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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 Page 1 of 51 Regular Meeting Thursday, October 21, 2021 6:00 PM 2 | P a g e WELCOME Please turn off all cellular phones and pagers prior to entering the Commission Chambers. Please note that the Planning and Zoning Commission/Local Planning Agency serves in an advisory capacity to the St. Lucie County Board of County Commissioners and has the power to review and make recommendations to the Board, for approval or disapproval, on any applications within their area of responsibility. The Planning and Zoning Commission strongly encourages your input and comment at the public hearing. Please limit comments to three minutes if possible and be respectful of others’ opinions. For public convenience, all meetings are televised and are provided with wireless internet access. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the Human Resources Department at (772) 462-1546, HumanResources@stlucieco.org or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Page 2 of 51 Regular Meeting Thursday, October 21, 2021 6:00 PM 3 | P a g e 1.CALL TO ORDER 2.PLEDGE OF ALLEGIANCE 3.INVOCATION 4.ROLL CALL 5.ANNOUNCEMENTS 6.DISCLOSURE(S) 7.MINUTES A.St. Lucie County Planning & Zoning Commission minutes for the meeting of 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 Page 3 of 51 Regular Meeting Thursday, October 21, 2021 6:00 PM 4 | P a g e 10.WORKSHOPS 11.OTHER BUSINESS 12.ADJOURN Page 4 of 51 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. Page 5 of 51 Planning & Zoning Commission Meeting Thursday, September 16, 2021 6:00 PM 2 | P a g e 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: Page 6 of 51 Planning & Zoning Commission Meeting Thursday, September 16, 2021 6:00 PM 3 | P a g e 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: Page 7 of 51 Planning & Zoning Commission Meeting Thursday, September 16, 2021 6:00 PM 4 | P a g e 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 Page 9 of 51 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. Page 11 of 51 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. Page 12 of 51 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. Page 13 of 51 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. Page 20 of 51 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. Page 21 of 51 Project Name: LDC Text Amendment Rural Agricultural Subdivisions 4 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. Page 22 of 51 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 Page 23 of 51 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 Page 24 of 51 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.) Page 25 of 51 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. Page 26 of 51 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 Page 27 of 51 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: Page 28 of 51 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 ______ Page 29 of 51 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 Page 30 of 51 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 Page 31 of 51 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