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HomeMy WebLinkAboutAgenda Packet 02.15.2024 PLANNING & ZONING COMMISSION AGENDA ST. LUCIE COUNTY Regular Meeting Thursday, February 15, 2024 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS CHAIRMAN ED LOUNDS VICE-CHAIRMAN RYAN BINNER BOARD MEMBER CRAIG MUNDT BOARD MEMBER VALERIE SLACK BOARD MEMBER CRAIG BRIDGERS BOARD MEMBER WILLIAM O’DELL AT-LARGE BOARD MEMBER LARRY NEESE EX-OFFICIO BOARD MEMBER NICOLE FOGARTY Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life Page 1 of 40 Regular Meeting Thursday, February 15, 2024 6:00 PM 2 | P a g e 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. Page 2 of 40 Regular Meeting Thursday, February 15, 2024 6:00 PM 3 | P a g e 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 meeting of January 18, 2024 8. PUBLIC COMMENT 9. PUBLIC HEARINGS A. Land Development Code Text Amendment: Farmers' Markets in Agricultural Zoning Districts 10. WORKSHOPS 11. OTHER BUSINESS 12. ADJOURN Page 3 of 40 PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA Regular Meeting January 18, 2024 Convened: 6pm Adjourned: 10:31pm 1.CALL TO ORDER The meeting was called to order at 06:00 PM by Vice Chair Lounds. 2.PLEDGE OF ALLEGIANCE Vice Chair Lounds. 3.INVOCATION Mr. O'Dell led the invocation. 4.ROLL CALL Present Officio Board Member Nicole Fogarty, Board Member James A. Taylor, Board Member Billy O'Dell, Board Member Craig Mundt, Vice Chair Ed Lounds, Board Member Ryan Binner, Board Member Larry Neese Excused Board Member Bob Lowe, Board Member Valerie Slack, Board Member Craig Bridgers 5.ANNOUNCEMENTS Vice Chair Lounds announced that Chair Lowe had a heart attack and was not expected to make it. Commissioner Mundt makes a motion for the voting ( Item #12 ) for the new Chair and Vice-Chair to take place at the beginning of the meeting instead of the end. RESULT:APPROVE MOVER:Board Member Craig Mundt SECONDER:Board Member Billy O'Dell AYES:James A. Taylor, Billy O'Dell, Craig Mundt, Ed Lounds, Ryan Binner, Larry Neese NAYS:None EXCUSED:None Page 4 of 40 Planning & Zoning Commission MeetingThursday, January 18, 2024 6:00 PM 2 | P a g e 6.DISCLOSURE(S) None. 7.MINUTES A.St. Lucie County Planning & Zoning Commission minutes for the meeting of 12/14/2023 A.St. Lucie County Planning & Zoning Commission minutes for the meeting of 12/14/2023 A motion was made to approve all sets of minutes and it passed unanimously. RESULT:APPROVE MOVER:Board Member Craig Mundt SECONDER:Board Member James A. Taylor AYES:James A. Taylor, Billy O'Dell, Craig Mundt, Ed Lounds, Ryan Binner, Larry Neese NAYS:None EXCUSED:None 8.ELECTION OF OFFICIALS 2024 Officio Board Member Nicole Fogarty made a statement about knowing she didn't have a vote, but asked the County Attorney Katherine Barbieri was she allowed a nomination. County Attorney Barbieri stated, no. A.Election of Planning & Zoning Commission Chair Mr. Mundt nominated Vice Chair Lounds, Mr. O'Dell seconded. Mr. Binner nominated Mr. Taylor, there was no second. Adopted by Consent Vote, the Commission elects Vice Chair Lounds as the new Chair of the Planning & Zoning Commission Board. B.Election of Planning & Zoning Commission Vice-Chair Mr. Mundt nominated Mr. O'Dell, Mr. O'Dell seconded. Mr. Taylor nominated Mr. Binner, Mr. Neese seconded. Adopted by Consent Vote, the Commission elects Mr. Binner as the new Vice-chair of the Planning & Zoning Commission Board. Page 5 of 40 Planning & Zoning Commission MeetingThursday, January 18, 2024 6:00 PM 3 | P a g e RESULT:APPOINT MOVER:Board Member James A. Taylor SECONDER:Board Member Larry Neese AYES:James A. Taylor, Billy O'Dell, Craig Mundt, Ed Lounds, Ryan Binner, Larry Neese NAYS:None EXCUSED:None 9.PUBLIC COMMENT - None 10.PUBLIC HEARINGS A.A County Initiated Land Development Code Text Amendment to increase the Minor Adjustment thresholds for Minor Site Plans, Major Site Plans, and Planned Developments, as well as allowing improvement made on previously approved developments for the sole purpose of complying with F.S. ch. 553, pt. II, Accessibility by Handicapped Persons, to be exempt from the requirement of obtaining a site plan adjustment. STAFF PRESENTATION: Ben Balcer, AICP, Planning & Development Services Director gave a presentation on a County initiated Text Amendment to the Land Development Code (LDC) proposing to increase the Minor Adjustment threshold for approved Minor Site Plans, Major Site Plans, and Final Planned Development Site Plans and exempt improvements made specifically to comply with Florida Statute Chapter 553, Part 2 accessibility by handicapped persons from the site plan adjustment process. . Mr. Balcer stated that all public notification requirements were met per St Lucie County Development code section 110003. Mr. Balcer gave background on the current amendment as is. Mr, Balcer provided staff recommendations. Staff found this petition to meet the standards of review as set forth in Section 11.06.03 of 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 recommended the Planning and Zoning Commission forward this petition to the Board of County Commissioners with a recommendation of approval. Board Discussion with Staff: None. Public Comments: None. Board Discussion: Page 6 of 40 Planning & Zoning Commission MeetingThursday, January 18, 2024 6:00 PM 4 | P a g e None. RESULT:APPROVE MOVER:Board Member Ryan Binner SECONDER:Board Member James A. Taylor AYES:James A. Taylor, Billy O'Dell, Craig Mundt, Ed Lounds, Ryan Binner, Larry Neese NAYS:None EXCUSED:None B.A County Initiated Land Development Code Text Amendment to allow Utility Trade Contractors with Specialty Storage, engaged in the construction of water and sewer mains, pipelines, communications and powerlines, subject to the supplemental standards of Land Development Code Section 7.10.36, as an eligible Conditional Use within the Agricultural-5 (AG-5) Zoning District. STAFF PRESENTATION: Kori Benton, AICP, Planning Manager of Planning & Development Services. Mr. Benton stated that all public notification requirements were met per St Lucie County Development code section 110003. Mr. Benton presented a County Initiated Land Development Code Text Amendment to allow Utility Trade Contractors with Specialty Storage to engage in the construction of water and sewer mains, pipelines, communications and powerlines, subject to the supplemental standards as eligible Conditional Use within the Agricultural-5 (AG-5) Zoning District. The Amendment included revisions to the Land Development Code Section 3.01.03 C. 7., Conditional Uses to introduce the use in the AG-5, Agricultural-5 Zoning District and integrate the Supplemental Standards of Section 7.10.36, pertaining to siting eligibility, access, buffering, design and notice standards. Mr. Benton gave background on the current amendment and provided the board with a staff recommendation. The staff found this County initiated the Land Development Code Amendment 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. Board Discussion with Staff: Chair Lounds stated that paving asphalt would not be forgiving to the bigger trucking and utility companies. Chair Lounds suggested that the County provide the option on a thick layer of millings. Mr. Benton stated that if that is the recommendation of the board, then it can be brought to our public works team. The conversation continues about paving vs millings and guidelines, waivers, and bounders. Mr. Taylor Suggested that the County add alternative options, not just saying a company must pave the road. Page 7 of 40 Planning & Zoning Commission MeetingThursday, January 18, 2024 6:00 PM 5 | P a g e Chair Lounds suggested that the County add an amendment that staff can negotiate with the applicant/client for a pervious type of material other than asphalt. Mr. Benton stated absolutely. Mr. Binner agreed with Mr. Taylor and Chair Lounds on having additional options available beyond paving. He also added that vehicle storage should have to be paved due to vehicles can leak. Public Comments: Mike McCarty with McCarty Land Planning & Design, LLC, 309 SE Osceola St, Unit 104, Land Planning & Design. Mr. McCarthy disagrees with the developer or property owner having to pave the roads to County standers. Board Discussion: None. RESULT:APPROVE MOVER:Board Member Ryan Binner SECONDER:Board Member Craig Mundt AYES:Billy O'Dell, Craig Mundt, Ed Lounds, Ryan Binner, Larry Neese, James A. Taylor NAYS:None EXCUSED:None C.U-Haul of Port St. Lucie- Request for a Conditional Use Permit to allow a self-storage facility, featuring a 99,759 sq. ft. Building "A" and a 17,080 sq. ft. Building "B", for a total of 113,839 sq. ft., within the CG (Commercial, General) Zoning District. The subject parcel is located east of US Hwy. 1, 0.35 miles south of Kitterman Road. THIS ITEM IS QUASI-JUDICIAL STAFF PRESENTATION: Erin Taylor, Associate Planner with Planning and Development Services. Mrs. Taylor stated that all public notification requirements were met per St Lucie County Development code section 110003. Mrs. Taylor presented on a proposed Conditional Use made by applicant, Amerco Real Estate Company, and representative, Djami Auguste, Project Engineer, to allow for a 113,839 sq. ft. climate controlled interior access self-storage facility with associated site improvements. The 5.92-acre site is zoned CG, Commercial, General and designated as COM (Commercial) by the Comprehensive Plan’s Future Land Use Element. The site is currently vacant. The site is located at 6820 US Hwy 1. Mrs. Taylor’s presentation included information regarding location landscaping, preliminary elevations, traffic analysis, and staff recommendation. The Staff recommended that the Planning & Zoning Commission review the Conditional Use Permit and make a recommendation to the Board of County Commissioners for approval subject to the proposed conditions of approval. Page 8 of 40 Planning & Zoning Commission MeetingThursday, January 18, 2024 6:00 PM 6 | P a g e Board Discussion with Staff: Mr. O’Dell asked for clarification of some inconsistencies in the packet received at the meeting vs the package online regarding the square footage on building A and B. Mrs. Taylor verifies that the packet online is correct. Mr. Taylor asked for the applicant to come up, to explain what the property equipment sharing section is in the middle of the site. Applicant Presentation: None. Board Discussion with Applicant: Cal Coner, 4703 Babcock St. Mr. Coner addressed Mr. Taylor’s question regarding equipment sharing, stating that it is the shunting area used for the equipment going in and out. Mr. Taylor stated, so it’s a packing lot. Mr. Coner replied more of a staging area. Mr. Mundt asked the applicant did a neighborhood meeting take place. Mr. Coner stated no, and that he was not aware of the opposition to the project. Mr. Binner questioned façade and the architectural review not agreeing. Mr. Coner stated that the concern of façade and the architecture will be addressed on the final site plan. Mr. Binner asked does Mr. Coner believes they can comply with all County conditions. Mr. Coner replied that he believes it can all be worked out. Mr. Binner asked if they were okay with moving the parking area closer to building B. Mr. Coner stated no, they are not good with that change, it draws up safety concerns for his employees and customers. Chair Lounds inquired about the parking of the U-Haul trucks. Lisa Lennard – 301 SE Ocean Blvd, with Bowman Engineering chimes in explaining that there is a landscape buffer in front of the rental trucks off US-Hwy 1. Mr. Lounds asked could the trucks be moved away from US1 over by the retention area. Mr. Coner explained that they must be able to display their product, so people know their options. Discussing continues. Chair Lounds asked staff what the concern was from the opposition comments that we received. Mrs. Taylor stated that most of them were concerned about an influx of traffic, and one just stated no, no, no. Public Comments: Fred Lewis, 6990 South Federal Hwy. Mr. Lewis voiced concerns regarding influx of traffic and disturbances of services. Mr. Lewis suggested that the applicant set up a meeting at the church so residents could come to voice their concerns. Page 9 of 40 Planning & Zoning Commission MeetingThursday, January 18, 2024 6:00 PM 7 | P a g e Mr. Mundt asked staff, did the traffic analysis gave any consideration to Sunday service. Mrs. Taylor replied, she didn’t believe consideration to the Church was mentioned, however the daily trips were estimated at 269 trips compared to other intense uses. Conversations about traffic flow continued. Board Discussion: Chair Lounds asked Mrs. Taylor what a loading well was. Mrs. Taylor explained that a loading well is for the loading and unloading of goods. Chair Lounds asked was it flat, Mrs. Taylor agreed that it was flat, the applicant came and clarified that it is not flat, it is a whole. Mr. Taylor inquired about the hours of operation. Mrs. Taylor stated that hours of operation were not discussed. Mr. Tayor suggested that staff add into the conditions of use, that no semis be permitted on Sundays. Mr. Coner clarified the hours of operations for building A and B. Mr. O’Dell asked staff does the conditional use permit has a sunset. Mr. Benton replied one year. Mr. Lounds inquired about the statement made by Mrs. Taylor, about the taxes for 2023 not being paid. Mrs. Taylor explained why the statement was made. Mr. Lounds asked the applicant would he be paying his taxes. The applicant Mr. Coner replied, yes. RESULT:APPROVE MOVER:Board Member James A. Taylor SECONDER:Board Member Billy O'Dell AYES:Billy O'Dell, Craig Mundt, Ryan Binner, James A. Taylor NAYS:Ed Lounds, Larry Neese EXCUSED:None D.Indrio Storage - Request for a Conditional Use Permit to allow Household Goods Warehousing and Storage-Mini-Warehouses, featuring a 49,349 sq. ft. north building and a 16,926 sq. ft. south building for a total of 66,275 sq. ft., within the CG (Commercial, General) Zoning District. The subject parcel's street address is 4875 N. US Highway 1, located at the northwest corner of US N. Highway 1 and Indrio Rd. THIS ITEM IS QUASI-JUDICIAL STAFF PRESENTATION: This public hearing was Quasi-Judicial and the commissioners made the following disclosures regarding this item: Thad Crowe, Senior Planner, with Planning and Development Services. Mr. Crowe stated that all public notification requirements were met per St Lucie County Development code section 110003. Mr. Crowe gave a presentation for a request for a Conditional Use Permit to allow Household Goods Warehousing and Storage-Mini-Warehouses, featuring a 49,349 sq. ft. north building and a 16,926 sq. ft. south building for a total of 66,275 sq. ft., within the CG (Commercial, General) Zoning District. The subject parcel's street address is 4875 N.US Page 10 of 40 Planning & Zoning Commission MeetingThursday, January 18, 2024 6:00 PM 8 | P a g e Highway 1, located at the northwest corner of US N. Highway 1 and Indrio Rd. Mr. Crowe presented information to the board, regarding the current zoning, mapping, architectural elevations, traffic analysis, site plan, and staff recommendations. Staff recommended the Planning & Zoning Commission forward the petition to the Board of County Commissioners with a recommendation of approval with conditions as detailed in the Staff Report. Board Discussion with Staff: Chair Lounds asked about Mr. Crowe would they be using septic at the proposed site. Mr Crowe stated, yes. Chair Lounds asked about the occupancy just being an office. Mr. Crowe stated that the applicant could better inform the board of the setup. The conversation continues regarding floor plans and restrooms. Applicant Presentation: Mike McCarty with McCarty Land Planning & Design, LLC - 309 SE Osceola St, Unit 104, representing Indrio 1 LLC. Mr. McCarty clears up the statement made by Mr. Crowe that the proposed project will be on septic. Mr. McCarty stated that they would be required to hookup to water and sewer. Mr. McCarty made the statement that this proposal would be a big improvement to US1. Mr. McCarty stated that they have met compliance and went above and beyond the minimum requirements. Mr. McCarty went over the required compliance, consistency with local code, comprehensive plan, undo effect on nearby properties, compatible with existing char the neighborhood. Mr. McCarty explains to the board that this proposal is doing restoration to scrub habitats and the proposal includes safeguards for the grounds. Mr. McCarty stated that there is no environmental impact, only the enhancement of the environment. Board Discussion with Applicant: Mr. Binner asked if the applicant agrees with the staff recommendation of increased buffer by a few feet and trees. The applicant replied yes. Mr. Lounds asked about gopher turtles and tortoises being on the property. The applicant stated yes, and that they have made accommodation for them, by cutting a hole in the fencing so they can pass through safely, there will be no need for relocation. Mr. Taylor inquired about the fencing of the property. Mr. McCarty stated yes, with cutouts at the bottom so the turtles can get through. Public Comments: None. Page 11 of 40 Planning & Zoning Commission MeetingThursday, January 18, 2024 6:00 PM 9 | P a g e Board Discussion: Mr. Taylor made a comment regarding the cemetery. Mr. Crowe stated that the original family still owns it. Conversation continues in regards to the viking cemetery. RESULT:APPROVE MOVER:Board Member Craig Mundt SECONDER:Board Member Billy O'Dell AYES:Billy O'Dell, Craig Mundt, Ed Lounds, Ryan Binner, Larry Neese, James A. Taylor NAYS:None EXCUSED:None E.Land Development Code Text Amendment: Jenkins Road Special Area Plan – Road & Trail System STAFF PRESENTATION: Irene Szedlmayer Senior Planner with Planning and Development Services. Ms. Szedlmayer stated that all public notification requirements were met per St Lucie County Development code section 110003. Ms. Szedlmayer gave a presentation on behalf of Whalou Properties, LLC, who has petitioned to amend the St. Lucie County Land Development Code (LDC), Section 4.12.00, Jenkins Road Area Plan Special District, to eliminate Avenue Q, between Jenkins Road/Taylor Dairy Road and Angle Road from the required internal road system for the Jenkins Road Area Plan (Map A, LDC Section 4.12.03). Ms. Szedlmayer’s presentation provided the board with information regarding the background of the property, the current LDC sections, the proposed LDC, mapping, financial impact, and staff recommendation, recommending that the Planning & Zoning Commission forward the petition to the Board of County Commissioners with a recommendation of approval with conditions as detailed in the Staff Report. Board Discussion with Staff: None. Applicant Presentation: Bradley J. Currie, AICP, with EDC, Inc., 10250 Village Parkway, Suite 201. Mr. Currie informed the board that this is a part of the PUD for Eagle Bend that was recently approved by the BOCC, and this is a clean up to match the roads. Board Discussion with Applicant/Staff: Chair Lounds asked was the applicant okay with the changes made by staff. Mr. Currie states that they are in total agreement. Conversation continues involving road access. Public Comments: None. Page 12 of 40 Planning & Zoning Commission MeetingThursday, January 18, 2024 6:00 PM 10 | P a g e Board Discussion: Chair Lounds addressed staff, questioning the entrance for faculty, parents and student drivers. Ms. Szedlmayer pulls up the areal map for the new school and explains the setup. Ms. Fogarty with the school district, added that the school buses will continue entering off Angle Rd and that avenue A was a conversation, but not at this time. Mr. Lounds asked Ms. Fogarty would the school district eventually use Ave A. Ms. Fogarty answered not at this time. RESULT:APPROVE MOVER:Board Member Ryan Binner SECONDER:Board Member Billy O'Dell AYES:Billy O'Dell, Craig Mundt, Ed Lounds, Ryan Binner, Larry Neese, James A. Taylor NAYS:None EXCUSED:None F.LDC Text Amendment - Bedner Farms Petition to Amend the Towns, Villages and Countryside Zoning Overlay Guidelines STAFF PRESENTATION: Irene Szedlmayer Senior Planner with Planning and Development Services. Ms. Szedlmayer stated that all public notification requirements were met per St Lucie County Development code section 110003. Ms. Szedlmayer gave a presentation on behalf of Charles Bedner, Inc, owner of approximately 177 acres in the Towns, Villages and Countryside Zoning Overlay, Bradley J. Currie, Engineering, Design & Construction, Inc., has petitioned to amend the St. Lucie County Land Development Code (LDC), Section 3.01.03.GG., PRW (Planned Retail Workplace) Zoning District, and Section 4.04.04, TVC (Towns, Villages, Countryside) Overlay Zone regarding standards for the Flow Way, Lot Types, and Residential Garages. The Applicant’s petition to amend Section 3.01.03.EE, PTV (Planned Town or Village) Zoning District, regarding the Flow Way, was withdrawn prior to the public hearing on December 14, 2023. These proposed amendments seek to clarify intent and increase flexibility regarding the design of the Flow Way, to provide for specific lot types that are not now permitted in the PRW (Planned Retail Workplace) Zoning District, and to reduce or eliminate the disfavor on front-loaded residential driveways and garages in the TVC Overlay. Ms. Szedlmayer presentation contained information on, the background, mapping, LDC excerpt, PTV, and PRW. Ending with the staff recommendation of the Planning and Zoning Commission, forwarding a recommendation of approval to the Board of County Commissioners of the Petitioner's proposed amendments to the Land Development Code, as modified by Staff. Page 13 of 40 Planning & Zoning Commission MeetingThursday, January 18, 2024 6:00 PM 11 | P a g e Board Discussion with Staff: Mr. Mundt asked staff about section GG in the presentation the changing of lot types. Ms. Szedlmayer clarifies. Mr. Mundt follows up questioning the request for permissible modifications, and believes this amendment is getting too lax and inquired about the limitations of the Director for request of changes. Ms. Szedlmayer clarifies that section GG eliminates an inconsistency in the code. Mr. Benton interjects with some examples of what the change to the amendment would allow. Conversation continues. Mr. Binner made a comment regarding the TVC and its purpose and believes that changing the amendment goes against the TVC. Conversation continues about the TVC, garages, alleyways, smaller lots, and accessory structures. Much of the Board believes that the County is trying to bend to the developer and not sticking to the County Standers. Applicant Presentation: Bradley J. Currie, AICP, EDC, Inc., 10250 Village Parkway, Suite 201. Mr. Currie reminded the board that this project was before them on December 14, 2023, and was tabled. Mr. Currie presentation starts the presentation with questions for the staff regarding TVC, questions were asked and answered by Mr. Benton Planning Manager. Mr. Currie Presentation provided information to the board regarding, aerial mapping, future land use, existing zoning, proposed zoning, density, proposed PRW, and the overview of the proposed text amendment. Board Discussion with Applicant/Staff: Mr. Mundt asked staff were they in agreement with the presentation given by Mr. Currie. Mr. Currie interjects by saying that they agree with the staff proposal, they only object to the lot width instead of the façade width. Mr. Benton answered that staff stands by their presentation and recommendations. Mr. Currie, Ms. Szedlmayer, Mr. Binner and Mr. Taylor discuss garages vs garage width, and try to get some clarification on what the county is asking the board to vote on. Mr. Benton reads that applicants proposal vs what staff presented, and the conclusion was that this amendment is focused on the width of the garage door. Staff confirmed they will clarify the amendment to state, garage door, instead of just garage. Mr. Taylor asked the standard size for a garage door, single. Ms. Szedlmayer answered, 10 to 12 feet. Mr. Currie answered that his garage is a double and it is 16ft. Public Comments: None. Page 14 of 40 Planning & Zoning Commission MeetingThursday, January 18, 2024 6:00 PM 12 | P a g e Board Discussion: Binner states that he does not believe that this conforms to the TVC. Chair Lounds makes a statement regarding TVC and not really agreeing with it in the first place. But has become favorable to some of its concepts. RESULT:DENY MOVER:Board Member Ryan Binner SECONDER:Board Member Billy O'Dell AYES:Billy O'Dell, Craig Mundt, Ed Lounds, Ryan Binner, Larry Neese NAYS:James A. Taylor EXCUSED:None G.Bedner Farms Rezone to PRW (Planned Retail/Workplace) and Regulating Plan & Preliminary Development Plan STAFF PRESENTATION: Irene Szedlmayer Senior Planner with Planning and Development Services. Ms. Szedlmayer stated that all public notification requirements were met per St Lucie County Development code section 110003. The petition is to amend the Official Zoning Atlas for the subject land area from AG-1 (Agricultural – 1) to PRW (Planned Retail Workplace) and obtain approval of the Preliminary Development/Regulating Plan. A companion petition to amend the LDC was also on this same agenda. The subject 177.87 acres are located northeast of the interchange between Indrio Road and I-95, within the Towns, Villages and Countryside (TVC) Future Land Use designation and TVC Zoning Overlay. The property has frontage on Indrio Road and is bifurcated by both Spanish Lakes Boulevard and Koblegard Road. Comprehensive Plan Policy 1.1.1.3. identifies 13 different zoning districts that are compatible with the TVC Future Land Use designation. The re-zoning is required to support the desired development, the new zoning district must be one of St. Lucie County’s planned zoning districts—PTV (Planned Town or Village), PRW (Planned Retail/Workplace), PCS (Planned Country Subdivision), or PUD (Planned Unit Development). Ms. Szedlmayer presentation contained information on, the background, mapping. Ending with the staff recommendation by the Planning and Zoning Board’s recommendation of approval of the Preliminary Development Plan and Regulating Plan be forwarded to the Board of County Commissioners, subject to enumerated conditions. Board Discussion with Staff: Mr. O’Dell asked who owned Spanish Lakes Blvd. Mr. Benton, Planning Manger answered, St Lucie County and some parts to FDOT, to his knowledge. Mr. Taylor asked about the flow ways connections. Ms. Szedlmayer answered either would work as long as it’s to code. Page 15 of 40 Planning & Zoning Commission MeetingThursday, January 18, 2024 6:00 PM 13 | P a g e Vice-chair Binner asked about staff conditions. Ms. Szedlmayer pointed Vice-chair Binner to the last page of the presentation. Vice-chair Binner brought to staff attention that the request for applicant to get FDOT approval before BOCC, was not listed in staff conditions. Ms. Szedlmayer apologized for the inconsistency. Applicant Presentation: Bradley J. Currie, AICP, EDC, Inc., 10250 Village Parkway, Suite 201. Mr. Currie reminded the board that this project was before them on December 14, 2023, and was tabled. Mr. Currie presentation starts the presentation with questions for the staff regarding TVC, questions were asked and answered by Mr. Benton Planning Manager. Mr. Currie Presentation provided information to the board regarding, aerial mapping, future land use, existing zoning, density, the County’s comprehensive plans regarding flow way, a video of an already established community that the applicant has already done and the overview of the proposed rezoning. Public Comments: None. Board Discussion with Applicant/Staff: Mr. Lounds asked Mr. Currie about the road that goes to Indrio being closed. Mr. Currie answered yes sir if there is no approval from FDOT. Conversation continues regarding the entering and exiting on to Indrio from and into the community. Mr. Lounds suggests more park areas and street for family dwelling communities. Mr. Currie showed the board on the aerial all the opens space to play and walking areas. Mr. Mundt reads the County’s regulations on open space and asked Mr. Currie how they are complying. Mr. Currie states that they have recreational space, pools and walking area. Then Mr. Currie asked staff, has the County ever made any development abide by that ordinance. Mr. Benton stated that Oakridge Ranch has agreed to similar terms. The discussion continues about open space. Mr. O’Dell asked if the site plan would come in front of the P&Z board. Mr. Benton said no. Vice-chair Binner comments on traffic trips being low. Mr. Benton analysis was very conservative due to the uniqueness of the project being at two public roadways. Discussion continues. Ms. Fogarty reminds the board and staff that the school district is still a factor and bus stops for the children need to be taken into consideration. Discussion reconvenes regarding staff condition of applicant getting FDOT approval before they go to BOCC. The applicant thinks that is unreasonable, Mr. Taylor agrees with the applicant. Page 16 of 40 Planning & Zoning Commission MeetingThursday, January 18, 2024 6:00 PM 14 | P a g e Mr. Lounds makes another comment about making more greenspace. Mr. Benton stated staff will work on it. Vice-chair Binner adds that a percentage needs to be specified. Ms. Fogarty asked staff did their report not say that this project does not meet the green space requirements. Ms. Szedlmayer replied that the plan retail workplace does not have a set greenspace requirement. Public Comment reopened: Greogry Lundberg, 14299 Dalia. Mr. Lunberg voiced concern about the turning lane off Koblegard into the development. Staff clarified that the turn is off Indrio into the development. Board Discussion: The board discusses greenspace on the townhome side vs the single-family home side. Vice Chair Binner and Chair Lounds believe that the eastside needs another 3.57 of greenspace to make it even with the westside. RESULT:APPROVE MOVER:Board Member Ryan Binner SECONDER:Board Member Craig Mundt AYES:Billy O'Dell, Craig Mundt, Ed Lounds, Ryan Binner, Larry Neese, James A. Taylor NAYS:None EXCUSED:None 11.WORKSHOPS None. 12.OTHER BUSINESS None. 13.ADJOURN There being no further business to be brought before the Board, the meeting was adjourned at 10:31pm. Please note: Final minutes are recorded in the official minutes books that are filed with the Clerk of the Circuit Court and available for inspection upon request. Page 17 of 40 ITEM NO. (ID # 2024-64350) DATE: 2/15/2024 AGENDA REQUEST TO: Planning and Zoning Commission PRESENTED BY: Irene Szedlmayer, Senior Planner SUBMITTED BY: Planning & Development Services SUBJECT: Land Development Code Text Amendment: Farmers' Markets in Agricultural Zoning Districts BACKGROUND: The proposed amendment will allow the establishment of Farmers' Markets in the County's AG-5, AG-2.5 and AG-1 Zoning Districts, as a Conditional Use and subject to certain supplemental standards established by the proposed amendments. PREVIOUS ACTION: None FINANCIAL IMPACT: None in the short term. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission forward a recommendation of approval of the proposed amendments, as modified by staff. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 09, 2024 Page 18 of 40 Benjamin Balcer, Planning & Development Services Director Date: February 09, 2024 Katherine Barbieri, Assistant County Attorney III Page 19 of 40 Planning and Development Services Department Planning Division M E M O R A N D U M TO:Planning and Zoning Commission THROUGH:Benjamin Balcer, AICP, Planning & Development Services Director Kori Benton, AICP, Planning Manager FROM:Irene A. Szedlmayer, AICP, Senior Planner DATE:February 7, 2024 SUBJECT: PROJECT NO.: Text Amendment to the Land Development Code to allow Farmer’s Markets as a Conditional Use in Agricultural Zoning Districts TLDC- 2308-000024 BACKGROUND: Culpepper & Terpening, Inc., has proposed amendments to the Land Development Code (LDC) to allow Farmer’s Markets in the AG-1 (Agricultural -1), AG-2.5 (Agricultural- 2.5), and AG-5 Agricultural-5) Zoning Districts, as a conditional use and subject to supplemental standards. The proposed amendments seek to establish definitions in LDC Chapter 2 – Definitions related to farmers’ markets; amend the conditional uses in LDC Sections 3.01.03.A., B., and C. for AG- 1, AG-2.5, and AG-5, respectively.; and create a new LDC Section 7.10.37., providing supplemental standards applicable to farmers’ markets. The intent of the amendments is to allow local farmers, gardeners and producers to sell fresh, locally grown farm products and locally-produced value-added farm products to the general public. Sales may be conducted from trucks, open booths, temporary tents, or a permanent structure that does not exceed 6,000 square feet in area. Any permanent structure proposed will be subject to applicable building codes. The proposed text expressly distinguishes a Farmers’ Market from a flea market or antique market or arts and crafts market. No particular property has been formally identified as the site of a proposed Farmers’ Market. Presently, Agricultural production – crops, livestock and animal specialties are Permitted Uses within the Agricultural-1, 2.5 and 5 Zoning Districts. Retail trade and wholesale trade - subordinate to the primary authorized use or activity, is a permitted Accessory Use. Farm products warehousing and storage, retail trade of farm equipment and related accessories and the manufacturing of food and kindred products are eligible Conditional Uses as well. Proposed Definitions Page 20 of 40 Project Name: LDC Text Amendment File No.: TLDC - 2308-000024 2 The proposed terms to be defined and the proposed definitions are as follows: Farm Products - Farm Products shall include but are not limited to agricultural products such as fruits, vegetables, mushrooms, herbs, nuts, eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat, milk, cheese and other dairy products), and seafood. Farm Products may be sold at a Farmers’ Market from a Producer. Farmers’ Market - A retail sales use operated by a governmental agency, a nonprofit organization, or one or more Producers that primarily (greater than 75% of offered products) sells Farm Products and Value-added Farm Products directly to consumers. Farmers’ Markets can include indoor and outdoor displays and sales. A farmers Market is not a flea, antique or similar marketed activity. Market Manager - A person or organization that manages the operation of the Farmers’ Market, assigns space to producers and sellers, directs the maintenance of premises and records, and performs related duties as required. Producer - The person or entity that (a) raises or produces farm products on the land that the person or entity farms and owns, rents, or leases; or (b) a person or entity that creates (by cooking, canning, baking, preserving, roasting, etc.) Value-added Farm Products - A product processed by a Producer from a Farm Product, including but not limited to baked goods, jams and jellies, canned vegetables, dried fruit, syrups, salsas, salad dressings, flours, coffee, and other beverages, smoked or canned meats or fish, sausages, or prepared foods. Vendor - A farmer or other person designated as having the right to participate in the market. TEXT AMENDMENT STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE Pursuant to St. Lucie County Land Development Code (LDC), Section 11.06.03, the Development Review Committee (DRC) has reviewed the proposed Text Amendment. The DRC is generally supportive of the proposed text amendments but several inconsistencies between some proposed standards and currently applicable standards. These differences are identified and discussed in this section of the staff report. 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 amendments are generally consistent with the Land Development Code. The amendments will allow farm products and value-added farm products to be sold in the County’s Agricultural Zoning Districts subject to approval of a Conditional Use permit. Certain site standards have been proposed which staff have identified as inconsistent with the current code. These differences are identified and discussed below. 1. The proposed LDC Section 7.10.37.E.3. provides, “Paved parking is not required, except as may be otherwise be required to address ADA parking standards.” Page 21 of 40 Project Name: LDC Text Amendment File No.: TLDC - 2308-000024 3 Staff recommends that the following be text be incorporated instead: “Paved, pavers or asphalt parking may be required for all vehicular storage and use. Parking will be reviewed at time of application for the Conditional Use Permit, considering the scale and frequency of use. All ADA parking is required to be paved with asphalt, concrete or pavers.” 2. Staff recommends that the proposed LDC Section 7.10.37.E. be amended to include the following: “The general site development plan shall include the limits and elevations of any jurisdictional wetlands, the appropriate wetland buffer as defined in Comprehensive Plan Policy 6.1.14.5 and 6.1.14.6., along with the identification of the agency or agencies claiming jurisdiction, if applicable.” If a wetland is present on site, the wetland shall be identified on the general development plan and the boundary survey.” 3. Because the development of a Farmers’ Market is proposed to be allowed to proceed without approval of a Site Plan, and though an applicant for a Conditional Use Permit, pursuant to LDC Section 11.07.03.A. is required to demonstrate that “the proposed conditional use is in compliance with all requirements and is consistent with the general purpose, goals, objectives, and standards of [the LDC],” to assist applicants in knowing what is required, staff recommends that the proposed LDC Section 7.10.37.E. be amended as follows: “The application for the Conditional Use Permit shall include an Environmental Impact Report consistent with the LDC shall be provided if the proposed site meets any of the following: a. The property contains any wetland, or b. The property is identified on the “Inventory of Native Ecosystems for St. Lucie County, or c. The proposed development is located in whole or in part within the One Hundred (100) Year Flood Plain.” 4. To protect the public health, safety and welfare, because buffering the vehicular use areas is an important way to avoid negative impacts on nearby properties, and because LDC Section 7.09.04.O. provides flexibility to allow relief in instances where the landscaping requirements would otherwise be excessive for the intended use and site, staff recommends that landscaping standards generally be applicable to Farmers’ Markets and therefore that the proposed LDC be amended to include the following: “The General Development Plan shall include a Landscaping Plan that demonstrates compliance with LDC Section 7.09.00.” Alternatively, staff would support identifying the specific landscaping provisions that will apply wo Farmers’ Markets. 5. In order to avoid gradual expansion of the activities at a Farmers’ Market, staff suggests that it may be beneficial to identify some other uses and activities that are common Page 22 of 40 Project Name: LDC Text Amendment File No.: TLDC - 2308-000024 4 features at urban farmers’ markets, such as cooking classes, live music and other activities, are not permitted at a Farmers’ Market in an Agricultural Zoning District. B. Whether the proposed amendment is in conflict with all elements of the St. Lucie County Comprehensive Plan; The proposed amendments, as suggested to be amended by staff, are consistent with the St. Lucie County Comprehensive Plan. The following specific Comprehensive Plan goals, objectives and policies support the proposed amendment of the Land Development Code: 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. Policy 1.1.1.2. A and B provides that the AG-5 and AG-2.5 land use designation are “ intended for those areas of the County outside of the planned urban service area which are associated with agricultural and agricultural-related activities. These areas are recognized for first being appropriate for the production of citrus, cash crops, or ranching activities.” To the extent the Farmers’ Markets in the Agricultural Zoning District provide a market for agricultural products, these land use policies are advanced. 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 1.1.3.7 - The County shall consider and allow for compatible agri- tourism and eco-tourism uses within the Agricultural area. The proposed use shall not negatively impact the agricultural area or natural resources of the site and the proposed facility shall utilize design standards which consider the carrying capacity of the environmental resources, and the intensity and compatibility of the proposed use. No residential or intense commercial development may occur other than that typically related to park service and security functions. Any agri-tourism or eco-tourism facility must be consistent with provisions of the Coastal and Conservation Elements of this Plan. Objective 1.4.1: Create a sustainable plan for the County's western lands that will preserve and conserve a functioning network of agriculture, open space, and natural areas Page 23 of 40 Project Name: LDC Text Amendment File No.: TLDC - 2308-000024 5 while providing economically viable options for agricultural landowners, now and in the future based upon the Western Lands Study. Policy 1.4.1.5 – Consider including strategies in the Land Development Code for agricultural lands to include targeting agricultural industries and activities that: • support bio-fuel production, • promote agri-tourism, eco-tourism, • promote/support local food marketing and branding, and • promote mass stormwater farming, storage and treatment.” C. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses; The proposed LDC requires a Farmers’ Market proposed for location in an Agricultural Zoning District to be required to obtain a Conditional Use Permit. LDC Section 11.07.03 requires am applicant for a Conditional Use Permit to demonstrate the following: “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.” D. Whether there have been changed conditions that require an amendment; It is not clear that changed conditions require the proposed amendment. However, eating and cooking with locally-sourced food is increasingly gaining attention as a way to reduce the environmental impact of our diets. Further, the supply-chain interruptions experienced due to COVID made some people think more about the global-sourcing of their food. Additionally, direct farm to consumer sales can yield substantially higher profit on a per unit basis compared to sales to a wholesaler for eventual re-sale to the ultimate consumer. Therefore, the proposed Farmers’ Markets can represent an additional source of income for some local growers and producers. Finally, small-scale growing for market can provide a possible entrepreneurial opportunity for local people. 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 Page 24 of 40 Project Name: LDC Text Amendment File No.: TLDC - 2308-000024 6 facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed text amendment is anticipated to create minimal demand for public facilities and services. Some roadways, including rural roadways will experience some additional traffic as a result of the operation of Farmers’ Markets in the Agricultural Zoning Districts. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed text amendment will not result in adverse impacts on the natural environment. As discussed in Paragraph C above, by increasing the consumption of food produced locally, it may be possible to assert that adverse impacts to the wider environment are reduced. 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. It might be expected that traffic and noise will increase in the vicinity of a successful Farmers’ Market but the review of the application for a Conditional Use permit provides the opportunity to minimize such effects. H. Whether and the extent to which the proposed amendment would not result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; The proposed amendments will allow the sale of agricultural products to the consumer in the Agricultural Zoning Districts. The sale of locally-produced food and food products constitutes a logical and orderly development pattern. As the residential population living in the western part of the County continues to increase, providing for the sale of agricultural products on Agriculturally-zoned land may reduce the distance some must travel to purchase food. 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 Commissioners may raise other matters regarding the proposed Land Development Code Amendment. PUBLIC NOTICE: A notice of public hearing display advertisement was published on Sunday, February 4, 2024. STAFF RECOMMENDATION: Page 25 of 40 Project Name: LDC Text Amendment File No.: TLDC - 2308-000024 7 Staff finds the proposed amendments, as suggested to be modified by staff, meet the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code, and are not in conflict with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Staff recommends the Planning and Zoning Commission review the agenda materials, consider the presentations made at the public hearing and any public comment received and forward a recommendation of approval to the Board of County Commissioners. Staff believes the proposed amendment to the Land Development Code will benefit from some re-organization and word-smithing, and requests that the Planning and Zoning Commission’s recommendation of approval, if that is the Commission’s determination, include the authorization for staff to work to improve the organization and clarity of the proposed code. Page 26 of 40 Ordinance No. 2024-___ Page 1 . ORDINANCE No. 2024- FILE NO.: TLDC- 2308-000024 AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE, CHAPTER II, SECTION 2.00.00, DEFINITIONS, TO ADD DEFINITIONS PERTAINING TO FARMERS’ MARKETS; AMENDING CHAPTER III, SECTION 3.01.03, TO IDENTIFY FARMERS’ MARKETS AS A CONDITIONAL USE IN THE AG-5, AG-2.5 AND AG-1 (AGRICULTURAL) ZONING DISTRICTS; AND AMENDING CHAPTER VII, SECTION 7.10.00., TO ENACT A NEW SECTION 7.10.37., TO ESTABLISH SUPPLEMENTAL STANDARDS FOR FARMERS’ MARKETS IN AGRICULTURAL ZONING DISTRICTS; 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 Statutes, to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law; and WHEREAS, on February 15, 2024, the Planning and Zoning Commission held a public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on February 4, 2024. The Planning and Zoning Commission recommended that the Board of County Commissioners ____ 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 Page 27 of 40 Ordinance No. 2024-___ 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 LAND DEVELOPMENT CODE The Board of County Commissioners does hereby state its intention to amend Section 2.00.00, to amend Sections 3.01.03.A., B., and C., and to enact Section 7.10.37., of the Land Development Code. 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. Page 28 of 40 Ordinance No. 2024-___ 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 The effective date of this Ordinance is dependent on the effective date of the Ordinance 2024-__, shall be effective upon filing with the Secretary of State. H. CODIFICATION This Ordinance, upon its effective date, shall be codified by incorporating any contained changes into the St. Lucie County Land Development Code. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Cathy Townsend, Chair XXX Chris Dzadovsky, Vice-Chair XXX Larry Leet, Commissioner XXX Linda Bartz, Commissioner XXX Jamie Fowler, Commissioner XXX PASSED AND DULY ENACTED this _____ day of ___________, 2024. Attest: Board of County Commissioners St. Lucie County, Florida __________________________ By:__________________________ Deputy Clerk Chair Approved as to Form and Correctness: By: ____________________________ County Attorney Page 29 of 40 Proposed SLC LDC Text Amendment Draft 2 December 20, 2023 UNDERLINE IS FOR ADDITION STRIKE THRU IS FOR DELETION Page 1 of 10 CHAPTER 2.0.00 DEFINITIONS: [Note: definitions listed below may be renumbered as necessary in final publication] 1) Farm Products - Items sold at a Farmers’ Market from a Producer. Farm Products shall include but are not limited to agricultural products such as fruits, vegetables, mushrooms, herbs, nuts, eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat, milk, cheese and other dairy products), and seafood. 2) Farmers’ Market - A retail sales use operated by a governmental agency, a nonprofit organization, or one or more Producers that primarily (greater than 75% of offered products) sells Farm Products and Value-added Farm Products directly to consumers. Farmers’ Markets can include indoor and outdoor display and sales. A farmers Market is not a flea, antique or similar marketed activity. 3) Market Manager - A person or organization that manages the operation of the Farmers’ Market, assigns space to producers and sellers, directs the maintenance of premises and records, and performs related duties as required. 4) Producer - The person or entity that (a) raises or produces farm products on the land that the person or entity farms and owns, rents, or leases; or (b) a person or entity that creates (by cooking, canning, baking, preserving, roasting, etc.) 5) Value-added Farm Products - A product processed by a Producer from a Farm Product, including but not limited to baked goods, jams and jellies, canned vegetables, dried fruit, syrups, salsas, salad dressings, flours, coffee and other beverages, smoked or canned meats or fish, sausages, or prepared foods. 6) Vendor - A farmer or other person designated as having the right to participate in the market. ******************** CHAPTER 3.0.00 ZONING DISTRICTS 3.01.03. Zoning Districts. A. AG-1 AGRICULTURAL - 1. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per gross acre. The number in "( )" Page 30 of 40 Proposed SLC LDC Text Amendment Draft 2 December 20, 2023 UNDERLINE IS FOR ADDITION STRIKE THRU IS FOR DELETION Page 2 of 10 following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses. a. Agricultural production - crops. (01) b. Agricultural production - livestock and animal specialties. (02) c. Agricultural services. (07) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) f. Fishing, hunting and trapping. (09) g. Forestry. (08) h. Kennels. (0752) i. Research facilities, non-commercial. (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) l. Solar generation station, subject to the requirements of Section 7.10.28. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 7-10 in Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 7- 10 in Section 7.04.00. 5. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses. a. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance. (4581) c. Airports and flying, landing, and takeoff fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) f. Farmers markets – subject to the standards of Section 7.10.37. (999) f g. Gasoline service stations. (5541) g h. Industrial wastewater disposal. (999) Page 31 of 40 Proposed SLC LDC Text Amendment Draft 2 December 20, 2023 UNDERLINE IS FOR ADDITION STRIKE THRU IS FOR DELETION Page 3 of 10 h i. Manufacturing: (1) Agricultural chemicals. (287) (2) Food and kindred products. (20) (3) Lumber and wood products, except furniture. (24) I j. Mining and quarrying of nonmetallic minerals, except fuels. (14) J k. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel and accessory stores. (56) K l . Sewage disposal subject to the requirements of Section 7.10.13. (999) L m. Telecommunication towers - subject to the standards of Section 7.10.23. (999) m n. Camps - sporting and recreational. (7032) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. c. Guest house subject to the requirements of Section 7.10.04. (999) d. Solar energy system subject to the requirements of Section 7.10.28. (999) e. Cargo containers subject to the requirements of Section 7.10.35. B. AG-2.5 AGRICULTURAL - 2.5. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per two and one-half (2.5) gross acres. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses. a. Agricultural production - crops. (01) b. Agricultural production - livestock and animal specialties. (02) c. Agricultural services. (07) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home Page 32 of 40 Proposed SLC LDC Text Amendment Draft 2 December 20, 2023 UNDERLINE IS FOR ADDITION STRIKE THRU IS FOR DELETION Page 4 of 10 and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) f. Fishing, hunting and trapping. (09) g. Forestry. (08) h. Kennels. (0752) i. Research facilities, noncommercial. (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) l. Solar generation station, subject to the requirements of Section 7.10.28. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 7-10 in Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 7- 10 in Section 7.04.00. 5. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00 7. Conditional Uses: a. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance. (4581) c. Airports and flying, landing, and takeoff fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) f. Farmers markets – subject to the standards of Section 7.10.37. (999) f g. Gasoline service stations. (5541) g h. Industrial wastewater disposal. (999) h i. Manufacturing: (1) Agricultural chemicals. (287) (2) Food and kindred products. (20) (3) Lumber and wood products, except furniture. (24) I j. Mining and quarrying of nonmetallic minerals, except fuels. (14) J k. Radio, television, and microwave communication stations and towers. (999) k l. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel and accessory stores. (56) l m . Sewage disposal subject to the requirements of Section 7.10.13. (999) Page 33 of 40 Proposed SLC LDC Text Amendment Draft 2 December 20, 2023 UNDERLINE IS FOR ADDITION STRIKE THRU IS FOR DELETION Page 5 of 10 m n. Telecommunication towers - subject to the standards of Section 7.10.23. (999) n o. Camps - sporting and recreational. (7032) o p. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. 8. Accessory Uses: Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. c. Guest house subject to the requirements of Section 7.10.04. (999) d. Solar energy system subject to the requirements of Section 7.10.28. (999) e. Cargo containers subject to the requirements of Section 7.10.35. C. AG-5 AGRICULTURAL - 5. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per five (5) gross acres. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Agricultural production - crops. (01) b. Agricultural production - livestock and animal specialties. (02) c. Agricultural services. (07) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) f. Fishing, hunting and trapping. (09) g. Forestry. (08) h. Kennels. (0752) i. Research facilities, noncommercial. (8733) Page 34 of 40 Proposed SLC LDC Text Amendment Draft 2 December 20, 2023 UNDERLINE IS FOR ADDITION STRIKE THRU IS FOR DELETION Page 6 of 10 j. Riding stables. (7999) k. Single-family detached dwellings. (999) l. Telecommunication towers - subject to the standards of Section 7.10.23. (999) m. Solar generation station, subject to the requirements of Section 7.10.28. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 7-10 in Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 7- 10 in Section 7.04.00. 5. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping Requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance. (4581) c. Airports and flying, landing, and take-off fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) f. Farmers markets – subject to the standards of Section 7.10.37. (999) f g. Gasoline service stations. (5541) g h. Industrial wastewater disposal. (999) h i. Manufacturing: (1) Agricultural chemicals. (287) (2) Food and kindred products. (20) (3) Lumber and wood products, except furniture. (24) i j. Mining and quarrying of nonmetallic minerals, except fuels. (14) j k. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel and accessory stores. (56) k l . Sewage disposal subject to the requirements of Section 7.10.13. (999) l m. Camps - sporting and recreational. (7032) m n. Off-road vehicle parks, except go-cart raceway operation or rentals (7999), subject to the requirements of Section 7.10.21. (999) n o. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. o p. Commercial composting facilities subject to the requirements of Section 7.10.34. Page 35 of 40 Proposed SLC LDC Text Amendment Draft 2 December 20, 2023 UNDERLINE IS FOR ADDITION STRIKE THRU IS FOR DELETION Page 7 of 10 p q. Recreational vehicle and boat storage facilities subject to the requirements of Section 7.10.36. (999) 8. Accessory Uses: Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. c. Guest house subject to the requirements of Section 7.10.04. (999) d. Solar energy system subject to the requirements of Section 7.10.28. (999) e. Cargo containers subject to the requirements of Section 7.10.35. ******************** Section 7.10.37 Farmers Market. A. General: For purposes of this section, a farmers' market is intended to be a small, designated area for a local farmer, gardener or producer, to sell fresh, locally grown and produced “Farm Products” or “Value- added Farm Product(s)” to the general public. Sales may be conducted from trucks, open booths, temporary tented structures or a permanent structure under 6,000 square feet. Unless otherwise required by the Florida Building Code, a building permit is not needed for such open booths or temporary tented structures. Any permanent structure proposed for the site, will be subject to all applicable building codes and standards. Farmers Markets approved under this Section are intended for business operations that do not exceed three-days, per week. Operational days during the week may vary, and are not required to be consecutive. As part of any application for Conditional Use permit, operating hours and expected days of operation shall be identified. Amendments to these hours of operation and operating days may be made at any time, provided the three day per week limitation is not exceeded, by written notification to the County Planning and Development Services Director. Market designs and operations shall be done in a manner compliant with the provisions of this Code, as described specifically in this Section, so as not to have negative impacts on nearby properties. B. Compliance with Federal, State and Local Laws: All Farmers' Markets and their vendors shall comply with all federal, state, and local laws and regulations pertaining to the operation and use of the Market. Copies of any required operation or health permits must be kept on site by the Market Manager and/or vendors Page 36 of 40 Proposed SLC LDC Text Amendment Draft 2 December 20, 2023 UNDERLINE IS FOR ADDITION STRIKE THRU IS FOR DELETION Page 8 of 10 during all hours of operation. C. Sanitation and Health. Plans for sanitation and public health protection including temporary bathroom facilities, stormwater management, garbage and litter control, shall be approved by the appropriate County Department (including the Health Department) as part of the Conditional Use review process, as needed. Health and sanitation permits shall be as required by the appropriate State or County authority. D. General Site Design Standards In addition to the minimum zoning district site standards for the property in which the proposed Farmers Market is to be located, the following general site standards shall be complied with. In the case of conflict with other parts pf this code, the standards of this Section shall superceed and apply: 1. Minimum parcel size: 2 acres/ maximum parcel size 10 acres (this includes all sales and market activity areas, parking and site drainage) farmers markets proposed to be greater than 10 acres in area must be reclassified for commercial land use and zoning in accord with the St. Lucie county comprehensive plan and land development code. 2. All sales booths, temporary structures (including tents and shade shelters) and trucks being used to sell “Farm Products” or “Value-Added Farm Product(s)”, shall be a minimum of 50 feet from all public road rights-of-way. All parking for producers, vendors and the public shall be on the property of the landowner, and there shall be no parking permitted on or in any adjacent public right-of-way. 3. All sales booths, temporary structures (including tents and shade shelters) and trucks being used to sell “Farm Products” or Value-Added Farm Product(s), shall meet the following minimum setbacks: a. The front setback shall be 50 feet from the front lot line or any street lot line. b. The side setback shall be 30 feet from the side lot line. c. The rear setback shall be 30 feet from the rear lot line. E. General Development Plan: A Farmer's Markets proposed for approval as a conditional use pursuant to this section, shall provide a generalized site layout plan depicting areas of proposed sales and marketing activity, and shall include the following: 1. A boundary survey of the proposed Farmers Market activity area. The boundary survey may be limited to the area of proposed use. 2. The generalized site layout plan shall include the name, location and designer of the project site and the total square footage area of the sales activity area, along with an identification of all onsite restrooms and sanitary facilities. As part of this generalized plan, parking and any required stormwater management facilities shall be indicated. Page 37 of 40 Proposed SLC LDC Text Amendment Draft 2 December 20, 2023 UNDERLINE IS FOR ADDITION STRIKE THRU IS FOR DELETION Page 9 of 10 3. The minimum required parking for the proposed Farmers Market shall be computed at a ratio of 1 parking stall (Standard County sized) for each 1,000 square feet of designated sales area. Parking shall be delineated in accord with the County’s general dimensional criteria. Paved parking is not required, except as may be otherwise be required to address ADA parking standards. 4. The general site development plan shall show the location of the site in relation to surrounding properties, including the means of ingress and egress from such properties. Driveway connections onto adjacent roads shall be permitted in accord with applicable permitting standards and requirements of the roadway ownership authority. 5. Waste receptacles shall be screened in accord with standard County requirements. Perimeter landscaping shall not be required for the farmer’s market sales area, access aisles or parking areas provided that no permanent structures (excluding at-grade slabs) are erected as part of the marketing area. Should permanent structures be erected, all applicable County landscape codes shall apply (based on the Commercial General site design standards). 6. Any project signage shall be consistent with the regulations generally applicable under the properties agricultural zoning designation. F. General Operating Standards: 1. All Farmers’ Markets must have an established set of operating rules addressing the governance structure of the farmers’ market, hours of operation, maintenance and security requirements and responsibilities; including the requirements for the appointment of a Market Manager. Administration and enforcement of these operating rules shall be the responsibility of the Market Manager. The County is not obligated to enforce any operating rules that are in conflict with minimum County Codes and standards. 2. All Farmers’ Markets must have a Market Manager, who shall be authorized to direct the operations of all vendors participating in the market, on the site of the market ,during all hours of operation. 3. All Farmers’ Markets and their vendors must receive all required operating and health permits, and these permits (or copies) shall be in the possession of the Farmers’ Market Manager or the vendor, as applicable, on the site of the Farmers’ Market during all hours of operation. All Farmers’ Markets and their vendors must comply with all federal, state, and local laws and regulations relating to the operation, use, and enjoyment of the market premises; 4. Fresh fruits, vegetables or other consumables shall be confined to the sales tables that are to be at least six-inches above the ground. Page 38 of 40 Proposed SLC LDC Text Amendment Draft 2 December 20, 2023 UNDERLINE IS FOR ADDITION STRIKE THRU IS FOR DELETION Page 10 of 10 5. Conveniently located toilet facilities, including a hand wash lavatory with hot and cold water shall be available for market vendors and patrons. 6. All trash, refuse and garbage must be removed from the marketing activity area at the end of each day. The premises occupied by the farmer's market shall be kept clean and free of accumulated trash, refuse or garbage during and after the hours of operation. All discarded fresh fruits, vegetables or other produce will be removed by the vendor. 7. Crafts, souvenirs, antiques, clothing, jewelry, and other non-food items are just a few of the items that cannot be sold at the farmers' market. 8. The sale of the following items are prohibited: a) live animals, b) alcoholic beverages, for on-premises consumption. Page 39 of 40 Page 40 of 40