HomeMy WebLinkAboutAgenda Packet 10.21.2021PLANNING & ZONING COMMISSION
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Thursday, October 21, 2021
6:00 PM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
CHAIRMAN
JAMES TAYLOR
VICE-CHAIRMAN
ROBERT LOWE
BOARD MEMBER
CRAIG MUNDT
BOARD MEMBER
VALERIE SLACK
BOARD MEMBER
CRAIG BRIDGERS
BOARD MEMBER
ED LOUNDS
AT-LARGE BOARD MEMBER
LAWRENCE “BEAU” SLAY
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, October 21, 2021 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, October 21, 2021 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 meeting of September 16, 2021.
8.PUBLIC COMMENT
9.PUBLIC HEARINGS
A.Ordinance No. 21-039 Regarding Sidewalks in Residential Development with Lot Sizes of 2.5 Acres
or Greater - THIS ITEM IS QUASI-JUDICIAL
BOARD MEMBER DISCLOSURES
B.A County initiated Text Amendment to the Land Development Code to allow an alternative method
for the subdivision of property in the AG-1 (Agricultural-1), AG-2.5 (Agricultural-2.5) Zoning
Districts. - THIS ITEM IS QUASI-JUDICIAL
BOARD MEMBER DISCLOSURES
C.A County initiated Text Amendment to the Land Development Code to establish requirements for a
Stormwater Grading Plan for Single-Family and Duplex Infill Development.- THIS ITEM IS QUASI-
JUDICIAL
BOARD MEMBER DISCLOSURES
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Regular Meeting Thursday, October 21, 2021 6:00 PM
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10.WORKSHOPS
11.OTHER BUSINESS
12.ADJOURN
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Present
Excused
PLANNING & ZONING COMMISSION
ST. LUCIE COUNTY, FLORIDA
Regular Meeting
September 16, 2021 Convened: 6:00PM Adjourned: 6:21PM
1. CALL TO ORDER
The meeting was called to order at 6:00 PM, by Chair Taylor.
2. PLEDGE OF ALLEGIANCE
3. INVOCATION
The invocation was done by Mr. O'Dell.
4. ROLL CALL
Board Member Billy O'Dell, President Bob Lowe, Board Member Ed Lounds, Board Member Valerie
Slack, Board Member Ryan Binner, Board Member James A. Taylor
Chair Craig Mundt, Ex-Officio Marty Sanders, Board Member Lawrence "Beau" Slay, Board Member
Craig Bridgers
5. ANNOUNCEMENTS
No announcements.
6. DISCLOSURE(S)
No disclosures.
7. MINUTES
A. St. Lucie County Planning & Zoning Commission minutes for the meeting of July 15, 2021.
RESULTS: Approve.
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Planning & Zoning Commission Meeting Thursday, September 16, 2021 6:00 PM
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8. PUBLIC COMMENT
No public comment.
9. PUBLIC HEARINGS
A. Travelcamp Small-Scale Future Land Use Map Amendment - Petition for an amendment to the
Comprehensive Plan Future Land Use Map to predesignate the southern 1.75-acre portion of the
subject parcel from T/U (Transportation/Utilities) to the COM (Commercial) category. - THIS ITEM
IS QUASI-JUCIDIAL
BOARD MEMBER DISCLOSURES
Presented by Kris McCrain, Associate Planner.
The Planning and Zoning Commission is acting on this item as the Local Planning Agency. In
accordance with public notice requirements outlined in Section 11.00.03 of the St. Lucie
County Land Development Code, advertisement for this Public Hearing was placed in the St.
Lucie Tribune on Saturday, September 4, 2021. In addition, notices were mailed to adjacent
property owners located within 500 feet of the subject properties, and a sign was placed on
the subject property. The petition pertains to the 4.95-acre vacant parcel located on the east
side of US Highway 1, situated approximately 800 feet south of Easy Street and the Indian
River Estates Residential Subdivision. The subject property is designated by the Commercial
General Zoning District; However, the property contains split Future Land Use designations,
with the northern portion designated by the Commercial Future Land Use, and the southern
1.75-acres designated by the Transportation/Utilities Future Land Use. The petition for an
amendment to the Future Land Use Map will provide a uniform Commercial Future Land Use
designation across the entire parcel, while also providing compatibility for the existing
Commercial General Zoning District.
STAFF RECOMMENDATION: Staff has reviewed the proposed small-scale Comprehensive Plan
Future Land Use Map Amendment and determined it meets the standards for review outlined
APPROVE
Vice-chair Bob Lowe
Board Member Billy O'Dell
Chair James A. Taylor, Billy O'Dell, Ed Lounds, Ryan Binner, Valerie
Slack
None
None
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
EXCUSED:
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Planning & Zoning Commission Meeting Thursday, September 16, 2021 6:00 PM
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in Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the
Goals, Objectives, and Policies of the Comprehensive Plan; therefore, Staff recommends the
Planning and Zoning Commission, acting as the Local Planning Agency, forward this petition
to the Board of County Commissioners with a recommendation for approval of the Future
Land Use Map Amendment from T/U (Transportation/Utilities) to COM (Commercial).
APPLICANT/ AGENT PRESENTATION: Mark McCarty, explained the history of the land use of
the property and a brief synopsis of the Travel Camp Minor Site Plan under review for the
subject property.
DISCUSSION: Valerie Slack requested clarification of the intent and goal of the Utilities Future
Land Use designation. Mr. McCrain and Mr. McCarty responded to her inquiry.
RESULT:
B. A County initiated a Comprehensive Plan Amendment to include a new element entitled Property
Rights. Legislation was passed this year that requires each local government to adopt a property
rights element as a part of their Comprehensive Plan. ACTING AS THE LOCAL PLANNING AGENCY
BOARD MEMBER DISCLOSURES
Presented by Jodi Nentwick, Senior Planner
A County initiated a Comprehensive Plan Amendment to include a new element entitled
Property Rights. Legislation was passed this year that requires each local government to
adopt a property rights element as a part of their Comprehensive Plan. Public Notice was
advertised in the St. Lucie Tribune on Sunday, September 5th.
The proposed amendment is required due to new legislative mandates, effective July 1, 2021.
In particular, House Bill 59 – Growth Management requires all local governments to have a
Property Rights Element included in their comprehensive plan. The legislation modified
Chapter 163.3177 of the Florida Statutes to add a Property Rights Element as one of the
required elements in all Comprehensive Plans. The legislation also limits the ability to adopt
any other Comprehensive Plan amendments initiated after July 1st from being adopted until
the Property Rights Element is adopted. The State defines amendments initiated after July 1,
2021, as those amendments which had their first public hearing, in our case a Planning and
APPROVE
Board Member Ed Lounds
Board Member Billy O'Dell
Chair James A. Taylor, Vice-Chair Bob Lowe, Billy O'Dell, Ed Lounds,
Ryan Binner, Valerie Slack
None
None
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
EXCUSED:
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Planning & Zoning Commission Meeting Thursday, September 16, 2021 6:00 PM
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Zoning Commission hearing, after that date.
This proposed amendment will add a new Element to the Comprehensive Plan. House Bill 59
states that a local government may adopt the statement of rights, as set forth in Chapter 163.
Local governments may also adopt their own Property Rights Element, so long as the element
does not conflict with the statement of rights listed within the House Bill 59. The proposed
element meets the intent of the language within the House Bill.
The proposed amendment is not anticipated to require any changes to the Land
Development Code. The County has already established within the Land Development Code
public notices requirements (i.e newspaper ads, mailers within 500 feet and posting of
properties).
DISCUSSION: Ms. Nentwick and Katherine Barbieri, Assistant County Attorney, responded to
various question posed by Vice-chair Lowe, Mr. O'Dell and Ms. Slack.
RESULT:
10. WORKSHOPS
None.
11. OTHER BUSINESS
None.
12. ADJOURN
Vice-chair Lowe inquired about the next P&Z Meeting. Benjamin Balcer, Planning & Development
Services Assistant Director, confirmed that there are three agenda items for the October 21st P&Z
Meeting: two PNRD's and a Text Amendment.
The meeting was adjourned by Chair Taylor at 6:21PM.
APPROVE
Board Member Billy O'Dell
Board Member Ed Lounds
Chair James A. Taylor, Vice Chair Bob Lowe, Billy O'Dell, Ed Lounds,
Ryan Binner, Valerie Slack
None
None
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
EXCUSED:
Page 8 of 51
ITEM NO.(ID # 2021-52518)
DATE:10/21/2021
AGENDA REQUEST
TO:Planning and Zoning Commission
PRESENTED BY:Caroline Valentin, Assistant County Attorney
SUBMITTED BY:County Attorney
SUBJECT:Ordinance No. 21-039 Regarding Sidewalks in Residential Development with Lot
Sizes of 2.5 Acres or Greater - THIS ITEM IS QUASI-JUDICIAL
BOARD MEMBER DISCLOSURES
BACKGROUND:
Attached is a draft ordinance which, if adopted, would provide an option for unpaved trails in lieu of paved
sidewalks for those residential developments within the County's Urban Service Boundary that have lot sizes
of 2.5 acres or greater. As part of this partial waiver of the sidewalk construction requirements, the Board of
County Commissioners may impose conditions. The ordinance was drafted in response to the Board of
County Commissioners' discussion at a previous meeting. - THIS ITEM IS QUASI-JUDICIAL
BOARD MEMBER DISCLOSURES
PREVIOUS ACTION:
On October 5, 2021, the Board of County Commissioners authorized permission to advertise to amend
Section 7.05.04A.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission forward the draft ordinance to the Board of
County Commissioners with a recommendation of approval.
COMMISSION ACTION:
RESULT:
MOVER:
SECONDER:None
AYES:None
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NAYS:None
EXCUSED:None
Coordination/Signatures
Date: October 13, 2021
Caroline Valentin, Assistant County Attorney
Date: October 13, 2021
Leslie Olson, Planning & Development Services Director
Date: October 14, 2021
Don West, Public Works Director
Date: October 15, 2021
Daniel McIntyre, County Attorney
Date: October 15, 2021
Howard Tipton, County Administrator
Page 10 of 51
ORDINANCE No. 2021-039
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT
CODE, SECTION 7.05.04A – SIDEWALKS TO PROVIDE FOR A PARTIAL
WAIVER FOR RESIDENTIAL DEVELOPMENT WITH LOT SIZES OF 2.5 ACRES
OR GREATER; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING
WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (Board), based on
the testimony and evidence, including but not limited to the staff report, has made the
following determinations:
1.On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida,
adopted the St. Lucie County Land Development Code.
2.This Board is authorized by Section 125.01(1)(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.
3.On October 21, 2021, the Planning and Zoning Commission held a Public Hearing on
the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on
October 9, 2021. The Planning and Zoning Commission recommended to the Board of
County Commissioners _____________ of the proposed text amendment to the St.
Lucie County Land Development Code.
5.On November 2, 2021, 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 October 23, 2021.
6.On November 16, 2021, 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 November 6, 2021.
7.The proposed amendments to the St. Lucie County Land Development Code are
consistent with the general purpose, goals, objectives, and standards of the St. Lucie
County Comprehensive Plan, are internally consistent with the remainder of the Land
Development Code, and are in the best interest of the health, safety, and public welfare
of the citizens of St. Lucie County, Florida.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA:
PART A.THE SPECIFIC AMENDMENT TO THE ST. LUCIE COUNTY
LAND DEVELOPMENT CODE ARE TO READ AS FOLLOWS:
The specific amendments to the St. Lucie County Land Development Code to read as follows
in strikethrough and underline format:
7.05.04. - Sidewalks and Bikeways.
A. Sidewalks.
1. All residential developments required to obtain site plan approval located within the
Urban Service Boundary and all non-residential development above 6,000 square
feet located within the unincorporated area of St. Lucie County and within the Urban
Service Boundary are required to design and construct sidewalks within the right-of-
way of all streets and roadways that abut or lie within the perimeter of the property.
Non-residential developments under 6,000 square feet and inside the Urban Service
Boundary are generally presumed to be exempt from this sidewalk requirement
particularly in areas not expected to generate pedestrian traffic. Exceptions to the
presumed exemption include but are not necessarily limited to locations where
connections can be made to existing sidewalks, or in locations on primary routes to
schools or public transit. In any case, the design of proposed development should
accommodate future sidewalk connection and future pedestrian traffic to and within
the proposed development.
2. New sidewalks must be a minimum of six (6) feet side along streets classified as
collectors and arterials.
3. Local street requirements are based upon local needs and existing conditions. Local
streets shall have sidewalks five (5) feet wide along one (1) or both sides of the street
as deemed necessary during the County's development review process.
4. All new sidewalks shall be constructed of concrete, brick pavers or other materials
acceptable to St. Lucie County. All construction must conform to Florida Department
of Transportation and/or St. Lucie County standards.
a. All sidewalks on internal private roads shall connect with the sidewalks in the
abutting public right-of-way.
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b. The County Engineer may authorize a modification in sidewalk width to
protect existing trees or to accommodate existing utilities. In no case shall
sidewalks be less than four (4) feet.
c. The Development Review Committee (DRC) as part of the site plan review
process shall document any exemption of a development project from
constructing specific sidewalk segments based on physical constraints such
as proximity to drainage canals or structures where the construction of the
particular sidewalk segment would result in a disproportionate burden on the
development.
d. Sidewalks shall be constructed around the perimeter of a cul-de-sac.
e. All sidewalks and ramps shall conform to the latest requirements published in
the most recent edition of the Americans With Disabilities Act (ADA)
Accessibility Guidelines.
f. The developer will bear the cost for design and construction of the sidewalk.
Sidewalks on private property must be maintained by the developer, property
owner's association or other entity as approved by St. Lucie County through
the operation and maintenance covenants of the community, subdivision
association or other recognized management entity. St. Lucie County shall
maintain all sidewalks located within County maintained public rights-of-
way unless otherwise agreed to through specific maintenance agreements.
g. Multi-Use Paths (ten (10) to twelve (12) feet wide) may be required by the
County in place of sidewalks when the multi-use path would be part of the
adopted area-wide bicycle/pedestrian system or Greenways and Trails plan.
h. The Board of County Commissioners shall authorize total or partial relief from
the requirements of sidewalk construction if it finds, after receiving the
recommendation of the Development Review Committee and based on
conditions peculiar to the proposed development, that the proposed
sidewalk construction is not in the best interest of the County. For those
residential developments located within the County’s Urban Service
Boundary that propose lot sizes of 2.5 acres or greater, the Board may waive
the sidewalk requirements along internal roads and allow those
developments to construct unpaved trails for use by pedestrians or horses
along internal roads. The Board may impose conditions as part of the waiver.
In all other cases, the applicant shall pay a fee-in-lieu to the County for
sidewalk and/or greenways and trails construction. If the fees are not used to
design, acquire needed right-of-way or construct sidewalks within ten (10)
years from the date of payment, the developer may request a refund.
PART 8.CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St.
Lucie County, County ordinances and County resolutions, or parts thereof, in conflict
with this ordinance are hereby superseded by this ordinance to the extent of such
conflict.
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PART C.SEVERABILITY.
If any portion of this Ordinance is for any reason held or declared to be
unconstitutional, inoperative, or void; such holding shall not affect the remaining
portions of this Ordinance. If this Ordinance, or any" provision thereof shall be held to
be inapplicable to any person, property, or circumstance, such holding shall not affect
its applicability to any other person, property, or circumstance.
PART D.APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART E.FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the
Bureau of Administrative Code and Laws, Department of State, The Capitol,
Tallahassee, Florida 32304.
PART F.EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
PART G.ADOPTION.
After motion and second , the vote on this ordinance was as follows:
Chris Dzadovsky, Chair XXX
Sean Mitchell, Vice Chair XXX
Linda Bartz, Commissioner XXX
Frannie Hutchinson, Commissioner XXX
Cathy Townsend, Commissioner XXX
PART H.CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and
Complied Laws, and the word "ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that Parts B through H shall not be codified.
Page 14 of 51
PASSED AND DULY ENACTED this ______day of _______________, 2021.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
___________________________ BY: _______________________________
Deputy Clerk Chair
APPROVED AS TO FORM AND
CORRECTNESS:
BY: _____________________________
County Attorney
Page 15 of 51
TR-GCI0747380-01
ST.LUCIE COUNTY PLANNING AND ZONING
COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
PUBLIC HEARING AGENDA
Thursday,October21,2021
NOTICE OFA PROPOSED TEXT AMENDMENT
TO THE LAND DEVELOPMENTCODE
The St.Lucie CountyPlanning and Zoning Commission isscheduledto
reviewand makea recommendation regarding the following County initiated
proposal for adoption by the Board of County Commissionersof St.Lucie
County,Florida,by Ordinance:
ORDINANCE NO.21-039
ANORDINANCE OF THEBOARD OFCOUNTY COMMISSIONERS OF ST.LUCIE
COUNTY,FLORIDA,AMENDINGTHE TEXT OF THE LAND DEVELOPMENT CODE,
SECTION 7.05.04A–SIDEWALKS TO PROVIDE FOR APARTIAL WAIVER FOR
RESIDENTIAL DEVELOPMENT WITHLOT SIZES OF 2.5 ACRES OR GREATER;
PROVIDING FOR CONFLICTINGPROVISIONS;PROVIDING FOR SEVERABILITY;
PROVIDING FOR APPLICABILITY;PROVIDING FOR FILING WITH THE
DEPARTMENT OF STATE;PROVIDING FOR AN EFFECTIVE DATE;PROVIDING FOR
ADOPTION;ANDPROVIDING FOR CODIFICATION.
PURPOSE:A County initiatedText Amendment to the LandDevelopment Code
amending Section 7.05.04A sidewalksto provideforapartial waiver for residential
development with lot sizes of 2.5 acresorgreater.
Copies of the proposedordinancemaybe obtainedfrom the CountyAttorney’s
Office,St.Lucie County Administration Building Annex,2300 Virginia Avenue,Fort
Pierce,Florida,34982.
The Planning andZoning Commission PUBLIC HEARING onthis item will be held
in the Commission Chambers,Roger Poitras Annex,3rd Floor,St.LucieCounty
on Thursday,October 21,2021 beginningat 6:00pm oras soon thereafter as
possible.The hearingmaybe continued from time to timeasmaybe necessary.
All interested persons will be given an opportunity to be heard.Public comment for
upcoming meetings can besubmitted severalways:
•Emailat publiccomment@stlucieco.org.
•Residents without Internet accesscan commentbyphone at772-462-1499 and
TDD (telecommunications device for the deaf)number at 772-462-1428.
Comments must besubmitted by noontheday prior tothemeeting.Comments
willbe distributed tothe Commission inadvanceof themeeting andincludedin
the recordprovided thecomments comply with the County’s rules.Comments
received by phone will be either played at the meetingortranscribed in written form
provided thatthecomments comply with the County’s rules.
General publiccomment islimited to threeminutesorroughly 390 words;while
commentsfor public hearing items arelimited to five minutes or roughly 750 words.
The St.Lucie County Planning and Zoning Commissionhasthe power to review and
recommend to the St.Lucie County Board of County Commissioners,for approval or
disapproval,any applicationswithin their areaof responsibility.
The proceedingsof thePlanning and ZoningCommission are electronically
recorded.PURSUANT TO Section 286.0105,Florida Statutes,if a persondecides
toappeal any decision made bythe Planningand Zoning Commission with respect
toany matter considered at a meeting or hearing,heorshe willneed a record of
the proceedings.For such purpose,he or she may need to ensure that a verbatim
recordof theproceedings is made,whichrecord includes the testimony and
evidence upon which the appeal isto bebased.Upon the request ofany party to the
proceeding,individualstestifyingduring a hearing willbe sworn in.Any partyto the
proceeding will be granted anopportunity to cross-examine any individual testifying
duringa hearing upon request.If it becomes necessary,a public hearing may be
continuedto a date-certain.
Anyone with a disability requiring accommodation to attendthis meeting should
contact Kara DePasquale,Risk Manager,at(772)462-1783,orT.D.D.(772)462-
1428,atleast forty-eight(48)hours prior to the meeting.Any questions about this
agenda may bereferred to St.Lucie County PlanningDivision at (772)462-2822.
PLANNING AND ZONINGCOMMISSION/
LOCAL PLANNINGAGENCY
ST.LUCIECOUNTY,FLORIDA
/S/JAMESTAYLOR,CHAIRMAN
PUBLISH DATE:October 9,2021 Page 16 of 51
ITEM NO.(ID # 2021-52528)
DATE:10/21/2021
AGENDA REQUEST
TO:Planning and Zoning Commission
PRESENTED BY:Jodi Nentwick, Senior Planner
SUBMITTED BY:Planning & Development Services
SUBJECT:A County initiated Text Amendment to the Land Development Code to allow an
alternative method for the subdivision of property in the AG-1 (Agricultural-1), AG-
2.5 (Agricultural-2.5) Zoning Districts. - THIS ITEM IS QUASI-JUDICIAL
BOARD MEMBER DISCLOSURES
BACKGROUND:
The County currently requires that all proposed site plan developments have paved access from a public road.
For small residential subdivisions in agricultural zoning districts, this poses a substantial challenge. The
purpose of agricultural zoning districts “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.” As a result, these land areas have narrow, unpaved rights-of-way that
were never intended to carry a significant number of vehicular trips from residential and commercial uses.
Large developments, which propose to convert significant land acreage from agricultural production to
residential use that maximizes density, can more effectively carry the costs of road paving commensurate
with the increased impact created. Smaller subdivisions of land, resulting in larger lots that could continue
agricultural operations, do not have this carrying cost capacity and do not yield considerable traffic impact.
Therefore, the staff is recommending a distinct process for such subdivisions by way of the proposed Rural
Agricultural Subdivision Development Standards.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
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 and Zoning Commission forward this petition to the
Page 17 of 51
Board of County Commissioners with a recommendation of approval.
COMMISSION ACTION:
RESULT:
MOVER:
SECONDER:None
AYES:None
NAYS:None
EXCUSED:None
Coordination/Signatures
Date: October 11, 2021
Benjamin Balcer, Planning & Development Services Assistant
Director
Date: October 11, 2021
Leslie Olson, Planning & Development Services Director
Date: October 11, 2021
Daniel McIntyre, County Attorney
Date: October 13, 2021
Mark Satterlee, Deputy County Administrator
Page 18 of 51
Planning and Development Services Department Planning Division M E M O R A N D U M
TO: Planning and Zoning Commission THROUGH: Leslie Olson, AICP, Director Benjamin Balcer, Assistant Director FROM: Jodi Nentwick, Senior Planner Kara Wood, Planning Consultant, Calvin Giordano & Assoc. DATE: September 16, 2021 SUBJECT: Text Amendment to the Land Development Code
Rural Agricultural Subdivisions The County has initiated a Text Amendment to the Land Development Code (LDC) to allow an alternative
method for the subdivision of property in the AG-1 (Agricultural-1), AG-2.5 (Agricultural-2.5), and AG-5 (Agricultural -5) Zoning Districts.
The County currently requires that all proposed site plan developments have paved access from a public road.
For small residential subdivisions in agricultural zoning districts this poses a substantial challenge. The purpose of agricultural zoning districts “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.” As a result, these land areas have narrow, unpaved rights-of-way that were never intended to carry a significant number of vehicular trips from residential and commercial uses. Large developments, which propose to convert significant land acreage from agricultural production to residential use that maximizes density, can more effectively carry the costs of road paving commensurate with the increased impact created. Smaller subdivisions of land, resulting in larger lots that could continue agriculture operations, do not have this carrying cost capacity and do not yield considerable traffic impact. Therefore, staff is recommending a distinct process for such subdivisions by way of the proposed Rural Agricultural Subdivision Development Standards.
The general function of the draft ordinance is as follows:
1. Amends Zoning Districts in Chapter 3 to add “Farmers markets and community supported agriculture (SIC 5431)” as permitted use in all agricultural zoning districts as part of a Rural Agricultural Subdivision.
2. Amends the TVC Overlay in Chapter 4 to specifically permit Rural Agricultural Subdivisions in the TVC outside the Urban Service Boundary.
3. Creates Section 7.10.27 in Chapter VII, Development Design and Improvement Standards, to include
a stated purpose, applicability and development standards for Rural Agricultural Subdivisions.
• Applies only to agricultural zoning outside the USB for a maximum subdivision of 10 lots.
• Follows the same development review process as a Minor Site Plan and Plat.
• Amends lot size and dimensional requirements from what exists for agricultural zoning districts in Chapter 7 (Table 7-10, Section 7.04.00, Area, Yard, Height and Open Space Requirements).
• Exempts RAS applications from the requirements for paved road access (Section 7.05.07) and a landscape plan (Section 7.09.04).
Page 19 of 51
Project Name: LDC Text Amendment Rural Agricultural Subdivisions
2
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 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 text amendment is internally consistent with the Land Development Code. The amendment will define and provide an alternative method of subdividing property within agricultural zoning districts.
B. Whether the proposed amendment is in conflict with all elements of the St. Lucie County Comprehensive Plan;
The proposed amendments are consistent with Future Land Use Element Objective 1.1.3 in its intent to support small agricultural operations in concert with residential uses by allowing an easier process outside the USB (Urban Service Boundary) to subdivide land into lots larger than what is currently permitted as a maximum density. Increased standards for lot widths and setbacks also help to prevent adverse impacts of agriculture operations upon nearby residences as referenced in Policy 1.1.3.6. Objective 1.1.4 directs the County to amend the Land Development Code as needed to support such policies. Urban sprawl is mitigated
through the limitations of the Rural Agricultural Subdivision to land outside the USB and requires that such “development be designed and planned in a manner which does not place an economic burden upon the services and facilities of St. Lucie St. Lucie County.” The proposed Rural Agricultural Subdivision further supports the Comprehensive Plan by complementing the “sustainable model development” in the TVC area to “preserve the rural character” and “encourage[s] opportunities for continued agriculture.” Following are relevant referenced Goals, Objectives and Policies:
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 1.1.3: 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 1.1.3.6 - Provide adequate buffering and/or setbacks between agriculture and non-agricultural uses to protect such agricultural uses from adverse impacts associated with
encroachment of non-agricultural development or creation of nuisances by agricultural operations, with the use of Agricultural Best Management Practices.
Objective 1.1.4: 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.
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Project Name: LDC Text Amendment Rural Agricultural Subdivisions
3
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 1.1.5.2 - 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 St. Lucie County. 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.
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.
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;
• 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.
C. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses;
The proposed Text Amendment is not inconsistent with existing or proposed land uses. The intent is to allow limited continued subdivision of land reflective of a pattern of land and uses that already exists.
D. Whether there have been changed conditions that require an amendment;
The proposed ordinance seeks to address continued requests for landowners to implement small-scale subdivision of land for large residential lots that can accommodate agricultural uses in agricultural zoning districts outside the USB.
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;
The proposed Text Amendment will not result in additional demands on public facilities, especially as compared to what is currently possible if residential density is maximized in the effected areas. Only development of 10 lots or less that is considered to be a small traffic generator is eligible to subdivide under
the Rural Agricultural Subdivision standards. No impacts would be created that would effect other referenced public facilities beyond transportation.
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.
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Project Name: LDC Text Amendment Rural Agricultural Subdivisions
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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. On
the contrary, the ability to more easily subdivide less than 10 lots without having to provide paved roadway access would likely support agricultural 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 ordinance does not propose or result in an amendment to the Official Zoning Atlas and will maintain an orderly and logical development pattern. Lot size, density, dimensional requirements and
setbacks for the Rural Agricultural Subdivision will more closely mimic the existing pattern and support the joint use of residential and agricultural uses within the same subdivision.
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. Based on discussions with rural property owners and their representatives, there is a
strong interest in such rural subdivisions in the agricultural areas of St. Lucie County.
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 and Zoning Commission forward this petition to the Board of County Commissioners with a recommendation of approval.
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ORDINANCE No.
File No. TLDC-XXXXX
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND
DEVELOPMENT CODE REGARDING RURAL AGRICULTURAL SUBDIVISION
DEVELOPMENT STANDARDS BY AMENDING SECTION 3.01.03 ZONING
DISTRICTS; BY CREATING SECTION 7.10.36 RURAL AGRICULTURAL
SUBDIVSION SUPPLEMENTAL STANDARDS; BY AMENDING SECTION
8.00.00 ACCESSORY USES AND STRUCTURES CREATING A NEW SECTION
TO AGRICULTURAL SUBDIVISIONS AS AN ACCESSORY USE WITH
LOCATION AND DIMENSIONAL STANDARDS WITHIN THE AGRICULTURAL
AND SECTION 4.04.00 TVC-OVERLAY ZONE (TOWNS, VILLAGES) ZONING
DISTRICTS, PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING
WITH THE DEPARTMENT OF STATE; PROVIDING FOR 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 not limited to the staff report, has made the following determinations: 1. On August 1, 1990, the Board of County County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and,
3. This Board is authorized by Section 125.01(1)(t), Florida 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.
4. On September 16, 2021, the Local Planning Agency Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing due notice in the St.
Lucie News Tribune and recommended that the proposed ordinance be forwarded with a recommendation for approval. 5. On _______________, 2021, this Board held the first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 6. On _______________, 2021, this Board held its second public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 7. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives, and standards of the St. Lucie
County Comprehensive Plan, are internally consistent with the remainder of the Land
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Ordinance No. 2021-XX Rural Agricultural Subdivision Development Standards Page 2 Development Code and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida:
PART A.
The specific amendments to the St. Lucie County Land Development Code to read as follows in strikethrough and underline format: CHAPTER III 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 "( )" 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. (No changes to this section.)
3. Lot Size Requirements. (No changes to this section.)
4. Dimensional Regulations. (No changes to this section.)
5. Off-Street Parking and Loading Requirements. (No changes to this section.)
6. Landscaping Requirements. (No changes to this section.)
7. Conditional Uses. (No changes to this section.)
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.
f. Farmers markets and community supported agriculture subject to the requirements of
Section 7.10.36. (5431)
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
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Ordinance No. 2021-XX Rural Agricultural Subdivision Development Standards Page 3 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. (No changes to this section.)
3. Lot Size Requirements. (No changes to this section.)
4. Dimensional Regulations. (No changes to this section.)
5. Off-Street Parking and Loading Requirements. (No changes to this section.)
6. Landscaping Requirements. (No changes to this section.)
7. Conditional Uses. (No changes to this section.)
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.
f. Farmers markets and community supported agriculture subject to the requirements of Section 7.10.36. (5431)
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. (No changes to this section.)
3. Lot Size Requirements. (No changes to this section.)
4. Dimensional Regulations. (No changes to this section.)
5. Off-Street Parking and Loading Requirements. (No changes to this section.)
6. Landscaping Requirements. (No changes to this section.)
7. Conditional Uses. (No changes to this section.)
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Ordinance No. 2021-XX Rural Agricultural Subdivision Development Standards Page 4 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.
f. Farmers markets and community supported agriculture subject to the requirements of Section 7.10.36. (5431)
CHAPTER IV – SPECIAL DISTRICTS
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.
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. Alternately, land of less than 50
acres may be subdivided according to the Rural Agricultural Subdivision standards in
Section 7.10.36. Upon approval of either of these options, 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.
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Ordinance No. 2021-XX Rural Agricultural Subdivision Development Standards Page 5 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.
(Sections C through E, no changes)
CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.00.00. General Provisions.
7.10.00. Supplemental Standards. Section 7.10.00 is hereby amended to create a new Section 7.10.36. “Rural Agriculture
Subdivision” as follows: Section 7.10.36 – Rural Agricultural Subdivisions (RAS)
A. Purpose. The Agricultural Subdivision development standards are intended to provide a
process for subdividing land for small-scale agricultural use while allowing standards for
subdivision into large single-family lots below the permitted density of the Agricultural zoning
district. The Rural Agricultural Subdivision is intended to:
1. Protect, preserve and promote the consistent development of small agricultural
farms,
2. Preserve the historic rural character in western St. Lucie County,
3. Support local produce and farm-to-table opportunities,
4. Facilitate local agriculture in supporting the food system supply chain, and
5. Support a healthy, diversified local economy.
B. Applicability.
Rural Agricultural Subdivisions (RAS) are permitted only on land zoned AG-1 (Agricultural – 1),
AG-2.5 (Agricultural – 2.5) and AG-5 (Agricultural 5) outside the USB. To remain under the
threshold of a small traffic generator, applications for RAS are limited to a maximum of 10 lots.
C. Development standards
The intent of the RAS is, in part, to increase the amount of land available for small farm uses and
production. The following development standards would provide for individual, privately-owned
residential lots of sufficient size to accommodate small farming operations on site.
LOT SIZE AND DIMENSIONAL REQUIREMENTS
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Ordinance No. 2021-XX Rural Agricultural Subdivision Development Standards Page 6
Zoning
District
Maximum
Gross
Density
(Du/Ac)
(a)
Maximum
Develop-
ment Area
Minimum
Lot Size
Min. Lot
Width (feet)
Min.
Road
Frontage
(feet)
Minimum Yard
Max.
Height
(feet)
Max. Lot
Coverage
by Bldgs. Front
(feet)
Rear
(feet)
Side
(feet)
AG-1
(AGRICULT
URAL – 1)
1
0.2 50 acres 43,560 SF
5 acres
150
200
60
100 50 30 20
50 80 20%
AG-2.5
(AGRICULT
URAL - 2.5)
0.4
0.1 100 acres 108,900 SF
10 acres
150
300
60
100 50 30 20
50 80 15%
AG-5
(AGRICULTURAL – 5)
0.2
0.05 N/A 217,800 SF
15 acres
150
400
60
200 50 30 20
50 80 10%
1. Additional standards and exemptions:
a. Paving exemption: RAS applications are exempt from the requirements of Section
7.05.07 regarding paved road access. Access drives must be under the establishment
of a property owners association to control access and maintenance and is provided
for on the plat. Paving surface is subject to approval by the County Engineer.
b. Landscape plan exemption: RAS applications are exempt from the requirements of
Section 7.09.04, General Landscaping Requirements and associated submittal
requirements identified in 11.02.09, Submittals for Minor and Major Site Plans. An
Environmental Impact Report, or EIR waiver from the Environmental Resources
Director, is required including tree mitigation requirements per Section 6.00.05.D.
Landscape standards for single-family home construction apply upon submittal for a
building permit.
c. Approval procedure: The RAS is processed as a Minor Site Plan followed by a plat.
Upon RAS approval, no further subdivision of land may occur without full compliance
with all sections of the Land Development Code through a Major Site Plan and re-plat
application process and adoption of an MSBU to finance all applicable infrastructure
meeting County standards.
d. Minimum lot width: RAS applications must meet increased minimum lot width
standards for residential lots to accommodate agricultural uses that minimize impacts
to location of homes.
e. Open Space: Any Common Open Space identified in the site plan must be dedicated to and managed by a property owners association. In addition to serving as a general
amenity for the residential community, such spaces may be used for a farmer’s market or community supported agriculture operation for the sale and distribution of products grown on site.
D. Authorized Uses. The same uses are authorized as identified in the Agricultural-1,
Agricultural-2.5 and Agricultural-5 zoning districts.
CHAPTER VIII ACCESSORY AND TEMPORARY STRUCTURES AND USES. 8.00.00. Accessory uses and structures are hereby amended to create:
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Ordinance No. 2021-XX Rural Agricultural Subdivision Development Standards Page 7 8.00.03. - Particular Permitted Accessory Structure and Uses in Residential, Agricultural, and Planned Unit Development Districts. N. Rural Agricultural Subdivisions (RAS) subject to the requirements of Section 7.10.36.
PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chris Dzadowsky, Chair ______
SeanMitchell, Vice Chair ______
Linda Bartz, Commissioner ______
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Ordinance No. 2021-XX Rural Agricultural Subdivision Development Standards Page 8 Frannie Hutchinson, Commissioner ______ Cathy Townsend, Commissioner ______ PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Complied
Laws, and the word “ordinance” may be changed to “section”, “article”, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified.
PASSED AND DULY ENACTED this ___ day of __________, 2021.
Attest: Board of County Commissioners St. Lucie County, Florida By: Deputy Clerk Chair
Approved As To Form and Correctness:
By: County Attorney
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Form 11-05 BOCC Display Ad-No Map
ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY PUBLIC HEARING AGENDA Thursday, October 21, 2021
NOTICE OF LAND DEVELOPMENT CODE TEXT AMENDMENT
The St. Lucie County Planning and Zoning Commission is scheduled to review and make a recommendation regarding the following petition by the applicant for adoption by the Board of County Commissioners of St. Luce County, Florida, by
Ordinance: ORDINANCE NO. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND
DEVELOPMENT CODE REGARDING RURAL AGRICULTURAL SUBDIVISION DEVELOPMENT STANDARDS BY AMENDING SECTION 3.01.03 ZONING DISTRICTS; BY CREATING SECTION 7.10.36 RURAL AGRICULTURAL SUBDIVSION SUPPLEMENTAL STANDARDS; BY AMENDING SECTION 8.00.00 ACCESSORY USES AND STRUCTURES
CREATING A NEW SECTION TO AGRICULTURAL SUBDIVISIONS AS AN ACCESSORY USE WITH LOCATION AND DIMENSIONAL STANDARDS WITHIN THE AG-1 (AGRICULTURAL-1), AG-2.5 (AGRICUTURAL-2.5), AG-5 (AGRICULTURAL-5); AND SECTION 4.04.00 TVC-OVERLAY ZONE (TOWNS, VILLAGES, COUNTRYSIDE)
ZONING DISTRICTS, PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION.
PURPOSE: The County initiated Text Amendment to the Land Development Code to allow an alternative method for the subdivision with the Agricultural and TVC Overlay Zoning Districts.
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, FL on Thursday, October 21, 2021, 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 three days prior to the meeting. 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
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Form 11-05 BOCC Display Ad-No Map
review at the Planning and Development Services Department offices located at 2300 Virginia Avenue, 2nd Floor, 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.
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/ JAMES TAYLOR, CHAIRMAN PUBLISH DATE: Sunday, October 10, 2021
18 pt type for heading No smaller than 2 column inches wide by 10 inches long Send Proof to: St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982
Phone - (772) 462-2822 Fax - (772) 462-1581 Send Bill to: St. Lucie County Planning and Development Services Department
2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-2822 Fax - (772) 462-1581
Page 32 of 51
Form 11-05 BOCC Display Ad-No Map
Page 33 of 51
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)
j. Riding stables. (7999)
k. Single-family detached dwellings. (999)
l. Telecommunication towers - subject to the standards of Section 7.10.23. (999)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance with 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. Gasoline service stations. (5541)
g. Industrial wastewater disposal. (999)
h. Manufacturing:
(1) Agricultural chemicals. (287)
Page 34 of 51
(2) Food and kindred products. (20)
(3) Lumber and wood products, except furniture. (24)
i. Mining and quarrying of nonmetallic minerals, except fuels. (14)
j. Retail trade:
(1) Farm equipment and related accessories. (999)
(2) Apparel and accessory stores. (56)
k. Sewage disposal subject to the requirements of Section 7.10.13. (999)
l. Camps - sporting and recreational. (7032)
m. Off-road vehicle parks, except go-cart raceway operation or rentals (7999), subject to the
requirements of Section 7.10.21. (999)
n. 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. Solar generation station subject to the requirements of Section 7.10.28. (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)
Page 35 of 51
PUBLIC HEARING – 9-B
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 PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS APPROVE THE PROPOSED TEXT AMENDMENT TO
THE LAND DEVELOPMENT CODE SECTION 3.01.03 ZONING DISTRICTS BY CREATING
SECTION 7.10.36 RURAL AGRICULTURAL SUDIVSION SUPPLEMENTAL STANDARDS AS AN
ACCESSORY USE, 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 PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS DENY THE PROPOSED TEXT AMENDMENT TO THE
LAND DEVELOPMENT CODE SECTION 3.01.03 ZONING DISTRICTS BY CREATING SECTION
7.10.36 RURAL AGRICULTURAL SUDIVSION SUPPLEMENTAL STANDARDS AS AN
ACCESSORY USE, BECAUSE...
[CITE REASONS WHY - PLEASE BE SPECIFIC]
Page 36 of 51
ITEM NO.(ID # 2021-52537)
DATE:10/21/2021
AGENDA REQUEST
TO:Planning and Zoning Commission
PRESENTED BY:Monica Graziani, Building & Code Regulation Manager
SUBMITTED BY:Planning & Development Services
SUBJECT:A County initiated Text Amendment to the Land Development Code to establish
requirements for a Stormwater Grading Plan for Single-Family and Duplex Infill
Development.- THIS ITEM IS QUASI-JUDICIAL
BOARD MEMBER DISCLOSURES
BACKGROUND:
The purpose of this text amendment to the Land Development Code, Chapter VII, Development Design and
Improvement Standards, Section 7.04.01 D.3 Area, Yard, Height, and Open Space Requirements, Filled Lands,
is to establish requirements for a stormwater grading plan for single-family and duplex infill development.
Currently, applicants for infill development execute a Filled Lands Affidavit stating the owner shall be
responsible for assuring adequate drainage so that the immediate community will not be adversely affected.
Infill development in the older established neighborhoods is built at a higher elevation than the older
adjacent homes. The runoff from the infill lot impacts the adjacent properties. Complaints from citizens are a
constant challenge for staff because there are no stormwater design standards. The staff coordinated with
the Treasure Coast Builder's Association, and the County's Public Works Director, Don West, on the proposed
text amendment, and both had no objections.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
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 and Zoning Commission forward this petition to the
Board of County Commissioners with a recommendation of approval.
COMMISSION ACTION:
Page 37 of 51
RESULT:
MOVER:
SECONDER:None
AYES:None
NAYS:None
EXCUSED:None
Coordination/Signatures
Date: October 15, 2021
Daniel McIntyre, County Attorney
Date: October 15, 2021
Mark Satterlee, Deputy County
Administrator
Page 38 of 51
Planning and Development
Services Department
Building & Code Regulation Division
M E M O R A N D U M
TO:Planning and Zoning Commission
THROUGH:Leslie Olson, AICP, Director
Benjamin Balcer, AICP, Assistant Director
FROM:Monica Graziani, Building & Code Regulation Manager, Code Compliance,
Planning & Development Services
DATE:October 12, 2021
SUBJECT:Staff Initiated Text Amendment to the Land Development Code Chapter
7.04.01.D.3. – Area, Yard, Height, and Open Space Requirement, Filled Lands
(TLDC-8202126114)
The purpose of this staff-initiated text amendment is to address the challenging issue of stormwater runoff
from infill development—the text amendment to the Land Development Code, Chapter 7.04.01.D.3. – Area,
Yard, Height, and Open Space Requirement, Filled Lands, is to establish requirements for a stormwater
grading plan for single-family and duplex infill development.
BACKGROUND
The staff routinely receives complaints from citizens about new homes constructed on infill lots built at
much higher elevations. Infill housing is building a new house in an established older neighborhood on a
vacant lot. The parcel may have always been undeveloped, or an older home demolished. This type of
development causes flooding issues on the neighboring properties. The developer of an infill project must
consider the elevation of the existing adjacent properties to ensure that the new construction does not affect
them.
The current permitting process requires an applicant building a new home to execute a Filled Lands
Affidavit. The Affidavit states the owner shall be responsible for assuring adequate drainage so that the
immediate community will not be adversely affected. However, there are no design standards or guidelines
to ensure the stormwater runoff doesn't flow onto the adjacent properties. The lack of design standards
creates challenges for staff. There are inconsistencies in how to address the stormwater runoff and no
enforcement mechanism. This text amendment is a reasonable effort to reduce the impacts of stormwater
runoff onto adjacent properties.
There are many ways to address stormwater runoff; however, to keep it simple, the staff proposes using a
swale to manage the stormwater runoff. A swale is like a gentle ditch that is one foot wide or more in
width. It is pitched so that the water will travel from the higher elevations to lower points. It seems logical
to design the swale around the house along the rear lot line and both sides of the parcel to the roadside swale
or other approved outfall.
The Board of County Commissioners supports the staff's effort to address this challenging issue. However,
there should be no increase in the cost of building a new home in the County. Also, the Treasure Coast
Page 39 of 51
Project Name: LDC Text Amendment
(7.04.01 D.3-Filled Lands Affidavit)
File No.: TLDC-8202126114
2
Builders Association reviewed the proposed text amendment and offered no objections; and the County
Public Work's Director, Mr. Don West, has reviewed and supported the amendment.
The proposed text amendment provides a mathematical formula that the homeowner or builder can use to
do the calculation themselves without the aid of an engineer to determine the size of the drainage swale. A
homeowner with a typical 7500 square foot lot (75’ x 100’) would be required to construct a drainage swale
8 inches in depth and 1 foot in width.
The proposed amendment provides standards to capture the stormwater runoff. Below are highlights of the
proposed standards:
1. Limit the amount of fill placed on a site
2. The finished floor shall be no greater than three feet above the crown of the road.
3. The plan shall include roof drainage.
4. The stormwater grading plan shall provide a swale design along the lot's perimeter, rear to front
drainage flow.
5. Swales shall be no greater than 1 or 2 feet in width.
6. Swales must be maintained.
7. An approved final inspection of the stormwater grading plan is required for a certificate of
occupancy.
Page 40 of 51
Project Name: LDC Text Amendment
(7.04.01 D.3-Filled Lands Affidavit)
File No.: TLDC-8202126114
3
According to St. Lucie County Land Development Code Section 11.06.03, the following standards are met,
and 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 text amendment is consistent with the Land Development Code and has met the review
standards in Section 11.06.03. The proposed text amendment would establish stormwater grading
standards for single-family and duplex infill development.
B. Whether the proposed amendment is in conflict with any elements of the St. Lucie County
Comprehensive Plan.
The proposed text amendment is consistent with all elements of 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 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.
Policy 1.1.4.1 – Regulate areas subject to seasonal and periodic flooding and provide drainage and
stormwater management.
C. Whether and the extent to which the proposed amendment is inconsistent with the existing and
proposed land uses.
The proposed text amendment is not inconsistent with existing or proposed land uses. The ordinance
intends to establish stormwater standards for single-family and duplex infill development to reduce
runoff impacts to adjacent properties.
D. Whether there have been changed conditions that require an amendment.
The proposed amendment seeks to reduce adverse impacts to adjacent properties from infill
development. The is not a new issue. As infill development continues in the County, excessive fill on
infill parcel, and changing weather patterns, it is necessary to establish design standards to help reduce
runoff impacts.
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.
The proposed text amendment will not result in additional demands on public facilities. The amendment
addresses site-specific, infill development of single-family and duplex lots to provide swales to retain
runoff from the increased impervious surface on the parcel.
Page 41 of 51
Project Name: LDC Text Amendment
(7.04.01 D.3-Filled Lands Affidavit)
File No.: TLDC-8202126114
4
F. Whether and the extent to which the proposed amendment would result in significant adverse
impacts on the natural environment.
All development activities are required to adhere to the current environmental resource protection
standards of review.
G. Whether and the extent to which the proposed amendment would adversely affect the property
values in the area.
The proposed amendment would not adversely affect the property value in the area.
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 amendment to reduce stormwater runoff to adjacent properties would not impact
development patterns.
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 the proposed text amendment to meet the standards of review as outlined 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 and Zoning Commission forward this amendment to the Board of County
Commissioners with a recommendation of approval.
Page 42 of 51
Ordinance No.
LDC Text Amendment
File No. TLDC-8202126114
Page 1 of 7
ORDINANCE No.
FILE NO.: TLDC-8202126114
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND
DEVELOPMENT CODE, CHAPTER VII, DEVELOPMENT DESIGN AND
IMPROVEMENT STANDARDS, SECTION 7.04.01.D.3. – AREA, YARD,
HEIGHT, AND OPEN SPACE REQUIREMENT, FILLED LANDS; TO
ESTABLISH REQUIREMENTS FOR A STORMWATER GRADING PLAN FOR
SINGLE-FAMILY AND DUPLEX INFILL DEVELOPMENT THAT DOES NOT
HAVE AN APPROVED MASTER DRAINAGE PERMIT FROM THE WATER
MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PROVIDING SIMPLE
DESIGN STANDARDS; PROVIDING FOR PERPETUAL MAINTENANCE OF
THE STORMWATER CONVEYANCE SYSTEM; PROVIDING COMPLIANCE
BEFORE THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY; 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 CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board)
recognizes that land development permanently alters how stormwater flows across a
site due to grading, compaction, and the installation of impervious materials; and
impervious areas increase the amount of rainwater runoff and may cause flooding; and
WHEREAS, new infill single-family and duplex development shall be responsible to
protect adjacent properties from adverse impacts to due uncontrolled runoff and make
sure there is adequate stormwater conveyance system so that the adjacent neighbors
will not be adversely affected; and,
WHEREAS, the St. Lucie County Land Development Code currently requires all
permittees to execute a Filled Lands Affidavit assuring adequate drainage so that the
immediate community will not be adversely affected; and
WHEREAS, the St. Lucie County Land Development Code does not currently provide
stormwater design standards for single-family and duplex infill development; and
WHEREAS, many communities along the Treasure Coast and elsewhere have
stormwater standards for single-family and duplex infill development to minimize runoff
to adjacent properties; and
Page 43 of 51
Ordinance No.
LDC Text Amendment
File No. TLDC-8202126114
Page 2 of 7
WHEREAS, the County acknowledges these regulations will not solve all stormwater-
related issues; however, this is a reasonable effort to reduce the impacts of stormwater
runoff from single-family and duplex infill development on adjacent properties; and
WHEREAS, the Board of County Commissioners desires to implement a simple method
to calculate the swale flow area, including standards for a stormwater lot grading plan
for infill single-family and duplex development, subject to the terms and conditions of
this Ordinance.
WHEREAS, on October 21, 2021, the Local Planning Agency/Planning and Zoning
Commission held a public hearing on the proposed Ordinance after publishing due
notice in the St. Lucie News Tribune and recommended the proposed Ordinance be
forwarded with a recommendation for approval.
WHEREAS, on 2021, this Board held the first public hearing on the proposed
Ordinance after publishing due notice in the St. Lucie News Tribune.
WHEREAS, on __________, this Board held its second public hearing on the proposed
Ordinance, after publishing due notice in the St. Lucie News Tribune.
WHEREAS, The proposed amendment to the St. Lucie County Land Development Code
is consistent with the general purpose, goals, objectives, and standards of the St. Lucie
County Comprehensive Plan, are internally consistent with the remainder of the Land
Development Code, and are in the best interest of the health, safety and public welfare
of the citizens of St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St.
Lucie County, Florida:
PART A. INCORPORATION OF RECITALS. The above recitals are incorporated
herein by reference and form an integral part of the Ordinance.
PART B. SHORT TITLE. This Ordinance shall be known and referred to as the Infill
Development Stormwater Plan.
PART C. INTENT AND PURPOSE. The intent and purpose of this Ordinance is to
create simplified design stormwater standards for infill single-family and duplex
development.
PART D. CHAPTER 7.04.01.D.3. – AREA, YARD, HEIGHT, AND OPEN SPACE
REQUIREMENT, FILLED LANDS.
Page 44 of 51
Ordinance No.
LDC Text Amendment
File No. TLDC-8202126114
Page 3 of 7
7.04.01.D.3. – Filled Lands.
Where fill is used, the owners of the property on which the fill is being located shall be
responsible for assuring adequate drainage so that the immediate community will not be
adversely affected. All permittees are required to execute a Filled Lands Affidavit with an
application for a building permit. The Affidavit shall include an acknowledgment to retain
an engineer or other design professional if the stormwater grading plan fails and that the
applicant agrees to hold St. Lucie County harmless for any future drainage rework that
may be required as a result.
A. Requirements for Stormwater Grading Plan for Single-Family and Duplex Infill
Development
This section uses simple design standards to avoid the necessity of complex engineering
calculations and analysis. The applicant may, however, choose to retain the services of
an engineer at their expense.
1. Purpose
This section provides stormwater runoff standards for infill residential development
within the unincorporated County to protect existing structures from adverse impacts
of uncontrolled runoff from infill construction.
2. Definitions
Infill Lot Development means developing parcels within areas without a master
drainage plan for redeveloped or developed parcels.
Lot means a tract, plot, or portion of land intended as a unit for immediate or future
use, transfer of ownership, or building development.
Grading Plan means a plan that delineates the shaping and grading of the land to
direct surface runoff away from the structure and towards a swale or other stormwater
conveyance system.
Slope means a surface that rises at an angle; slope is the measure of the steepness
of a line.
Stormwater means any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation and resulting from such rain.
Swale means a valley-like section of two slopes on a piece of land or a low place on a
piece of land that is often wet with stormwater
Page 45 of 51
Ordinance No.
LDC Text Amendment
File No. TLDC-8202126114
Page 4 of 7
3. Applicability
The provisions of this section shall apply to development within the unincorporated
county boundaries for lots being developed that do not have an approved stormwater
management plan. The development must be designed to minimize directed runoff to
an adjacent property. Additions or accessory structures less than 300 square feet
from this code provision have a one-time exemption from this section.
4. Requirements.
All applicants that propose to develop infill property shall:
a. Submit a topographic survey that identifies existing conditions within
and adjacent to the lot, including the finish floor elevation of any
adjacent structures. The survey shall include a minimum of four (4)
elevations along each property line to include the corners of the lot.
The survey shall have been completed within six (6) months of building
permit submittal.
b. Submit a stormwater grading plan specifying the elevations as noted in
‘a’ above, lot type, swale locations, spot elevations, elevation of the top
of proposed swale and bottom, flow direction arrows, side slope of 4 to
1, north scale, floor area calculation, a yard basin if applicable,
retaining wall details, if applicable, and an explanation of why it is
complying with the following:
c. Limit the amount of fill on the lot; it shall be the minimum necessary for
the construction of the building.
d. Note foundation construction methods.
e. Limit the finished floor elevation of the ground floor to be no more
than three (3) feet above the crown of the road unless required by the
Florida Building Code or the State of Florida Health Department.
1. Pumps for on-site sewage disposal systems (septic tank and
drain fields) may be required if a gravity drain field causes the
finished floor elevation to be higher than specified in 4 (e).
f. Limit the maximum slope of fill on a lot to not exceed 4:1.
g. If the stormwater plan includes roof drainage provisions such as gutters
and splash pads/downspouts, the runoff away shall be directed away
from the adjacent lot toward the stormwater conveyance system.
Page 46 of 51
Ordinance No.
LDC Text Amendment
File No. TLDC-8202126114
Page 5 of 7
h. Construct swale along the back property line of the lot with a high
point in the middle of the swale along the rear lot line. The swale shall
slope from the high point to the side lot lines on both sides and
continue to the front property line roadside swale or other
approved outfall. Swales shall be no greater than 2 feet in width unless
otherwise approved. See Section 5 Swale Flow Area Ratio Value Table.
If an alternate method of design is proposed, the applicant has the
option to provide an engineered plan.
1. When conditions are extreme, and there is a need for an
additional type of conveyance system, the applicant may
consider retaining walls or yard drains to aid in directing runoff
to the conveyance system. A retaining wall design shall require
an engineer or architect.
i. Sod all swales to prevent erosion unless used as a rain garden.
j. Convey off-site runoff that flows to or through the lot to the adjacent roadside
or other approved outfall. New construction shall not block this flow.
k. Encourage alternative stormwater designs, (such as bio-swales/rain gardens)
to prevent runoff to adjacent property.
5. Swale Flow Area
Any applicant may use the simple method of determining adequate flow area using
the below Table:
Step 1. Determine water flow patterns on the project site and outfall (where the
flow exits the property).
Step 2. Determine water flow area size by calculating the width and length of the
affected site.
Step 3. Using the table below, determine the swale flow area by finding the
impervious area of building footprint in the first column and reading to
the right until reaching the column of water flow area size from
step 2 above.
Step 4. Using the Table below, Values between the Rows and Columns, and how to
chose the swale flow area ratio value of the next Row and Column in the Table.
Step 5. The following equation can calculate the dimensions of the swale flow area:
Page 47 of 51
Ordinance No.
LDC Text Amendment
File No. TLDC-8202126114
Page 6 of 7
Swale Depth = (Swale Flow Area Ratio from Steps 3 or 4) x 2.0 x (width of swale = 1.0)
(Where the width of the swale of equal to 1.0 feet by default and can be pre-determined depending
on property conditions and setbacks.)
6. Maintenance
Perpetual maintenance of the stormwater conveyance system shall be the
responsibility of the owner of the improved property. The maintenance includes the
routine mowing any growth of grass, weeds, flora, or underbrush within the swale area
to a height of eight inches or less; removing trash, debris, or litter; and removing any
obstructions that impede stormwater drainage.
7. Compliance
A final stormwater inspection shall be performed for compliance with the approved
stormwater grading plan prior to the issuance of a Certificate of Occupancy.
PART E. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie
County, County ordinances and County resolutions, or parts thereof, in conflict with this
Ordinance are hereby superseded by this Ordinance to the extent of such conflict.
PART F. SEVERABILITY.
If any portion of this Ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this Ordinance. If this
Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
Page 48 of 51
Ordinance No.
LDC Text Amendment
File No. TLDC-8202126114
Page 7 of 7
PART G. APPLICABILITY OF ORDINANCE.
This Ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART H. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau
of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida
32304.
PART I. EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Department of State.
PART J. ADOPTION.
After motion and second, the vote on this Ordinance was as follows:
Chris Dzadovsky, , Chair XXX
Sean Mitchell Vice-Chair XXX
Linda Bartz, Commissioner XXX
Frannie Hutchinson, Commissioner XXX
Cathy Townsend, Commissioner XXX
PART K. CODIFICATION.
Provisions of this Ordinance shall be incorporated in the St. Lucie County Code and Compiled
Laws, 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; provided, however, that Parts B through H shall not be codified.
PASSED AND DULY ENACTED this ____ day of ___________, 2021.
Attest: Board of County Commissioners St. Lucie County, Florida
By:
Deputy Clerk Chair
Approved As To Form and
Correctness:
By:
County Attorney
Page 49 of 51
ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCYPUBLIC HEARING AGENDAThursday, October 21, 2021
NOTICE OF LAND DEVELOPMENT CODE TEXT AMENDMENT
The St. Lucie County Planning and Zoning Commission is scheduled to review and make a recommendation regarding the following petition by the applicant for adoption by the Board of County Commissioners of St. Luce County, Florida, by Ordinance:
ORDINANCE NO.FILE NO: TLDC-8202126114
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF THE ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, CHAPTER VII, DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS, SECTION 7.04.01.D.3. – AREA, YARD, HEIGHT, AND OPEN SPACE REQUIREMENT, FILLED LANDS; TO ESTABLISH REQUIREMENTS FOR A STORMWATER GRADING PLAN FOR SINGLE-FAMILY AND DUPLEX INFILL DEVELOPMENT THAT DOES NOT HAVE AN APPROVED WATER MANAGEMENT DISTRICT MASTER DRAINAGE PERMIT; PROVIDING SIMPLIFIED DESIGN STANDARDS MORE APPLICABLE TO ASSIST THE HOMEOWNER/BUILDER; DETAILING STORMWATER GRADING STANDARDS FOR INFILL LOT DEVELOPMENT; PROVIDING FOR PERPETUAL MAINTENANCE OF THE STORMWATER CONVEYANCE SYSTEM; PROVIDING COMPLIANCE BEFORE THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY; 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 CODIFICATION.
FILE NUMBER: TLDC-8202126114
PURPOSE: A County initiated Text Amendment to the Land Development Code to establish requirements for a stormwater grading plan for single-family and duplex infill development.
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, FL on Thursday, October 21, 2021, beginning at 6:00 pm or as soon after that 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 three days prior to the meeting. 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 offices located at 2300 Virginia Avenue, 2nd Floor, 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.
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 AGENCYST. LUCIE COUNTY, FLORIDA/S/ JAMES TAYLOR, CHAIRMAN PUBLISH DATE: Sunday, October 10, 2021 Page 50 of 51
PUBLIC HEARING – 9-B
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 PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS APPROVE THE PROPOSED TEXT AMENDMENT TO
THE LAND DEVELOPMENT CODE SECTION 7.04.01.D.3. – AREA, YARD, HEIGHT AND OPEN
SPACE REQURIEMENT, FILLED LANDS; TO ESTABLISH REQUIREMENTS FOR STORMWATER
GRADING PLAN FOR SINGLE-FAMILY AND DUPLEX INFILL DEVELOPMENT, 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 PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS DENY THE PROPOSED TEXT AMENDMENT TO THE
LAND DEVELOPMENT CODE SECTION, 7.04.01.D.3. – AREA, YARD, HEIGHT AND OPEN
SPACE REQURIEMENT, FILLED LANDS; TO ESTABLISH REQUIREMENTS FOR STORMWATER
GRADING PLAN FOR SINGLE-FAMILY AND DUPLEX INFILL DEVELOPMENT, BECAUSE...
[CITE REASONS WHY - PLEASE BE SPECIFIC]
Page 51 of 51