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HomeMy WebLinkAboutAgenda Packet 11.19.2020PLANNING & ZONING COMMISSION AGENDA ST. LUCIE COUNTY Regular Meeting Thursday, November 19, 2020 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL  34982 BOARD MEMBERS CHAIRMAN WILLIAM O’DELL VICE‐CHAIRMAN JAMES TAYLOR BOARD MEMBER CRAIG MUNDT BOARD MEMBER  VALERIE SLACK BOARD MEMBER CRAIG BRIDGERS BOARD MEMBER ED LOUNDS AT‐LARGE BOARD MEMBER LAWRENCE “BEAU” SLAY AT‐LARGE BOARD MEMBER ROBERT LOWE AT‐LARGE BOARD MEMBER RYAN BINNER EX‐OFFICIO BOARD MEMBER MARTY SANDERS Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community,  maintain a high quality of life, and protect the natural environment for all our citizens Page 1 of 70 Regular Meeting                                             Thursday, November 19, 2020                                                 6:00 PM 2 | Page 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 the Planning and Zoning Commission / Local Planning Agency of St. Lucie County, Florida, are  electronically recorded. If    a   person decides to appeal any recommendation made by the Planning and Zoning Commission /   Local Planning Agency with respect to any matter considered at such meeting or hearing, he 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, by hiring their  own court reporter at their own expense, to create a    record that includes the testimony and  evidence upon which  the  appeal  is  based. Upon  the request of any party to the proceedings, 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.  Anyone  with a   disability requiring accommodation to attend this meeting should contact the St. Lucie County 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  Page 2 of 70 Regular Meeting                                             Thursday, November 19, 2020                                                 6:00 PM 3 | Page 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 October 15, 2020     8.PUBLIC COMMENT    9.PUBLIC HEARINGS     A.Prima Vista Rezone ‐ Change in zoning from the CO (Commercial, Office) Zoning District to the CN  (Commercial, Neighborhood) Zoning District.      B.Text Amendment to the Land Development Code for Planning and Development Applications and  Approval Process.      10.WORKSHOPS    11.OTHER BUSINESS    12.ADJOURN    Page 3 of 70 Planning & Zoning Commission Meeting Thursday, October 15, 2020 6:00 PM 1 | P a g e PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA Regular Meeting October 15, 2020 Convened: 6:00 PM Adjourned: 6:49 PM 1. CALL TO ORDER The meeting was called to order at 06:00 PM by Chairman O'Dell 2. PLEDGE OF ALLEGIANCE 3. INVOCATION The invocation was led by Craig Bridgers. 4. ROLL CALL Chair Billy O'Dell, Bob Lowe, Craig Mundt, Board Member Ed Lounds, Vice‐Chair James A. Taylor, Board Member Ryan Binner, Board Member Valerie Slack, Board Member Craig Bridgers Board Member Lawrence "Beau" Slay 5. ANNOUNCEMENTS None. 6. DISCLOSURE(S) None Present Excused Page 4 of 70 Planning & Zoning Commission Meeting Thursday, October 15, 2020 6:00 PM 2 | P a g e 7. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of September 17, 2020. 8. PUBLIC COMMENT No public comment or virtual public comment. 9. PUBLIC HEARINGS A. Text Amendment to the Land Development Code, Chapter IX Signs, to define, allow and establish design standards for Changeable Message Monument Signs within certain Zoning Districts. Presented by Jodi Nentwick, Senior Planner The Land Development Code Text Amendment to define, allow and establish design standards for Changeable‐Message Monument Signs. The public hearing was advertised I the St. Lucie County Tribune on October 3, 2020. At the June 20, 2019 P&Z Meeting, this Commission held a workshop to explore the pros and cons for changeable message signs. The Commission was generally supportive amending the current guidelines that would not negatively impact our business community or the overall character of the surrounding properties. The Public Notice was advertised in the St. Lucie County News Tribune on October 3, 2020. The definition of a Monument Sign: A ground sign that is connected to the ground, or supported by a freestanding wall, pedestal, or other structure, so that this is no clear space between the bottom of the sign, and the ground, no less than 80% width of the sign. A monument sign does not have any exposed pole or pylon. Zoning District Eligibility: • Commercial, Office (CO) & Planned Mixed Use Development (PMUD) ‐ Professional Service/Office (In MXD or COM Land Use Districts) • Commercial, Neighborhood (CN), Commercial Resort (CR) & Commercial General (CG); • Industrial Light (IL), Industrial Heavy (IH) & Industrial Extraction (IX); •Utilities (U); Institutional (I), Religious Facilities (RF); • Planned Mixed Use Development (PMUD) – Institutional, General Commercial & Public Service/Utilities The proposed Text Amendment is consistent with the standards of review set forth in St. Lucie County Land Development Code Section 11.07.03 and the St. Lucie County Comprehensive Plan Goals, Objectives, and Policies. STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward an approval APPROVE Craig Mundt Bob Lowe Chair Billy O'Dell, Bob Lowe, Craig Mundt, Ed Lounds, Vice‐Chair James A. Taylor, Ryan Binner, Valerie Slack, Craig Bridgers None None RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: Page 5 of 70 Planning & Zoning Commission Meeting Thursday, October 15, 2020 6:00 PM 3 | P a g e recommendation to the Board of County Commissioners. Leslie Olson, Planning & Development Services Director presented a case study. This rendering depicts an example of the 100‐foot separation from commercial and residentially zoned property. This is a Wawa gas station located at the southwest corner of Prima Vista and Floresta Drive. Within 100ft. of Residential: No Changeable Message Sign. Within 300ft. Of Residential: Sign face must face away from the residentially zoned property and be operated only between the hours of 6:00 A.M. and 10:00 P.M. In this instance, it is appropriate to no allow a changeable sign. Mr. Lounds, Mr. Lowe, Chair O'Dell, Ms. Slack, Craig Bridger, Mr. Sanders posed questions and made comments which were addressed by Mrs. Olson and Assistant County Attorney, Heather Young Ms. Nentwick continued her presentation. Mr. Lounds asked questions re: the size, Ms. Slack asked about FDOT exemption, conditional uses, school zones and billboard signs. Mr. Mundt asked questions about the County's stringency compared to other jurisdictions. Mrs. Olson and Ms. Nentwick addressed those questions. 10. WORKSHOPS None. 11. OTHER BUSINESS Linda Pendarvis, Planning Manager, discussed the November and December meeting schedule. Meeting in November to present Changes to standards in the Land Development Code at the November meeting. Leslie expounded on the expected item to be presented at the November 19th meeting‐‐ An economic stimulus package through Code changes to get people through the development process faster. Also proposing to raise threshold of minor site plans to be approved administratively to encourage building. Increase administrative authority to approve large projects and provide a monthly report to BOCC on every project approved administratively. Mr. O'Dell mention the post‐COVID disaster redevelopment plan to streamline the process to get business back up and running again. Mr. Lowe asked about the December meeting. Mrs. Olson stated that we are unable to determine if we will have any high priority projects at the time. 12. ADJOURN The meeting was adjourned at 6:49 PM Page 6 of 70 ITEM NO.(ID # 2020-50517) DATE:11/19/2020 AGENDA REQUEST TO:Planning and Zoning Commission PRESENTED BY:Kristopher Mccrain, Associate Planner SUBMITTED BY:Planning & Development Services SUBJECT:Prima Vista Rezone - Change in zoning from the CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District. BACKGROUND: The property owner, and applicant Andrew Russo, with Park Avenue Real Estate Investments LLC, and representative David Milledge with Cotleur & Hearing, have submitted a petition for an Amendment to the Official Zoning Atlas for a change in zoning from the CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District. PREVIOUS ACTION: On March 27, 1990, the Board of County Commissioners granted a change in zoning from the RS-4 (Residential, Single-Family) Zoning District to the CO(Commercial, Office) Zoning District. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners. COMMISSION ACTION: RESULT: MOVER:None SECONDER:None AYES:None NAYS:None EXCUSED:None Page 7 of 70 Coordination/Signatures Date: November 06, 2020 Benjamin Balcer, Planning & Development Services Assistant Director Date: November 09, 2020 Leslie Olson, Planning & Development Services Director Date: November 10, 2020 Daniel McIntyre, County Attorney Date: November 10, 2020 Mark Satterlee, Deputy County Administrator Page 8 of 70 Planning Division Agenda Item Summary Applicant/Property Owner: Andrew W. Russo Park Avenue Real Estate Investments LLC 300 W Indiantown Road Jupiter, FL 33458 Agent: David F. Milledge, Esq. Cotleur & Hearing 1934 Commercial Lane, Suite 1 Jupiter, FL 33458 Project Location(s): Southwest corner of Prima Vista Boulevard and Airoso Boulevard Parcel ID(s)#: Parcel 1: 3419-545-0002-000-3 Parcel 2: 3419-545-0003-000-0 Future Land Use : COM (Commercial) Existing Zoning: CO (Commercial, Office) Proposed Zoning: CN (Commercial, Neighborhood) Staff Kristopher McCrain Tel 772-462-1265 Email McCrainK@stlucieco.org Mail 2300 Virginia Avenue, Fort Pierce, Florida 34982 Prima Vista Rezone Petition Amendment to the Official Zoning Atlas (Rezoning) Commercial Office to Commercial Neighborhood Project Description The petitioner, Andrew W. Russo is re- questing an Amendment to the Official Zoning Atlas for a change in zoning (Rezoning) from the CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District for two (2) parcels consisting of 0.534 acres located on the southwest corner of Prima Vista Boulevard and Air-oso Boulevard. The purpose of the Commercial, Neigh-borhood Zoning District is to provide and protect an environment suitable for lim-ited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. Background On March 27, 1990, the Board of County Commissioners approved Resolution 90-79, granting a change in zoning from the RS-4 (Residential, Single-Family - 4) Zoning District to the CO (Commercial, Office) Zoning District for the subject property. Notice Requirements Public hearing notice in accordance with Section 11.00.03 of the Land Develop- ment Code was placed in the St. Lucie News Tribune on November 6, 2020, letters were mailed to property owners within a 500 foot radius, and a sign post- ed on each of the properties. Staff’s Recommendation Forward this petition to the Board of County Commissioners with a rec- commendation of approval. Hearing Date Thursday November 19, 2020 PLANNING AND ZONING COMMISSION Page 9 of 70 Planning and Development Services Department Planning Division M E M O R A N D U M GENERAL INFORMATION Applicant/ Andrew W. Russo Property Owner:Park Avenue Real Estate Investments LLC 300 W Indiantown Road Jupiter, FL 33458 Agent: David F. Milledge, Esq. Cotleur & Hearing 1934 Commercial Lane, Suite 1 Jupiter, FL 33458 Location(s):Southwest corner of Prima Vista Boulevard and Airoso Boulevard, Port St. Lucie, FL 34953 Parcel ID Number(s):Parcel 1: 3419-545-0002-000-3 Parcel 2: 3419-545-0003-000-0 Parcel Area(s):Parcel 1: 0.327-Acres (9,000 ft2) Parcel 2: 0.206-Acres (14,266 ft2) Existing Use:Parcel 1: Undeveloped Parcel 2: Single-Family Dwelling Future Land Use:COM (Commercial) Existing Zoning:CO (Commercial, Office) Proposed Zoning: CN (Commercial, Neighborhood) Requested Action:Change in zoning from CO (Commercial, Office) to CN (Commercial, Neighborhood) Urban Service Boundary:The subject site is located within the Urban Service Boundary (USB). TO:Planning and Zoning Commission THROUGH:Leslie Olson, AICP, Director Ben Balcer, Assistant Director FROM:Kristopher McCrain, Associate Planner DATE:November 19, 2020 SUBJECT:Prima Vista Rezone Amendment to the Official Zoning Atlas (Rezoning) RZ-8202025811 Page 10 of 70 Project Name: Prima Vista Rezoning File No.: RZ-8202025811 Page 2 Fire/EMS:Station # 3 (River Park) 480 SW Ravenswood Lane, Port St. Lucie, FL 34983 is located approximately 0.3 miles southwest of the subject site. Right-of-Way:Prima Vista Boulevard and Airoso Boulevard rights-of-way are owned and maintained by the City of Port St. Lucie. The right-of-way width for both Prima Vista Boulevard and Airoso Boulevard are approximately one-hundred (100) feet adjacent to the subject site. Utilties:City of Port St. Lucie Utility District (CPSLUD) service area. Water and wastewater infrastructure currently exists at the subject property. Type of Concurrency Document Required: Concurrency Deferral Affidavit BACKGROUND ANALYSIS The applicant, Andrew W. Russo, and representative David F. Milledge, Esq., are requesting an Amendment to the Official Zoning Atlas from the CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District for the combined 0.534-acre parcels located at the southwest corner of Prima Vista Boulevard and Airoso Boulevard. The Future Land Use designation is COM (Commercial), and the site is located within the Urban Service Boundary (USB). Previous Actions o On March 27, 1990, the St. Lucie County Board of County Commissioners approved Resolution 90- 79, granting a change in zoning from the RS-4 (Residential, Single-Family) Zoning District to the CO (Commercial, Office) Zoning District. The purpose is stated to provide a zoning designation with additional commercial uses to serve the surrounding properties. Aerial Map Proposed Rezoning CN (Commercial, Neighborhood) Page 11 of 70 Project Name: Prima Vista Rezoning File No.: RZ-8202025811 Page 3 ******************************************************************** STANDARDS OF REVIEW AS SET FORTH IN THE LAND DEVELOPMENT CODE SECTION 11.06.03 In reviewing this application for an amendment to the Official Zoning Atlas, the Board of County Commissioners and the Planning and Zoning Commission shall consider and make the following determinations: A.Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed rezoning to the CN (Commercial, Neighborhood) Zoning District is consistent with the St. Lucie County Land Development Code (LDC), and meets the Standards of Review set forth in LDC Section 11.06.03, as displayed in Sections A thru H of this report. The rezoning is consistent with LDC Section 11.09.02(A), Table 11-1 - Zoning District/ Land Use Category Compatibility Chart and the site meets the dimensional requirements set forth in Section 7.04.00 and Table 7-10 – Lot Size and Dimensional Requirements for the CN (Commercial, Neighborhood) Zoning District. The proposed CN Zoning District is consistent with surrounding parcels, providing the use scope in LDC Section 3.01.03(Q) and District purpose. Certain Conditional Uses outlined under the Commercial Neighborhood Zoning District may not be appropriate at this particular property, due to the land size, site access, and proximity to the surrounding single-family dwellings. All future uses will be required to be reviewed by the St. Lucie County Development Review Committee for compatibility with the subject site and surrounding uses. Page 12 of 70 Project Name: Prima Vista Rezoning File No.: RZ-8202025811 Page 4 Future Land Use: The Future Land Use designation of the subject property is COM (Commercial). The COM land use category “is intended to accommodate all commercial zoning districts as identified under St. Lucie County's Land Development Code. Office and general retail uses are considered the principal uses within the COM designated areas.” “Although this plan supports the location of higher intensity commercial uses at the intersection of arterial roadways, it should not be interpreted to mean that every intersection should be designated for commercial activities. Unless otherwise designated on the future land use maps, applications for commercial use should be done in conjunction with a detailed review of the impacts of such development on adjacent property, specifically noting what, if any, negative neighborhood impacts could result from a map amendment.” Current Zoning: The property is zoned CO (Commercial, Office). This district is “to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office surroundings.” Proposed Zoning: The proposed zoning of the subject property is CN (Commercial, Neighborhood). The purpose of this district is “to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods.” Eligible Use Snapshot: Commercial Neighborhood Permitted/Conditional Use Examples Beauty & Barber Services Sporting Goods & Bicycles Real estate Eating places (walk-up services only) Household Appliances Florists Optical Goods Books and stationery Hobby, toy and game shops Laundering & Dry Cleaning (Self Service) * Small Postal /Shipping Store * Denotes a required Conditional Use Permit The table above highlights examples of the permitted and conditional uses St. Lucie County would be in supportive of, as per the Land Development Code Section 3.01.03(Q). B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed rezoning to the CN (Commercial, Neighborhood) Zoning District is consistent with the COM (Commercial) Future Land Use designation as per Comprehensive Plan Table 1-3 - Land Use Designation / Zoning Compatibility Chart. Table 1-3 - Land Use Designation / Zoning Compatibility Chart Future Land Use Categories Zoning Districts AG - 5 AG - 2 . 5 RE RS RU RM RH R/ C CP U B CO M IN D P/ F MX D SD H T/ U TV C CN X X X X X X X X X Page 13 of 70 Project Name: Prima Vista Rezoning File No.: RZ-8202025811 Page 5 The proposed Amendment is consistent with the Comprehensive Plan Future Land Use Element Goals, Objectives, and Policies: Objective 1.1.10: Commercial Areas. St. Lucie County shall provide for the establishment of commercial zoning districts where various types of commercial retail, including commercial uses for retail trade, office and service activities and general commercial uses for highway oriented sales and services; light industrial service uses; and hotel uses may be permitted at intensities which are consistent and compatible with the surrounding community and the natural environment. Policy 1.1.10.2 - Require effective visual and light diffusion barriers between residential and non- residential uses. Standards and requirements for such barriers are to be included in the landscaping and screening regulations of the St. Lucie County Land Development Code. Policy 1.1.10.6 - Encourage the use of existing commercial and industrial designated lands within the urban service area, through requiring a strict demonstration of service availability, before authorizing Land Use and Zoning amendments in areas not presently indicated as having such a designation. C. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed rezoning is consistent with the existing and proposed land uses. As stated above, the CN (Commercial, Neighborhood) Zoning District is compatible with the COM (Commercial) Future Land Use designation as per the Land Development Code (LDC) and Comprehensive Plan. This amendment will not create a conflict with the surrounding zoning districts. Surrounding Land Use and Zoning D. Whether there have been changed conditions that require an amendment; The applicant has purchased the properties with the intent for future commercial use(s) consistent with the LDC Section 3.01.03(Q). There have been no changes in the existing conditions to require the proposed amendment. The applicant is pursuing a rezone from the current CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District in order to provide more compatibility with the surrounding area. Location Zoning District Future Land Use Existing Land Use Subject Property CO (Commercial, Office)COM (Commercial)Vacant & Single-Family Residential North PNRD (Planned Non- Residential Development)COM (Commercial)Net Mart Convenience Store South RS-4 (Residential, Single- Family – 4 du/ac)RU (Residential, Urban)Single-Family Residential East CO (Commercial, Neighborhood) RS-4 (Residential, Single- Family – 4 du/ac) COM (Commercial) RU (Residential, Urban) Shell Gas Station & Single-Family Residential Adjacent Parcels West Right-of-Way & Institutional (City of PSL) Right-of-Way & Institutional (City of PSL) Animal Hospital & Child Daycare Page 14 of 70 Project Name: Prima Vista Rezoning File No.: RZ-8202025811 Page 6 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 change in zoning should not affect the acceptable level of service capacity of transportation facilities, parks, drainage, schools, solid waste, mass transit, or emergency medical facilities. Prior to the issuance of any final Development Order, the developer must demonstrate that all public facilities are available to serve the parcel and obtain a Certificate of Capacity. The applicant has signed the required Concurrency Deferral Affidavit recognizing this provision. Water/Wastewater Water and wastewater services are currently available to the subject site through the City of Port St. Lucie Utility Systems Department. According to the City of Port St. Lucie Utility Systems Department, an existing water meter located on-site may need to be upgraded to accommodate water flows. Additionally, existing wastewater facilities may need to be upgraded to accommodate future uses. Site-specific impacts will be addressed through a development application. Transportation Impacts The subject site fronts on Prima Vista Boulevard and Airoso Boulevard. Both roadways are owned and maintained by the City of Port St. Lucie. No additional transportation impacts are anticipated at this time, with a Concurrency Deferral Affidavit secured. Although the subject sites are located within the jurisdiction of St. Lucie County, a City of Port St. Lucie driveway permit will be required for the proposed connection to Airoso Boulevard, as well as further review of traffic generation, vehicle stacking, and circulation. Due to the sites proximity with the intersection of Prima Vista Boulevard and Airoso Boulevard, the City of Port St. Lucie has requested the site access be limited to Airoso Boulevard, as a right-in/right-out configuration and shall be positioned as far south as possible. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; Background The Environmental Resources Department (ERD) is in receipt of the August 07, 2020 date-stamped submittal from Planning and Development Services. The applicant is requesting approval to change the zoning of the subject parcels (Parcel ID 3419-545-0002-000-3 and Parcel ID 3419-545-0003-000-0) from CO to CN. The 0.54-acre site is located at 190 SW Airoso Boulevard in Fort Pierce. Findings The proposed rezoning is not anticipated to result in any adverse environmental impacts, as no development activities are proposed at this time and no increase in density is proposed. If site development activities are proposed in the future, ERD will conduct further review through the site plan or building permit review process. Recommendation ERD has no objection to the approval of the referenced rezone application. G. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed change in zoning will result in an orderly and logical development pattern. The proposed parcel is located within the Urban Service Boundary, with existing commercial uses situated to the north and east, and residential uses to the west, south, and east of the subject properties. The requested rezone is not expected to harm other property or improvements in the neighborhood. All future commercial uses shall be required to provide adequate landscape buffering and screening from the adjacent Page 15 of 70 Project Name: Prima Vista Rezoning File No.: RZ-8202025811 Page 7 residential uses, as per Land Development Code Section 7.09.04(E). This petition will not negatively affect the development patterns in the surrounding area. H. 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 CN (Commercial, Neighborhood) Zoning District is not in conflict with the public interest and is in harmony with the purpose and intent of the Land Development Code. CONCLUSION: Staff has reviewed this petition and determined that it conforms to the Standards of Review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the St. Lucie County Comprehensive Plan Goals, Objectives, and Policies . RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners. Page 16 of 70 Resolution No. 2020-XXX Page 1 RZ-8202025811 RESOLUTION NO. 2020-XXX File No.: RZ-8202025811 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING/DENYING A CHANGE IN ZONING FROM THE CO (COMMERCIAL, OFFICE) ZONING DISTRICT TO THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT FOR A PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1.The property owner, Andrew Russo with Park Avenue Real Estate Investments LLC, and representative David Milledge with Cotleur & Hearing, petitioned for an Amendment to the Official Zoning Atlas to change the zoning from the CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph “A” and depicted on the attached map as Exhibit “A”. 2.On November 19, 2020, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve/deny the change in zoning from the CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District. 3.On December 1, 2020, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4.The proposed change in zoning has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 5.The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. 6. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit “B” was signed by the applicant on August 6, 2020. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Page 17 of 70 Resolution No. 2020-XXX Page 2 RZ-8202025811 A.The property on which the Change in Zoning from the CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District is being granted/denied is described as follows: LEGAL DESCRIPTION: LOT 1 AND 2, BLOCK 56, OF RIVER PARK UNIT 6, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 28, OF THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA Location(s): TBD Airoso Boulevard & 190 SW Airoso Boulevard, Port St. Lucie, FL 34945 Parcel ID(s): 3419-545-0002-000-3 & 3419-545-0003-000-0 B.The St. Lucie County Planning and Development Services Director shall be authorized to amend the Official Zoning Map to change the zoning of the property herein described, from the CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District and to make notation of the reference to the date of adoption of this Resolution. C.A copy of this Resolution shall be mailed, return receipt requested, to the owner and agent of record as identified on the application. D.This Resolution shall be recorded in the Public Records. After motion and second, the vote on this resolution was as follows: Cathy Townsend, Chair XXX Chris Dzadovsky, Vice-Chair XXX Commissioner Sean Mitchell XXX Commissioner Linda Bartz XXX Commissioner Frannie Hutchinson XXX Page 18 of 70 Resolution No. 2020-XXX Page 3 RZ-8202025811 PASSED AND DULY ADOPTED This _XX_ day of __XXXXXXX__ 2020. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY _________________________ Chair ATTEST:APPROVED AS TO FORM AND CORRECTNESS: ___________________________________________________ Deputy Clerk County Attorney Page 19 of 70 Resolution No. 2020-XXX Page 4 RZ-8202025811 Exhibit “A” (Boundary Survey) Page 20 of 70 Resolution No. 2020-XXX Page 5 RZ-8202025811 Exhibit “B” Page 21 of 70 Suggested motion to recommend approval/denial of this requested change in zoning. 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 GRANT APPROVAL TO THE APPLICATION OF PRIMA VISTA & AIROSO REZONE FOR A CHANGE IN ZONING FROM THE CO (COMMERCIAL, OFFICE) ZONING DISTRICT TO THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT, BECAUSE..... [CITE REASON 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 APPLICATION OF PRIMA VISTA & AIROSO REZONE FOR A CHANGE IN ZONING FROM THE CO (COMMERCIAL, OFFICE) ZONING DISTRICT TO THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY - PLEASE BE SPECIFIC]. Page 22 of 70 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 SITE Page 23 of 70 Ad Map Location Map Page 24 of 70 Aerial Map Owners Mail-Out Map Page 25 of 70 Zoning Map Future Land Use Map Page 26 of 70 Page 27 of 70 Page 28 of 70 Page 29 of 70 3419-545-0002-000-3 & 3419-545-0003-000-0 Page 30 of 70 Page 31 of 70 Page 32 of 70 Prima Vista & Airoso Page 33 of 70 Page 34 of 70 Prima Vista & Airoso Page 35 of 70 R. CO COMMERCIAL, OFFICE. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office surroundings. 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. Adjustment/collection and credit reporting services. (732) b. Advertising. (731) c. Communications - except towers. (48) d. Computer programming, data processing and other computer related services. (737) e. Contract construction services - office only. (15, 16, 17) f. Duplicating, mailing, commercial art/photography and stenographic services. (733) g. Engineering, accounting, research, management and related services. (87) h. Executive, legislative, and judicial functions. (91, 92, 93, 94, 95, 96, 97) i. Finance, insurance, and real estate services. (60, 61, 62, 63, 64, 65, 67) j. Health services - except nursing homes and hospitals. (80) k. Membership organizations subject to the provisions of Section 7.10.31. (86) l. Miscellaneous business services: (1) Detective, guard and armored car services. (7381) (2) Security system services. (7382) (3) News syndicate. (7383) (4) Photofinishing laboratories. (7364) (5) Business Services - misc. (7389) m. Personnel supply services. (736) n. Social services: (1) Individual and family social services. (832/839) o. Travel agencies. (4724) 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. Child care services. (835) b. Television and radio transmitting towers. (999) c. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Eating and drinking places (undistilled alcoholic beverages as an accessory to a restaurant). b. Postal services. (43) c. Solar energy systems, subject to the requirements of Section 7.10.28. Page 36 of 70 LAND DEVELOPMENT CODE SECTION 3.01.03 Q. CN COMMERCIAL, NEIGHBORHOOD. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. 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. Beauty and barber services. (723/724) b. Membership organizations subject to the provisions of Section 7.10.31. (86) c. Depository institutions. (60) d. Laundering and dry cleaning (self service). (7215) e. Real estate. (65) f. Repair services: (1) Electrical repair. (762) (2) Shoe repairs. (725) (3) Watch, clock, jewelry, and musical instrument repair. (7631) g. Retail trade (each building shall be less than 6,000 square feet gross floor area, all uses inclusive): (1) Antiques. (5932) (2) Apparel and accessories. (56) (3) Books and stationery. (5942/5943) (4) Cameras and photographic supplies. (5946) (5) Drugs and proprietary. (5912) (6) Eating places. (5812) (7) Florists. (5992) (8) Food stores. (54) (9) Gifts, novelties, and souvenirs. (5947) (10) Hobby, toy and game shops. (5945) (11) Household appliances. (572) (12) Jewelry. (5944) (13) Newspapers and magazines. (5994) (14) Optical goods. (5995) (15) Nurseries, lawn and garden supplies. (526) (16) Radios, TV's, consumer electronics and music supplies. (573) (17) Sporting goods and bicycles. (5941) (18) Tobacco products. (5993) h. Video tape rental. (784) i. Low THC and medical marijuana dispensing facility. The facility may not be located within five hundred (500) feet of the real property that comprises a public or private elementary school, middle school, or secondary school. 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. Page 37 of 70 7. Conditional Uses: a. Car washes (self-service only) -subject to the provisions of Section 7.10.22. (999) b. Day care - adult. (8322) - child. (8351) c. Postal services. (4311) d. Retail trade: (1) Gasoline services - accessory to retail food stores under SIC-5411. (999) (2) Un-distilled alcoholic beverages accessory to retail sale of food. (5921-Except for liquor) e. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Drinking places (un-distilled alcoholic beverages) accessory to an eating place. (999) b. One dwelling unit contained within the commercial building, for on-site security purposes. (999) Page 38 of 70 Environmental resources FINAL REPORT TO:Kristopher McCrain, Planning & Development Services Department THROUGH:Jennifer L. McGee, Environmental Regulations Manager Amy E. Griffin, Environmental Resources Director FROM:Brian Arbeiter, Environmental Planner DATE:August 17, 2020 SUBJECT:Prima Vista & Airoso RZ-8202025811 Background The Environmental Resources Department (ERD) is in receipt of the August 07, 2020 date-stamped submittal from Planning and Development Services. The applicant is requesting approval to change the zoning of the subject parcels (Parcel ID 3419-545-0002-000-3 and Parcel ID 3419-545-0003-000-0) from CO to CN. The 0.54-acre site is located at 190 SW Airoso Boulevard in Fort Pierce. Findings The proposed rezoning is not anticipated to result in any adverse environmental impacts, as no development activities are proposed at this time and no increase in density is proposed. If site development activities are proposed in the future, ERD will conduct further review through the site plan or building permit review process. Recommendation ERD has no objection to the approval of the referenced rezone application. Please contact Brian Arbeiter at 772-462-2866 if you have any questions. Page 39 of 70 Date Mailed November 6, 2020 Planning and Development Services Department 772.462. 2822 Applicant/Property Owner: Andrew W. Russo Park Avenue Real Estate Investments LLC 300 W Indiantown Road Jupiter, FL 33458 Agent: David F. Milledge, Esq. Cotleur & Hearing 1934 Commercial Lane, Suite 1 Jupiter, FL 33458 Project Location(s): Southwest corner of Prima Vista Boulevard and Airoso Boulevard Parcel ID(s)#: Parcel 1: 3419-545-0002-000-3 Parcel 2: 3419-545-0003-000-0 Future Land Use : COM (Commercial) Existing Zoning: CO (Commercial, Office) Proposed Zoning: CN (Commercial, Neighborhood) Staff Kristopher McCrain Tel 772-462-1265 Email McCrainK@stlucieco.org Mail 2300 Virginia Avenue, Fort Pierce, Florida 34982 Public Hearing Notice Thursday, November 19, 2020 Notice of Proposed Amendment to the Official Zoning Atlas Project Description The petitioner, Andrew W. Russo is re-questing an Amendment to the Official Zoning Atlas for a change in zoning (Rezoning) from the CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District for two (2) parcels consisting of 0.534 acres located on the southwest corner of Prima Vista Boulevard and Air- oso Boulevard. The purpose of the Commercial, Neigh- borhood Zoning District is to provide and protect an environment suitable for lim-ited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. Background On March 27, 1990, the Board of County Commissioners approved Resolution 90- 79, granting a change in zoning from the RS-4 (Residential, Single-Family - 4) Zoning District to the CO (Commercial, Office) Zoning District for the subject property. The St. Lucie County Planning and Zon- ing Commission has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approval or disapproval, any applica- tions within their area of responsibility. The Planning and Zoning Commission strongly encourages your input and comment at the public hearing. The pub- lic will be able to physically attend this meeting, but seating in the Chambers will be regulated to comply with social distancing protocols. Members of the public who do not attend are encour- aged to wear masks or similar devices, which cover the nose and mouth. You may also mail or email written comments regarding this proceeding in advance of the public hearing for inclusion in the official record. Public comment for upcoming meetings can be submitted several ways:  Email: McCrainK@stlucieco.org; or  Email: publiccomment@stlucieco.org Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772-462-1546 or TDD 772-462-1428. Meeting Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Meeting Time: 6:00 PM (or soon thereafter) PLANNING AND ZONING COMMISSION This notice is provided because you are an owner of property within 500 feet of the petition site. Page 40 of 70 11 -- 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 A HE$OLUTION CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN ST. LUCIE COUI~TX. FLOI~DA WHKREA.~, the Board of County Commissioners of St.. LuciE County, Florida, has made the following determinations: 1. Cynthia G. Angelos, Trustee presented a petition for a change in zoning from RS-4 (Residential, Single Family 4 du/ac) to CG (Commercial, General) for the property described below. 2. The St. Lucie County Planning and Zoning Commission, held a public hearing on the petition, after publishing notice at least fifteen (15) days prior to the hearing and notifying by mail owners of property within five hundred feet (500') of the subject property, and has recommended that the Board deny the hereinafter described request for change in zoning classification from RS-4 Residential, Single Family - 4 du/ac) to CG (Commercial, General) for the property described below. 3. On March 27, 1990, this Board held a public hearing on the petition, after publishing a notice of such hearing in the Fort Pierce News Tribune on March 7, 1990, Page 41 of 70 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 and notifying by mail all owners of property within 500 feet of the subject property. 4. At the Pubilc Hearing held on March 27, 1990, before the Board of County Commissioners, the petitioner amended the request for rezoning from CG (Commercial General) to CO (Commercial Office). 5. The proposed zoning change is consistent with the St. Lucie County Comprehensive Plan and has satisfied the standards of review set out in Section 5.3.300 of the St. Lucie County Zoning Ordinance. NOW, THK~EFORE, BE IT P~$OLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The Zoning Classification for that property described as follows: Lot 1, Block 55, River Park, Unit Six & Lots 1 and 2, Block 56, River Park, Unit Six owned by General Development Corp., and Rene & Janice Roy, presented by Cynthia G. Angelos, Trustee, be and the same is hereby, changed from RS-4 (Residential, Single Family 4 du/ac) to CO (Commercial, Office.) B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to Page 42 of 70 5 6 7 8 9 10 11 12 13 14 t5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 be made on the Official Zoning Map of St. Lucie CountY, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this as follows: Chairman ~ Dale Trefelner Vice-Chairman Havert L. Fenn Commissioner Judy Culpepper Commissioner Jack Krieger Commissioner Jim Minix resolution was AYE AYE AYE NAY AYE PASSED AND DULY ADOPT~ this 27th day of March, 1990. A'i-r~ST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUmTx, FLORIDA , 90-079(REZ-D) APPROVED AS TO FORN AND 685 Page 43 of 70 ITEM NO.(ID # 2020-50631) DATE:11/19/2020 AGENDA REQUEST TO:Planning and Zoning Commission PRESENTED BY:Benjamin Balcer, Planning & Development Services Assistant Director SUBMITTED BY:Planning & Development Services SUBJECT:Text Amendment to the Land Development Code for Planning and Development Applications and Approval Process. BACKGROUND: A County initiated Text Amendment to the Land Development Code to broaden staff's ability to provide Administrative approvals, waivers, and capacity to phase required improvements to encourage new business, streamline the regulatory process, and help existing businesses. Staff has been approached by the Chamber of Commerce to identify and amend certain regulations that will have the effect of acting as a local economic Stimulus to combat the effects of the COVID 19 public health emergency. Staff has taken this opportunity to identify areas within the Land Development Code to expand staff's ability to provide Administrative approvals, waivers, and phase in improvements. These are anticipated to be permanent changes to the LDC and will require Board approval of a revised Ordinance. Highlights include the following: Increasing the threshold for projects to be designated as Minor Site Plans from 50,000 sq. ft. to 100,000 sq. ft. for any non-residential use. Shifting numerous submittal requirements for Preliminary Planned Development Site Plans to the time of Final Planned Development Site Plan submittal. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the proposed Text Amendment to the Land Development Code be forwarded to the Board Page 44 of 70 of County Commissioners with recommendation for approval. COMMISSION ACTION: RESULT: MOVER:None SECONDER:None AYES:None NAYS:None EXCUSED:None Coordination/Signatures Date: November 13, 2020 Leslie Olson, Planning & Development Services Director Date: November 13, 2020 Daniel McIntyre, County Attorney Date: November 16, 2020 Mark Satterlee, Deputy County Administrator Page 45 of 70 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 DATE: November 12, 2020 SUBJECT: Text Amendment to the Land Development Code (TLDC-102020252870) Planning and Development Application and Approval Process A County initiated Text Amendment to the Land Development Code (LDC) to broaden staff’s ability to provide Administrative approvals, waivers, and required improvement phasing to encourage new business, streamline the regulatory process and help existing businesses. BACKGROUND: Staff has been approached by the St. Lucie County Chamber of Commerce to identify and amend certain regulations that to act as a local economic stimulus to combat the effects of the COVID-19 appropriate emergency. Staff has taken this opportunity to identify areas within the Land Development Code to expand flexibility through Administrative approvals, waivers, and phase in improvements. These are anticipated to be permanent changes to the LDC and will require Board approval by Ordinance. Highlights include the following: • Increasing the threshold for projects to be designated as Minor Site Plans from 50,000 sq. ft. to 100,000 sq. ft. for any non-residential use. • Shifting numerous submittal requirements for Preliminary Planned Development Site Plans to the Final Planned Development Site Plan submittal. Table 1, below, provides a comprehensive overview of the various LDC Amendments proposed: LDC Code Section Intent of Change 7.02.03 – PNRD (Planned Non-Residential Development) Open Space Standards Reduce the amount of open space required for the projects of ten (10) or more acres from 35% to 25%. 7.03.03 – PMUD (Planned Mixed-Use Development Open Space Standards Reduce the amount of open space required from 35% to 25%. This would align with surrounding jurisdictions 7.06.03 – Relief – Off-Street Parking and Loading Identify locations and standards where an applicant can request off-street relief from the all-weather surface standards and changing all-weather surface to paved surface. Adding off-street parking requirements for religious and membership organizations. Page 46 of 70 Project Name: LDC Text Amendment (Development Standards Amendment) File No.: TLDC-102020252870) 2 7.09.04.E. – Landscape Buffer Areas Allows the ERD Director to reduce the 8 ft. tall wall/fence requirement down to 6 ft., if the adjacent property owners consent to reduce the adjacent buffer height. 7.09.04.F – Waste Receptable Screening Amends Code to require screening of dumpsters from all adjacent properties. Current Code only requires screening from adjacent residential uses. 7.10.18 – Airport Industrial Park – Storage Area Regulations Removes additional screening standards for the Industrial Park, to align with current screening requirements of the Code. 7.10.23 – Telecommunications Tower Aesthetics Allow ERD Director to waive the perimeter landscaping requirements if the proposed tower will not be visible from adjacent property or Right-of-Way’s. 11.02.02.B – Designation of Minor Site Plan Increase the numerical standards of projects that would qualify for Minor Site Plan Review. 11.02.02.C – Designation of Major Site Plan Corresponding change as a result of changing the standards of development applications that would qualify for minor site plan review. 11.02.10.A – Submittals for Planned Development Site Plans – Preliminary Submittal Requirements Shift submittal requirements for Preliminary Planned Development approval from the Preliminary stage to the Final Planned Development Approval. 11.02.10.B – Submittals for Planned Development Site Plans -Final Submittal Requirements Corresponding change as a result of changing the submittal requirements for Preliminary Planned Development approval. None of the submittal requirements are removed, just shifted to the Final approval stage. 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 to LDC as outlined in Table 1 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 amendments build on existing authority, provided to the PDS Director to act on development orders consistent with the LDC and Comprehensive Plan. The amendments retain internal consistency. B. Whether the proposed amendment is in conflict with all 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 Comprehensive Plan goal, objective, and policies support the proposed amendment: Goal 10.2: Diversify the year round economy and established an economic and cultural climate that will allow St. Lucie County to effective compete in the global economy. Page 47 of 70 Project Name: LDC Text Amendment (Development Standards Amendment) File No.: TLDC-102020252870) 3 Objective 10.2.2: Establish procedures and tools to encourage business development and assist economic development in St. Lucie County. Policy 10.2.2.1 - Establish a point person or inter-agency and inter-department permitting team whose purpose is to facilitate the movement of targeted economic development projects through the regulatory process. Policy 10.2.2.2 - Establish a (toolbox) to assist developers and businesses in locating appropriate facilities for their needs and to provide all necessary statistical information to encourage outside investors to locate in St. Lucie County. Policy 10.2.2.3 - In cooperation with the Economic Development Council and the St. Lucie Chamber of Commerce, assist in implementation of the revised Vision for St. Lucie County. 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. D. Whether there have been changed conditions that require an amendment; The proposed ordinance is drafted to provide short term relief for businesses that have been affected by COVID-19 and to expand Staff’s ability to provide Administrative approval and waivers. These changes will be permanent to diversify the “tool box” to assist businesses year round. 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. Site specific facility impacts are addressed at the time of development application. All development is required to adhere to adopted Level of Service (LOS) and concurrency standards. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed Text Amendment would not result in adverse impacts on the natural environment. The proposed text amendment is not expected to increase development pressures on natural areas and does not modify or exempt improvements from any of the County’s natural resource protection standards. G. Whether and the extent to which the proposed amendment would adversely affect the property values in the area; The proposed amendment is not anticipated to have an adverse impact on property values in the area. Property values may be positively affected by the proposed amendment. 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; We want an orderly and logical development pattern. The proposed amendments will streamline the approval process for new and existing businesses. 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; Page 48 of 70 Project Name: LDC Text Amendment (Development Standards Amendment) File No.: TLDC-102020252870) 4 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 these amendments 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 49 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 1 Underline is for additions. Strikethrough is for deletion. ORDINANCE NO. 2021-XX FILE NO.: TLDC 102020252870 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 2.00.00 DEFINITIONS; CHAPTER VII, DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS, SECTION 7.02.03 – STANDARDS AND REQUIREMENTS, TO REDUCE THE MINIMUM OPEN SPACE REQUIREMENT TO TWENTY-FIVE PERCENT; SECTION 7.03.03. – PLANNED MIXED USE DEVELOPMENT, TO REDUCE THE MINIMUM OPEN SPACE REQUIREMENT TO TWENTY-FIVE PERCENT; SECTION 7.06.00 – OFF-STREET PARKING ADDING REQUIREMENTS FOR OFF-STREET GRASS PARKING FOR RELIGIOUS AND MEMBERSHIP ORGANZIATIONS AND CLARYING PROVISIONS OF THE PARKING STADNARDS; SECTION 7.06.03. – ADMINISTRATIVE RELIEF ADDING PARKING REQUIREMENTS FOR LANDS WITHIN THE URBAN SERVICE BOUNDARY; SECTION 7.09.04. – GENERAL LANDSCAPING REQUIREMENTS TO ALLOW ENVIRONMENTAL RESOURCES DIRECTOR ADMINISTRATIVE APPROVAL TO REDUCE THE EIGHT FOOT WALL HEIGHT REQUIREMENT; SECTION 7.10.23. TELECOMMUNICATIONS TOWER SITING REQUIREMENTS TO BE APPROVED BY THE ENVIRONMENTAL RESOURCES DEPARTMENT; AND CHAPTER XI - ADMINISTRATION AND ENFORCEMENT, SECTION 11.02.02. – DESIGNATION OF MINOR SITE PLAN, MAJOR SITE, PLAN, OR PLANNED DEVELOPMENT SITE PLAN SUBMITTALS AMENDING THRESHOLDS FOR MINOR SITE PLAN AND MAJOR SITE PLAN APPROVAL PROCESS; AND SECTION 11.02.10 – SUBMITTALS FOR PLANNED DEVELOPMENT SITE PLANS AMENDING REQUIREMENTS FOR PRELIMINARY SITE PLAN REQUIREMENTS AND FINAL SITE PLAN REQUIREMENTS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) to expand staff’s ability to provide Administrative approvals, waivers, ad phase improvements to encourage new businesses, WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (Board) find this Ordinance is therefore necessary and essential to protect public safety, and represents the minimum necessary regulation to achieve that purpose. 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: Page 50 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 2 Underline is for additions. Strikethrough is for deletion. 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)(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 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. 4. On __________, 2020, 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/denial. 5. On __________, 2020, this Board held the first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 6. On _________, 2020, 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 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 II – DEFINITIONS 2.00.00.-DEFINTIONS Vehicular Use Area: Any area intended to support tracked or tired vehicles capable of self- propulsion. Vehicular use areas are engineered and constructed to support repeated loadings of these vehicles. The incidental use of any area by a tracked or tired vehicle to park non-self-propelled vehicles, for example, trailers, does not make the area used for the parking of such vehicles a vehicle use area. The vehicle use area construction of all-weather paved Page 51 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 3 Underline is for additions. Strikethrough is for deletion. impervious surface is not required but shall include measure in conformance to St. Lucie County Engineering design standards to direct and store all stomwater run-off so it is treated prior to any off-site discharge. This requirement is not intended to supersede or otherwise contradict any regulatory requirements by any other agency. CHAPTER VII – DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.02.00. – PLANNED NON-RESIDENTIAL DEVELOPMENT 7.02.03. – Standards and Requirements. Standards and requirements for a Planned Non-Residential Development shall be as follows: A. Minimum Size. The minimum lot size requirements for a Planned Non-Residential Development shall be as follows: 1. Any Planned Non-Residential Development in a Residential Land Use classification shall comply with the minimum lot requirements in the Commercial Neighborhood (CN) Zoning District. 2. Any Planned Non-Residential Development in a Commercial, Industrial or Mixed Use Land Use classification shall comply with the minimum lot requirements in the Commercial General (GC) Zoning District. 3. All Planned Non-Residential Development shall be under common ownership of control. B. Area, yard, Height and Other Dimensional Requirements. Area, yard, and height requirements shall be determined at the time of Preliminary and Final Development Plan approval, except that any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995, the requirements of Section 4.01.00, Hutchinson Island – Building Height Overlay Zoning shall apply. C. Public Facilities. 2. The minimum size of all water mains used, or intended for use, in fire protection is six (6) inches. Actual wWater main requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. 3. The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eight (8) inches. Actual water main requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. The maximum number of fire hydrants that may be located on any dead end water is one (1). 4.3.Fire hydrants spacing shall be provided at a minimum spacing of one (1) every six hundred (600) feet unless otherwise approved by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. Page 52 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 4 Underline is for additions. Strikethrough is for deletion. D. Traffic and Pedestrian Circulation. 6. All roads and streets shall intersect at an approximate 5” angle of ninety (90) degrees unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. 7. Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty (150) feet. 8. The intersection of any two (2) local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty (660) feet, as measured from centerline to centerline. 9.6.Permanent dead-end streets shall not exceed one thousand (1,000) feet in length. Cul- de-sacs shall be provided at the end of all dead end roads or streets greater than five hundred one (501) feet in length. The length of a dead-end street shall be measured along the centerline of the street from its point of perpendicular intersection with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. If the dead end roadway is five hundred (500) feet or less in length, a "Y" or "T" type of turn around may be approved. If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet, unless otherwise approved through the review of the Planned Unit Development. 10. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of ten (10) feet from any exterior building walls, except for security gate houses or similar security structures located in a private street or road right-of-way. 11.7. Access points on all collector or arterial streets serving a Planned Non-Residential Development shall be located and spaced so that traffic moving into and out of the arterial streets does not cause traffic congestion. E. Parking and Loading. 3. On Street Parking. In Planned Non-Residential Developments, on street parking may be used so long as the road on which the on-street parking is proposed lies entirely within the limits of the defined Planned Nonresidential Development and such parking would not contravene any other provision of this Code or the St. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards: a. The minimum size of a parking stall shall be as follows: Page 53 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 5 Underline is for additions. Strikethrough is for deletion. parallel 8 feet x 23 feet angled 10 feet x 18 feet handicapped (parallel) 12 feet x 23 feet b. Handicapped parking spaces shall be appropriately marked. c. Access for emergency five vehicles shall be in accordance with NFPA standards. d. No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of three hundred sixty (360) square feet. G. Landscaping and Natural Features. 3. Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. Compliance with this section will be identified during the site plan approval process. H. Open Space Standards. 1. For development projects of less than ten (10) acres, a minimum of twenty percent (20%) of the gross area of land to committed to a Planned Non Residential Development must be for use as common space, which may include parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping or planting areas, or other areas of public purpose other than street or road rights-of-way, utility easements, excluding exclusive stormwater treatment facilities, and parking areas. For development projects of ten (10) acres or more, a minimum of thirty twenty- five percent (325%) of the gross area of land to be committed to a Planned Non Residential Non-Planned Development must be for use as common open space, which may include parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common space, common landscaping or planting areas, floodways, lakes, wetlands, stormwater retention areas or other areas of public purpose other than but not including street or road rights-of-way, utility easements, above-ground utilities (although common open space may be provided under transmission lines), excluding exclusive stormwater treatment facilities, and parking areas. At the request of the developer, and subject to the approval of the Board of County Commissioners, use of recreational facilities may be offered to the general public. A minimum of fifteen percent (15%) of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required thirty twenty- five percent (325%) common open space. For each acre of preserve native habitat above the required minimum fifteen percent (15%) that is preserved in its original Page 54 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 6 Underline is for additions. Strikethrough is for deletion. state, credit shall be given at a rate of one hundred fifty percent (150%) per acre towards the remaining common space requirement. All acres to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Nonresidential Non-Residential Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space requirement subject to the requirement that fifteen percent (15%) of any existing native habitat on the property must be included as part of the required thirty-five percent (35%) common open space. If the project is planned to be subdivide into more than one lot, then Aas part of the Final Planned Nonresidential Non-Residential Development submission process, the developer or petitioner for the Planned Nonresidential Non-Residential Development require as a condition of approval, a mechanism for perpetual maintenance of the common open space, with may include shall provide for one (1) of the following: a. The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common space and any buildings, structures or improvements that been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Nonresidential Non-Residential Development; or b. A phased conveyance of the land to be used for common space to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Nonresidential Non-Residential Development. 2. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall common space requirement, provided that the common space meets the requirements of this Code. 3. All land dedicated for common open space shall be physically part of the Planned Non- Residential Development. I. Phasing. 2. If a Preliminary Final Development Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. The final stage or phase shall be completed within ten (10) years of the date of preliminary final development plan approval. Any extension of the above requirement is subject to approval by the Board of County Commissioners unless otherwise amended by the Board of County Commissioners. Page 55 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 7 Underline is for additions. Strikethrough is for deletion. J. Signs. 1. Signs within any Planned Non-Residential Development located in a Residential or Agriculturally classified land use area shall comply with the provisions of Chapter 9 applicable to the Commercial Neighborhood (CN) Zoning District; provided, however, that the Board of County Commissioners may condition approval of a Planned Non- Residential Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. 2. Signs within any Planned Non-Residential Development located in a commercially or industrially classified Land Use Area shall comply with the provisions of Chapter IX applicable in the Commercial General (CG), Zoning District; provided, however, that the Board of County Commissioners may condition approval of a Planned Non-Residential Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. 7.03.03. PLANNED MIXED USE DEVELOPMENT K. Open Space and Landscaping Standards. 1. A minimum of thirty twenty-five percent (325%) of the gross are of the land to be committed to a Planned Mixed Use Development must be for use as common open space, which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping or planting areas, or other areas of public purpose other than street, road or drainage rights-of-way, above ground utilities, excluding exclusive stormwater treatment facilities, and parking areas. A minimum of fifteen percent (15%) of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required thirty twenty-five percent (325%) common open space, For each acre of preserved native habitat above the required minimum fifteen percent (15%) that is preserved in its original state, credit shall be given at a rate of one hundred fifty percent (150%) per acre towards the remaining common open space requirement. 2. All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Mixed Use Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space, subject to the requirement that fifteen percent (15%) of any existing native habitat on the property must be included as part of the required thirty twenty-five (325%) percent common open space. As part of the Final Planned Mixed Use Development submission process, the developer or petitioner for the Planned Mixed Use Development shall provide for one (1) of the following: Page 56 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 8 Underline is for additions. Strikethrough is for deletion. 7.06.00. – OFF-STREET PARKING AND LOADING 7.06.01. – Purpose and Applicability. A. Purpose. The requirements of this Section are intended to insure ensure that every building, structure, or use erected or instituted, except for bona-fide agricultural uses and buildings, shall be provided with adequate off-street parking facilities for the use of occupants, employees, visitors and patrons, and that certain uses be provided with adequate off-street loading facilities, thereby reducing congestion to the public street and promoting the safety and welfare of the public. B. Applicability 1. Existing Uses./Changes in Use. Buildings or structures existing as of the effective date of this Code may be modernized, altered, or repaired without providing additional off-street parking or loading facilities, provided there is no change of use. 2. Change in Use. Effective March 1, 1999, any change in use to an existing building or structure, will require that all on0site parking and loading facilities be brought into full compliance with the provisions of this Code., except as otherwise provided here in Section 7.06.00, as it may be amended from time to time. For the purposes of this Section. “change in use” shall mean any change in use or activity that requires the issuance of a new certificate of zoning compliance. Parking surface, landscaping, changes in use and zoning compliance are subject to the provisions of this Code as amended by Ordinance No. 12-.003. 2.3. Expansion of Structure Expansion in the floor area, volume, capacity, or space occupied of any structure existing on or before July 1, 1984, shall require compliance with all off- street parking and loading requirements contained in this Code to be met for both new construction and existing structures, except as otherwise provided below and in Section 7.06.03. a. Exceptions: 1. If the applicant can demonstrate to the satisfaction of the Planning and Development Services Director that the site has provided adequate off-street parking for its use prior to expansion, only the new construction shall be required to comply with the requirements of this Section. 2. New construction not required to comply with off-street parking requirements include: Entry areas or vestibules, unoccupied storage areas provided these do not exceed twenty- five percent (25%) of the gross floor area, and areas which do not add to the carrying capacity of a structure. 3.4. Nonconforming Uses: When repairs and alternations are to be made in a building occupied by a nonconforming use, all off-street parking requirements contained in this Code shall be met of the cost of repairs and alterations exceed fifty percent (50%) of the assessed value of the building and structures. Page 57 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 9 Underline is for additions. Strikethrough is for deletion. a. Exceptions. 1. If the applicant can demonstrate to the satisfaction of the Planning and Development Services Director that the site has provided adequate off-street parking for its use prior to expansion, only new construction shall be required to comply with requirements in this Section. 2. New Construction not required to comply with off-street parking requirements include: Entry areas or vestibules, unoccupied storage areas provided these do not exceed twenty- five percent (25%) of the gross floor area, and areas which do not add to the carrying occupancy capacity of a structure. 5. Religious Facility and Membership Organization. When a building in which persons regularly assemble for religious worship or social organization is built, repaired, or expanded, the off-street requirements are as follows: a. Exceptions: 1. Up to seventy-five percent (75%) of the total parking requirement may be stabilized grass parking for new construction and expansion of structure. All-weathered impervious surface Is not required as provided herein. 2. Grass parking shall be provided in a manner acceptable to the County Engineer. 3. In the event grassed parking areas become deteriorated as indicated by dead or dying grass, bare dirt or overgrown grass and weeds, the Planning and Development Services Director may require the owner of the property to pave all or part of such area. 4. The stabilized grass parking vehicular use area shall meet the design standards pursuant to Section 7.06.02(B), except for material as provided herein. 7.06.02- Performance Standards. B. Design Standards. 3. Material. a. Requirement for All Weather Paved Surface for All Required Off-Street Parking and Vehicular Use Areas. Subject to the Administrative Relief provisions below, all required off-street parking spaces, access aisles, vehicular use and off-street loading areas constructed, expanded or altered after March 1, 1999, shall be constructed with an all weather paved surface meeting the requirements of the St. Lucie County Public Works Department. The permitted impervious surface materials be concrete, asphalt, brick pavers, stamped concrete, or paving block. Only asphalt or concrete will be permitted within the County’s Right-of-Way. Pervious paving systems and grass paving systems shall be permitted for non-required parking spaces when the paving systems and materials are approved by the County Engineer. Stabilized unpaved parking areas may be permitted at locations outside the urban service area upon approval of the County Engineer, so long as parking spaces, accessways, and driveways are clearly marked and the vehicular/pedestrian circulation system is safe. The County Engineer shall publish a Page 58 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 10 Underline is for additions. Strikethrough is for deletion. list of commercially available paving systems of pervious and imperious paving materials that are approved for use. The County Engineer shall approve design material and specifications on each site. For religious facilities or fraternal organizations, grass parking is exempt from the Administrative Relief provisions below, as provided in Section 7.06.01.B.5. 7.06.03. – Relief. A. Administrative Relief for Developments under 6,000 SF. The Planning and Development Services Director may grant administrative relief from the parking standards or the required amount of all weather paved surface for off-street parking and vehicle use areas including vehicular use areas (Small Business Development < six thousand (6,000) square feet) based upon a written request for such administrative relief and an analysis submitted by the applicant. The analysis must demonstrate that the numeric amount of required parking or the required amount of all weather paved surface for off-street parking and vehicle use areas is unnecessary or not practical to construct because of conditions that are unique and peculiar to the site or conditions that would result in unnecessary hardship for the owner, lessee or occupant as opposed to mere inconvenience and that the conditions are created by the regulations of this Code and not by the actions of the property owner or applicant, environmental considerations, such as micrositing for large trees, for mass transit considerations, such as providing transit stops in an area to be served with mass transit services, and superior design considerations determined by exceeding the minimum requirements of the Land Development Code. Requests for administrative relief from the all- weather paved surface requirements shall meet the following standards: 1. Lands within the Urban Service Boundary: a. The alterative off-street parking or vehicular use area shall not be visible from any the adjacent right-of-way; b. The alternative off-street parking or vehicular use area shall not be utilized for a public use; 2. Lands outside of the Urban Service Boundary: a. Alternative off-street parking or vehicular use areas shall not be permitted for any operation involving retail lands. The County Engineer Public Works Department shall review the request for administrative relief from the all-weather paved parking surface requirements and provide the Planning and Development Services Director with a written recommendation based on the standards set out in this section. The County Engineer Public Works Department may require the applicant to provide an engineered solution to any adverse impacts that the request for a waiver may create. If it is determined by the Planning and Development Services Director that it is not possible to meet the numeric or parking stall width parking requirements of this Code due to the size or configuration of the existing parcel, the Planning and Development Services Director may grant administrative relief, subject to determining consistency with the Standards of Review set out in Section 10.01.02, to the parking stall width or the number of parking spaces to be required. Any such Page 59 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 11 Underline is for additions. Strikethrough is for deletion. administrative relief shall be specific to the parcel or property in question and shall be the minimum necessary to address the particular problem. Any such administrative relief shall include specific findings of fact and shall be issued in a manner and form that is acceptable to the County Attorney. Any determination for relief that is made by the Planning and Development Services Director shall be recorded in the public records of St. Lucie County. 7.09.00. – LANDSCAPING AND SCREENING 7.09.04. – General Landscaping Requirements. E. Landscaped Buffer Areas Between Non-Residential or Residential Structure(s) Housing Three (3) or More Dwelling Units and Single-Family or Two-Family Residential Uses. All side and rear yard perimeter buffer areas between non-residential or residential structure(s) housing three (3) or more dwelling units and single family or two family residential uses shall be landscaped with a masonry wall or opaque wood fence of at least eight (8) feet in height that forms a continuous screen between the uses. All masonry walls or opaque wood fences shall be landscaped with a continuous hedge along both the inside and outside base of the wall or fence. One (1) tree shall be planted along the wall or fence for each thirty (30) linear feet or major fraction thereof of the length of the wall or fence. Tree plantings shall be alternated so that at least sixty percent (60%) of the required number of trees is located on the outside of the wall or fence. The remaining forty (40) percent of the required perimeter tree plantings shall be located on the inside face of the wall or fence. Existing native vegetation may be used to satisfy all or part of the landscape planting requirements of this paragraph upon the approval of the Environmental Resources Director. All fences or walls shall be treated with an anti-graffiti surface treatment. It shall be the responsibility of the property owner to removal any graffiti that may be applied to the wall or fence. In addition, the owner shall be responsible for the maintenance of all landscaping along both the inside and outside edge of any wall or fence. This landscaping shall be maintained in a good condition so as to present a healthy, neat, and orderly appearance free from refuse and debris. Maintenance shall include the replacement of all unhealthy and dead material within sixty (60) days in conformance with the approved site plan/or landscape plan. Violations of this section, or failure to maintain all required landscaping shall be grounds for referral to the Code Enforcement Board for appropriate enforcement actions. The sixty-day rule for compliance may be extended, when necessary, by the Environmental Resources Director or his/her designee to permit recovery from acts of nature such as a hurricane or a freeze. Masonry walls or opaque wood fences may be located within any required yard, consistent with the provisions of Section 8.00.00 of this Code. The requirement for this perimeter masonry wall or opaque wood fence may be waived by the Environmental Resources Director if it is shown to the satisfaction of the Environmental Resources Director either that the adjoining properties owners have signed a consent that indicates their desire not to have the required masonry wall or opaque wood fence constructed along their property line, or that the Environmental Resources Director determines that a waiver is necessary to preserve any significant, protected or historic native vegetation. Page 60 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 12 Underline is for additions. Strikethrough is for deletion. The Environmental Resources Director may reduce the eight (8) foot height requirement, down to six (6) feet, if it is shown that adjoining property owners have signed a consent form that indicates their desire to reduce the height of the required masonry wall or opaque wood fence constructed along their property line. In the event that any such consent is issued, the owner of the property on which the nonresidential development is taking place shall need to comply with the standards of Section 7.09.04(B) of this Code as those standards relate to perimeter screening. All other landscaping provisions of this Code shall apply as applicable. F. Off-Street Loading Spaces and Waste Receptacles. All off-street loading spaces and waste receptacles shall be fully screened from any residential use adjacent parcel by a uniformly colored, solid visual and auditory barrier of not less than six (6) feet in height, or a densely planted landscape screen consisting of evergreen shrubs or trees that shall be at least four (4) feet in height when planted and that can be expected to reach at least six (6) feet in height within eighteen (18) months. The screening shall extend the full length of any loading facility with openings as required for ingress and egress; however, there shall not be greater than twenty percent (20%) open space within the screen. 7.10.00. – SUPPLEMENTAL STANDARDS 7.10.18. – Airport Industrial Park – Special Regulations. J. Storage Area Regulations. No materials, waste, supplies or equipment shall be stored outside of the buildings constructed or erected onsite, unless the storage yard or area is entirely screened by an opaque barrier, eight (8) foot in height, consisting of either a wall, fence, hedge or other durable landscape barrier. screened in accordance with Section 7.09.00. of this code. All landscape screens shall be approved by the St. Lucie County Port and Airport Authority prior to their installation. 7.10.23. – Telecommunications Tower Siting. G. Aesthetics. All telecommunications towers and antennas shall meet the following requirements: 4. The Board of County Commissioners The Environmental Resources Department Director may consider total or partial relief from the required perimeter landscaping requirements of paragraph 2 above, if the proposed telecommunications tower meets all of the following standards and criteria: CHAPTER XI – ADMINISTRATION AND ENFORCEMENT 11.02.02. – Designation of Minor Site Plan, Major Site Plan, or Planned Development Preliminary Development Site Plan. A. Generally. For purposes of these review procedures, all site plans shall be designated as either a Minor Site Plan, a Major Site Plan, or a Planned Development Preliminary Development Site Plan according to the criteria below. Page 61 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 13 Underline is for additions. Strikethrough is for deletion. B. Minor Site Plan. A proposed development shall be designated as a Minor Site Plan if it is: 1. Any division of land located outside of the Urban Service Boundaries into less than ten (10) parcels but more than two (2) parcels in accordance with the provisions of Section 11.03.00. 2. Any division of land located within the Urban Service Boundary into less than fifty (50) parcels but more than two (2) parcels in accordance with the provisions of Section 11.03.00. 2. 3.Any multi-family residential development of less than fifty (50) one hundred (100) units, that does not involve platting. 3. 4.An nonresidential use, including additions to existing structures of 6,000 to 50,000 100,000 square feet. 4. 5.Any nonresidential non-residential use, less than 50,000 square feet, that provides drive through or walk up services. 5. 6.Any nonresidential non-residential use, less than 50,000 square feet, that provides drive through or walk-up services. 7. Any non-residential use, including additions to existing structures up to 500,000 square feet for development included within the St. Lucie County Targeted Industry List. 6.8.Any commercial lodging establishments having less than six (6) units. C. Major Site Plan. A proposed development shall be designated as a Major Development Site Plan if it is: 1. Any division of land located outside the Urban Service Boundary into ten (10) or more parcels, in accordance with the provisions of Section 11.03.00. 2. Any division of land located within the Urban Service Boundary into fifty (50) or more parcels, in accordance with the provisions of Section 11.03.00. 2. 3.Any multi-family residential development of fifty (50) one hundred (100) or more dwelling units. 3. 4.Fifty thousand and one (50,001) One hundred thousand and one (100,001) or more square feet of non-residential floor space. 5. Five hundred thousand and one (500,001) or more square feet of non-residential floor space for any development included within the St. Lucie County Targeted Industry List, 4.6.All commercial lodging establishments have including six (6) or more units available for rent or lease. 5.7.Any development of land. a. Where the proposed development should be more thoroughly considered and reviewed because of its location or potential for impact on public facilities, natural resources and public safety. D. Planned Development Preliminary Development Site Plan. A proposed development shall be designated as a Planned Development Preliminary Site Plan if it is: Page 62 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 14 Underline is for additions. Strikethrough is for deletion. 11.02.10. – Submittals for Planned Developments Site Plans. A. Preliminary Site Plan Planned Development Requirements. A Planned Development Preliminary Site Plan application shall include the following information: 2. Existing Conditions: c. A topographic survey of the entire project site, prepared in accordance with the current standards of Chapter 61G17-6, FAC, which shall include, at a minimum: the project boundaries, a north arrow, a scale indicator, bench mark information (NGVD) and; 1. One (1) foot contours shall be shown and shall extend at least 50 feet around the project site, except that the Growth Management Planning and Development Services Director may authorize partial from this standard when the following conditions exist: a. Existing grade conditions, throughout the site are such that one foot contours would not be discernable. In these instances, contours at two (2) foot intervals may be provided; and/or, b. Existing grade conditions, over the entire site, vary less then two feet above base elevation. 2. A sufficient number of spot elevations shall be shown to support the contour information and to accurately reflect the site topography. All topographic surveys shall be submitted on a sheet size twenty-four (24) inch by thirty-six (36) inch and shall be the same scale as the project site plan. All topographic surveys shall have been prepared within the 24 months prior to the application for site plan being filed and shall reflect current property conditions. h. Available preliminary drainage information. that is to be submitted to the South Florida Water Management District intended to serve as the basis for issuance of its permit under Chapter 62-330 F.A.C., if applicable. 4. Proposed Planned Development Preliminary Development Plan Activity and Design. All planned development preliminary development plan site detail sheets shall be submitted on a sheet size twenty-four (24) inch by thirty-six (36) inch and at a scale no smaller than one (1) inch equals fifty (50) feet, all dimensions in decimals, unless otherwise approved in writing by the Growth Management Planning and Development Services Director during the pre-application conference. For large projects, a smaller scale generalized plot plan may be submitted as a cover sheet to the detail sheets. Detail sheets shall include the following information: a, The location of the property by lot number, block number, and street address, if any. b. The boundary lines f the property, the dimensions of the property, existing subdivision easements, roadways, rail lines, and public rights-of-way. c. The approximate location of all buildings, structures or concentration uses, if any are proposed at the time of Planned Development approval. This shall include types of uses, and density per type of structure. Page 63 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 15 Underline is for additions. Strikethrough is for deletion. d. The approximate location and dimensions of parking and loading areas. e. The location of all primary on-site wastewater disposal and water supply facilities. Conceptual utility and drainage plan. f. The location of any existing easements for utility systems, including sewage facilities and water supply facilities, electric, gas, and telephone lines. g. The approximate location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas, school sites, rights of way and other public uses. h. The location and configuration of all public and private roadways for a distance of one hundred fifty (150) feet from all project access points. i. The approximate location of the existing and proposed internal circulation system of arterial and collector streets and any other transportation improvements. j. The approximate location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas, school sites, rights of way and other public uses k. The pedestrian circulation system, including its interrelationship with the vehicular circulation system. l. Proposed perimeter landscapeing buffers, including the types, location, of all plants or materials, and the location of fences or screen plantings. This can be done as typical section of what is being proposed. For non-residential uses a typical building planting plan shall be submitted to establish minimum plantings around buildings. m. The approximate location and dimension of all proposed lots and all yard requirements if applicable. n.m.Boundaries depicting construction phases, if applicable. o. The approximate location and dimension of all proposed lots and all yard requirements, if applicable. p.n.The location and dimension all paved areas within fifty (50) feet of the outside property boundaries. q.o.A transportation impact report statement in accordance with the requirements of Section 11.02.09(A)(4), if applicable. r..p environmental impact report in accordance with the requirements of Section 11.02.09(A)(5), if applicable. s.q.A location map, which shall delineate the project boundaries on the St. Lucie County Tax Assessment Maps. t.r. A driveway location map which show the location of all driveways, public streets and private drives within the six hundred and sixty (660) feet of the development, along any private or public street that will serve the project. u.s. Any other information deemed necessary by the Growth Management Director Planning and Development Services Director for the reasonable review of the proposed development. v.t.Conceptual architectural drawings all multi-family and nonresidential buildings to be erected within the development (except for minor accessory and service facilities). For those development projects erecting detached single family dwellings, submission of conceptual floor plans will not be required, but their place shall be the required submission Page 64 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 16 Underline is for additions. Strikethrough is for deletion. of the overall project design standards that will be used to guide the appearance of the planned development. B. Final Site Plan for Planned Developments. A Final Site Plan for a Planned Development shall include: 1. The date on which the preliminary Site Plan was approved. 2. A statement describing any changes, which have been made in any documents, plans, data, or information previously submitted. 3. A tabular display of the following information with respect to the are included in the Final Site Plan, if relevant. a. Total number of dwelling units proposed by type of structures and number of bedrooms. b. Total number of non-residential structures and gross floor area. c. Total land area to be devoted to residential uses, commercial uses, public and private open space, and off-street parking and loading expressed in acres and as a percent of the total development area. d. Proposed number of off-street parking and loading spaces for each proposed type of land use. 4. Final Development Activity and Design. Detail sheets which shall be submitted on a sheet size twenty-four (24) by thirty-six (36) inches and at a scale no smaller than one (1) inch equals fifty (50) feet, all dimensions in decimals. For large projects, a smaller scale generalized plot plan may be submitted as a cover sheet to the detail sheets. Detail sheets shall include the following information: a. The location of the property by lot number, block number, and street address, if any. b. The boundary lines of the property, the dimensions of the property, existing subdivision easements, roadways, rail lines, and public rights-of-way. c. The location and dimensions, including height, of all buildings and structures, except single family detached. This shall include types of uses, density per type of structure and the type of construction as indicated in Table 600 of the Standard Building Code, 1994 ed. d. The identification of the maximum buildable area of each lot or parcel within the proposed development, based upon the minimum building setbacks as identified in the Preliminary Planned Unit Development submittals. e. The location and dimension of all parking and loading areas. Fire Lanes shall be required for all buildings that are set back more than one hundred and fifty (150) feet from any roadway (public or private) or any structure more than thirty (30) feet in height, which is setback fifty (50) feet or more feet from any roadway. Variations to this requirement may only be approved by the St. Lucie County - Fort Pierce Fire Bureau of Fire Prevention. All fire lanes shall be a minimum of twenty (20) feet in width and shall be located a minimum of ten (10) feet from any exterior building wall. Page 65 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 17 Underline is for additions. Strikethrough is for deletion. All fire lanes shall be appropriately marked and shall be posted as no parking areas. Dead end fire lanes exceeding three hundred (300) feet or more shall be provided with a cul-de-sac, to the requirements of the St. Lucie County-Ft. Pierce Fire Prevention Bureau. f. The location of water disposal and water supply facilities. The site plan shall indicate the size and location of all water distribution lines, (existing and proposed) and shall Identify the location of all fire hydrants (existing and proposed) on the proposed development site and within one thousand (1000) feet of the proposed development site. g. The locations of existing (site plans and subdivisions) and proposed (subdivision only) easements for utility systems, including sewage facilities and water supply facilities, electric, gas, and telephone lines. h. The location of all drainage retention areas and major drainage improvements. i. The location and configuration of all public and private roadways for a distance of one hundred fifty (150) feet from all project access points. j. The location of the existing and proposed circulation system of arterial and collector streets and any other transportation improvements associated with the Planned Development Site Plan. k. The location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas, school sites, rights of way and other public uses. l. The pedestrian circulation system, including its interrelationship with the vehicular circulation system. m. The location, size, and arrangement of all existing or proposed signs or lighting. n. Boundaries depicting construction phases, if applicable. o. The location and dimension all paved areas within one hundred (100) feet of the outside property boundaries. p. The location, dimension and type of construction of all buildings or structures within one hundred (100) feet of the outside property boundaries. 5. A detailed landscaping plan showing the location, size and type of vegetation for all common use areas, entry and perimeter treatment areas. Representative landscape plans shall be required for all structural uses within the Planned Development. All final landscape plans are to be prepared, signed and sealed by a registered Florida Landscape Architect. 6. Conceptual design drawings of all multi-family and nonresidential buildings to be erected within the development (except for minor accessory and service facilities). For those development projects erecting detached single family dwellings, submission of conceptual floor plans will not be required, but in their place shall be the required submission of the overall project design standards that will be used to guide the appearance of the planned development. 7. Conceptual utility and drainage plans, signed and sealed by a registered engineer. 8. Preliminary record plat submissions in accordance with the provisions Section 11.03.02, of this Code, including copies of all internal homeowners or property owners association documentation describing the responsibilities/liabilities of the property purchasers. 9. The final development construction schedule. Page 66 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 18 Underline is for additions. Strikethrough is for deletion. 10. Any other information required under the Preliminary Planned Development Site Plan approval. B. Site Plan Approval – After approval of the Planned Development Preliminary Development Plan, the applicant will be required to follow Section 11.02.02. for approval of a Minor or Major Site Plan. 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. Page 67 of 70 Ordinance No. 2021-XX Development Standards Amendment File No.: Page 19 Underline is for additions. Strikethrough is for deletion. After motion and second, the vote on this ordinance was as follows: Cathy Townsend, Chair XXX Chris Dzadowsky, Vice-Chair XXX Sean Mitchell, Commissioner XXX Linda Bartz, Commissioner XXX Frannie Hutchinson, Commissioner XXX PART H. 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 68 of 70 Page 69 of 70 Planning and Development Services Department Planning Division M E M O R A N D U M 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 GRANT APPROVAL TO THE PROPOSED TEXT AMENDMENTS TO LAND DEVELOPMENT CODE AS COMPREHENSVILEY OUTLIND IN TABLE 1 WITHIN THE STAFF REPORT FOR PLANNING AND DEVELOPMENT APPLICATIONS AND APPROVAL PROCESS, 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 LAND DEVELOPMENT CODE AS COMPREHENSIVLEY OUTLIND IN TABLE 1 WITHIN THE STAFF REPORT FOR PLANNING AND DEVELOPMENT APPLICATIONS AND APPROVAL PROCESS , BECAUSE... . .[CITE REASONS WHY - PLEASE BE SPECIFIC] Page 70 of 70