ensure that new development in the existing agriculture areas is predictable and responds to the vision of the citizens of St. Lucie County.
Policy 11.1.1.1 - Special Area Plans. Special Area Plans form a basis for amending the Future Land Use Map in existing undeveloped areas. These plans shall be created with a high degree of citizen participation and shall be submitted as part of the data and analysis
required to amend the Future Land Use Map. The Special Area Plans shall: 1.Delineate the planning area;2.Review the existing land use and zoning;3.Analyze the existing transportation issues including the potential impact ofnew development;4.Analyze water management issues;5.Address other challenges and opportunities within the area;6.Create a “to scale” map that clearly illustrates a neighborhood structure, a
network of streets and blocks including residential, retail, commercial, civicuses and locations for public open space;7.Identify the appropriate location and amount of new retail. Retail growth shall
be planned and projected for the next year, five years and fifteen years basedon the existing and projected transportation and infrastructure systems, themarket conditions and appropriate trade areas;
8.Identify the appropriate location and amount of new commercial uses;9.Identify any natural resources that are to be protected or maintained;10.Provide illustrations that depict the proposed scale and character of thedevelopment of the area;11.Establish a financial strategy for the building, operation and maintenance ofinfrastructure;12.Provide a Transferable Development Value (TDV) Map;13.Provide a Transfer of Development Rights credit matrix; and14.Provide a maximum allowable development program. This program will serveas a basis for setting and evaluating levels of service and will quantifydevelopment authorized by the Special Area Plan.
Policy 11.1.1.2 - Adopted Special Area Plans. Adopted Special Area Plans include the following:
1)North St. Lucie County Special Area Plan. The settlement strategies generated during thecharrette process for the Special Area Plan for North St. Lucie County (NSLC) are outlined
in the North St. Lucie County Charrette Master Plan Report that is included as data andanalysis supporting the creation and implementation of the Towns, Villages and Countryside(TVC) Element and future land use designation.
EXHIBIT A
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a) North St. Lucie County Special Area Plan General Location Map. Figure 11-1 depicts the area included in the NSLC Special Area Plan. b) North St. Lucie County Towns, Villages and Countryside Map. Figure 11-2 depicts the area in the NSLC Special Area Plan that has a future land use designation of TVC. c) North St. Lucie County Maximum Allowable Development Program. Development
within the NSLC Special Area Plan that has a future land use designation of TVC is limited by the amount set forth in Table 11-1. Table 11-1 North St. Lucie County Maximum Allowable Development Program Use Amount Permitted Residential Dwelling Units 37,500 units Commercial / Retail Uses 5,000,000 square feet Industrial Uses 464 acres
The maximum development amounts in the above table apply only within the area that has the TVC land use designation, as depicted on Figure 11-2. For example, and without limitation of the foregoing statement, the retail uses depicted outside the area
of the TVC land use designation on Figure 11-13, North St. Lucie General Retail Development Plan, both to the east and the west of the TVC land use designation area, are not limited by the Maximum Allowable Development Program as set forth in
this Policy 11.1.1.2(c). This shall not be deemed to limit or modify provisions of this Comprehensive Plan as they may apply outside the area that has the TVC land use designation. d) Within 90 days following the County’s approval of any final development order allowing a commercial/retail use by which the total amount of commercial/retail (including office) use approved for development within the area subject to the TVC land use designation equals or exceeds 3,500,000 square feet of building area, the County shall initiate a special review process by which it shall consider whether a Plan amendment is appropriate that would increase the maximum of 5,000,000 square feet of commercial/retail uses, including any appropriate regional commercial
use, permitted within such area as set forth in Policy 11.1.1.2(c) Table 11-1, Maximum Allowable Development Program.
e) North St. Lucie County Transferable Development Value (TDV) Map. Figure 11-3 establishes the TDV Map for NSLC.
2) [Reserved for additional Special Area Plans to be included as approved]
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Objective 11.1.2: To create an incentive-based policy framework that limits growth in the Towns, Villages and Countryside areas to a sustainable model of development while maintaining the community’s rural character and improving the citizens’ quality of life. Policy 11.1.2.1 - Establish the Framework. The framework shall be known as Towns, Villages and Countryside (TVC) and shall be a separate future land use map designation governed by the Goals, Objectives and Policies of the TVC Element.
Policy 11.1.2.2 - Application. The TVC Element shall apply to those portions of the County where the TVC land use designation has been adopted; however, all other policies of the St.
Lucie County Comprehensive Plan apply, except where specifically addressed by the TVC. The Goals, Objectives and Policies of this element are interrelated and are to be applied in their entirety to new development. Policy 11.1.2.3 - Urban Services - Proposals to build in accordance with the Goals, Objectives and Policies of the TVC Element and the intent of the approved Special Area Plan
shall be eligible to receive urban services even if such developments are located outside the Urban Service Boundary (USB). Providing urban services to such development does not trigger an expansion of the USB. Development outside of the USB that does not meet the requirements of the TVC Element is not eligible to receive urban services, even if such development is proposed in proximity to a service extension that has been provided for another development approved under the TVC. Planned Unit Developments (PUDs) are not exempt from this policy. Parcels that develop in
accordance with Policy 11.1.2.6(56) and (7) may also be eligible to receive urban services. Outside of the TVC area, Future Land Use Objective 1.1.5 and its policies shall govern the provision of Urban Services. Policy 11.1.2.4 - Expedited review process. The County shall establish an expedited process for rezoning and development review within six months of the effective date of the TVC
Element. Since the TVC Element provides incentives for large-scale settlement plans, and does not provide incentives for piecemeal development, the expectation is for an assemblage of coordinated development plans that may result in numerous projects meeting the threshold for Development of Regional Impact (DRI) review process. The County will work with the Treasure Coast Regional Planning Council to reduce Council’s DRI the review process to ninety days for projects that propose to build in accordance with an approved Special Area
Plan and the TVC Goals, Objectives and Policies. A development proposal that meets the threshold for DRI review, but does not propose to build in accordance with an approved Special Area Plan or in accordance with the TVC Goals, Objectives and Policies, is not eligible for the TVC expedited review process. Policy 11.1.2.5 - Transferable Development Value (TDV) Map. The TDV Map (Figure 11-3) establishes the potential uses, densities and intensities for properties in the TVC area, as established in the pre-existing Future Land Use Element as of [date of adoption of TVC amendment]. The TVC Element shall not limit the underlying potential densities or intensities, as established by the pre-existing Future Land Use Element. New nonresidential uses allowed pursuant to the pre-existing Future Land Use Element shall be encouraged to follow
the retail and workplace strategies outlined in this element and shall follow the TVC Land Development Regulations. The potential densities and intensities on the TDV Map may be increased by the application of the policies in the TVC Element. Furthermore, for
development that conforms to the TVC Element, any excess transferable development rights
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remaining on the site after the application of the TVC Land Development Regulations may be transferred under the TDR Program outlined by Objective 11.1.7. Policy 11.1.2.6 - Options for Development Outside of the Urban Service Boundary. Properties located outside of the Urban Service Boundary (USB) have several options for development in the TVC area:
1. Develop a Town, or Village, or Hamlet in accordance with the requirements of the TVC Element; or 2. Submit a joint application with other property owners to develop a Town, or Village,
or Hamlet in accordance with the requirements of the TVC Element; or 3. Maintain the property in its natural state or for existing and new agricultural uses consistent with the adopted agricultural zoning designations. Such uses are
encouraged to remain and may be expanded over time; or 4. Maintain the property in its natural state or for agricultural uses and utilize the Transfer of Development Rights (TDR) Program outlined under Objective 11.1.7
for the sale and transfer of at least 90% of the unused transferable development rights to an eligible receiving site within the approved Special Area Plan; or, 5. For parcels less than 500 acres in size, utilize the TDR Program to transfer a minimum of 90% of the transferable development rights to an eligible receiving site within the approved Special Area Plan. The property may be subdivided into individual home sites using up to 10% of the transferable development rights. Such home sites are eligible to receive urban services at the property owners’ expense after 90% of the transferable development rights has been permanently set aside
for future transfer; or 6. For parcels less than 500 acres in size, subdivide the property into individual home sites with densities and intensities equal to or less than the number permitted by the transferable development rights. Such properties are not eligible for the incentives offered by the TVC, including access to urban services and utilization of the TDR Program. New development shall connect roadways, trails and open
space and be compatible with existing adjacent development, without affecting the property’s existing density and intensity. 7. For parcels of 500 acres or greater, a Hamlet may be developed, in accordance with Policy 11.1.4.6. The Hamlet shall consist of compact, pedestrian-friendly residential settlement with a variety of housing types. Home sites within a Hamlet are eligible to receive urban services at the property owners’ expense. New
development of a Hamlet must ensure compatibility with existing or planned nearby development and provide connectivity of roadways, trails, open space, and a flow way. Policy 11.1.2.7 - Subdivision Limitations. Existing parcels of record as of [date of the adoption of the TVC] that are 500 acres or more in size and located outside of the Urban Service Boundary (USB), shall develop in accordance with Policy 11.1.2.6 (1),(2),(3), or (4) or (7). Policy 11.1.2.8 - Right to Farm: At a minimum, Florida’s Right to Farm laws apply to existing and new agricultural uses in the TVC. Owners of the land are encouraged to initiate, continue, and expand agricultural operations and shall be protected in accordance with the allowances
of the agricultural zoning district that applies to the land. Objective 11.1.3: To provide incentives to reallocate potential development from areas located
outside of the Urban Service Boundary (USB) to appropriate areas located inside the USB.
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Policy 11.1.3.1 - Incentives for Development Inside the USB. 1. County Incentives. For projects that conform to the TVC Land Development Regulations and, additionally, provide affordable housing, workforce housing or propose mixed-use development, the County may offer incentives such as, but not limited to, expedited permit review or density bonuses as established by the County Commission.
2. Reduced Requirements. To encourage development within the USB, new development has the following reduced requirements:
a. Incremental development is permitted. New development does not have a minimum parcel size. Existing parcels may subdivide into individual building sites. New development shall follow the TVC Land Development
Regulations to ensure connectivity and compatibility with existing adjacent development, without affecting the property’s existing density and intensity. b. Towns and Villages have reduced requirements for Open Space &
Countryside, and consequently for overall minimum size as outlined in Table 11-2 and Table 11-3. 3. Transfer of Development Rights (TDR) Program. For projects that conform to the Goals, Objectives and Policies of the TVC Element, the TDR Program outlined by Objective 11.1.7 establishes density bonuses to encourage development inside the Urban Service Boundary (USB) and transfers of density from eligible sending sites outside of the USB to designated receiving sites inside of the USB or Towns,
Villages and Hamlets. Projects that propose to build a Town or Village may also transfer any unused transferable development rights remaining on the subject property as set forth in the TDR Program outlined by Objective 11.1.7. 4. Potential Densities and Intensities. The TVC Element shall not limit the underlying potential densities or intensities, as established by the pre-existing Future Land
Use Element as of [date of adoption of TVC amendment]. New non-residential uses allowed pursuant to the pre-existing Future Land Use Element are encouraged to follow the retail and workplace strategies outlined in this element and shall follow the TVC Land Development Regulations. The potential densities and intensities on the TDV Map may be increased by the application of the policies in the TVC Element.
Objective 11.1.4: To prevent suburban sprawl by restricting the development of lands outside of the Urban Service Boundary to a system of compact, mixed-use, pedestrian-friendly Towns, and Villages and Hamlets. Policy 11.1.4.1 - TVC Development. Development within the TVC is intended to do the following:
• Preserve the rural character, encouraging opportunities for continued agriculture;
• Offset biological and ecological impacts of new development;
• Improve the water quality within the Indian River Lagoon;
• Manage water comprehensively throughout the area;
• Provide an interconnected system of native habitat preserves, greenways, parks, and open space;
• Reduce automobile trips;
• Balance housing with workplaces, jobs, retail and civic uses;
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• Provide a variety of housing types to support residents of diverse ages, incomes,
family sizes, and lifestyles;
• Create predictability and efficiency in planning and in the provision of infrastructure;
• Allocate infrastructure and public service costs to provide for fiscal neutrality. Policy 11.1.4.2 - Settlement Principles. Neighborhoods form the basic building block for all new Towns and Villages within the TVC (Figure 11-4). The components of a Neighborhood shall be arranged to be compatible in scale and character with existing adjacent uses.
Neighborhoods shall exhibit the following characteristics: 1. Neighborhood Size. The neighborhood size shall be scaled upon a five-minute walk radius (approximately ¼ mile, 1,320 feet, or area of 125 acres), as measured from the Neighborhood Center (Figure 11-5). In general, each neighborhood shall have well defined edges and range from 80 to 150 acres in size, not including the land set aside for the Countryside component. The shape or form of the neighborhood is flexible and responds to physical or geological conditions, provided that the maximum ¼ mile radius benchmark for scale is generally maintained. For example, proposed development within a Net Developable Area of 200 acres should create two distinct
neighborhoods. 2. The Transect. A Neighborhood shall contain a mix of uses including residential,
retail, office, civic and recreation spaces that support the daily needs of its residents within walking distance. Varying uses shall be organized in the Neighborhood based on the Transect (Figure 11-6), which is composed of a hierarchy of zones including
the Countryside, Neighborhood Edge, Neighborhood General, and Neighborhood Center zones, and in the case of developments with multiple neighborhoods, the Neighborhood Core zone. The Transect promotes a wide cross section of uses, densities and building types and depicts their appropriate location in clearly defined zones: a) Neighborhood Edge. The Neighborhood Edge is primarily a detached single family area with larger lots and less density than the other zones. b) Neighborhood General. The Neighborhood General is one of the larger areas in a Neighborhood, allowing some small businesses compatible with the
primarily residential character of the zone. A mixture of single-family homes on various lot sizes, attached townhouses, apartments, bed and breakfast tourism homes and some live-work units is appropriate.
c) Neighborhood Center. The Neighborhood Center is the recognizable nucleus in the form of a public or civic focal point. The public or civic focal
point may be a publicly owned square, park, green or plaza, in combination with a school, library, museum, place of worship, community center, farmer’s market or small-scale neighborhood retail uses. The Neighborhood Center provides a natural gathering place for the community and is lined by the fronts of buildings for spatial definition as well as for the increased safety afforded by the resulting natural surveillance opportunity. The Center is compact and appropriate for multi-story attached buildings designed to accommodate a range of uses over time. Shops with offices or apartments in the upper stories, live/work units and higher density residential types are all appropriate in the
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Neighborhood Center. The Neighborhood Center is within walking distance of and accessible to all neighborhood residents. d) Neighborhood Core. The Neighborhood Core is the densest, most active zone of the Transect, supported by at least two neighborhoods usually occurring along a major thoroughfare or at a major intersection. The Neighborhood Core has the more intense retail and office uses and may
include targeted industry employment uses. 3. Variety of Housing Types. A Neighborhood shall provide a variety of housing types
and prices that support a broad range of family sizes and incomes. Housing types are defined by building types such as single-family, multi-family, townhouse, mixed-use, etc. and are distributed throughout the neighborhood in relation to the principle of the
Transect. The Neighborhood provides home-ownership as well as rental housing opportunities in an integrated manner. The use of accessory dwelling units, in accordance with the provisions of Section 163.31771, Florida Statutes, to provide an
opportunity for dispersed rental housing or other accessory uses within single-family fabric is desirable. Accessory dwelling units shall be evaluated for concurrency purposes to determine availability of services when proposed as part of a Town or Village. When proposed by an individual lot owner, only verification of potable water and sanitary sewer service shall be required. A mobile home or Recreational Vehicle (RV) shall not constitute such an accessory dwelling unit. Accessory dwelling units shall not constitute a unit for the purposes of limiting density.
4. Civic Uses. Each Neighborhood shall contain at least one Civic building. Civic buildings shall be sited on locations of high public visibility and prominence, usually within or around public Open Spaces, or at the termination of vistas (Figure 11-7).
Fire Stations and Police Stations are encouraged to provide community meeting rooms to enhance their public character. Towns or Villages that are required to provide a school shall locate the school onsite. Planning for the school shall be coordinated with the School Board of St. Lucie County. Land set aside for Civic Uses may be eligible for incentives under the Transfer of Development Rights (TDR) Program outlined under Objective 11.1.7. 5. Walkable Blocks. Blocks shall be scaled to accommodate a variety of building types and encourage pedestrian traffic. Such typical block dimensions range between 300’ – 500’ on a block face and do not exceed 750’ on any single block face. Single blocks shall not exceed a total perimeter distance of 2,500’. 6. Proper Building Placement. Building types of like scale, massing, and uses shall face one another on a given street. To provide a harmonious transition, differing
building types may be placed back-to-back on a single block. The primary entrance of every building shall directly face a street, a square, a park, a plaza, or a green.
7. Street Network. Neighborhoods shall have an interconnected network of public streets designed to balance the needs of all users, including pedestrians, bicyclists and motor vehicles. A hierarchy of streets shall be provided in the neighborhood so that larger streets accommodate larger buildings and wider sidewalks while smaller streets have smaller buildings and sidewalks. Streets and buildings shall be designed so the building height facing the street is proportional to the width of the street. Alleys are required in the mixed use areas of the neighborhood to provide access for rear-loaded parking, municipal services, and loading and unloading of goods, which allows
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the street to be more safely used by pedestrians and bicyclists by reducing conflicts with vehicles. Alleys are required for townhouse development. In residential areas, alleys are encouraged, but not required, to accommodate parking and to provide private entrances and parking for rental units located behind single-family homes. Where alleys are used to provide rear access, buildings shall have secondary entrances, lighting and sufficient window openings to provide natural surveillance.
8. Mix of Uses. Neighborhoods shall support varying amounts of mixed use located within the appropriate area of the Transect within suitable building types. Different neighborhoods have diverse characters, which support varying amounts of mixed
use; however, every neighborhood should support residential uses, a civic site, and at least one Local Store.
9. Countryside. A significant amount of Open Space is designated for the Countryside as an integral component of the settlement pattern to: a) support and enhance the rural character;
b) preserve and restore native habitats; c) provide opportunities for sustained agriculture; and d) help mitigate the biological and ecological impacts of new development.
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Policy 11.1.4.3 - Development in the Form of New Towns, and Villages and Hamlets. Except as otherwise provided in the TVC Element, new development shall be in the form of Towns, and Villages and Hamlets, created by a system of neighborhoods that demonstrate the Settlement Principles, implement the retail, workplace and transportation strategies, manage water and wastewater comprehensively and allow for a significant amount of Countryside. The relationship of the built environment to open space outlined in Policies 11.1.4.4 and 11.1.4.5 for new Towns, and Villages, and Hamlets is based on the following principles
(Figure 11-8): 1. A minimum density and mix of uses in a compact, walkable community is necessary
to establish sustainable growth; 2. Open Space is necessary for the long-term health and welfare of new communities in rural areas;
3. Open Space is necessary to preserve the natural and rural character desired by the citizens of St. Lucie County; 4. Open Space is necessary to help mitigate the environmental impact of the new
development in the area; and 5. Open Space is necessary to improve the overall health and water quality of the Indian River Lagoon. Participation in the TDR Program outlined under Objective 11.1.7 may be necessary to acquire additional density to meet the minimum requirements for development under the TVC Element. Outside of the USB, the Transferable Development Value Map and the application of the TDR Program limit potential development density of a new Town or Village. Density increases not associated with the TDR Program (i.e., through re-zoning) are not permitted
outside of the USB, except within an approved Hamlet satisfying the requirements of Policy 11.1.4.6. Policy 11.1.4.4 - Towns. A Town (Figure 11-9) is a collection of two or more distinct neighborhoods in the Countryside. Table 11-2 Town Requirements Size
Min. Parcel Size Land Area for a Town located Outside of the USB: 625 acres
Min. Parcel Size Land Area for a Town located Inside of the USB: 225 acres
Maximum Parcel Size Land Area: N/A
Open Space & Countryside
Open Space & Countryside Required Outside the USB: 60% (50% Countryside min.)
Open Space & Countryside Required Inside the USB: 40% (Countryside min.)
Density Required in Net Developable Area*
Min. Average Density required Inside USB: 6 dwelling units/ acre
Min. Average Density required Outside USB: 5 dwelling units/ acre
* Properties that do not achieve the minimum density (as depicted on the TDV Map) for development of a Town may acquire additional density pursuant to the TDR Program outlined under Objective 11.1.7.
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Policy 11.1.4.5 - Villages. A Village (Figure 11-10) is one distinct neighborhood in the Countryside. Table 11-3 Village Requirements Size Min. Parcel Size Land Area for a Village located Outside of the USB: 500 acres
Min. Parcel Size Land Area for a Village located Inside of the USB: 110 acres
Maximum Land Area Parcel: 624 acres
Open Space & Countryside
Open Space & Countryside Required Outside the USB: 75% (65% Countryside min.)
Open Space & Countryside Required Inside the USB: 40% (Countryside min.)
Density Required in Net Developable Area *
Min. Average Density required Inside USB: 5 dwelling units/ acre
Min. Average Density required Outside USB: 5 dwelling units/ acre
* Properties that do not achieve the minimum density (as depicted on the TDV Map) for development of a Town may acquire additional density pursuant to the TDR Program outlined under Objective 11.1.7. Policy 11.1.4.6 – Hamlet. A Hamlet is a compact, pedestrian-friendly residential settlement with a variety of housing types and/or mixed-use development. The Hamlet shall consist of two or more compact, pedestrian-friendly, residential neighborhoods with a variety of housing types, recreational spaces and/or mixed-use development. A Hamlet may be developed outside the Urban Service Boundary, based on the following standards:
1. Hamlets shall be proposed and reviewed as Planned Unit Developments (PUDs), pursuant to St. Lucie County Land Development Code Section 7.01.00.
2. Policy 11.1.4.2., Settlement Principles, is not applicable in a Hamlet. The Settlement Principles applicable in a Hamlet are as follows :
a. Each Hamlet shall be scaled upon a five-minute walk radius (approximately ¼ mile, 1,320 feet, or area of 125 acres), as measured from the center of the settlement. The shape or form of the settlement is flexible and should respond to physical or geological conditions, provided that the maximum ¼ mile radius benchmark is generally maintained.
b. The Hamlet shall contain a mix of residential, civic, and recreation spaces. Hamlets are encouraged to include live/work units, office/flex coworking space, and at least one local store providing supportive retail goods and services.
c. The use of the Transect in Policy 11.1.4.2 and Figure 11-6 (and its hierarchy of zones including the Countryside, Neighborhood Edge, Neighborhood General, and Neighborhood Center) is not mandatory in a Hamlet. To the extent Transect zones can aide organization of the Hamlet, the use of the Transect is encouraged.
d. The Hamlet shall provide a variety of housing types and prices for a range of family sizes and incomes and may include owner-occupied as well as rental units. Housing
types are defined by building types such as single-family, multi-family, townhouse, villas, apartments, mixed-use, etc., and distributed throughout the settlement. The use of accessory dwelling units to provide dispersed rental housing within single-
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family development is encouraged. When proposed as part of a Hamlet, accessory dwelling units shall be evaluated to ensure concurrency between availability of public facilities and services and demand for such. When proposed by an individual lot owner, only verification of potable water and sanitary sewer service shall be required. A mobile home or recreational vehicle shall not constitute an accessory dwelling unit. Accessory dwelling units shall not constitute a unit for the purpose of calculating density. Accessory dwelling units shall not be counted towards fulfillment of a
workforce housing requirement.
e. The Hamlet shall contain at least one Civic Building. Civic buildings shall be sited in locations of high public visibility and prominence, usually within or around public open
spaces. Civic Buildings include, but are not limited to, community buildings, churches, libraries, schools, day care centers, recreation facilities, and places of assembly. Civic Buildings do not include retail buildings, residential buildings, or buildings with private
offices.
f. Hamlets that are required to provide a school shall locate the school onsite. Planning for the school shall be coordinated with the School Board of St. Lucie County.
Provision of school bus stops shall also be coordinated with the School Board.
g. The Hamlet shall encourage pedestrian mobility through provision of active and passive recreational spaces, including parks, playgrounds, green spaces, picnic areas, lakes, trails, and athletic facilities, as well as a street network comprised of walkable blocks and connectivity to areas outside of the Hamlet.
h. Hamlets shall contain no less than 40% common open space, as provided in Table 11-4. The establishment of a healthy ecosystem within the required open space, diverse vegetation, elevations, and drainage conveyances are encouraged to
promote the sustainability of native and migratory species. Lakes, floodways, wetlands, and stormwater retention areas shall be interconnected to create the flow way to the maximum extent possible and shall include littoral and upland plantings to create habitat and improve water quality before such water leaves the Hamlet.
i. The residential settlement shall have an internally interconnected network of streets designed to meet the needs of all users, including pedestrians, bicyclists and motor
vehicles and provide interconnectivity to the surrounding area outside of the Hamlet. The streets shall be functional and visually appealing. The needs of school buses shall be provided for and the accommodation of potential future transit considered in the design of the street network.
j. New Hamlets shall provide for the necessary links of the Future Street Network (FSN) Plan (Figure 11-15 and Table 11-9) at the time of development. The alignment of the
regional roadway network outlined in the FSN Plan is adaptable provided its intent is maintained. Final alignments shall be subject to approval by St. Lucie County. Roadway capacity necessary to support proposed development shall exist or be built concurrently with the proposed development to ameliorate the impact created by new growth.
k. A Hamlet may be developed in more than one (1) phase. No more than three (3) years shall elapse between the completion of any phase and the submission of a Site Plan application for the next, and the final stage or phase shall be completed within twenty (20) years of the date of approval of the initial Final Development Site Plan.
l. Development of a Hamlet must provide public water service and wastewater service.
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Table 11-4 Hamlet Requirements
Size
Minimum Land Area: 500 acres
Maximum Land Area: none
Open Space
a. Common Open Space required: 60%
b. Common Open Space required when the Hamlet open space includes active and passive recreation within one-quarter mile of the majority of the residential units:
50%
c. Common Open Space required when the Hamlet provides a mix of residential, civic uses, common open space including active and passive recreation within one-quarter mile of the majority of the residential units, and at least one local store that supports the daily needs of its residents:(1)
40%
Density Allowed
a. (1) Maximum Average Density allowed when at least nine percent (9%) of the dwelling units are workforce housing:(2) or
(2) Density may be achieved by acquisition of Development Rights through the TDR Program:(3)
2 dwelling units/ acre
b. (1) Maximum Average Density allowed when at least ten percent (10%) of the dwelling units are workforce housing units:(2)
or
(2) Maximum Average Density allowed when at least nine percent (9%) of the dwelling units are workforce housing units(2) and an on-site day care facility is provided:(2) or
(3) Density may be achieved by acquisition of Development Rights, through the TDR Program:(3)
3 dwelling units/ acre
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Notes to Table 11-4 (1) A third-party lease agreement is not required for the local store.
(2) In a Hamlet, workforce housing must meet the following standards:
a. Monthly rent or mortgage payment including taxes, insurance, and utilities does not exceed 30 percent of that amount which represents no more than 120% of the area median income for households, adjusted for household size.
b. Affordability must be maintained for a minimum of twenty (20) years, or the period of affordability specified by the funding secured by the developer, whichever is longer.
c. The workforce housing units may be rental units or for-sale units and may be constructed as the same unit type (i.e., apartments, townhouses, etc.) but shall include a variety of unit sizes and price ranges. Workforce housing units must be complementary in exterior design to the
market rate units. Workforce units may have alternative exterior and interior finishes, so long as the energy efficiency of these units is not diminished.
d. The workforce housing units shall be completed and receive a certificate of occupancy prior
to the completion and issuance of a certificate of occupancy of sixty percent (60%) of the market rate units.
e. In the event the County develops alternative methodologies to address affordable and workforce housing, the Board of County Commissioners may consider these alternative methodologies, at the applicant’s request.
f. The County may establish a payment-in-lieu program for WFH unit reduction. The amount of payment-in-lieu shall be established by St. Lucie County and updated on a yearly basis.
(3) The details of the TVC Transfer of Development Rights Program are provided in Section 4.04.05., LDC.
Policy 11.1.4.76 - Open Space & the Countryside. To ensure that the rural landscape is preserved, most of the Open Space required in Towns and Villages located outside of the USB shall be designated for Countryside. In Towns, at least 50% of the site shall be for the Countryside and no more than 10% may be for other open space components (See Policies 11.1.5.3 and 11.1.5.4). In Villages, at least 65% of the site shall be for the Countryside and no more than 10% for other open space components. If other open space components are not used, the full requirement shall be for Countryside. For example: A 1000 acre Town located outside the USB is required to set aside 600 acres (60%) for Open Space; 500 acres (50% of the site) of the required Open Space must be designated for the Countryside.
Policy 11.1.4.87 Workforce Housing. To encourage a broad range of family sizes and incomes, new Towns and Villages shall provide a minimum of eight percent (8%) of the proposed number of residential units as workforce housing. As provided in Table 11-4 -
Hamlet Requirements, Hamlets shall provide a minimum of nine percent (9%) workforce housing units, to achieve a maximum density of two (2) dwelling units per acre or a minimum of 10% workforce housing units or 9% workforce housing units plus an on-site child care
center to achieve a maximum density of three (3) dwelling units per acre. An inventory of workforce housing in the TVC shall be made and maintained on an annual basis by County Staff with information provided by the developer.
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Policy 11.1.4.98 - Workforce Housing Qualification. Workforce housing shall be sold or rented only to qualified households as defined by St. Lucie County’s Department of Community Services, Housing Division in accordance with the criteria utilized in the County’s State Housing Initiative Partnership (SHIP) program or Community Development Block Grant (CDBG). Income qualifications of homebuyers or tenants will be verified by the developer and may be subject to auditing, upon request, by St. Lucie County staff.
Policy 11.1.4.109 - Workforce Housing Affordability. The affordability of affordable and workforce housing shall be maintained for a minimum of 8 years, or the period of affordability specified by the Hamlet requirements, or based on the funding secured by the developer,
whichever is longer, utilizing documents, such as deed restrictions, recorded in the public records of St. Lucie County describing the affordability requirements for each affordable or workforce unit. Policy 11.1.4.1110 - Accessory Units. Each single-family dwelling unit with an Accessory Unit shall be eligible for the higher multiplier offered for Workforce Housing in the Special
Area Plan’s Credit Matrix (Table 11-4). However, the provision of such Accessory Units may not be counted towards the fulfillment of the Workforce Housing requirement set forth in Policy 11.1.4.7. Policy 11.1.4.1211 - Adequate School Sites and Capacity. To ensure adequate school locations, the proponent of a new Town or Village or Hamlet shall work with the County and the St. Lucie County School Board to determine the most appropriate school site that fulfills the location, capacity and concurrency requirements set forth by the TVC and the adopted
St. Lucie County Interlocal Agreement for School Concurrency as required by Senate Bill 360. Policy 11.1.4.1312 - Potable Water and Sanitary Sewer: All development within new Towns and Villages or Hamlets shall be serviced by centralized potable water and sanitary sewer systems. Such centralized services shall be coordinated with St. Lucie County Policy 11.1.4.1413 - Provider of Potable Water and Sanitary Sewer. The County as retail provider has a Bulk Utility Agreement with the Ft. Pierce Utility Authority (FPUA) to provide bulk utility service within the North St. Lucie County Special Area Plan. Thereafter, the County and FPUA shall jointly plan water supply and wastewater facilities to serve the area needs. The water supply source to meet the additional demands of new development shall
be the Floridan Aquifer or a permitted alternative water supply source. Policy 11.1.4.1514 - Construction of Infrastructure. The Ft. Pierce Utility Authority (FPUA) and St. Lucie County or its designee shall plan, design, permit and construct a water, wastewater and reclaimed water utility infrastructure (including water supply, treatment, storage, distribution, collection, and disposal capacity) to support the potable water, sanitary sewer and irrigation needs of the NSLC SAP at full build out and in accordance with the level of service established by the County’s comprehensive plan, as amended from time to time. This infrastructure shall be built to FPUA and County standards, and as-built drawings shall be provided to FPUA and the County. The FPUA and the County may conduct periodic inspections (the nature and frequency of which are to be determined by FPUA and the
County) both during and after construction to ensure that the infrastructure is being properly constructed, operated and maintained. It is recognized by the parties that said infrastructure may be constructed in phases commensurate with the creation of demand by development.
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Policy 11.1.4.1615 - Levels of Service Standards. In accordance with Section 163.3180 F.S., sanitary sewer, solid waste, drainage, potable water, parks and recreation, schools and transportation facilities shall be provided to meet level of service standards for concurrency purposes. Policy 11.1.4.1716 - Availability of Facilities. In accordance with Section 163.3180(2) F.S., sanitary sewer, solid waste, drainage, adequate water supplies, and potable water facilities
shall be in place and available to serve new development no later than the issuance of a certificate of occupancy or its functional equivalent. Prior to approval of a building permit or its functional equivalent, St. Lucie County shall consult with the applicable water supplier to
determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the County of a certificate of occupancy or its functional equivalent.
Policy 11.1.4.1817 - Funding Public Facility Improvements. The North St. Lucie County (NSLC) Special Area Plan (SAP) does not authorize approval of specific development plans
or proposals. Development plans or proposals may be approved within the NSLC SAP area if the necessary public facility improvements are added to the County’s Five-Year Capital Improvements Schedule (or, in the case of transportation improvements subject to Section 163.3180(16)(b) or (f), Florida Statutes, the Ten-Year Capital Improvements Schedule if applicable) supported by an executed Developer Agreement, Interlocal Agreement or other financing source including one or more of the financing tools and strategies outlined in Policy 11.1.9.16 guaranteeing adequate funding for the improvements. The amended Capital Improvement Schedule shall specify the responsible party, whether County, developer or
otherwise, for funding the necessary public facilities and is subject to adjustment through the County’s final site plan approval process and state and federal permitting processes, to the extent such adjustment meets the Objectives and Policies of the TVC. Policy 11.1.4.1918 - Site Plan Approval Requirements. No site plan approvals shall be awarded unless adequate school capacity exists or is programmed to be available concurrent
with the demand. Mitigation is possible for incremental development. Additionally, no site plan approvals shall be awarded unless adequate potable water and sanitary sewer capacity exist or are programmed to be available concurrent with the demand in the North County Area. Policy 11.1.4.2019 - Phased Development Approach. Development in the TVC Area shall
be phased so water and wastewater services and facilities necessitated by the development are available concurrent with its impacts. Policy 11.1.4.2120 - Monitoring the TVC. The County shall monitor the implementation of the TVC on an ongoing basis. The County, working in conjunction with the Treasure Coast Regional Planning Council and a committee of ten local residents and property owners in the TVC area, will evaluate the performance of the goals, objectives and policies as well as the land development regulations, including the Transfer of Development Rights program, and management of the Open Space. Each member of the Board of County Commissioners shall appoint two members of such committee, of which at least one shall be an owner of property within the TVC area. Such evaluation process will include, without limitation, specific
evaluation of the following components of TVC: a) Workforce housing supply and demand;
b) Retail, commercial, and industrial supply and demand to meet local and regional economic development needs, including the amount of existing and approved
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retail, commercial, and industrial uses in the TVC and the continued appropriateness of the commercial development cap in Table 11-1. c) TOR supply and demand; d) Water and wastewater capital improvements, supply, demand, and any adjustments necessary to the capital improvements schedule, to the extent not already addressed in the County's annual updates of the schedule and the utilities master plans of utility providers in the TVC area;
e) Transportation impacts and progress towards implementing the future Street Network Plan depicted on Figure 11-15, and any adjustments necessary to the capital improvements schedule, to the extent not already addressed in the
County's annual updates of the schedule; and f) Effective coordination with other government and legislative agencies, such as TPO, SFWMD, FPFWMD, FDOT, DEP, City or Fort Pierce, Ft. Pierce Utility
Authority, and Indian River County. g) The adoption and implementation of special assessment districts pursuant to Policy 11.1.9.16,
h) Potential options to meet the Countryside and Open Space Requirements beyond those options contained in the TVC that maintain the purposes behind the Countryside and Open Space Requirements. i) Experience with administration, management, and maintenance of Open Space and Countryside areas, j) Patterns of development occurring within TVC, and the need for possible alternative patterns.
Based on this evaluation, the County will adopt appropriate modifications to the TVC Element to resolve any issues related to implementation of these or other components of the plan. After the initial evaluation, subsequent evaluations shall occur no less than every four years.
This policy shall not prohibit any party from initiating any other Plan amendment.
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Objective 11.1.5: To establish a significant amount of land dedicated to the landscape and Countryside by permanently setting aside land for the community to provide public recreational areas, to maintain and improve the rural, agricultural quality of the area and to use the land to improve the health of both the natural and built environment. Policy 11.1.5.1 - Healthy Ecosystems. Countryside shall be preserved to help mitigate the environmental impact of new development in the area. In order to establish a healthy
ecosystem within the Countryside, diverse vegetation, elevations, and drainage conveyances are encouraged to promote the sustainability of both native and migratory species. Policy 11.1.5.2 - Wastewater Reuse. New developments in North St. Lucie County are required to accommodate the volume of treated wastewater produced. The Countryside will include adequate areas designed to absorb the treated wastewater to utilize its nutrients to
enhance the ecological function of the environment. Policy 11.1.5.3 - Components of the Countryside. Countryside shall be comprised of one or
more of the following:
1. Agriculture. The County, in cooperation with the land management entity, shall develop incentives for promoting agriculture in the Countryside. Agricultural uses should be designed to utilize reuse wastewater to help reduce the biological impact of new development. Agricultural Research & Education Facilities may be eligible for incentives under the TDR Program.
2. Native Habitat and Environmentally Sensitive Areas. The preservation or restoration of native habitat and the preservation of Environmentally Significant Land is encouraged and may be eligible for incentives under the TDR Program.
3. Flow Way System. The Flow Way System is intended to work in concert with and as part of the Countryside.
4. Community Amenities. Land used for community amenities within a Town or Village
may be counted towards the fulfillment of the required amount of Countryside for the proposed development. Such amenities include, but are not limited to, the following:
a) Community Recreation Areas. Uses such as equestrian facilities, regional parks, picnic areas, campgrounds, ecotourism areas, swimming and fishing lakes, greenways and trails, and/or polo fields are appropriate in community
recreation areas.
b) Neighborhood Parks, Greens and Squares. The maintenance and upkeep of such neighborhood amenities shall be the responsibility of the Community Development District or other entity approved by the County, and such spaces shall be publicly accessible in perpetuity;
c) Golf Courses. One golf course per Town or Village may be counted towards
the fulfillment of the required amount of Countryside, provided that it is designed to accommodate reuse wastewater and does not interfere with the creation of a continuous flow way and integrated trail system.
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Policy 11.1.5.4 - Open Space Components. The following components or combination of components may be counted toward the remaining Open Space requirement that is not reserved for Countryside components:
a) Civic Uses;
b) Targeted Industry;
c) Higher Education;
d) Large Lots. To encourage transferring potential development from smaller parcels into Towns or Villages, up to five percent (5%) of the area required for Open Space & Countryside may be platted into large lots outside of the Net Developable Area. Such dwelling units must be acquired by TDR Credits transferred from an offsite eligible Sending Site.
e) Workforce Housing. Workforce Housing provided above the required amount in Policy 11.1.4.7 may be counted towards the fulfillment of the required amount of Open Space.
Accessory Buildings are not considered workforce housing for the purposes of measuring the Open Space requirement. Policy 11.1.5.5 - Off-Site Locations. Land dedicated to the required Countryside may be located on separate parcels within the Special Area Plan that are not contiguous to the land used for the Net Developable Area of the new Town or Village. Policy 11.1.5.6 - Linking Countryside. To maximize both the aesthetics of the rural landscape and the biological and ecological system intended by the requirement for Countryside, developments shall link to the greatest extent possible the areas set aside for these purposes both within the site as well as to any existing neighboring Countryside areas, existing or planned passive parks, existing uses of an agricultural character or environmental preserves (Figure 11-11). Policy 11.1.5.7 - Greenway Corridors. To support the desired ecological system and the community’s desire to preserve the rural character of the area, certain roadways, corridors and vistas shall be encouraged to maintain and/or improve the existing surrounding
landscape or to create links between existing natural areas, public preserves, and passive parks and to support recreational, educational and ecotourism trails.
1. Indrio Road. New developments located outside of the USB, directly north and south of Indrio Road, between Johnston Road and Emerson Avenue are required to position a substantial amount of the Countryside component along the property line adjoining the Indrio Road right of way. Active farms or restored natural habitat is the preferred Countryside landscape.
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Policy 11.1.5.8 - Transition Between Neighborhood and Countryside. The neighborhood shall be separated from the Countryside and the Flow Way System by a public right-of-way that can take the form of an avenue, street, path or trail. This right-of-way shall be fully disclosed and maintained as a public right of way and shall be constructed concurrently with the development. (Figure 11-4) Policy 11.1.5.9 - Administration. To ensure the health and quality of the land, the entity responsible for the administration, management and maintenance of the land set aside for the Countryside of each new Town or Village shall be identified as part of the approval process for new development. These tasks shall be executed by the County or an entity designated by the County, with all necessary funding identified by the developer of the new
Town or Village and provided by the developer or its future residents. Policy 11.1.5.10 - Community Stewardship Organization. A Community Stewardship
Organization (CSO) is encouraged to educate the public and work with the entity responsible for management of the Countryside. Policy 11.1.5.11 - Mapping Open Space Components. Targeted Industry, Higher Education, and Agricultural Research & Education Facilities will be incorporated into the regulating plan
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of the Town or Village as part of zoning approval. An inventory of lands used for these components will be maintained on an annual basis. Policy 11.1.5.12 - Mapping Countryside Components. An inventory of lands designated as Countryside in the regulating plans for all new Towns and Villages will be maintained on an annual basis.
Objective 11.1.6: To create a Flow Way System that is a backbone for comprehensive water management within the area, supportive of the objectives of the South Florida Water Management District and the Goals, Objectives and Policies of St. Lucie County’s Conservation
Element, and that provides a linear regional park amenity. Policy 11.1.6.1 - Water Management Strategy. The land necessary for water storage,
attenuation and discharge for drainage of new development in the TVC area shall be arranged and managed as part of a comprehensive regional Flow Way System. The Flow Way will be a continuous water management system that enhances the conveyance functions
of the existing drainage canals and incorporates the stormwater detention systems for new development so as to reduce total runoff volume and improve water quality prior to discharge into the Indian River Lagoon. Policy 11.1.6.2 - System Management. To ensure the health and quality of the system, the entity responsible for the administration, management and maintenance of the surface water management system of each Town or Village must be identified as a part of the approval process. Policy 11.1.6.3 - Connecting the Flow Way System. To maximize both the aesthetics and functionality of the Flow Way System, developments shall link the land necessary for water
management both within the site as well as to any existing neighboring Flow Way System and, where possible, restore natural sheet flow (Figure 11-11). Interconnecting the Flow Way System shall not be the sole basis for an eminent domain claim by the local government. Policy 11.1.6.4 - Relationship with the Countryside. The Flow Way System is intended to work in concert with and is part of the land designated for the Countryside. Land used in the Flow Way System is also counted towards the fulfillment of the Countryside requirement. Policy 11.1.6.5 - Recreational Component. To achieve the linear park that the Flow Way System is intended to create, bicycle, walking and/or equestrian trails are required along its edges in Towns and Villages. Eco-hiking trails shall be used along environmentally sensitive lands. To reinforce the community amenity aspect of the Flow Way System, the majority of the housing located adjacent to the Flow Way System shall face it (Figure 11-4). Policy 11.1.6.6 - Implementation of the North St. Lucie County Flow Way System. New development shall be planned to implement the water management principles intended by the Flow Way System. The existing canal network allows this system to be implemented
incrementally as new development is approved. Policy 11.1.6.7 - Management and Coordination of the Flow Way System. St. Lucie County will coordinate with SFWMD and FPFWD to create, within six months of the effective date of the TVC Element, an institutional structure to facilitate the implementation of a surface water and stormwater management system that a) maintains adopted level of service standards; b) is coordinated with landowners to achieve connectivity over time; c) is financially feasible;
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d) is coordinated with the plans of the SFWMD, FPFWD and other stakeholder agencies; and e) increases water quality prior to discharge into the Indian River Lagoon. Policy 11.1.6.8 - Character of the Flow Way System: The edge condition of the Flow Way System shall be designed and landscaped consistent with the urban or rural quality of the surrounding area. For example, an urban canal edged with a hardscaped promenade lined with shade trees is appropriate in the Neighborhood Center or Core areas while native habitat
restoration or preservation with a path is appropriate in the Neighborhood Edge or Countryside. Existing Environmentally Significant Land shall be preserved. Objective 11.1.7: To create a Transfer of Development Rights Program that will result in the preservation of a significant amount of open space in the area designated as Towns, Villages and Countryside. Policy 11.1.7.1 - Transfer of Development Rights (TDR) Program. The Transfer of Development Rights (TDR) Program will be established to facilitate the desired settlement
pattern. The TDR Program is intended to create incentives to direct development into compact Towns and Villages or Hamlets, thereby preserving the rural character of the undeveloped areas of St. Lucie County, encouraging agriculture to remain a viable option, and promoting an integrated Flow Way System throughout the Countryside. Density increases not associated with the TDR Program (i.e., through rezoning) are not permitted outside of the Urban Service Boundary, except within an approved Hamlet satisfying the requirements of Policy 11.1.4.6.
Policy 11.1.7.2 - Incentives for Implementing the Countryside and Flow Way System. The TDR Program offers an opportunity for increased residential density for developments that set aside land for the Countryside and the Flow Way System. A multiplier may be applied to the transferable development rights of land set aside for these purposes. The result of applying this multiplier is a system of development credits (“TDR Credits”). TDR Credits may be applied within the Net Developable Area of the proposed development or may be eligible
for transfer to another project within the Special Area Plan. Policy 11.1.7.3 - TDR Sending Sites. Sending Sites that may participate in the TDR Program are sites located within the Special Area Plan identified as desirable for conservation based on the existing natural habitat, agricultural use, location or historic designation status or that increases the quality of life of the citizens. The following areas may also participate in the
program: 1. Areas permanently set aside for the Countryside and Flow Way System; 2. Parcels located outside of the USB that do not meet the minimum size criteria for development in the form of a Town or Village;
3. Agriculture Uses; 4. Parcels that propose to develop in accordance with Policy 11.1.2.6(5); 5. Native Habitat or Environmentally Significant Land; 6. Areas containing sites of archaeological or historic significance; 7. Land used for Higher Education, Targeted Industry or Agricultural Research & Education Facilities;
8. Land used for Workforce Housing in excess of the requirement set forth by Policy 11.1.4.7. Policy 11.1.7.4 - Ineligible Sending Sites. Sites located outside of the Special Area Plan are not eligible Sending Sites. No transferable development credits are created within a Hamlet
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from the provision of the required Common Open Space or the Flow Way. A site located inside of the USB shall not transfer TDR Credits to a separate property located outside of the USB, except that sites designated as Environmentally Significant located inside the USB may transfer credits to Receiving Sites located outside of the USB. Properties that propose to build under the option outlined under Policy 11.1.2.6(6) are not eligible to participate in the TDR Program.
Policy 11.1.7.5 - Receiving Sites. Appropriate Receiving Sites are sites that are identified in the Special Area Plan through analysis to be appropriate for increased density due to location, the surrounding or proposed transportation network or the inclusion of affordable or
workforce housing. 1. North St. Lucie County TDR Receiving Sites Map (Figure 11-12). Appropriate
Receiving Sites for North St. Lucie County are located within the Special Area Plan and include the following:
a. Sites located inside the Urban Service Boundary (USB) that are designated on the North St. Lucie County TDR Receiving Sites Map (Figure 11-12), or b. Sites located inside the USB with a future land use designation of TVC, or c. Sites located outside the USB greater than 500 acres in size that propose to build a Town or Village or Hamlet, or d. Net Developable Area of a Town or Village. Policy 11.1.7.6 - Ineligible Receiving Sites. Sites located outside of the Special Area Plan
are not eligible to receive TDR credits. 1. Ineligible Receiving Sites for North St. Lucie County. Ineligible Receiving Sites within the North St. Lucie County Special Area Plan include the following: a. Environmentally Significant Lands; and b. Sites located outside of the Urban Service Boundary (USB) are not eligible to
receive TDR Credits from a separate non-contiguous property located inside of the Urban Service Boundary, unless the proposed Sending Site is Environmentally Significant Land; and c. Sites located outside of the USB that do not meet the minimum parcel size of 500 acres for the development of a Town or Village; and d. Areas east of the USB that do not have a TVC Future Land Use designation or are not indicated on the North St. Lucie County TDR Receiving Sites Map (Figure 11-12).
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Policy 11.1.7.7 - TDR Credit Matrix. Density transferred from appropriate Sending Sites may be eligible to receive a multiplier to the transferable development rights of the property. The value of the multiplier is weighted based on the desired public benefit and to encourage sustainable development patterns. The multiplier shall be established through analysis in each Special Area Plan. 1. North St. Lucie County.
Table 11-45 North St. Lucie County Credit Matrix Transfer Condition Multiplier
From Countryside in a Village located Outside the USB to an
Eligible Receiving Site located Outside the USB
1.25
From Countryside in a Town located Outside of the USB to an
Eligible Receiving Site located Outside the USB
1.5
From the Countryside of a Town located on Contiguous Property
both Inside and Outside of the USB to the Net Developable Area
1.75
From Countryside located Inside the USB to an Eligible Receiving
Site located Inside the USB
1.75
From Countryside Outside the USB to Eligible Receiving Site Inside the USB 2
From a Parcel Less than 500 ac. in size located Outside of the USB to an Eligible Receiving Site 2
From Targeted Industry Site to an Eligible Receiving Site 2.5
From Higher Education Site to an Eligible Receiving Site 2.5
From Agricultural Research & Education Facilities to an Eligible
Receiving Site.
2.5
From Created Natural Habitat in the Countryside to an Eligible
Receiving Site
2.5
From Environmentally Significant Land to an Eligible Receiving Site 2.5 From Countryside to a Workforce Housing Unit 2.5
2. [Reserved for future Special Area Plan matrixes] Policy 11.1.7.8 - Calculation of TDR Credits. The number of TDR Credits that can be transferred from an eligible sending site is calculated by multiplying the acreage of the sending site by the Transferable Development Value (as indicated on the TDV Map) then
subtracting the number of existing dwelling units on the site to yield the site’s transferable development rights. Then, using the appropriate condition in the Credit Matrix, a multiplier is identified and applied to the site’s transferable development rights to create TDR Credits.
Calculations shall be rounded to the nearest whole credit value. Once TDR Credits are created, a multiplier can never be applied to a TDR Credit to yield additional credits. For parcels that have more than one transfer condition, different portions of the Sending Site may
be assigned different multipliers. The resulting credits shall be added together to compute the total TDR Credits for the Sending Site. Example A: A parcel located outside of the Urban Service Boundary, twenty acres in size, that proposes to transfer its credits receives a multiplier of 2 for a transfer to another site also located outside of the Urban Service Boundary. TDR Credits are calculated as follows:
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Table 11-56 Example A
Parcel Size 20 acres
Transferable Development Value (from TDV Map) 1 du/ac
Number of Existing Dwellings 1
Transferable development rights 20 ac. x 1 du/ac = 20du. – 1 du = 19 du
Multiplier 2
Calculation of TDR Credits 19 du x 2 = 38 credits
Example B: A parcel located outside of the Urban Service Boundary, 500 acres in size, that proposes to build a new development (Village) is required to build a minimum of 625 units, with a minimum of 8% of the total units as Workforce Housing. Transferable development rights moved from the Countryside for use as Workforce Housing receives a multiplier of 2.5 and the remaining land set aside for the Countryside receives a multiplier of 1.25. The TDR Credits and total dwelling units for the Village are calculated as follows: Table 11-67 Example B Parcel Size 500 acres
Net Developable Area 125 acres
Minimum Number of Units Required 625 dwelling units
Countryside Provided 375 acres
Workforce Units Proposed 53 units
Transferable Development Value (from TDV
Map)
1 du/ac
Transferable development rights 375 ac x 1 du/ac = 375 du Multiplier for Workforce Units 2.5
Multiplier for Countryside 1.25
Calculation of TDR Credits for Workforce Units 53 du x 2.5 = 132.5 or 133 credits
Calculation of TDR Credits for Countryside 322 du x 1.25 = 402.5 or 403 credits
Dwelling Units in Net Developable Area 125 ac x 1 du/ac = 125 du
Total Dwelling Units Permitted in Village: 133 + 403 + 125 = 661 du
Example C: A parcel 1000 acres in size, located outside of the Urban Service Boundary that proposes to build a new development (Town) is required to build a minimum of 2000 units. A minimum of 8% of the total number of units is required to be provided as Workforce Housing. Transferable development rights moved from the Countryside for use as Workforce Housing receives a multiplier of 2.5 and the remaining land set aside for the Countryside receives a multiplier of 1.5. The TDR Credits and total dwelling units permitted are calculated as follows:
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Table 11-78 Example C Parcel Size: 1000 acres
Net Developable Area 400 acres
Minimum Units Required 2000 units Countryside Provided 600 acres
Workforce Units Provided 160 units
Transferable Development Value (from TDV Map) 1 du/ac
Number of Existing Dwellings: 0
Transferable development rights: 600 ac x 1 du/ac = 600 du
Multiplier for Workforce Units 2.5
Multiplier for Countryside 1.5
Calculation of TDR Credits 440 du x 1.5 = 660 credits 160 du x 2.5 = 400 credits
Total = 1060 credits
Dwelling Units in Net Developable
Area
400 ac x 1 du/ac = 400 du
Total Dwelling Units Permitted in Town 1060 credits + 400 du = 1460 du <
2000 du
540 additional credits are needed to meet the minimum density required to build a Town. Credits can be acquired or generated through various methods outlined in the TDR Program under Objective 11.1.7. Policy 11.1.7.9 - Credit Value. Each TDR Credit applied to a project allows one dwelling unit in density. Once TDR Credits are created, an additional multiplier shall not be applied to yield additional credits. Policy 11.1.7.10 - Sunset of Credit Value. TDR Credits that are not applied in a built project
within 20 years of their creation and transfer shall sunset in value and shall no longer be available for use in development. Policy 11.1.7.11 - Permanency of Transfer. All transfers of development rights are deemed to sever the transferred development rights from the sending property and are subject to approval by St. Lucie County. This shall be accomplished by legally recording the transfer. Additional development rights may not be assigned to sending sites. Policy 11.1.7.12 - Procedure of Transfer. St. Lucie County shall establish the transfer procedure for the TDR Program within its Land Development Regulations. Policy 11.1.7.13 - Security for Committed Public Benefit. The committed public benefit (i.e., workforce housing, targeted industry, etc.) used to acquire the multiplier as set forth in Policy 11.1.7.7 shall be secured in the development approval for the development. The Board of County Commissioners shall establish the forms of adequate security and penalty stipulations.
Policy 11.1.7.14 - Purchase of Development Rights (PDR) Program. The County shall investigate the creation of a fair market value PDR Program designed to supplement and complement the County’s TDR Program.
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Policy 11.1.7.15 - Market Driven TDR Program. The TDR Program shall be a market driven program with the amount and value of credits negotiated between private owners. Policy 11.1.7.16 - Recording Time. St. Lucie County, in conjunction with the St. Lucie County Property Appraiser will require recording Deed Restriction or Conservation Easement on the sending sites before credits are available for use on the receiving site.
Policy 11.1.7.17 - Review of the TDR Program. St. Lucie County will track the number of credits transferred and supervise transfer procedures through a public process. Every two
(2) years, St. Lucie County will evaluate the supply and demand of transferable development rights and whether any action is necessary to ensure the success of the program. Objective 11.1.8: To accommodate the future retail demand as a successful, viable and significant component of the neighborhood structure to meet the needs and desires of the community while providing a market rate of return. Policy 11.1.8.1 - Retail Component. Retail uses are an integral component of the settlement pattern outlined by the TVC Element. Retail uses are intended to be located within or contiguous to surrounding neighborhoods providing multiple vehicular and pedestrian linkages. Desirable locations channel as much neighborhood traffic circulation by the site as possible. Policy 11.1.8.2 - Accommodation of Retail Uses. Retail uses shall be accommodated and
located appropriately based on the approved Special Area Plan. 1. North St. Lucie County General Retail Development Plan.
a. Required Retail Uses. New developments shall provide the minimum amount of retail use as outlined in Table 11-8 Retail Program Matrix based on the number of homes proposed. Table 11-89 Retail Program Matrix
Type Size Number of Households
Local Store 500-2000 sf. 1200-2000
Convenience Center 3000 – 80,000 sf. 2000-3000
Neighborhood Center 80,000 - 150,000 sf. 4000-5000
Village Center 150,000 - 400,000 sf. 15,000-20,000
Town Center 200,000 + sf. 25,000 +
b. Location of Retail Uses. The General Retail Development Plan (Figure 11-13) depicts the desired general locations identified for new retail establishments
and the corresponding retail type including: i. Local Stores are proposed as the minimum retail requirement for each new
neighborhood;
ii. Convenience Centers are recommended at the intersection of Koblegard
Road and a new east-west street north of Indrio Road and the new
intersection of Johnston Road and Emerson Avenue.
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iii. Neighborhood Centers are recommended at the intersection of St. Lucie
Boulevard and Kings Highway, and at the intersection of Emerson Avenue
and Indrio Road.
iv. A Village Center is recommended at the intersection of Indrio Road and
Kings Highway;
v. A Town Center is recommended on Indrio Road, between I-95 and
Johnston Road;
vi. Warehouse Types are appropriate on Indrio Road, west of I-95.
Warehouse Types that are designed in accordance with the intent of the
Special Area Plan and the TVC Land Development Regulations may be
located east of I- 95 within a Town Center or Village Center;
vii. Highway Service Retail such as gas stations, motels and fast food
restaurants are appropriate on Indrio Road, west of I-95. Highway Service
Retail that is designed in accordance with the intent of the Special Area Plan
and the TVC Land Development Regulations may be located east of I-95
within a Town Center or Village Center
cb. Retail Uses and the Transportation Network. The general locations identified in the North St. Lucie County General Retail Development Plan (Figure 11-13) for new retail uses work in concert with the proposed transportation system (Figure 11-15). To ensure several locations for successful future retail uses, the transportation system shall be implemented concurrently with new retail uses. The map identifies the approximate location, type and scale of new retail/workplace uses located at key intersections of the future transportation network. The intent of this map is to show the general vicinity and major roads or intersections where the proposed use is
appropriate. While these locations are not precisely site specific, the proposed uses should be provided within a 1/4 mile radius of the area indicated on the map. Location of these land uses support the transportation concurrency strategy for the overall area. Not providing for
these uses within a 1/4 mile radius of specified areas and along the proposed corridors will require a review of the overall transportation network and concurrency strategy for the TVC area.
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Objective 11.1.9: To ensure that a balanced and integrated transportation system is established concurrently with new development that promotes the desired sustainable pattern of growth while protecting and enhancing the rural character of the area. Policy 11.1.9.1 - Sustainable Transportation. Vehicular trips shall be reduced through a combination of the following (Figure 11-14):
1. Provision of housing opportunities in proximity to employment opportunities; 2. Provision of essential services and recreational opportunities in proximity to demand;
3. Provision of an interconnected street network designed for pedestrians, cyclists, the automobile and transit; 4. Provisions for parking that will encourage pedestrian and public transportation
alternatives; 5. Provisions for incentives encouraging multiple modes of transportation. Policy 11.1.9.2 - Connected, Multi-modal Transportation System. The transportation system shall provide multi-modal capabilities and be connected through a network of public streets that are visually appealing. The visual and functional characteristics of streets are important in the design of the community and shall be guided by the following design principles:
• Streets shall be designed to create a sense of place that reflects the rural or urban character of the surrounding area;
• Streets shall be designed to accommodate a mix of travel modes including vehicles,
bikes, transit and pedestrians;
• Streets shall be designed including pavement width, bikeways, pedestrian-ways,
parking, lighting, landscaping and signage;
• All streets shall be public.
Policy 11.1.9.3 - Future Street Network Plan. The Future Street Network Plan (FSN) (Figure 11-15) provides a predictable system of interconnected north-south and east-west streets spaced every one-quarter to one-half mile to offer multiple route choices, disperse traffic and discourage local trips on the Interstate and arterials. The North St. Lucie County FSN Plan identifies the proposed transportation network for the area and works in concert with the North St. Lucie County General Retail Development Plan (Figure 11-13) and the North St. Lucie County Workplace Plan (Figure 11-16). To ensure the success of future retail and workplace uses, the FSN Plan shall be implemented with consideration of the retail and workplace strategy. The Future Road Capital Improvements for the area designated for 2030 are indicated in Table 11-9.
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Top: Conventional Pattern of Development: Uses are strictly separated, roads don’t connect except through a major arterial. Bottom: Traditional Pattern of Development: Uses coexist and form multi-
income, multi-use neighborhoods. All roads connect.
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Table 11-910 North St. Lucie County Future Road Capital Improvements – 2030
Roadway / Segment Existing + Committed Network Number of Lanes
Year 2030* Minimum Number of Lanes Interstate 95
Indian River County Line to SR 614 (Indrio Road) 6 6
SR 614 (Indrio Road) to SR 68 (Orange Avenue) 6 6 CR 603 (Johnston Road)
25th St. SW to SR 614 (Indrio Road) 2 4
SR 614 (Indrio Road) to W Angle Road 2 4 CR 607 (Emerson Avenue)
25th St. SW to SR 614 (Indrio Road) 2 2
SR 614 (Indrio Road) to Immokolee Road 2 2 SR 713 (Turnpike Feeder Rd/Kings Hwy)
US1 to SR 614 (Indrio Road) 2 4
SR 614 (Indrio Road) to CR 608 (St. Lucie Blvd.) 2 4
CR 608 (St. Lucie Blvd.) to W. Angle Road 2 4 SR 614 (Indrio Road)
I-95 to CR 603 (Johnston Road) 2 4
CR 603 (Johnston Road) to CR 607 (Emerson Avenue) 2 4
CR 607 (Emerson Avenue to SR 713 (N. Kings Hwy) 2 2
SR 713 (N. Kings Hwy) to US 1 2 2 Immokolee Road
Emerson Avenue to SR 713 (N Kings Hwy) 2 4 SR 608 (St. Lucie Boulevard)
SR 713 (N Kings Hwy) to CR 611 (Keen Rd) 2 4
*Based on maximum build-out identified in Table 3-1 of the TVC Element. Policy 11.1.9.4 - Rights-of-Way. St. Lucie County shall identify right-of-way needs in the FSN Plan and shall reserve and protect existing and future rights-of-way to provide for an efficient multi-modal transportation system. Policy 11.1.9.5 - New Development and the FSN Plan. New development shall provide the appropriate links of the FSN Plan that run through their properties at the time of development. The alignment of the regional roadway network outlined in the FSN Plan is adaptable provided the intent of the links is maintained. Final alignments shall be subject to approval by St Lucie County. Roadway capacity necessary to support proposed development shall exist
or be built concurrently with the proposed development to ameliorate the impact created by new growth. Policy 11.1.9.6 - Internal Street Network. Neighborhoods shall construct interconnected networks of public streets in a predictable block pattern that encourages walking, reduces the number and length of automobile trips, provides multiple circulation routes, and conserves
energy. Policy 11.1.9.7 - Interconnected Neighborhoods. The transportation system shall be designed so that multiple streets, bicycle paths and sidewalks continue into adjacent neighborhoods and developments to facilitate convenient movement and disperse traffic throughout the local network. Connections to existing or future collectors shall be provided at approximately one-quarter mile intervals. Dead-end streets are prohibited, except when necessary at the edge of development to provide stub outs for future connections to adjacent, undeveloped properties.
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Policy 11.1.9.8: Roadway Character. Development shall be designed to maintain open vistas and protect the integrity of the rural character of existing roadways. Special Area Plans shall identify such roadways and the Land Development Regulations shall include design standards to accomplish this intent. Street sections of roadways that travel between Towns and Villages shall adjust to provide a transition area from rural to urban so as to reduce vehicular speed within developed areas.
Policy 11.1.9.9 - Street Types. Street Types shall be developed for the TVC area that are functional, visually appealing, and promote walking, cycling and transit. These street sections
will be acceptable road types for both public construction projects and for privately built roads and will be consistent with the principles of the TVC Element. Policy 11.1.9.10 - Street Trees. Regularly spaced shade trees shall be encouraged to provide shade for pedestrians and cyclists along all new streets. Policy 11.1.9.11 - Interconnected Parcels. Interconnections between complementary uses shall be encouraged, including access and circulation among parking lots and to pedestrian paths. Shared driveways, frontage streets, and parking with cross access easements shall be encouraged to reduce conflicts with the main flow of traffic. Policy 11.1.9.12 - Parking Location. Neighborhood Centers and Neighborhood Cores shall be designed to promote a “park once” environment to encourage walking between multiple destinations. Shared parking arrangements shall be encouraged. Parking lots and garages
shall be shielded from the view of the sidewalk preferably located behind or to the sides of buildings to enhance the pedestrian environment of the street. Policy 11.1.9.13 - Recreational Trail and Greenway System. Developments shall create an interconnected network of routes for pedestrians and cyclists providing links to schools, parks, adjacent neighborhoods and developments as well as non-motorized trails along or within the Countryside and Flow Way areas. Policy 11.1.9.14 - Transportation Demand Management. St. Lucie County shall establish incentives for offices to encourage public transit, ride sharing, modified and flexible work hours, and to provide bicycle racks/storage and shower facilities to encourage walking/bicycling to work. Policy 11.1.9.15 - Remedies for Roadway Deficiencies. Where roadways are found to be deficient, according to methods used by St. Lucie County, the County shall consider that the appropriate remedy to restoring a satisfactory level of service is not necessarily widening of the link, but may be:
• Intersection improvements;
• Signalization changes;
• Turning or auxiliary lanes;
• Access management;
• Improvements in parallel corridors
• Other traffic engineering measures Policy 11.1.9.16 - Financing Tools and Strategies Special Assessment District. Within 12 months from the effective date of this policy, the County shall create a special taxing district
and/or a municipal services taxing or benefit unit (MSTU/MSBU) to fund capital improvement
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programs within the NSLC SAP to the extent necessary beyond developer contributions in the form of impact fees, proportionate fair share contributions, and other developer agreements. The potential for this assessment shall be fully disclosed. The geographic boundaries of such special district and/or MSTU/MSBU shall encompass not less than the entire area subject to the TVC land use designation as of the effective date of this policy; provided that such special district and/or MSTU/MSBU may establish sub-districts as authorized by law. Such special district and/or MSTU/MSBU shall not levy an assessment for
the capital cost of a transportation improvement against any development that has paid its proportionate fair-share contribution toward the same improvement pursuant to Section 163.3180(12) or 163.3180(16), Florida Statutes; provided, however, that such development
may be assessed for maintenance of such improvements or pursuant to the agreement of the owner(s) of such development. Development that contributes an amount in excess of the proportionate share or proportionate fair share amount toward transportation improvements
not specifically identified for funding in the 5-Year Capital Improvements Schedule shall be reimbursed for such excess amount as provided in the County’s land development code. For long-range transportation improvements and for acquiring links in the Flow Way System and
Countryside components, the County shall use a variety of financing tools and strategies, as necessary and appropriate, to supplement such contributions from developers and the revenues produced by the special taxing district and/or MSTU/MSBU. The objective of the County is to achieve fiscal neutrality. Policy 11.1.9.18 and Policy 9.1.1.2.6 identify funding for the five-year capital improvements schedule for transportation facilities within the NSLC SAP. Policy 11.1.9.17 - Transportation Concurrency. Transportation infrastructure shall be in place or committed through an appropriate capital improvements program and scheduled to be in
place within three years from the approval of the building permit or its functional equivalent that results in traffic generation. The Capital Improvements Element shall specify the timeframe and responsible party, whether the County, developer, or otherwise, for funding of such transportation infrastructure. However, a project that meets the requirements of the TVC Element may, as included in Section 163.3180(5)(h), Florida Statutes, for transportation facilities or facility segments specifically identified for funding in the 5-year schedule of capital
improvements in the Capital Improvements Element, choose to satisfy transportation concurrency requirements by contributing or paying proportionate fair-share mitigation. For transportation facilities or facility segments not specifically identified for funding in the 5-year schedule of capital improvements, the County may at its discretion accept proportionate share mitigation to satisfy transportation concurrency as authorized in Section 163.3180(5)(h), Florida Statutes. In all cases, mitigation for development impacts to facilities
on the Strategic Intermodal System made pursuant to Section 163.3180(5)(h) shall require the concurrence of the Florida Department of Transportation. Any development or development phase that has satisfied transportation concurrency by paying or contributing a proportionate share pursuant to this policy, computed in accordance with Section 163.3180(5)(h)2.a., F.S., shall be deemed to have fully mitigated its impacts on transportation facilities. Policy 11.1.9.18 - Funding Transportation Facility Improvements. Policy 9.1.1.26 is a fiscal analysis that shows the committed funding sources (first three years) and planned funding sources (years four and five) for the estimated cost of transportation capital improvements included in the five-year transportation improvements schedule for the NSLC SAP, pursuant
to Policy 9.1.1.21. Projects scheduled in years one through three include only state-federal roadway improvements and are scheduled for funding by the Florida Department of Transportation. Policy 9.1.1.26 shows the amount of developer contributions, in the form of
impact fees and/or proportionate fair-share contributions projected to be available for transportation improvements based on general market demand analysis. Within 12 months
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from the effective date of this policy, the County shall create a dependent special taxing district and/or a municipal services taxing or benefit unit (MSTU/MSBU) within the NSLC SAP. The geographic boundaries of such special district and/or MSTU/MSBU shall encompass not less than the entire area subject to the TVC land use designation as of the effective date of this policy; provided that such special district and/or MSTU/MSBU may establish sub-districts as authorized by law. The ability of the special taxing district and the MSTU to levy taxes and /or special assessments will exceed the anticipated funding
requirements, beyond developer contributions, for transportation improvements in years four and five of the five-year capital improvements schedule (Policy 9.1.1.26). The potential for assessment shall be fully disclosed. The Board of County Commissioners has full authority
to establish independent community development districts pursuant to Chapter 190, Florida Statutes, as well dependent special districts and/or municipal taxing or benefit units (MSTU/MSBUs) without referendum or legislative approval, pursuant to Sections
125.01(1)(q) and 189.4041, Florida Statutes. Transportation improvements funded or constructed by such special district and/or MSTU/MSBU shall be consistent with the master transportation plan developed pursuant to Policy 3.1.9.23. Until such special district and/or
MSTU/MSBU is formed, the County shall issue development orders to permit construction of not more than 1500 residential units and 80,000 square feet of commercial uses within the TVC area of the NSLC SAP, unless (1) a community development district or other special district, specific to a proposed development, is formed to fund and build the infrastructure necessary to maintain adopted level of service standards with the impacts of the proposed development, or (2) proportionate fair-share contributions are received by the County, or (3) funding is secured through enforceable developer agreements adequate to fund such necessary infrastructure are received by the County.
Policy 11.1.9.19 - Transportation Planning Maps. The Transportation Planning Organization (TPO) long range transportation planning maps have been amended to reflect the
transportation network identified on the North St. Lucie County Future Street Network Map (Figure 11-15). After adoption of Special Area Plans, St. Lucie County will support amendments to the TPO long range planning maps at the next opportunity to reflect future transportation networks. Policy 11.1.9.20 - Internal Capture Rate. Using mixed-use planning and compact urban form, including commercial, office, industrial and institutional uses, contemplated herein, the internal capture rate (ICR) for vehicular trips should be maximized. Analysis of transportation impacts will assume a 36.3% ICR, subject to adjustment upward or downward in the local development review process, and will therefore provide an evaluation of which off-site transportation improvements are required under this scenario. Policy 11.1.9.21 - Monitoring Transportation Impacts. Within two years of adoption of the TVC Element, the County working in conjunction with the Treasure Coast Regional Planning
Council and Florida Department of Transportation, will establish a methodology and monitoring program to track and evaluate internal trip capture within the TVC area, capacity on the internal TVC network, and impacts to I-95 and Indrio Road (SR-614). This program is
intended both to document transportation impacts as development in the TVC area proceeds and to help ensure timely scheduling, funding and provisions of transportation improvements. Policy 11.1.9.22 - Jobs to Housing Ratio. The number of jobs per household within the North St. Lucie County Special Area Plan shall exceed the regional average ratio. Within two years of adoption of the TVC Element, the County working in conjunction with Treasure Coast Regional Planning Council and Florida Department of Transportation, will establish a
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methodology and monitoring program to document, at set intervals, that development within the plan area is yielding this result. Policy 11.1.9.23 - Master Transportation Plan. Within two years from the effective date of this policy, the County will establish a master transportation plan to direct funding for and to prioritize building roadways identified in the Future Street Network (Figure 11-15) and other necessary transportation improvements for the TVC area. The plan shall be evaluated
annually to ensure coordination with improvements planned within the County, within Indian River County, by the Transportation Planning Organization, by the Florida Department of Transportation and by the Turnpike Authority.
Objective 11.1.10: To position St. Lucie County as a competitive business environment both at the regional and national levels, and, to create the conditions of sustainable economic
development by promoting high-wage, high-quality employment opportunities. Policy 11.1.10.1 - Regional Business District. Support the area located at the convergence
of Interstate 95 and the Florida Turnpike to develop into a regional commercial/research Business District (Figure 11-16). Policy 11.1.10.2 - New Commercial Businesses. New commercial businesses of varying sizes shall be encouraged to locate within the Business District, the Transitional Area, all new retail nodes identified on the General Retail Development Plan (Figure 11-13), as well as in the Neighborhood Centers of new Towns and Villages in order to reduce the amount of commuting by area residents. Policy 11.1.10.3 - Transitional Area. Promote clean industry that clusters and integrates with retail, workplace and residential uses such as live/work units and Workforce Housing in the
industrial area generally located at the intersection of Kings Highway and St. Lucie Boulevard. This mixed-use area is intended to provide a transition between the more intense Airport/Industrial future land use to the north and the residential areas to the south. Residential units built under this policy shall include appropriate soundproofing and provide disclosure regarding airport noise. Policy 11.1.10.4 - Agricultural Research & Education Facilities. Uses complementary to and supportive of Agricultural Research & Education Facilities are encouraged within the TVC area and may be arranged within the Countryside. Policy 11.1.10.5 - Connectivity. Require connectivity between businesses and the residential component of every new neighborhood. Policy 11.1.10.6 - Incentives. Extend incentives such as job growth investment grants, ad
valorem tax adjustments and "fast track" permitting to businesses that locate in accordance with the TVC Settlement Principles and locations. Policy 11.1.10.7 - Public/Private Partnerships. Encourage the development of industry and business clusters by supporting public/private partnerships to build the necessary infrastructure for said clusters. Policy 11.1.10.8 - High-Quality Jobs. Support initiatives to attract industries that create fulltime, year-round, high-wage and high-quality jobs.
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Policy 11.1.10.9 - Changes. Changes to allow for industrial or commercial uses in areas not designated as industrial/business district, Town, Village or Neighborhood Center within the north county region shall be the subject of future comprehensive plan amendments. The map identifies the approximate location, type and scale of new retail/workplace uses located at key intersections of the future transportation network. The intent of this map is to show the general vicinity and major roads or intersections where the proposed use is
appropriate. While these locations are not precisely site specific, the proposed uses should be provided within a 1/4 mile of the area indicated on the map. Location of these land uses support the transportation concurrency strategy for the overall area. Not providing for these
uses within a 1/4 mile radius of specified areas and along the proposed corridors will require a review of the overall transportation network and concurrency strategy for the TVC area.
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,., .. ·Jfli ....
St. Lucie News-Tribune
1939 SE Federal Highway, Stuart, FL 34994
AFFIDAVIT OF PUBLICATION
ST LUCIE CO GROWTH MGMT
2300 VIRGINIA AVE
FORT PIERCE, FL 34982
ATTN IRENE SZEDLMAYER
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned authority personally appeared,
said legal clerk, who on oath says that he is a legal
clerk Manager of the St. Lucie News-Tribune, a daily
newspaper published at Fort Pierce in St. Lucie
County, Florida: that the attached copy of
advertisement was published in the St. Lucie News-
Tribune in the following issues below. Affiant further
says that the said St Lucie News-Tribune is a
newspaper published in Fort Pierce, in said St. Lucie
County, Florida, and that said newspaper has
heretofore been continuously published in said St.
Lucie County, Florida, daily and distributed in St. Lucie
County, Florida, for a period of one year next preceding
the first publication of the attached copy of
advertisement ; and affiant further says that she has
neither paid or promised any person, firm or
corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for
publication in the said newspaper. The St. Lucie News-
Tribune has been entered as Periodical Matter at the
Post Offices in Fort Pierce, St. Lucie County, Florida
and has been for a period of one year next preceding
the first publication of the~ttached copy of
advertisement.
4/7/2023
Subscribed and sworn to before on the 7th of April 2023
Notary, State of WI, County of Brown
My commission expires: /-) .-✓
PUBLICATION COST: $315.00
AD NO: GCI 1043480
CUSTOMER NO: 438160
PO#: PUBLIC NOTICE
THIS IS NOT AN INVOICE
KATHLEEN AL~E.N
Notary Public
~~~~
Page 144 of 197
ST. LUCIE COUNTY
PLANNING AND ZONING
COMMISSION
ACTING AS THE LOCAL
PLANNING AGENCY
PUBLIC HEARING AGENDA
Thursday, April 20, 2023
NOTICE OF THE PROPOSED AMENDMENT OF THE
TOWNS, VILLAGES AND COUNTRYSIDE ELEMENT OF THE
ST. LUCIE COUNTY COMPREHENSIVE PLAN AND THE
LAND DEVELOPMENT CODE REGARDING STANDARDS,
REQUIREMENTS AND DEVELOPMENT OPTIONS IN THE
TOWNS, VILLAGES AND COUNTRYSIDE OVERLAY ZONE
The St. Lucie County Planning and Zoning Commission Is scheduled to review and make
recommendations regarding petitions for adoption by the Board of County Commissioners of
St. Lucie County, Florida, of the following Ordinances:
ORDINANCE NO.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,
FLORIDA, AMENDING OBJECTIVES AND POLICIES IN THE TOWNS, VILLAGES AND
COUNTRYSIDE ELEMENT OF THE ADOPTED COMPREHENSIVE PLAN, ADOPTING NEW
POLICIES TO PROVIDE FOR THE HAMLET FORM OF DEVELOPMENT AND TO CREATE
NEW POLICIES TO PROVIDE FOR THE HAMLET FORM OF DEVELOPMENT, AND REMOVING
SUPERCEOED TEXT REGARDING DEVELOPMENTS OF REGIONAL IMPACT; PROVIDING
FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING
FOR FILING WITH THE DEPARTMENT OF ECO N O M IC O PP O R TU N IT Y;
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR
CODIFICATION
PURPOSE: The applicant, Lennar Corporation, filed a Text Amendment to the Towns, Villages, and
Counlryside Element of the Adopted Comprehensive Plan. The proposed amendment would
allow the development of a Hamlet Planned Unit Development on 500 acres outside the Urban
Services Boundary as an alternative to the development of a Town or Village, allow increased
density by providing workforce housing that shall remain affordable for at least 20 years, require a
mix of housing types for a range of household sizes, require a Hamlet to contain at least 500 acres, and establish other policies regarding open space, walkability, conneclivity, and the mix of uses.
FILE NUMBER: TCP-1202226266
ORDINANCE NO.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,
FLORIDA, AMENDING THE TEXT OF THE LANO DEVELOPMENT CODE, SECTION 4.04.00
TO 4.04.05. WITHIN THE TOWNS, VILLAGES ANO COUNTRYSIDE OVERLAY ZONE, ANO
ENACTING SECTION 7.01 .04, STANDARDS ANO REQUIREMENTS FOR HAMLET PLANNED
UNIT DEVELOPMENTS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE
DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION;
ANO PROVIDING FOR CODIFICATION.
~SE;_Th<Lamilil&!!l,J.lmlli!LCJl!p~, filed a Text Amendment to the Land Development
Code, Sections 4.04.00 to 4.04.05., Towns, Villages and Counlryside Overlay Zone, to allow a Hamlet
Planned Unil Development (PUD) and Chapter VII, Development design and Improvement Standards,
to enact a new Section 7.01 .04, to establish regulations and standards to govern Hamlet PUDs within
the Towns, Villages, Countryside Overlay Zone.
FILE NUMBER: TLDC-1202226267-26267
The Planning and Zoning Commission PUBLIC HEARINGS on these items will be held in the
Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County on Thursday, April 20, 2023
beginning at 6:00 pm or as soon thereafter as possible.
All interested persons will be given an opportunity to be heard. Written comments received in advance
of the public hearing will also be considered. Comments must be submitted by noon the day prior to
the meeting. Commenls will be distributed to lhe Commission in advance of the meeting and included
in the record provided the comments comply with the County's rules.
The petition files are available for review at the Planning and Development Services Department
offices located at 2300 Virginia Avenue, 2"' Floor, Fort Pierce, Florida, during regular business hours.
Please call (772) 462-2822 or TOO (772) 462-1428 if you have any questions or require additional
information.
The St. Lucie County Planning and Zoning Commission has the power to review and recommend to
the St. Lucie County Board of County Commissioners, for approval or disapproval, any applications
within their area of responsibility.
The proceedings of the Planning and Zoning Commission are electronically recorded. PURSUANT TO
Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Planning
and Zoning Commission with respect to any matter considered at a meeling or hearing, he or she will
need a record of the proceedings. For such purpose, he or she may need lo ensure lhat a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testitying during a
hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine
any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may
be continued to a date-certain.
Anyone with a disability requiring accommodation to attend this meeting should contact the St.
Lucie County Community Risk Manager at least forty-eight (48) hours prior to the meeting at (772)
462-1546 or T.O.D. (772) 462-1428. Any questions about this agenda may be referred to St. Lucie
County Planning Division at (772) 462-2822.
PLANNING AND ZONING COMMISSION/
LOCAL PLANNING AGENCY
ST. LUCIE COUNTY, FLORIDA
/Si ROBERT LOWE, CHAIRMAN
PUBLISH DATE: Friday, April 7, 2023 TR-GCl1043480-01
Page 145 of 197
sc TCPALM.COM I FRIDAY, APRIL 7, 2023 I 11A
Alimony overhaul is going
to the full Florida Senate
Dara Kam
NEWS SERVICE OF FLORIDA
TALLAHASSEE - Could the fourth time be the
charm?
After governors have vetoed three previous attempts
to change Florida's alimony laws, the latest proposed
revamp is headed to the full Senate for a vote.
The Florida Bar's Family Law Section and supporters
of overhauling alimony laws clashed for a decade. But
the former foes have banded together this year to en-
dorse a plan to do away with "permanent" alimony and
make a series of other changes.
A group of mostly older women who rely on the pay-
ments, however, are pleading with lawmakers to block
the overhaul, saying they've been left.out of the discus-
sions over changes that could upend their Jives.
Several members of the "First Wives Advocacy
Group" addressed the Senate Rules Committee before
the panel approved the proposal (SB 1416) on Wednes-
day.
As with previous versions of the bill, their main
source of concern is a proposal to do away with perma-
nent alimony. The measure would set up a process for
ex-spouses who make aJimony payments to seek mod-
ifications to alimony agreements when they want to re-
tire.
Supporters of the legislation say it would codify into
law a court decision in a 1992 divorce case that judges
use as a guidepost when making decisions about retire-
ment.
Senate bill sponsor Joe Gruters, a Sarasota Repub-
lican who has shepherded similar legislation in the
past, tried to assure the committee Wednesday that this
year's version would not unconstitutionally affect ex-
isting alimony settlements, a concern raised by Gov.
Ro_n DeSantis when he vetoed an alimony bill last year.
This year's proposal "went to what is currently case
law," Gruters said, pointing to the 1992 ruling.
"So what you can do right now, under case law, we
now codify all those laws and make that the rule of law.
So we basically just solidify that. So from a retroactivity
standpoint, no, because if anything could be modifiable
before, it's still modifiable. If it's a non-modifiable
agreement, you still can't modify that agreement," he
said.
But Leisa Athey, a permanent alimony recipient, said
the bill only incorporates "strategically selected parts"
of the decades-old case.
Athey said judges sometimes agree to permanent al-
imony when assets have been dissipated by an ex-
spouse.
"When people get divorced, there's not always equi-
table distribution," Athey said. "So the way judges com-
bat that is they award pennanent alimony, so that each
party just walks away with an equitable share."
Under the proposed changcs,alimony recipients will
have no recourse if, for example, a business has been
dissolved or handed over to someone else, Athey ar-
gued.
"How do they go back and get their half of the shared
business?" she said. "That's over and done with .... Lis-
ten, it happens all the time in divorces."
Supporters of changes have spent JO years trying to
overhaul the laws, which haven't been updated in dec-
ades. Many of the advocates are wealthy professionals
who contend that lifelong alimony obligations have
forced them to continue working long past the time
when they wanted to retire.
DeSantis' veto last year marked 01e third time that
bills have made it through the Republican-controlled
Legislature only to be rejected. Fonner Gov. Rick Scott
twice vetoed such legislation, with a standoff over the
issue leading to a near-fracas outside Scott's office in
2016.
Along with doing away with pennanent alimony, this
year's proposal would set a five-year limit on what is
known as "rehabilitative"alimony. Under the plan, peo-
ple who have been married 20years or longer would be
eligible to receive payments for up to 75 percent of the
term of the marriage.
The bill also would allow people paying alimony to
seek modifications ff "a supportive relationship exists
or has existed" involving their ex-spouses in the previ-
ous year.
Critics argue the provision is vague and could apply
to temporary roommates who help alimony recipients
cover living expenses for short periods of time.
Camille Fiveash, a 62-year-old Milton resident, has
Jong battled the effort to eliminate pennanent a1imony.
She told the Senate panel Wednesday her group has
about 3,000 members statewide.
"Most are Republican women, most are stay-at-
home moms, moms that home-schooled. Men go off
and work a lot of times, and the wife does stay home.
That still happens today,'" she said.
Fiveash said the women were not included in negoti-
ations over the bill during the past year.
"We have not been asked. We have never been asked,
and we have never been consulted on our opinion," she
said.
This year's version of the bill does not include a con-
troversial provision that would have required judges to
begin with a "presumption" that children should split
their time equally between parents. Scott largely
pinned his 2016 veto of an alimony bill on a similar
child-sharing provision. The Family Law Section fierce-
ly opposed the inclusion of the child-sharing provision
in previous iterations of the alimony-reform proposals.
An identical House alimony bill (HB 1409) needs to
clear one more committee before it could go to the full
House.
ST. LUCIE COUNTY
PLANNING AND ZONING
COMMISSION
ACTING AS THE LOCAL
PLANNING AGENCY
PUBLIC HEARING AGENDA
Thursday, April 20, 2023
NOTICE OF THE PROPOSED AMENDMENT OF THE
TOWNS, VILLAGES AND CDUNTRVSIOE ELEMENT OF THE
ST, LUCIE COUNTY COMPREHENSl\11' PLAN AND THE
LAND DE\ll'LDPMENT CODE REGARDING STANDARDS,
REQUIREMENTS AND DEVELOPMENT OPTIONS IN THE
TOWNS, VILLAGES AND COUNTRYSIDE 0\/l'RLAV ZONE
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Page 146 of 197
Ordinance No. 2023-___
Page 1
.
ORDINANCE No. 2023-
FILE NO.: TCP-1202226266-26266
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA, AMENDING OBJECTIVES AND POLICIES IN THE TOWNS,
VILLAGES AND COUNTRYSIDE ELEMENT OF THE ADOPTED COMPREHENSIVE
PLAN, ADOPTING NEW POLICIES TO PROVIDE FOR THE HAMLET FORM OF
DEVELOPMENT, AND REMOVING SUPERCEDED TEXT REGARDING
DEVELOPMENTS OF REGIONAL IMPACT; PROVIDING FOR CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING FOR FILING WITH THE DEPARTMENT OF E C O N O M I C
O P P O R T U N I T Y ; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
ADOPTION; AND PROVIDING FOR CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida,
based on the testimony and evidence, including but not limited to the staff report, has
made the following determinations:
1. On January 9, 1990, the Board of County Commissioners of St. Lucie
County, Florida, adopted the St. Lucie County Comprehensive Plan.
2. In 2006, the Board of County Commissioners of St. Lucie County adopted by
ordinance amending the Comprehensive Plan to create the Towns, Villages,
Countryside Element.
3. The Board of County Commissioners of St. Lucie, as the governing body of St.
Lucie County having jurisdiction over this application pursuant to Chapter
163, Florida Statutes, is authorized and empowered to consider amendment
to the adopted Comprehensive Plan of St. Lucie County.
4. On April 20, 2023, the St. Lucie County Planning and Zoning Commission
acting as the Local Planning Agency held a public hearing, of which due
notice was published in the St. Lucie News Tribune and recommended
approval of the proposed amendment to the Board of County Commissioners.
5. On______, the Board of County Commissioners of St. Lucie County, Florida
held the required public hearing, of which due notice was placed in the St. Lucie
News Tribune.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
Page 147 of 197
Ordinance No. 2023-___
Page 2
.
A. ADOPTION OF THE AMENDMENT
The Board of County Commissioners does hereby adopt the amendment to the St.
Lucie County Comprehensive Plan, attached herein as Exhibit A.
B. CHANGES TO THE COMPREHENSIVE PLAN
The Board of County Commissioners does hereby state its intention to amend
Chapter 11 of the St. Lucie County Comprehensive Plan, the Towns, Villages,
Countryside Element, to permit the Hamlet form of development.
C. 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 the Ordinance are hereby superseded by this Ordinance to the extent
of such conflict.
D. 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 provisions thereof shall be
held to be inapplicable for any person, property, or circumstances, such holding
shall not affect its applicability to any other person, property, or circumstances.
E. APPLICABILITY OF ORDINANCE
This Ordinance shall be applicable as stated in Paragraph A and B.
F. FILING WITH THE DEPARTMENT OF STATE
The Clerk is hereby directed forthwith to send a certified copy of the Ordinance to
the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304.
G. FILING WITH THE STATE LAND PLANNING AGENCY
The Planning and Development Services Director shall send a certified copy of the
Ordinance to the Department of Economic Opportunity, Community Planning
and Development Programs, 107 East Madison Street, Caldwell Building,
Tallahassee, Florida 32399-4120.
H. EFFECTIVE DATE
Page 148 of 197
Ordinance No. 2023-___
Page 3
.
This Ordinance shall take effect thirty-one (31) days after the adoption. If the
Ordinance is challenged within thirty (30) days after adoption, the Ordinance
shall not be effective until the State Land Planning Agency or Administration
Commission respectively issues a final order finding the adopted amendment in
compliance in accordance with Section 163.3184(10), Florida Statutes.
I. CODIFICATION
This Ordinance, upon its effective date, shall be codified by incorporating any
contained changes into the St. Lucie County Comprehensive Plan.
J. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Cathy Townsend, Chair XXX
Linda Bartz, Vice-Chair XXX
Chris Dzadovsky, Commissioner XXX
Jamie Fowler, Commissioner XXX
Larry Leet, Commissioner XXX
PASSED AND DULY ENACTED this _____ day of ______, 2023.
Attest: Board of County Commissioners
St. Lucie County, Florida
__________________________ By:__________________________
Deputy Clerk Chair
Approved As To Form and
Correctness:
By: ____________________________
County Attorney
Page 149 of 197
ITEM NO. (ID # 2023-59680)
DATE: 4/20/2023
AGENDA REQUEST
TO: Planning and Zoning Commission
PRESENTED BY: Irene Szedlmayer, Senior Planner
SUBMITTED BY: Planning & Development Services
SUBJECT: Land Development Code (LDC) Text Amendment: Lennar Homes proposal to amend
the Towns, Villages & Countryside (TVC) Overlay
BACKGROUND:
This is the first of three anticipated public hearings on this request to amend the Land Development Code
regarding the Towns, Villages, Countryside Overlay Zone. Following receipt of a recommendation by the
Planning and Zoning Commission, the Board of County Commissioners (Board or BOCC) will hold two public
hearing on the proposed amendment.
PREVIOUS ACTION:
• In 2006, St. Lucie County Board of County Commissioners adopted Ordinance 2006-019 and thereby
established the Towns, Villages, Countryside Element of the St. Lucie County Comprehensive Plan.
• In 2006, the Board also adopted amendments to the Land Development Regulations to implement the TVC
Element. The LDR amendments established the TVC Overlay Zone; the Planned Towns and Villages,
Planned Country Subdivision, and the Planned Retail/Workplace Zoning Districts; and established the
permitted uses and development standards applicable within the TVC Overlay and the TVC zoning
districts.
• The TVC Element and the LDC became effective in 2009.
• In 2011, “clean-up” type amendments were adopted to Chapter 3 and Chapter 4 of the LDC regarding the
TVC.
• Most recently, in 2020, the TVC Element of the Comprehensive Plan and the LDC were amended to reduce
the minimum period of guaranteed affordability for workforce housing from twenty-five (25) years to eight (8)
years.
FINANCIAL IMPACT:
None
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission forward a recommendation of approval to the
Board of County Commissioners of the proposed amendment, as revised by staff.
COMMISSION ACTION:
Page 150 of 197
RESULT:
MOVER: None
SECONDER: None
AYES: None
NAYS: None
EXCUSED: None
Coordination/Signatures
Date: April 14, 2023
Benjamin Balcer, Planning & Development Services Director
Date: April 14, 2023
Katherine Barbieri, Assistant County Attorney III
Page 151 of 197
Planning and Development Services Department
Planning Division M E M O R A N D U M
APPLICANT AND FILE INFORMATION
Applicant: Lennar Corporation c/o Gregory Pettibon Director, Land Acquisitions 8895 N. Military Trail, Suite 101-B Pam Beach Gardens, FL 33410 Applicant’s Agent: Cotleur & Hearing, Inc. Mariana Arias Sanz, AICP & Daniel Sorrow, PLA, AICP, LEED AP BD+C 1934 Commerce Centre Lane, Suite 1 Jupiter, FL 33458 Project Name: Lennar Homes- Towns, Villages, Countryside Land Development Code Amendment File Number: TLDC-1202226267-26267
APPLICANT’S REQUEST
Lennar Homes has petitioned to amend the St. Lucie County Land Development Code (LDC), Section 4.04.00., Towns, Villages, Countryside Overlay Zone, and Section 7.01.00., Development Design and Improvements Standards for Planned Unit Developments. The purpose of the proposed amendments is to permit the development
TO: St. Lucie County Planning and Zoning Commission (Local Planning Agency) THROUGH: Benjamin Balcer, AICP, Director Kori Benton, AICP, Planning Manager FROM: Irene A. Szedlmayer, AICP, Senior Planner DATE: April 13, 2023
SUBJECT: Proposed Amendment of the St. Lucie County Land Development Code, Section 4.04.00, Towns, Villages, Countryside Overlay Zone, and Section 7.01.00, Planned Unit Development
Page 152 of 197
Project Name: TVC LDC Amendment File No.: TLDC-1202226267-26267
2
of a Hamlet as a Planned Unit Development (PUD) within the Towns, Villages, Countryside Overlay Zone and to establish the standards for such a Hamlet PUD.
PROCEDURE
This is the first public hearing on Lennar’s request to amend the LDC to provide for the Hamlet form of development in the Towns, Villages, Countryside Overlay Zone (TVC Overlay). Following receipt of a recommendation by the Planning and Zoning Commission, the Board of County Commissioners will hold two public hearings on the proposed amendment, as required by LDC Section 11.00.03.B.3.
The request to amend the LDC is the companion application to Lennar’s application to amend the St. Lucie County Comprehensive Plan, Chapter 11, the Towns, Villages, Countryside Element. The corresponding Comprehensive Plan will also be the subject of three public hearings.
Parallel Proposal
An application for a Rezoning and Preliminary Development Plan is pending for approximately 1,083 acres located north of Indrio Road, west of Koblegard Road, east of Spanish Lakes, and adjacent to the boundary between St. Lucie County and Indian River County. Review of the proposed Preliminary Development Plan and Phase 1 Final Site Plan are on hold, pending the outcome of the policy amendments. The Rezoning and Preliminary Development Plan petitions, for specific land and design, are not on this public hearing agenda.
BACKGROUND
Lennar Corporation has an interest in approximately 1,083 acres with the Towns, Villages, Countryside Future Land Use Designation that it wishes to develop for residential use. The land is in the AG-1 (Agriculture-1) Zoning District and the TVC - Overlay Zone (Towns, Villages, Countryside).
Based on archived planning records, it appears that between 2005 and 2007 several Site Plan applications were submitted seeking to develop a residential subdivision on the 1,083-acre site currently under control by the Applicant for this amendment of the LDC. Two were apparently withdrawn before advancing to a public hearing. A PUD for 962 homes was approved in 2005, but that approval expired in 2007.
TVC History Snapshot
In 2006, following what was described in previous staff reports for other applications as a two-year, in-depth, citizen-driven public engagement process (the North St. Lucie County Charette), the St. Lucie County Board of County Commissioners adopted the Towns, Villages, Countryside Element of the St. Lucie County Comprehensive Plan (TVC Element of the Comp. Plan or TVC Element). In 2006, the Board also adopted amendments to what was then called the Land Development Regulations (now the Land
Page 153 of 197
Project Name: TVC LDC Amendment File No.: TLDC-1202226267-26267
3
Development Code) to implement the TVC Element. The LDC amendments established the TVC Overlay Zone; the Planned Towns and Villages, Planned Country Subdivision, and the Planned Retail/Workplace Zoning Districts; and established the permitted uses and development standards applicable within the Overlay and the TVC zoning districts. The TVC Element and the LDC became effective in 2009. In 2011, “clean-up” type amendments were adopted to Chapter 3 and Chapter 4 of the LDC regarding the TVC.
Recently, development interest and activity in the TVC has increased. In August 2019, a Major Site Plan for a Publix Supermarket on Indrio Road at Emerson Avenue was approved. In December 2020, a Preliminary Development Plan was approved for the Indrio and I-95 Planned Town on 834 acres. Both of those approvals remain valid.
In 2020, both the TVC Element of the Comprehensive Plan and the LDC were amended to reduce the minimum period of guaranteed affordability for workforce housing from twenty-five (25) years to eight (8) years.
The extent of the TVC Overlay Zone is shown in Figure 1. The boundaries of the TVC Overlay Zone and the TVC Future Land Use Designation are identical.
In 2022, Lennar Corporation, represented by Cotleur and Hearing, Inc., submitted a proposal to develop a residential PUD. Subsequently, Lennar filed a petition to amend the St. Lucie County Comprehensive Plan and Land Development Code to make the proposed Site Plan possible.
It is important to reiterate that no Preliminary Development Plan is being considered at this public hearing. The proposed regulations will be applicable to all parties who wish to develop a TVC Hamlet, where eligible under proposed policy. Nonetheless, it is acknowledged that the Applicant’s proposed Preliminary Development Plan motivated and shaped the proposed amendment of the Land Development Code.
It is also important to note that no determination has been made by staff that the
Preliminary Development Plan submitted by the Applicant complies with the proposed
Comp. Plan and LDC amendments; nor have staff identified what changes may be
required to the proposed Preliminary Development Plan if the proposal were to take
effect. Additional changes may be required to the Site Plan depending on the final
Comprehensive Plan and the LDC text adopted, if changes are adopted, by the Board
of County Commissioners with public hearings required specific to forthcoming
Planned Development proposals in the TVC.
Page 154 of 197
Project Name: TVC LDC Amendment File No.: TLDC-1202226267-26267
4
Figure 1. Aerial image of the land within the TVC Overlay Zone
Indrio Road
Airport
Page 155 of 197
Project Name: TVC LDC Amendment File No.: TLDC-1202226267-26267
5
Figure 2. Aerial image of land on which Lennar Homes seeks to develop a Hamlet.
TVC Intent & Purpose – As Adopted
St. Lucie County’s goals and vision for the Towns, Villages, Countryside Future Land Use Designation as presented in the adopted Chapter 11 of the Comprehensive Plan, are that new development will be clustered in a series of compact, walkable Towns and Villages, which in turn are comprised of compact, walkable neighborhoods, surrounded by large swaths of preserved open space, in the form of farms, native habitat and natural habitat, and a connected flow way of water that has a chance to be filtered and cleaned before making its way downstream to the Indian River Lagoon.
In the text of the Comp. Plan, the objective of the TVC Future Land Use Designation is to “prevent suburban sprawl by restricting the development of lands outside of the Urban Service Boundary to a system of compact, mixed-use, pedestrian-friendly Towns and Villages.” [Comprehensive Plan Objective 11.1.4]
Comprehensive Plan Policy 11.1.4.1 elaborates that “[d]evelopment within the TVC is intended to do the following:
Spanish Lakes
Ko
b
l
e
g
a
r
d
R
o
a
d
Boundary with Indian River County
Page 156 of 197
Project Name: TVC LDC Amendment File No.: TLDC-1202226267-26267
6
• Preserve the rural character, encouraging opportunities for continued agriculture;
• Offset biological and ecological impacts of new development;
• Improve the water quality within the Indian River Lagoon;
• Manage water comprehensively throughout the area;
• Provide an interconnected system of native habitat preserves, greenways, parks, and open space;
• Reduce automobile trips;
• Balance housing with workplaces, jobs, retail and civic uses;
• Provide a variety of housing types to support residents of diverse ages, incomes, family sizes, and lifestyles;
• Create predictability and efficiency in planning and in the provision of infrastructure;
• Allocate infrastructure and public service costs to provide for fiscal neutrality.
The Applicant filed this LDC amendment to implement its proposed Comprehensive Plan amendment. County Staff and the Applicant have worked together to forge a compromise proposal that is now being presented. With a few exceptions, staff supports the Applicant’s request and recommends approval. The few provisions which staff does not support are identified and discussed below.
THE PROPOSED AMENDMENTS
The Land Development Code implements the Comprehensive Plan. The LDC establishes more detailed regulations and standards to implement the policies of the Comp. Plan. Therefore, it is not surprising that the substance of the LDC is often quite similar to that of the Comprehensive Plan. Similarly, the Applicant’s requested amendments to the Land Development Code closely mirror the requested amendments to the Comprehensive Plan.
Amendments are proposed to Section 4.04.00. and Section 7.01.00. of the LDC, the Towns, Villages, Countryside Zoning Overlay and the Development Design and Improvements Standards for Planned Unit Developments, respectively. The
amendments are proposed to permit a new settlement pattern in the TVC – the Hamlet PUD—and to establish the standards applicable to a Hamlet.
Page 157 of 197
Project Name: TVC LDC Amendment File No.: TLDC-1202226267-26267
7
THE PROPOSED AMENDMENTS – Chapter 4 of the LDC
The requested amendments to LDC Section 4.04.00. are set out in full in Appendix A of this staff report. The highlights of the proposed changes are set-forth below, with the applicant’s proposed text of the LDC presented in blue. In those instances where staff recommends alternative text, the difference is highlighted in red.
Proposed LDC Section 4.04.03.A. provides as follows: “Owners of five hundred (500) acres or more located outside the [Urban Services Boundary] and not fronting Indrio Road may also seek approval of a Hamlet by applying to rezone the land to the Hamlet PUD zoning district, pursuant to Sections 7.01.02 and 7.01.04.”
This exclusion of land fronting Indrio Road from eligibility for development as a Hamlet is necessary to remain consistent with Comprehensive Plan Policy 11.1.5.7. which identifies a section of Indrio Road for establishment of a Greenway Corridor.
Proposed LDC Section 4.04.04. provides in relevant part as follow: “Adherence to Section 4.04.04.F. shall not be mandatory for a Hamlet PUD zoning district but can be utilized to meet the purpose of a PUD, as set-forth in Section 7.01.01.”
Section 4.04.04.F., Standards for New Residential Buildings, establishes detailed standards for residential garages, including requiring detached residential garages to be accessed from a rear alley, or be side-loaded, recessed from the main façade of the dwelling if front-loaded, limits the number of front-loaded garages to 25% of the dwellings in each phase of a development, etc.
Detailed regulations regarding garages can appear excessive. However, staff understands the motivation behind them and recognizes how domination of the front façades of houses by the garage, one house after another, can substantially diminish the visual quality of the neighborhood and walkability. Staff also appreciates that many builders prefer floor plans with front projecting garages, that side-loaded garages require wide lots, and that other elements of neighborhood design, such as short block lengths, wide sidewalks, shade trees along the sidewalks, and having someplace to walk to, are at least as important to walkability as the position and design of the garage. In the spirit of compromise, staff is supporting the Applicant’s request that these garage standards not be mandatory in TVC Hamlet PUDs. The hope is that developers of TVC Hamlets will construct a diversity of house styles and offer homebuyers choices including the design and location of the garage. Proposed LDC Section 4.04.05.F. provides that a Hamlet PUD can receive transferred development rights.
Page 158 of 197
Project Name: TVC LDC Amendment File No.: TLDC-1202226267-26267
8
Proposed LDC Section 4.04.06., Definitions, defines the terms “Affordable,” “Affordable Housing,” and “Workforce Housing.” “Affordable means rent or mortgage payment including taxes, insurance, and utilities does not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for the households identified in the definitions of Affordable Housing and Workforce Housing.”
“Affordable Housing means housing that is affordable to households whose income does not exceed 80% of the median adjusted gross income of St. Lucie County households, adjusted for household size, as published by the U.S. Department of Housing and Urban Development annually.”
“Workforce Housing means housing that is affordable to households whose income does not exceed 120% of the median adjusted gross income of St. Lucie County households, adjusted for household size, as published by the U.S. Department of Housing and Urban Development annually.”
That completes the review of the highlights of the proposed amendments to Section 4.04.00 of the Land Development Code, TVC - Overlay Zone (Towns, Villages, Countryside).
THE PROPOSED AMENDMENTS – Chapter 7 of the LDC
Chapter 7 of the Land Development Code provides Development Design and Improvement Standards applicable to most development in the County. Section 7.01.00. governs Planned Unit Developments (PUDs). The Applicant’s proposed amendment of the LDC creates a new Section 7.01.04. for Hamlet PUDs. The full text of the requested amendments to LDC Section 7.01.00. are provided in Appendix A to the draft Ordinance.Proposed LDC Section 7.01.04.A. provides as follows: “As provided in Section 4.04. of this Code, a Hamlet PUD is a development option permitted within the TVC Overlay. Unless otherwise provided in Sub-section 7.01.04, a Hamlet PUD shall comply with all other applicable provisions of this Code and the St. Lucie County Code of Ordinances.”
Proposed LDC Section 7.01.04.A. restates basic standards established by the Comprehensive Plan. A Hamlet shall have a minimum of 500 contiguous acres and as proposed by the Applicant, Comp. Plan Table 11-4 is restated as LDC Table 7-1. Table 7-1 Standards and Requirements for a Hamlet PUD Size
Minimum Land Area: 500 acres
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Maximum Land Area: None
Open Space
a. Common Open Space required: 60%
b. Common Open Space required when the Hamlet open space includes active and passive recreation within one-quarter mile of the majority of the residential units:
50%
c. Common Open Space required when the Hamlet provides a mix of residential, civic uses, common open space including active and passive recreation within one-quarter mile of the majority of the residential units, and at least one local store that supports the daily needs of its residents:(1)
40%
Density
(1) Maximum Average Density allowed when at least nine percent (9%) of the dwelling units are workforce housing:(2) or (2) Density may be achieved by acquisition of Development Rights through the TDR Program:(3)
2 dwelling units/ acre
(1) Maximum Average Density allowed when at least ten percent (10%) of the dwelling units are workforce housing units:(2)
or (2) Maximum Average Density allowed when at least nine percent (9%) of the dwelling units are workforce housing units(2) and an on-site day care facility is provided:(2) or (3) Density may be achieved by acquisition of Development Rights, through the TDR Program:(3)
3 dwelling units/ acre
Notes to Table 7-1 (1) A third-party lease agreement is not required for the local store.
(2) In a Hamlet PUD, workforce housing must meet the following standards:
a. Monthly rent or mortgage payment including taxes, insurance, and utilities does not exceed 30 percent of that amount which represents no more than 120% of the area median income for households, adjusted for household size.
b. Affordability must be maintained for a minimum of twenty (20) years, or the period of affordability specified by the funding secured by the developer, whichever is longer.
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c. The workforce housing units may be rental units or for-sale units and may be constructed as the same unit type (i.e., apartments, town-houses, etc.) but shall include a variety of unit sizes and price ranges.
d. The workforce housing units shall be completed and receive a certificate of occupancy prior to the completion and issuance of a certificate of occupancy for sixty percent (60%) of the market rate units.
e. In the event the County develops alternative methodologies to address affordable and workforce housing, the Board of County Commissioners may consider these alternative methodologies, at the applicant’s request.
f. The County may establish a payment-in-lieu program for WFH unit reduction. The amount of payment-in-lieu shall be established by St. Lucie County and updated on a yearly basis."
(3) The details of the TVC Transfer of Development Rights Program are provided in Section 4.04.05., LDC.
This section of code is establishing a new type of PUD--a Hamlet PUD. The inital staff recomendation suggested that the Workforce Housing Units must be completed before 40% of the market rate units are completed was based, in part, on a provision generally applicable to St. Lucie County PUDs. For PUDs that are developed over more than one phase, LDC Section 7.01.03.L., requires “One (1) or more major recreation facilities and other major amenities, planned to serve the entire development, shall be completed or adequate security posted prior to the issuance of building or mobile home permits of more than forty percent (40%).”
After further discussion and refinement, staff’s recommendation would link the Workforce Housing Unit completion before 60% of the market rate units, staggering the major recreational facilities and Workforce Housing requirements.
(1)
(1) More fully set forth, Section 7.01.03.L.2. provides in part: “If a Final Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. No more than two (2) years shall elapse between the completion of any stage or phase, and the final stage or phase shall be completed within ten (10) years of the date of Final Development Site Plan approval. Extensions of the above requirements are subject to approval by the Board of County Commissioners. Unless otherwise amended by the Board of County Commissioners through the Final Development Site Plan review process, the following sequence of development must be adhered to:
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Regarding the timing of the production of workforce housing applicable in Towns and Villages in the TVC, LDC Section 3.01.03.EE.2.q., provides as follows:
“Workforce housing must be made available on approximately the same schedule as the balance of housing in each Town or Village; workforce housing may not be deferred until the final phases.
i. A specific schedule for the types, location, and phasing of construction of workforce housing must be proposed with each PTV application. ii. The Board of County Commissioners shall decide whether to accept or modify this schedule 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.”
While workforce housing in Towns and Villages must remain affordable for only eight years and workforce housing in a Hamlet PUD must remain affordable for twenty years, in Towns and Villages the tenure type (rental or fee simple) of the workforce housing must be roughly proportional to that of the market rate housing, the bedroom mix must be roughly proportional, and workforce units must be complementary in exterior design and materials and must be dispersed throughout each Town or Village. Further, in a TVC Town or Village, one-half of the workforce housing must be affordable to families earning 80% to 100% of the area median income and the other half must be affordable to families earning 100% to 120% of the area median income.
1. Staff recommends that the workforce housing be provided roughly proportionally to the production of the market rate units. However, the requirement that they be produced prior to the issuance of the certificate of
a. One (1) or more major recreation facilities and other major amenities, planned to serve the entire development, shall be completed or adequate security posted prior to the issuance of building or mobile home permits of more than forty percent (40%), or other percentage as determined by the Board to be appropriate based on circumstances that include the size of the project and the proposed phasing schedule, of the total number of authorized dwelling units. Recreation facilities or facilities and other amenities planned to serve one (1) phase of a multi-phased development shall be completed or appropriate security posted prior to issuance of building or mobile home permits or the recording of any final plat within that phase. b. No commercial facility shall be permitted prior to the completion of at least forty percent (40%) of the total number of authorized dwelling units; . . .”
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occupancy for 60% of the market rate units establishes a regulatory backstop. The Applicant proposes that Table 7-1, Note e. provide as follows:
As proposed by the Applicant, LDC Section 7.01.04.B.5.g. provides as follows:
“All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of fifteen (15) feet from any exterior building walls, except for . . . residential or non-residential structures in which garage parking is provided in the rear and residential structures which provide side-loaded garages, in which case the front setback may be reduced below fifteen (15) feet.”
Staff does not support this request. The Applicant has provided no rationale for the 15-ft. standard. While staff supports placing building close to the sidewalk and providing parking in the rear, the Hamlet does not require that design. A residential driveway is required to be 22 feet long.
Staff recommends the following text for LDC Section 7.01.04.B.5.g.:
“All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of twenty-two (22) feet from any exterior building walls, except for security gate . . . except for residential or non-residential structures in which garage parking is provided in the rear and residential structures which provide side-loaded garages, in which case the front setback may be reduced below twenty-two (22) feet.”
As proposed by the Applicant, LDC Section 7.01.04.B.5.i. provides as follows:
“Road alignments proposed for Hamlets are conceptual and may be changed up until final approval of a Major or Minor Site Plan application for the development."
Staff does not support the Applicant’s proposal. Roadway alignment and the roadway network, including the size of blocks, the number of intersection, the street sections, is an important component of neighborhood planning. The current LDC that is applicable county-wide anticipates that roadway plans may need to be adjusted between the approval of the Preliminary Development Plan and the Final Development Plan.
With regard to roadway plans, LDC Section 11.02.05.B.2., provides that a Final Development Plan will be found in substantial conformity with the Preliminary Development Plan so long as circulation elements are not relocated “to the extent that would decrease their functionality, adversely affect surrounding lands and circulation elements, or reduce their effectiveness as buffers or amenities.” This is the standard applicable to all PUDs in St. Lucie County. Staff asserts it is a resonable standard to apply to the TVC Hamlet PUDs and it provides consistency for all PUDs.
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Staff recommends that LDC Section 7.01.04.B.5.i. provide as follows:
“Modifications to the roadway alignment or network shown on an approved Preliminary Development Plan for a Hamlet PUD may be approved subject to Section 11.02.05.B.2.”
As proposed by the Applicant, LDC Section 7.01.04.B.9.a., Open Space Standards, provide as follows:
“A Hamlet PUD shall provide common open space consistent with Table 7-1. Open space may include parks, recreation areas, lakes, floodways, wetlands, stormwater retention areas, bicycle and pedestrian paths and facilities, common landscaping and planting areas, parking area landscaping, or other areas of public purpose or use. Common open space shall not include street, road or drainage rights-of-way, [or]above ground utilities. No open space provided on any individual residential lot shall be counted towards required common open space.”
Staff does not support the Applicant’s proposed LDC Section 7.01.04.B.9.a. Staff does not believe parking lot landscaping consistutes common open space. As defined in LDC Section 2.00.00, common open space is:
“A parcel or area of land or water in or related to a development site that is set aside and designated or reserved for the use or enjoyment of the public or the residents, occupants, and/or owners of the development or project site. Common open space areas shall not be individually owned except by a recognized unit of local or state government or an entity or organization acceptable to St. Lucie County.”
Staff recommends that LDC Section 7.01.04.B.9.a. provide as follows:
“A Hamlet PUD shall provide common open space consistent with Table 7-1. Open space may include parks, recreation areas, lakes, floodways, wetlands, stormwater retention areas, bicycle and pedestrian paths and facilities, common landscaping and planting areas,or other areas of public purpose or use. Common open space shall not include street, road or drainage rights-of-way, above ground utilities, or parking area landscaping. No open space provided on any individual residential lot shall be counted towards required common open space.”
As proposed by the Applicant, LDC Section 7.01.04.B.9.d., Open Space Standards, provide as follows:
“No parcel of land identified for use as a park or common open space shall be less than one-quarter (1/4) contiguous acre, and all such areas shall be physically part of the PUD.”
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Staff does not support the Applicant’s proposed LDC Section 7.01.04.B.9.d. The county-wide standard applicable to PUDs in St. Lucie County is that no parcel of land identified as a park or common open space shall be less than one (1) acre. Because lakes, wetlands, and stormwater detention basins count as “common open space,” it is often possible to present minimum open space absent functional passive or active open space, accesible across new communities. Retaining this standard, would not preclude a quarter-acre pocket park or similar from being linked to a larger open space area (i.e. flow way, landscape buffer area, etc. For consistency for all PUDs, staff recommends that the county-wide PUD standard apply to Hamlet PUDs and that LDC Section 7.01.04.B.9.a. provide as follows:
“No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the PUD.”
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
SECTION 11.06.03, STANDARD OF REVIEW
FOR PROPOSED AMENDMENTS TO THE LDC
Pursuant to St. Lucie County Land Development Code, Section 11.06.03, the Staff has reviewed the proposed Text Amendment to Land Development Code, Sections 4.04.00 and Section 7.01.00. and, with the incorporation of staff’s proposed revisions, found it to meet the technical requirements and standards of review. In reviewing this application for a text amendment to the Land Development Code, the Planning and Zoning Commission shall consider and make the following determinations:
A. Whether the proposed amendment is in conflict with any applicable portions of the St. Lucie County Land Development Code;
The proposed amendments are intended to change certain LDC provisions currently in effect. The proposed amendments, as modified by staff, after adoption will not conflict with any portion of the St. Lucie County Land Development Code.
B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan;
The proposed amendments are intended to implement proposed amendments to the Comprehensive Plan. The proposed amendments of the LDC can only be adopted if the proposed amendments to the Comprehensive Plan are adopted first. If the companion proposed amendments to the Comprehensive Plan are adopted, the proposed amendments of the LDC, with modifications recommended by staff, are consistent with the Comprehensive Plan.
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C. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses;
The proposed text amendment to the St. Lucie County Land Development Code is consistent with existing and proposed uses within TVC Overlay Zone. Much of the TVC land area is former citrus groves, perhaps now being used for cattle or other agricultural production. The proposed amendment provides another option for land holdings of 500 acres or greater. The proposed amendments are also consistent with other development patterns and uses allowed by the TVC Overlay Zone.
D. Whether there have been changed conditions that require an amendment;
It is not clear that changed conditions necessitate the proposed amendments. It might be said that the time has just now arrived to begin to see the County vision for the TVC be realized. Staff is of the opinion that the lack of development activity thus far in the TVC Overlay is not a function of the requirements of the TVC Overlay (though they would benefit from simplification and reduced redundancy) but rather a function of the lack of basic infrastructure in the area—public water lines, public sanitary sewer lines, and roads.) The TVC rules did come into effect until 2009, during a significant downturn in the real estate and development industries. The TVC policies and regulations have not yet been put into effect because market demand for development in this part of the County was not yet there.
On the other hand, the need for affordable and workforce housing is immediate and having a potentially negative effect on the local economy and quality of life. The proposed amendments will provide marginally more workforce housing units, but more importantly, those units will remain affordable for twenty years. The proposed amendment seeks to achieve a highly desired County objective.
E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities;
By encouraging development in the TVC Overlay, the proposed text amendment will create demand for public services. The installation of utility lines and the construction of roads should be borne by the developers and ultimately the purchasers of the housing units. Impact fees are intended to address the additional demands on public facilities and services not covered by the developer and or the Community development Corporation.
However, by allowing an increase in density outside the USB without the requirement that Transferred Development Rights be acquired and without requiring such development in the form of mixed-use, compact, walkable Towns and Villages, a higher demand on some facilities such as roadway traffic, miles travelled
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by school buses might be expected and the costs on a per household basis may be higher to provide some public facilities and services.
Distance from the public schools is a challenge for the TCV Overlay. Lakewood Park Elementary School is the closest elementary school. From Koblegard and Indrio Roads, the nearest public high school is Westwood Academy, nearly eight miles away; Fort Pierce Central High School is approximately 14 miles away; and Dan McCarty Middle School Middle School; it is approximately 12 miles away.
St. Lucie County Utilities is planning for substantial expansion of its water and wastewater capacity to serve the North County Area and as interconnect agreements with Fort Pierce Utilities Authority.
The demand for public facilities and services such as schools, water and wastewater by TVC Hamlet PUDs would not appear to be significantly different than the demand that can be created by TVC Towns and Villages. However, given the less compact form permitted by a TVC Hamlet than a TVC Town or Village, the per household cost to provide services may be higher.
F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment;
The proposed amendment should not result in significant adverse impact on the natural environment. It is possible that the development that may result from the amendment is likely to be more auto-dependent than development in the form of a Town or Village that would otherwise be required because it will be lower density over larger land areas. Additionally, the amendment may reduce the potential market demand, and therefore market value, of development credits that could be transferred from agricultural land that could be used for continued farming, , significant environmental lands, or other countryside areas used for much lower density or that could be used to restore natural habitat.
G. Whether and the extent to which the proposed amendment would adversely affect the property values in the area;
The proposed amendment is not anticipated to have an adverse impact on property values in the area, except as noted above, that the market demand and therefore market value of Transferrable Development Credit may be negatively impacted. On the other hand, construction of roads and installation of other infrastructure, encouraged by the amendment, might be expected to increase property values.
H. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative effects of such patterns;
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In the short term, the proposed amendments may make possible in the TVC Overlay Zone a pattern and form of development that the TVC was designed to avoid--large expanses of residential use that necessitate lengthy automobile trips to access institutional, commercial and business uses needed on a daily basis. Nonetheless, many fundamental principles and planning objectives of the TVC Overlay will apply to the newly permitted form of development, the TVC Hamlet. For example, a variety of housing types to support residents of diverse ages, incomes, family sizes, and lifestyles will be required. An interconnected system of native habitat preserves, greenways, parks, and open space will be required.
Additionally, with time and careful site planning and adherence to TVC principles as site plans for Hamlet PUDs are reviewed will result in an orderly and logical development pattern. Walkable neighborhoods can be connected one to the other through the development of a robust network of walking paths, bicycle trails and greenways. As residential use grows, some of the commercial and institutional uses needed by such residents will locate more nearby helping to create the mixed-use pattern that is desired and the length of the necessary automobile trips can be reduced.
I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this code;
The proposed amendment represents a compromise of the vision of the TVC in order to encourage the production of workforce housing that will remain affordable for twenty years. Workforce housing that remains affordable for twenty years is in the public interest.
J. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment.
The Planning and Zoning Commission and the Board of County Commissioners may raise other matters regarding the proposed amendment to the text of the Land Development Code.
PUBLIC NOTICE and NEIGHBORHOOD MEETING Notice of this Public Hearing was published in the newspaper on Friday, April 6, 2023. Cotleur & Hearing, the Applicant’s Agent, held two neighborhood meetings on proposed development on the subject land area shown in Figure 2.
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STAFF RECOMMENDATION
Staff recommends that the Planning and Zoning Commission review the staff report, receive the presentations by Staff and the Applicant, and ask questions of the Staff and the Applicant. Staff further recommends that the Planning and Zoning Commission forward a recommendation of approval of the Applicant’s request to the Board of County Commissioners, but only as modified by staff’s recommendation for these sections: LDC Section 4.04.04. shall provide as follows:
1. “Development of a Hamlet PUD must ensure compatibility with existing or planned nearby development and provide connectivity of roadways, trails, open space, and a flow way.”
2. LDC Section 7.01.04.B.5.g. provides as follows:
“All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of twenty-two (22) feet from any exterior building walls, except for security gate . . . except for residential or non-residential structures in which garage parking is provided in the rear and residential structures which provide side-loaded garages, in which case the front setback may be reduced below twenty-two (22) feet.”
3. LDC Section 7.01.04.B.5.i. provide as follows:
“Modifications to the roadway alignment or network shown on an approved Preliminary Development Plan for a Hamlet PUD may be approved subject to Section 11.02.05.B.2.”
4. LDC Section 7.01.04.B.9.a. provide as follows:
“A Hamlet PUD shall provide common open space consistent with Table 7-1. Open space may include parks, recreation areas, lakes, floodways, wetlands, stormwater retention areas, bicycle and pedestrian paths and facilities, common landscaping and planting areas,or other areas of public purpose or use. Common open space shall not include street, road or drainage rights-of-way, above ground utilities, or parking area landscaping. No open space provided on any individual residential lot shall be counted towards required common open space.”
5. LDC Section 7.01.04.B.9.a. provide as follows:
“No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the PUD.”
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Ordinance No. 2023-___
Page 1
.
ORDINANCE No. 2023-
FILE NO.: TLDC-1202226267-
26267
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND
DEVELOPMENT CODE, SECTION 4.04.00 TO 4.04.05. WITHIN THE TOWNS,
VILLAGES AND COUNTRYSIDE OVERLAY ZONE, AND CREATE SECTION
7.01.04, STANDARDS AND REQUIREMENTS FOR HAMLET PLANNED UNIT
DEVELOPMENTS; PROVIDING FOR CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING
AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR
CODIFICATION.
WHEREAS, the 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 Statues, 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_________________, the Planning and Zoning Commission held a
public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News
Tribune on________________. The Planning and Zoning Commission recommended to the
Board to ____________of the proposed text amendment to the St. Lucie County Land
Development Code; and
WHEREAS, on_________________, 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________________; and
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Ordinance No. 2023-___
Page 2
.
WHEREAS, on_________________, 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________________; 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 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 amendments, as shown in strikethrough and underline format in Section 2.
A. ADOPTION OF THE AMENDMENT
The Board of County Commissioners does hereby adopt the amendment to the St.
Lucie County Land Development Code , attached herein as Exhibit A.
B. CHANGES TO THE COMPREHENSIVE PLAN
The Board of County Commissioners does hereby state its intention to amend
Section 4.04.00 to 4.04.05 within the Towns, Villages and Countryside Overlay
Zone, and to establish Section 7.01.04, within Section 7.00.00, Development
design and Improvements Standards..
C. 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 the Ordinance are hereby superseded by this Ordinance to the extent
of such conflict.
D. 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 provisions thereof shall be
held to be inapplicable for any person, property, or circumstances, such holding
shall not affect its applicability to any other person, property, or circumstances.
E. APPLICABILITY OF ORDINANCE
This Ordinance shall be applicable as stated in Paragraph A and B.
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Ordinance No. 2023-___
Page 3
.
F. FILING WITH THE DEPARTMENT OF STATE
The Clerk is hereby directed forthwith to send a certified copy of the Ordinance to
the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304.
G. EFFECTIVE DATE
This Ordinance shall take effect thirty-one (31) days after the adoption. If the
Ordinance is challenged within thirty (30) days after adoption, the Ordinance
shall not be effective until the State Land Planning Agency or Administration
Commission respectively issues a final order finding the adopted amendment in
compliance in accordance with Section 163.3184(10), Florida Statutes.
H. CODIFICATION
This Ordinance, upon its effective date, shall be codified by incorporating any
contained changes into the St. Lucie County Comprehensive Plan.
J. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Cathy Townsend, Chair XXX
Linda Bartz, Vice-Chair XXX
Chris Dzadovsky, Commissioner XXX
Jamie Fowler, Commissioner XXX
Larry Leet, Commissioner XXX
PASSED AND DULY ENACTED this _____ day of ______, 2023.
Attest: Board of County Commissioners
St. Lucie County, Florida
__________________________ By:__________________________
Deputy Clerk Chair
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Ordinance No. 2023-___
Page 4
.
Approved As To Form and
Correctness:
By: ____________________________
County Attorney
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March 3, 2022 Draft Page 0 of 8
EXHIBIT A
Black text is existing Code. Blue underscored text is proposed to be added. Red struck-though text is proposed to be deleted. LAND DEVELOPMENT CODE
4.04.00. TVC—OVERLAY ZONE (TOWNS, VILLAGES, COUNTRYSIDE)
"Chapter IV "Special Districts" of the Land Development Code is amended to create Sections 4.04.00 through 4.04.06 "TVC - Overlay Zone (Towns, Villages,
Countryside)" as follows. Language that is not underlined is identical to Ordinance
06-017 (which will take effect on the same date when the Towns, Villages and Countryside Comprehensive Plan amendments take effect). Language that is struck through is contained in Ordinance 06-017 but is not being adopted by Ordinance 07-055. Language that is underlined is not contained in Ordinance 06-017 but is being
adopted on an interim basis by Ordinance 07-055."
4.04.01. - Purpose and Intent.
The purpose and intent of Section 4.04.00 of this Code is to:
A. Guide the creation of Towns, Villages, Hamlets, protected Countryside, and other permitted uses and development patterns on land designated TVC on the Future Land Use Map of the St. Lucie County Comprehensive Plan.
B. Ensure that all development of land designated TVC takes place in accordance with the settlement principles set forth in the TVC Element of the Comprehensive Plan. Where this overlay zone directly conflicts with other portions of this Code, this overlay zone will prevail; however, no development may be approved that
conflicts with the St. Lucie County Comprehensive Plan.
C. Provide procedures for transferring development rights using TDR credits. Such transfers will allow continued rural uses of land that is designated TVC by
transferring some or all of its development rights to Towns or Villages or to land
within the Urban Service Boundary.
4.04.02. Essential TVC Concepts.
Four (4) essential concepts for the regulation of land designated TVC are highlighted here:
A. TVC Overlay Zone. This section of the code establishes a TVC Overlay Zone whose boundaries are identical to the TVC designation on the Future Land Use
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Map of the Comprehensive Plan as initially adopted in May 2006. This overlay zone provides general guidance and specific standards that, in conjunction with the remainder of this Code, will carry out the goals, objectives, and policies of the
TVC Element. The TVC Overlay Zone contains two (2) sub-zones whose
boundary is the Urban Service Boundary in the Comprehensive Plan as it existed in May 2006. The location and approximate boundaries of the TVC Overlay Zone and its sub-zones are shown on Figure 4-10. Comprehensive Plan amendments that make more than incidental adjustments to these boundaries will necessitate
changes to this Code.
B. Urban-to-Rural Transect. Towns and Villages have physical forms that vary in character and intensity. An urban-to-rural transect that describes these characteristics in existing communities is also ideal for use as the organizing principle for new communities. New Towns, Villages and Planned Unit
Developments on land designated TVC are to be planned using the "transect zones" shown on Figure 4-11. These transect zones must be delineated on a regulating plan prepared by a developer and submitted to St. Lucie County for consideration as part of rezoning to the PTV (Planned Town or Village - see Section 3.01.03.EE) or PUD (Planned Unit Development - see Section
4.04.04.E(1)(b)) zoning district.
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D. Urban Service Boundary. The St. Lucie County Comprehensive Plan establishes an Urban Service Boundary (USB) which limits the geographic area where the county will provide certain services. The purpose is to restrict the negative
impacts of a sprawling low-density development pattern including the fiscal burden placed on service providers by that pattern. About sixty-three percent (63%) of the land designated TVC is outside this boundary and the remainder is inside. The TVC Element provides incentives for moving potential development to new Towns and Villages or to certain locations inside the USB. Under certain
circumstances the TVC Element allows new development to qualify for urban services even if located outside the USB (see policies under Objective 3.1.2 of the St. Lucie County Comprehensive Plan). D. Transferable Development Rights. The development rights attached to a parcel
of land can sometimes be transferred to other parcels. The TVC Element encourages the transfer of density for several purposes: to move potential development to certain locations inside the USB; To encourage continued use of land for rural and open space purposes by transferring potential density off the land; and to allow the accumulation of sufficient development rights to create
Towns or Villages. Transferable development values are set in Figure 3-3 of the TVC Element and may be increased by using the multipliers in the TDR Credit Matrix in Table 3-4 of the TVC Element. See Section 4.04.05.
(Ord. No. 11-002, § 4, 12-6-2011)
4.04.03. Overview of TVC Approval Processes.
Development approvals for land designated TVC differ in several aspects from
approvals in the remainder of unincorporated St. Lucie County. These processes can be summarized as follows:
A. Owners of five hundred (500) or more acres of land located outside the USB and owners of 110 acres or more of land located inside the USB may seek approval
of a new Town or Village by applying to rezone the land to the PTV (Planned
Town or Village) zoning district. See Section 3.01.03.EE. Owners of five hundred (500) acres or more located outside the USB and not fronting Indrio Road may
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also seek approval of a Hamlet by applying to rezone the land to the Hamlet PUD zoning district, pursuant to Sections 7.01.02 and 7.01.04.
B. Owners of less than five hundred (500) acres of land outside the USB may take
any of the following actions:
1. Maintain the land in its natural state or with agricultural uses consistent with its agricultural zoning district and utilize the Transfer of Development Rights (TDR) program to move at least ninety percent (90%) of the unused transferable development value from the land to an eligible receiving site.
See Section 4.04.05.
2. Subdivide the land into individual home sites using the transferable development value assigned to that land by applying to rezone the land to the PCS (Planned Country Subdivision) zoning district. See Section 3.01.03.FF. Upon approval, the TDR program may not be used to transfer
density to or from the land.
3. Utilize the Transfer of Development Rights (TDR) program to move or permanently set aside at least ninety percent (90%) of the transferable development value from the land and subdivide the land into individual home sites using the remaining development rights. See Section
4.04.04.D.3.
4. When consistent with the retail standards under Objective 3.1.8 of the TVC Element or the workplace standards under Objective 3.1.10 of the TVC Element, apply to rezone the land to the PRW (Planned Retail/Workplace) zoning district. See Section 3.01.06.GG.
C. Owners of less than one hundred ten (110) acres of land inside the USB may take any of the following actions:
1. Develop or use the land for residential purposes in accordance with the TVC Overlay Zone requirements in Sections 4.04.01—4.04.06 of this Code.
2. Residential development is limited to the maximum residential densities on
the Transferable Development Value Map (Figure 3-3 of the TVC Element), except that.
a. Density may be increased as a county incentive for providing affordable housing, workforce housing, or mixed-use development.
b. For development built in the form of a Town or Village, density may be
increased through acquisition of TDR credits from eligible sending sites. See Sections 3.01.03.EE and 4.04.05.
D. Owners of land of any size inside the USB (Urban Service Boundary) may place retail or workplace land uses outside a Town or Village by taking either of the following actions:
1. Seek rezoning of the land to the PRW (Planned Retail/Workplace) zoning district (Section 3.01.06.GG) if the proposed uses are fully consistent with the goals, objectives, and policies of the TVC Element, and in particular with the retail
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standards under Objective 3.1.8 and/or the workplace standards under Objective 3.1.10. Such proposals must also conform to the TVC Overlay Zone requirements of Section 4.04 of this Code.
2. Owners of property with existing commercial zoning (CO, CN, or CG) as of August
28, 2009, are not required to rezone to PRW, but must follow the development standards contained in Section 3.01.03.GG.2 for that zoning district and must otherwise be consistent with the TVC Element. All such proposals, except as necessary to achieve underlying nonresidential use intensity pursuant to Land Use
Element Policies 3.1.2.5 and 3.1.3.1(4), must meet the retail standards under
Objective 3.1.8 and/or the workplace standards under Objective 3.1.10, in addition to the TVC Overlay Zone requirements in Section 4.04 of this Code.
E. Owners of land of any size may initiate, continue, or expand agricultural uses (including forestry and equestrian uses) in accordance with the requirements of
the agricultural zoning district that applies to the land. This option is available both inside and outside the USB. See Section 3.01.03 for lists of permitted and conditional agricultural uses in each agricultural zoning district.
(Ord. No. 11-002, § 4, 12-6-2011)
4.04.04. TVC Specific Standards.
A. Applicability of TVC Specific Standards.
1. The standards in Section 4.04.00 apply to land use and land development within the TVC Overlay Zone regardless of zoning designations, except as specifically provided. Adherence to Section 4.04.00 shall not be mandatory for a Hamlet PUD zoning district but can be utilized to meet the purpose of a PUD, as set-
forth in Section 7.01.01.
2. The provisions of the remainder of this Code apply except where modified by this TVC Overlay Zone, by the PTV, PCS, PRW, or PUD zoning districts, or by the St. Lucie County Comprehensive Plan.
B. Regional Street Network.
* * * * *
C. Agricultural Uses * * * * *
D. Residential Subdivisions Outside the Urban Service Boundary. Residential
subdivisions may be created outside the Urban Service Boundary (USB) on land
designated TVC only by following one of these four approaches:
1. As part of a new Town or Village, using the PTV zoning district (see Section 3.01.03.EE).
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2. Outside a Town or Village through the use of the existing transferable development value assigned to a parcel of land, using the PCS zoning district (see Section 3.01.03.FF).
3. Outside a Town or Village after moving or permanently setting aside at least
ninety percent (90%) of the transferable development value from the land to an eligible receiving site in accordance with Section 4.04.05:
a. Transferable development value remaining on the land may be used to create residential lots in accordance with the standards of this Code
including all TVC Overlay Zone standards.
(1) There is no requirement to rezone from an existing AG-1 zoning district if the residential lots will comply with all AG-1 requirements. Such a development would be approved using the site plan approval process found in Chapter XI of this Code.
(2) If the landowner wishes to allocate the remaining transferable
development value in a more clustered manner, rezoning may be requested to PCS or other suitable zoning district. The rezoning application and subsequent site plan approval applications must be accompanied by a regulating plan that meets the standards of Section
3.01.03.EE.3.b(4) and that identifies appropriate transect zones (either
Edge, General, or Center), lot types, and street types and that includes at least one (1) civic space in order to achieve development forms consistent with the TVC Element.
b. Upon approval of this option, urban services may be extended at the
property owners' expense to lots that use the remaining transferable
development value despite being located outside the USB.
c. The new residential lots must be placed on one (1) contiguous portion of the land and to the extent possible must provide an interconnected street network as described in Section 3.01.03.EE.2.k and water management in
the form of an interconnected system consistent with and connected to the
Flow Way System as described in Section 3.01.03.EE.2.p.
4. Outside a Town or Village, as a Hamlet Planned Unit Development (PUD), pursuant Sections 7.01.02 and 7.01.04. The Hamlet PUD shall consist of compact, pedestrian-friendly residential settlement with a variety of housing types. Home
sites within a Hamlet PUD are eligible to receive urban services at the property owners’ expense. Development of a Hamlet PUD must ensure compatibility with existing or planned nearby development and provide connectivity of roadways, trails, open space, and a flow way.
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E. Residential Subdivisions Inside the Urban Service Boundary.
* * * * *
F. Standards for New Residential Buildings
* * * * *
G. Other Non-residential Uses
* * * * *
4.04.05. Transferable Development Rights-[adopted by Ordinance 06-18].
* * * * *
F. The Use of Transferable Development Rights Within the Receiving Area.
1. The area to which TDR credits may be transferred is the receiving area. Eligible receiving sites must be located within the North St. Lucie County SAP and include the following:
a. Sites inside the Urban Service Boundary that are (i) designated on the North
St. Lucie County Preferred TDR Receiving Sites Map (Comprehensive Plan
Figure 11-12 3-12 of the TVC Element) or (ii) located within the TVC Overlay Zone; or
b. Sites located outside the Urban Service Boundary, of five hundred (500) or more acres in size, on which there is County approval to build a Town or a
Village or a Hamlet PUD. In such case, however, TDR credits sent from
inside the USB may only be from lands designated as Environmentally Significant by the County, unless the land is contiguous. In addition, the transferable development rights assigned to properties of five hundred (500) or more acres may be used to develop the site as a Town or Village or a
Hamlet PUD pursuant to this Section.
2. Consolidation of Property. A parcel of five hundred (500) or more acres outside the USB or one hundred ten (110) acres or more inside the USB in the TVC Overlay Zone may be developed as a Town or Village through the use of transferable development rights.
If a landowner completes a Town, Village, or a Hamlet PUD and owns remaining
land not associated with the Town or Village or a Hamlet PUD, the transferable development rights from that remaining land may be sold to another landowner or the land may be consolidated with other properties to form the minimum size
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required to create another Town, or Village or a Hamlet PUD development using transferable development rights pursuant to this Section.
Separately owned, noncontiguous neighboring parcels of less than the minimum
size of a Town or Village in the TVC Overlay Zone may be consolidated to create a Town or Village.
* * * * *
4.04.06. – Definitions.
* * * * *
Affordable means rent or mortgage payment including taxes, insurance, and
utilities does not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for the households identified in the definitions of Affordable Housing and Workforce Housing.
Affordable Housing means housing that is affordable to households whose
income does not exceed 80% of the median adjusted gross income of St.
Lucie County households, adjusted for household size, as published by the U.S. Department of Housing and Urban Development annually.
* * * * *
Workforce Housing means housing that is affordable to households whose
income does not exceed 120% of the median adjusted gross income of St. Lucie County households, adjusted for household size, as published by the U.S. Department of Housing and Urban Development annually.
* * * * *
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CHAPTER VII - DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS
7.00.00. - GENERAL PROVISIONS
7.01.00. - PLANNED UNIT DEVELOPMENT
7.01.01. - Purpose.
The Planned Unit Development (PUD) District is intended to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that:
A. Permit creative approaches to the development of residential land reflecting changes in the technology of land development;
B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs;
C. Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and
D. Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open
space.
7.01.02. Authorized Uses.
A. Permitted Uses.
1. Any permitted, conditional or accessory use in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation (RC); Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4);
Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-11 (RM-11); and Residential, Multiple-Family-15 (RM-15)
zoning districts of this Code may be permitted in a Planned Unit Development District subject to complying with the residential densities described in Section 7.01.03(B).
2. Any Planned Unit Development including any development that has been granted final
Planned Unit Development approval may place on empty lots, a single story, conventionally built single-family detached dwelling that complies with the building code, meets all setbacks and does not exceed the maximum size of the mobile home that would have been allowed.
B. Nonresidential Development Uses. Uses of the types permitted in the Commercial, Neighborhood (CN) Zoning District are also permitted up to an amount not to exceed three percent (3%) of the gross area of the Planned Unit Development or ten (10) acres, whichever is less. In addition, playgrounds, public and non-public parks, golf courses, country clubs, bicycle paths, racquet sports facilities, riding stables, marinas, clubhouses, and lodges may be permitted in a Planned Unit Development District.
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7.01.03. Standards and Requirements.
Standards and requirements for a Planned Unit Development shall be as follows:
A. Minimum Size. A Planned Unit Development shall be a minimum of five (5) contiguous acres of land under common ownership or control. Non-contiguous parcels can also be included in the PUD application for the purpose of transferring density into the developed area.
B. Density. The maximum possible permitted density of a Planned Unit Development shall not exceed the density reflected in the Future Land Use Maps of the Comprehensive Plan. On North and South Hutchinson Island, the provisions of Section 3.01.03(AA)(8) shall govern.
C. Area, Yard, and Height Requirements. Area, yard, and height requirements shall be determined at the time of Preliminary and Final Development Plan approval, except that for any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995 the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply.
D. Public Facilities.
1. The Planned Unit Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface
drainage systems, and other utility systems.
2. The minimum size of all water mains used, or intended for use, in fire protection activities is six (6) inches. Actual water main requirements will be determined by
the St. Lucie County-Ft. Pierce Fire Prevention Bureau.
3. The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eight (8) inches. Actual water main requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau.
The maximum number of fire hydrants that may be located on any dead end water main is one (1).
4. Fire hydrants shall be provided at a minimum spacing of one (1) every six hundred (600) feet unless otherwise approved by the St. Lucie County-Ft. Pierce Fire Prevention Bureau.
E. Traffic and Pedestrian Circulation.
1. Every dwelling unit, or other use permitted in the Planned Unit Development shall have access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use.
2. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development shall not be connected
to streets outside the development so as to encourage their use by through traffic.
3. The proposed Planned Unit Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected.
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4. All non-residential land uses within the Planned Unit Development shall have direct access to a collector or arterial street without creating traffic hazards or congestion
on any street.
5. Streets in a Planned Unit Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply
with all pertinent County regulations and ordinances, however, variations to the standard minimum right-of-way widths may be considered as part of the Planned Unit Development if it is shown to the satisfaction of the Board of County Commissioners, that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development.
6. All roads and streets shall intersect at an approximate 5° angle of ninety (90) degrees unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection.
7. Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty (150) feet.
8. The intersection of any two (2) local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty (660) feet, as measured from centerline to centerline.
9. Permanent dead-end streets shall not exceed one thousand (1,000) feet in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five hundred one (501) feet in length. The length of a dead-end street shall be
measured along the centerline of the street from its point of perpendicular intersection with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet.
If the dead end roadway is five hundred (500) feet or less in length, a "Y" or "T" type of turn around may be approved.
If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road.
In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet, unless otherwise approved through the review of the Planned Unit Development.
10. All roadways, exclusive of interior parking and access aisles areas, regardless of
ownership, shall be located a minimum of ten (10) feet from any exterior building walls, except for security gate houses or similar security structures located in a private street or road right-of-way.
11. Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. This shall include, when deemed to be necessary by the Board of County Commissioners, pedestrian underpasses or overpasses in the
vicinity of playgrounds and other recreation areas, local shopping areas, and other neighborhood uses which generate a considerable amount of pedestrian traffic.
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12. Access points on all collector or arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into and out of the
arterial streets do not cause traffic congestion.
F. Parking and Loading.
1. General Provisions.
a. The number, type, and location of parking spaces shall be determined at the time of final Planned Unit Development plan approval. The determination of the number of spaces required shall be based on Section 7.06.01(F) of this Code. The number of parking spaces required by this section may be reduced based on substantial competent evidence that the reduced number of spaces is adequate for the proposed use or that parking may be shared by proximate uses that operate at different times or on different days.
b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(C) of this Code.
2. Off Street Parking and Loading. Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code, and the following standards:
a. Off-street parking and loading areas shall be designed to provide travelways between adjacent uses while discouraging through traffic.
b. Off-street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges, dense planting, or changes in grades or walls.
3. On-Street Parking. In Planned Unit Developments, on street parking may be used so long as the road on which the on-street parking is proposed lies entirely within the limits of the defined Planned Unit Development and such parking would not
contravene any other provision of this Code or the St. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards:
a. The minimum size of a parking stall shall be as follows:
parallel 8 feet × 23 feet
angled 10 feet × 18 feet
handicapped (parallel) 12 feet × 23 feet
handicapped (angled) 12 feet × 18 feet
b. Handicapped parking spaces shall be appropriately marked.
c. Access for emergency fire vehicles shall be in accordance with NFPA standards.
d. No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of three hundred sixty (360) square feet.
G. Lighting. All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties.
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H. Landscaping and Natural Features.
1. Native trees and vegetation and other natural features shall be preserved to the
extent practicable.
2. All sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable.
3. Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00.
I. Open Space Standards.
1. A Planned Unit Development that is proposed in any Agricultural, Residential, Conservation, Special District or Mixed Use Future Land Use Category shall conform to the following open space standards:
a. A minimum of thirty-five percent (35%) of the gross area of land to be committed to a Planned Unit Development must be for use as common open space, which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping and planting areas, stormwater retention areas, or other areas of public purpose or use. Common open space may not include street, road or drainage rights-of-way, above ground utilities, or parking areas.
A minimum of fifteen percent (15%) of any existing native upland habitat on
the property must be preserved in its natural condition as part of the required thirty-five percent (35%) common open space. For each acre of preserved native habitat above the required minimum fifteen percent (15%) that is
preserved in its original state, credit shall be given at a rate of one hundred fifty percent (150%) per acre towards the remaining common open space requirement.
All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space requirement, subject to the requirement that fifteen percent (15%) of any existing native habitat on the property must be included as part of the required thirty-five percent (35%) common open space. As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shall provide for one (1) of the following:
1. The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to
maintain the common open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any
building permits, including land clearing, for any portion of the Planned Unit Development; or
2. A phased conveyance of the land to a public or acceptable private
agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance
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of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit Development.
3. The identification of restrictive easement or plat dedication that would serve to create a perpetual conservation or use restriction easement over those portions of the properties that are to be kept
as open space meeting the requirements of this section.
b. No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Unit Development.
c. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the requirements of this Code.
J. Setbacks from Agricultural Land. Planned Unit Developments adjacent to land used for agricultural purposes, or designated for agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan, shall provide setbacks from the agricultural land sufficient to protect the function and operation of those uses from the encroachment of Urban activities or uses.
K. Development Design. Planned Unit Developments in all Future Land Use Categories
are required to design the project in a manner to avoid, to the extent reasonable, impacts to wetlands, native vegetative communities and protected species habitats.
L. Phasing.
1. A Planned Unit Development may be developed in more than one (1) stage or phase.
2. If a Final Development Site Plan approved by the Board of County Commissioners
is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. No more than two (2) years shall elapse between the completion of any stage or phase, and the final stage or phase shall be completed within ten (10) years of the date of Final Development Site Plan approval. Extensions of the above requirements are subject to approval by the Board of County Commissioners. Unless otherwise amended by the Board of County Commissioners through the Final Development Site Plan review process, the following sequence of development must be adhered to:
a. One (1) or more major recreation facilities and other major amenities, planned to serve the entire development, shall be completed or adequate security
posted prior to the issuance of building or mobile home permits of more than forty percent (40%), or other percentage as determined by the Board to be appropriate based on circumstances that include the size of the project and
the proposed phasing schedule, of the total number of authorized dwelling units. Recreation facilities or facilities and other amenities planned to serve one (1) phase of a multi-phased development shall be completed or
appropriate security posted prior to issuance of building or mobile home permits or the recording of any final plat within that phase.
b. No commercial facility shall be permitted prior to the completion of at least forty percent (40%) of the total number of authorized dwelling units; and
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c. For Planned Unit Developments to be constructed in stages or phases, the net density of an individual stage or phase may vary from the approved Final
Site Plan subject to the requirements in Section 11.02.05.
M. Signs.
1. Signs within any Planned Unit Development, less than or equal to two hundred
(200) acres in overall area, shall comply with the provisions of Chapter IX of this Code, provided however, that the Board of County Commissioners may condition approval of a Planned Unit Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan.
2. Signs within any Planned Unit Development, greater than two hundred (200) acres in overall area may submit a general signage plan for the Planned Unit Development, as part of the Final Planned Unit Development Plan submissions. The general signage plan shall be based on the general dimension and size standards applicable to other similarly designated residential property; provided, however, that the Board of County Commissioners may condition approval of a Planned Unit Development upon compliance with more stringent sign regulations
in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County
Comprehensive Plan.
(Ord. No. 13-037, Pt. A, 8-6-2013 )
7.01.04. Hamlet Planned Unit Developments (PUDs)
A. Applicability. As provided in Section 4.04. of this Code, a Hamlet PUD is a development option permitted within the TVC Overlay. Unless otherwise provided in Sub-section 7.01.04, a Hamlet PUD shall comply with all other applicable provisions of this Code and the St. Lucie County Code of Ordinances. B. Standards and requirements for Hamlet PUDs 1. Minimum Size. A Hamlet PUD shall have a minimum of 500 contiguous acres.
2. Density. The maximum density of a Hamlet PUD shall not exceed the density provided
in Table 7-1.
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Table 7-1 Standards and Requirements for a Hamlet PUD
Size
Minimum Land Area: 500 acres
Maximum Land Area: None
Open Space
a. Common Open Space required: 60%
b. Common Open Space required when the Hamlet open space includes active and passive recreation within one-quarter mile of the majority of the residential units:
50%
c. Common Open Space required when the Hamlet provides a mix of
residential, civic uses, common open space including active and passive recreation within one-quarter mile of the majority of the residential units, and at least one local store that supports the daily needs of its residents:(1)
40%
Density
(1) Maximum Average Density allowed when at least nine percent (9%) of the dwelling units are workforce housing:(2)
or (2) Density may be achieved by acquisition of Development Rights through the TDR Program:(3)
2 dwelling units/ acre
(1) Maximum Average Density allowed when at least ten percent (10%) of the dwelling units are workforce housing units:(2)
or (2) Maximum Average Density allowed when at least nine percent (9%) of the dwelling units are workforce housing units(2) and an on-site day care facility is provided:(2) or (3) Density may be achieved by acquisition of Development Rights, through the TDR Program:(3)
3 dwelling units/ acre
Notes to Table 11-4 (1) A third-party lease agreement is not required for the local store.
(2) In a Hamlet, workforce housing must meet the following standards:
a. Monthly rent or mortgage payment including taxes, insurance, and utilities does not exceed 30 percent of that amount which represents no more than 120% of the area median income for households, adjusted for household size.
b. Affordability must be maintained for a minimum of twenty (20) years, or the
period of affordability specified by the funding secured by the developer, whichever is longer.
c. The workforce housing units may be rental units or for-sale units and may be
constructed as the same unit type (i.e., apartments, townhouses, etc.) but shall include a variety of unit sizes and price ranges. Workforce housing units must be complementary in exterior design to the market rate units. Workforce units
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may have alternative exterior and interior finishes, so long as the energy
efficiency of these units is not diminished.
d. The workforce housing units shall be completed and receive a certificate of occupancy prior to the completion and issuance of a certificate of occupancy of sixty percent (60%) of the market rate units.
e. In the event the County develops alternative methodologies to address affordable and workforce housing, the Board of County Commissioners may consider these alternative methodologies, at the applicant’s request.
f. The County may establish a payment-in-lieu program for WFH unit reduction.
The amount of payment-in-lieu shall be established by St. Lucie County and updated on a yearly basis.
(3) The details of the TVC Transfer of Development Rights Program are provided in
Section 4.04.05., LDC.
3. Area, Yard, and Height Requirements. Area, yard, and height requirements shall be determined during review and approval of the Preliminary and Final Development
Plan. The Preliminary Development Plan shall propose the typical dwelling types, lot areas, setbacks, and building heights.
4. Public Facilities.
a. The Hamlet PUD shall be designed so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and
other utility systems.
b. The minimum size of all water mains intended for fire protection is six (6) inches. Actual water main requirements will be determined by the St. Lucie County Fire District.
c. The minimum size of all water mains intended for fire protection that are located on a dead-end water main is eight (8) inches. Actual water main requirements will be determined by the St. Lucie County Fire District- No more than one fire hydrant may be located on a dead end water main.
d. Fire hydrants shall be provided at a minimum spacing of one (1) every 600 feet unless otherwise approved by the St. Lucie County-Fire District.
5. Traffic and Pedestrian Circulation.
a. Each dwelling unit and all other uses permitted in the Hamlet PUD shall have access to a public street either directly or through an approved road, a pedestrian way, or other area dedicated to public or private use.
b. Connectivity between streets, pedestrian paths and bicycle routes interior to the Hamlet PUD and existing, planned and anticipated streets, pedestrian paths and bicycle routes outside the Hamlet is strongly encouraged. Landscaping, on-street parking, posted speeds, and lane width are among the techniques that shall be used to discourage excess through-traffic or speed.
c. The proposed Hamlet PUD shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project, or such
Page 190 of 197
Page 10 of 13
surrounding collector and arterial roads shall be improved so that they will not be adversely affected.
d. Streets in a Hamlet PUD may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances. However, variations to the
standard minimum right-of-way widths may be considered as part of the Hamlet PUD, if it is demonstrated that the requested variation is consistent with the intent of the County’s roadway design and construction standards and necessary for
the design of the PUD.
e. The intersection of any two (2) local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of 660 feet, as measured from centerline to centerline, unless otherwise approved by the County Engineer.
f. Permanent dead-end streets should be avoided. If no reasonable alternative exists, dead-end streets shall not exceed 1,000 feet in length. Cul-de-sacs shall be provided at the end of all dead-end roads or streets greater than 501 feet in length. The length of a dead-end street shall be measured along the centerline of the street from its point of perpendicular intersection with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs
shall have a minimum right-of-way diameter of 100 feet. If the dead-end roadway is 500 feet or less in length, a “Y” or “T” type of turn-around may be approved. If a dead-end street is temporary in nature, then a temporary cul-de-sac or T-type
turn shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be
provided. Center islands shall have a diameter of not less than 17 feet, unless otherwise approved for the Hamlet PUD.
g. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of fifteen (15) feet from any exterior building walls, except for security gate houses or similar security structures located in a private street or road right-of-way and except for residential or non-residential structures in which garage parking is provided in the rear and residential structures which provide side-loaded garages, in which case the front setback may be reduced below fifteen (15) feet.
h. Any pedestrian circulation system and its related walkways shall be protected from the vehicular traffic.
i. Road alignments proposed for Hamlets are conceptual and may be changed up until final approval of a Major or Minor Site Plan application for the development.
j. All driveways shall comply with County standards as approved by the County
Engineer.
k. The incorporation into Hamlet PUDs of street sections and standards provided in Section 3.01.03.EE.2.k., including alleys and lanes, is encouraged.
6. Parking and Loading.
a. General Provisions.
Page 191 of 197
Page 11 of 13
i. Unless otherwise provided in this Sub-section 7.01.04, the parking and loading standards in Subsections 7.06.01 through 7.06.03 shall apply in Hamlet PUDs.
The number, type, and location of parking spaces shall be determined at the time of Final Development Plan approval. The number of spaces provided shall comply with Section. 7.06.02. of this Code, except that each detached single-
family or townhouse dwelling shall be provided a minimum of two off-street parking spaces. ii. Pervious parking spaces may be provided, in lieu of paved spaces, subject to Sections 7.06.02(B) and 7.06.03. of this Code and approval of the County Engineer. iii. A limited portion of required parking spaces designated for compact vehicles or larger vehicles, with appropriate signage, may be provided, subject to approval by the County Engineer.
b. Off-Street Parking and Loading. Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code, and the following standards:
i. Off-street parking and loading areas shall be designed to provide travelways
between adjacent uses while discouraging through traffic. ii. Off-street parking and loading areas shall be screened from adjacent roads,
pedestrian walkways and adjacent properties with landscaping that, at a minimum, complies with Section 7.06.02. and Section 7.09.04..
c. On-Street Parking. On-street parking may be used so long as the road on which the
on-street parking is proposed lies entirely within the limits of the Hamlet PUD and such parking would not contravene any other provision of this Code or the St. Lucie County Code of Ordinances. Where on-street parking is used, it shall be consistent with the following design standards:
i. The minimum dimensions of an on-street parking stall shall be as follows: Right-Angle - 10 feet x 18 feet Parallel - 8 feet x 23 feet Angled – 9.5 by 18 feet ii. Handicapped parking spaces shall comply with FDOT and ADA standards. iii. Access for emergency fire vehicles shall be in accordance with NFPA standards.
iv. No more than 10 parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of 360 square feet.
7. Lighting. All lighting facilities shall be designed and installed to prevent direct glare or
hazardous interference of any kind to adjoining streets or properties and will be approved during Final Development Plan applications. All pedestrian walkways shall be illuminated.
8. Landscaping and Natural Features.
a. Native trees and vegetation and other natural features shall be preserved to the extent practicable.
b. All sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable.
Page 192 of 197
Page 12 of 13
c. Unless otherwise expressly provided in Section 7.01.03, Chapter 6 of this Code, Resource Protection Standards, shall apply in Hamlet PUDs.
d. Unless otherwise expressly provided in Section 7.01.03, Section 7.09. of this Code, Landscaping and Screening, shall apply in Hamlet PUDs.
9. Open Space Standards. a. A Hamlet PUD shall provide common open space consistent with Table 7-1. Open space may include parks, recreation areas, lakes, floodways, wetlands, stormwater retention areas, bicycle and pedestrian paths and facilities, common landscaping and planting areas, parking area landscaping, or other areas of public purpose or use. Common open space shall not include street, road or drainage rights-of-way, or above ground utilities. No open space provided on any individual residential lot shall be counted towards required common open space. b. The establishment of a healthy ecosystem within the required open space, diverse vegetation, elevations, and drainage conveyances are encouraged to promote the sustainability of both native and migratory species. Lakes, floodways, wetlands, and stormwater retention areas shall be interconnected to the maximum extent possible and shall include littoral and upland buffering plantings to provide habitat value and improve water quality before such water leaves the Hamlet.
c. All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan. As part of the Hamlet PUD application review and approval process, the Applicant shall provide for one (1) of the following:
i. The advance dedication of all common open space to a public or acceptable private organization that will, upon acceptance, agree to maintain the common open space and any structures or improvements that
have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the PUD; or
ii. A phased conveyance of the land to a public or acceptable private organization that will, upon acceptance, agree to maintain the common open space and any structures or improvements that have been placed on it. The schedule for the phased conveyance of the lands to be used for common open space shall be a specific condition of approval for the PUD.
iii. The identification of the restrictive easement or plat dedication that will create a perpetual conservation or use restriction easement over the land to be preserved as open space.
6. No parcel of land identified for use as a park or common open space shall be less than 0.25 contiguous acre, and all such areas shall be physically part of the PUD.
7. Areas provided or reserved to meet any other environmental preservation or
protection requirement of this Code or other lawful regulatory authority may be counted as common open space provided that the area meets the open space requirements of this Code.
J. Setbacks from Agricultural Land. A Hamlet PUD adjacent to land used for agricultural purposes or designated for agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan shall provide setbacks from the agricultural land sufficient to
protect the function and operation of those uses from the encroachment of Urban activities or uses.
Page 193 of 197
Page 13 of 13
K. Development Design. A Hamlet PUD is required to design the project in a manner to avoid, to the extent reasonable, impact to wetlands, native vegetation communities, and
protected species habitats.
L. Water and Wastewater. All Hamlet PUDs are required to provide centralized potable water and sanitary sewer systems. Such centralized services shall be coordinated with St. Lucie
County.
M. Phasing.
1. A Hamlet PUD may be developed in more than one (1) stage or phase.
2. If a Preliminary Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. No more than three (3) years shall elapse between the completion of any stage or phase and the beginning of the next. The final stage or phase shall be completed, including completion of all required infrastructure and obtaining approval of all Record Plats, within twenty (20) years of the date of Preliminary Development Site Plan approval. Extensions of the above requirements are subject to approval by the Board of County Commissioners, unless otherwise provided by law. For Hamlet PUDs to be constructed in stages or phases, the net density of an individual stage or phase may vary from the approved Preliminary Site Plan subject to the requirements in Section 11.02.05.
N. Signs. Signs within a Hamlet PUD may submit a general signage plan for the development, as part of the Final PUD submissions. The general signage plan shall be based on the general dimension and size standards applicable to other similarly designated residential
property; provided, however, that the Board of County Commissioners may condition approval of a PUD upon compliance to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure
public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan.
Page 194 of 197
,., .. ·Jfli ....
St. Lucie News-Tribune
1939 SE Federal Highway, Stuart, FL 34994
AFFIDAVIT OF PUBLICATION
ST LUCIE CO GROWTH MGMT
2300 VIRGINIA AVE
FORT PIERCE, FL 34982
ATTN IRENE SZEDLMAYER
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned authority personally appeared,
said legal clerk, who on oath says that he is a legal
clerk Manager of the St. Lucie News-Tribune, a daily
newspaper published at Fort Pierce in St. Lucie
County, Florida: that the attached copy of
advertisement was published in the St. Lucie News-
Tribune in the following issues below. Affiant further
says that the said St Lucie News-Tribune is a
newspaper published in Fort Pierce, in said St. Lucie
County, Florida, and that said newspaper has
heretofore been continuously published in said St.
Lucie County, Florida, daily and distributed in St. Lucie
County, Florida, for a period of one year next preceding
the first publication of the attached copy of
advertisement ; and affiant further says that she has
neither paid or promised any person, firm or
corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for
publication in the said newspaper. The St. Lucie News-
Tribune has been entered as Periodical Matter at the
Post Offices in Fort Pierce, St. Lucie County, Florida
and has been for a period of one year next preceding
the first publication of the~ttached copy of
advertisement.
4/7/2023
Subscribed and sworn to before on the 7th of April 2023
Notary, State of WI, County of Brown
My commission expires: /-) .-✓
PUBLICATION COST: $315.00
AD NO: GCI 1043480
CUSTOMER NO: 438160
PO#: PUBLIC NOTICE
THIS IS NOT AN INVOICE
KATHLEEN AL~E.N
Notary Public
~~~~
Page 195 of 197
ST. LUCIE COUNTY
PLANNING AND ZONING
COMMISSION
ACTING AS THE LOCAL
PLANNING AGENCY
PUBLIC HEARING AGENDA
Thursday, April 20, 2023
NOTICE OF THE PROPOSED AMENDMENT OF THE
TOWNS, VILLAGES AND COUNTRYSIDE ELEMENT OF THE
ST. LUCIE COUNTY COMPREHENSIVE PLAN AND THE
LAND DEVELOPMENT CODE REGARDING STANDARDS,
REQUIREMENTS AND DEVELOPMENT OPTIONS IN THE
TOWNS, VILLAGES AND COUNTRYSIDE OVERLAY ZONE
The St. Lucie County Planning and Zoning Commission Is scheduled to review and make
recommendations regarding petitions for adoption by the Board of County Commissioners of
St. Lucie County, Florida, of the following Ordinances:
ORDINANCE NO.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,
FLORIDA, AMENDING OBJECTIVES AND POLICIES IN THE TOWNS, VILLAGES AND
COUNTRYSIDE ELEMENT OF THE ADOPTED COMPREHENSIVE PLAN, ADOPTING NEW
POLICIES TO PROVIDE FOR THE HAMLET FORM OF DEVELOPMENT AND TO CREATE
NEW POLICIES TO PROVIDE FOR THE HAMLET FORM OF DEVELOPMENT, AND REMOVING
SUPERCEOED TEXT REGARDING DEVELOPMENTS OF REGIONAL IMPACT; PROVIDING
FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING
FOR FILING WITH THE DEPARTMENT OF ECO N O M IC O PP O R TU N IT Y;
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR
CODIFICATION
PURPOSE: The applicant, Lennar Corporation, filed a Text Amendment to the Towns, Villages, and
Counlryside Element of the Adopted Comprehensive Plan. The proposed amendment would
allow the development of a Hamlet Planned Unit Development on 500 acres outside the Urban
Services Boundary as an alternative to the development of a Town or Village, allow increased
density by providing workforce housing that shall remain affordable for at least 20 years, require a
mix of housing types for a range of household sizes, require a Hamlet to contain at least 500 acres, and establish other policies regarding open space, walkability, conneclivity, and the mix of uses.
FILE NUMBER: TCP-1202226266
ORDINANCE NO.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,
FLORIDA, AMENDING THE TEXT OF THE LANO DEVELOPMENT CODE, SECTION 4.04.00
TO 4.04.05. WITHIN THE TOWNS, VILLAGES ANO COUNTRYSIDE OVERLAY ZONE, ANO
ENACTING SECTION 7.01 .04, STANDARDS ANO REQUIREMENTS FOR HAMLET PLANNED
UNIT DEVELOPMENTS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE
DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION;
ANO PROVIDING FOR CODIFICATION.
~SE;_Th<Lamilil&!!l,J.lmlli!LCJl!p~, filed a Text Amendment to the Land Development
Code, Sections 4.04.00 to 4.04.05., Towns, Villages and Counlryside Overlay Zone, to allow a Hamlet
Planned Unil Development (PUD) and Chapter VII, Development design and Improvement Standards,
to enact a new Section 7.01 .04, to establish regulations and standards to govern Hamlet PUDs within
the Towns, Villages, Countryside Overlay Zone.
FILE NUMBER: TLDC-1202226267-26267
The Planning and Zoning Commission PUBLIC HEARINGS on these items will be held in the
Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County on Thursday, April 20, 2023
beginning at 6:00 pm or as soon thereafter as possible.
All interested persons will be given an opportunity to be heard. Written comments received in advance
of the public hearing will also be considered. Comments must be submitted by noon the day prior to
the meeting. Commenls will be distributed to lhe Commission in advance of the meeting and included
in the record provided the comments comply with the County's rules.
The petition files are available for review at the Planning and Development Services Department
offices located at 2300 Virginia Avenue, 2"' Floor, Fort Pierce, Florida, during regular business hours.
Please call (772) 462-2822 or TOO (772) 462-1428 if you have any questions or require additional
information.
The St. Lucie County Planning and Zoning Commission has the power to review and recommend to
the St. Lucie County Board of County Commissioners, for approval or disapproval, any applications
within their area of responsibility.
The proceedings of the Planning and Zoning Commission are electronically recorded. PURSUANT TO
Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Planning
and Zoning Commission with respect to any matter considered at a meeling or hearing, he or she will
need a record of the proceedings. For such purpose, he or she may need lo ensure lhat a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testitying during a
hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine
any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may
be continued to a date-certain.
Anyone with a disability requiring accommodation to attend this meeting should contact the St.
Lucie County Community Risk Manager at least forty-eight (48) hours prior to the meeting at (772)
462-1546 or T.O.D. (772) 462-1428. Any questions about this agenda may be referred to St. Lucie
County Planning Division at (772) 462-2822.
PLANNING AND ZONING COMMISSION/
LOCAL PLANNING AGENCY
ST. LUCIE COUNTY, FLORIDA
/Si ROBERT LOWE, CHAIRMAN
PUBLISH DATE: Friday, April 7, 2023 TR-GCl1043480-01
Page 196 of 197
sc TCPALM.COM I FRIDAY, APRIL 7, 2023 I 11A
Alimony overhaul is going
to the full Florida Senate
Dara Kam
NEWS SERVICE OF FLORIDA
TALLAHASSEE - Could the fourth time be the
charm?
After governors have vetoed three previous attempts
to change Florida's alimony laws, the latest proposed
revamp is headed to the full Senate for a vote.
The Florida Bar's Family Law Section and supporters
of overhauling alimony laws clashed for a decade. But
the former foes have banded together this year to en-
dorse a plan to do away with "permanent" alimony and
make a series of other changes.
A group of mostly older women who rely on the pay-
ments, however, are pleading with lawmakers to block
the overhaul, saying they've been left.out of the discus-
sions over changes that could upend their Jives.
Several members of the "First Wives Advocacy
Group" addressed the Senate Rules Committee before
the panel approved the proposal (SB 1416) on Wednes-
day.
As with previous versions of the bill, their main
source of concern is a proposal to do away with perma-
nent alimony. The measure would set up a process for
ex-spouses who make aJimony payments to seek mod-
ifications to alimony agreements when they want to re-
tire.
Supporters of the legislation say it would codify into
law a court decision in a 1992 divorce case that judges
use as a guidepost when making decisions about retire-
ment.
Senate bill sponsor Joe Gruters, a Sarasota Repub-
lican who has shepherded similar legislation in the
past, tried to assure the committee Wednesday that this
year's version would not unconstitutionally affect ex-
isting alimony settlements, a concern raised by Gov.
Ro_n DeSantis when he vetoed an alimony bill last year.
This year's proposal "went to what is currently case
law," Gruters said, pointing to the 1992 ruling.
"So what you can do right now, under case law, we
now codify all those laws and make that the rule of law.
So we basically just solidify that. So from a retroactivity
standpoint, no, because if anything could be modifiable
before, it's still modifiable. If it's a non-modifiable
agreement, you still can't modify that agreement," he
said.
But Leisa Athey, a permanent alimony recipient, said
the bill only incorporates "strategically selected parts"
of the decades-old case.
Athey said judges sometimes agree to permanent al-
imony when assets have been dissipated by an ex-
spouse.
"When people get divorced, there's not always equi-
table distribution," Athey said. "So the way judges com-
bat that is they award pennanent alimony, so that each
party just walks away with an equitable share."
Under the proposed changcs,alimony recipients will
have no recourse if, for example, a business has been
dissolved or handed over to someone else, Athey ar-
gued.
"How do they go back and get their half of the shared
business?" she said. "That's over and done with .... Lis-
ten, it happens all the time in divorces."
Supporters of changes have spent JO years trying to
overhaul the laws, which haven't been updated in dec-
ades. Many of the advocates are wealthy professionals
who contend that lifelong alimony obligations have
forced them to continue working long past the time
when they wanted to retire.
DeSantis' veto last year marked 01e third time that
bills have made it through the Republican-controlled
Legislature only to be rejected. Fonner Gov. Rick Scott
twice vetoed such legislation, with a standoff over the
issue leading to a near-fracas outside Scott's office in
2016.
Along with doing away with pennanent alimony, this
year's proposal would set a five-year limit on what is
known as "rehabilitative"alimony. Under the plan, peo-
ple who have been married 20years or longer would be
eligible to receive payments for up to 75 percent of the
term of the marriage.
The bill also would allow people paying alimony to
seek modifications ff "a supportive relationship exists
or has existed" involving their ex-spouses in the previ-
ous year.
Critics argue the provision is vague and could apply
to temporary roommates who help alimony recipients
cover living expenses for short periods of time.
Camille Fiveash, a 62-year-old Milton resident, has
Jong battled the effort to eliminate pennanent a1imony.
She told the Senate panel Wednesday her group has
about 3,000 members statewide.
"Most are Republican women, most are stay-at-
home moms, moms that home-schooled. Men go off
and work a lot of times, and the wife does stay home.
That still happens today,'" she said.
Fiveash said the women were not included in negoti-
ations over the bill during the past year.
"We have not been asked. We have never been asked,
and we have never been consulted on our opinion," she
said.
This year's version of the bill does not include a con-
troversial provision that would have required judges to
begin with a "presumption" that children should split
their time equally between parents. Scott largely
pinned his 2016 veto of an alimony bill on a similar
child-sharing provision. The Family Law Section fierce-
ly opposed the inclusion of the child-sharing provision
in previous iterations of the alimony-reform proposals.
An identical House alimony bill (HB 1409) needs to
clear one more committee before it could go to the full
House.
ST. LUCIE COUNTY
PLANNING AND ZONING
COMMISSION
ACTING AS THE LOCAL
PLANNING AGENCY
PUBLIC HEARING AGENDA
Thursday, April 20, 2023
NOTICE OF THE PROPOSED AMENDMENT OF THE
TOWNS, VILLAGES AND CDUNTRVSIOE ELEMENT OF THE
ST, LUCIE COUNTY COMPREHENSl\11' PLAN AND THE
LAND DE\ll'LDPMENT CODE REGARDING STANDARDS,
REQUIREMENTS AND DEVELOPMENT OPTIONS IN THE
TOWNS, VILLAGES AND COUNTRYSIDE 0\/l'RLAV ZONE
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"He is Risen!"
Luke 24:1-12
Or. G. Timothy Womack, Senior Pastor
8:30 AM - Worship in Mighell Chapel
9:30 AM & 11:00 AM-Worship in Sanctuat)I
9:45 AM - Children's Sunday School
To join us on Livestream, please visit us at:
www.firstpresvero.org
Fortnformauonon-oor-Pres--ch-oo1, visit us at:-
www.firstpresbyterianpreschool.org
Rev. Dr. G. Timothy Womack, Senior Pastor
Invites you to worship with us.
Building Faith, Changing Lives, Sharing Christ
772-562-9088
www.firstpresvero.org
520 Roya) Pafm Boulevard
Whore Royal Palm & Indian River Boulavard meet
~ Humanists of the Treasure Coast ~
presents
Author offers insights into
'Secrets of the Manatee'
10:30 a.m. Sunday, April 9
Join us at the NEXUS Building or on Zoom
850 N .W. Federal Hwy., Stuart
At first light north of Roosevelt Bridge
To join us free via Zoom, subscribe@HUMTC.com
We foster a thriving non-religious community that welcomes
those who promote rational, ethical lives that aspire to the
greater good of humanity and nurture the world
around us. We are dedicated to ratsinq awareness of
Secular Humanism, constitutional separation of government
and religion, and ending discrimination against the non-religious.
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