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Home My WebLink AboutMarch 13, 2012 Informal Agenda PacketAGENDA TUESDAY, MARCH 13, 2012 9:00 A.M. INFORMAL MEETING CALL TOORDER - COMMISSIONER DZADOVSKY, CHAIRMAN BOARD OF COUNTY COMMISSIONERS 2. DRAFT ORDINANCE N0. 12-003 - PLANNING& DEVELOPMENT DIRECTOR 3. DISCUSSION: CITY OF FORT PIERCE TRANSFER OF SOLID WASTE -SOLID WASTE DIRECTOR 4. ADJOURNMENT BUDGET WORKSHOP IMMEDIATELY FOLLOWING THE INFORMAL MONTHLY MEETING 1. CALL TO ORDER - COMMISSIONER CHRIS DZADOVSKY, CHAIRMAN BOARD OF COUNTY COMMISSIONERS 2. SPACE PLANNING & OFFICE RELOCATIONS DISCUSSION A. BOCC -CONSTITUTIONAL OFFICERS RELOCATION & RENOVATIONS - FACILITIES MANAGER B. SUPERVISOR OF ELECTIONS OFFICE RELOCATION -SUPERVISOR OF ELECTIONS -COUNTY ADMINISTRATOR 3. ADJOURNMENT CONFERENCE ROOM #3 ROGER POITRAS ADMINISTRATION ANNEX 2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA 349$2 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Item iJo. 2 Planning and Development . Services Department MEMORANDUM. TO: .Board of County Commissioners E FROM: Mark Satterlee, AICP, Director ~~~ DATE: March 13, 2012 SUBJECT: Development Review Task Force Report & Staff Response, .Draft Ordinance 12- 003 This memorandum is a summary of Land Development Code changes proposed in draft ordinance 12-003 which is based on recommendations provided in the Development Review Task Force Report of June 2011. As the Board will recall, this initiative originated from the Citizen's Budget Committee. Attached, please find the following: • Draft Ordinance 12-003 developed to implement proposed Land Development Code changes in response to the Development Review Task Force Report, and • A matrix comparing Task Force recommendations and draft ordinance 12-003. The Board has previously been provided copies of the Task Force Report. Should it be needed, the Report is available on the Planning & Development Services web page. Background Staff has worked with the Task Force on drafting LDC revisions and resolving differences in response to the Task Force Report since the Board had the report presented at its October 2011 Informal Meeting. Staff also updated the Citizens Budget Committee on Friday, January 23, 2012 on the progress implementing the Report. Several Task Force recommendations were not included and staff has provided rationale in the comparison matrix as to why some of the recommendations were excluded. In addition, several recommendations are included in the draft ordinance but not in the Task Force report because staff feels they are consistent with the overall objective of simplifying the approval process for small business. A. Items included in draft ordinance 12-003: 1. The County paying some costs associated with acquiring right-of-way; 2. Increasing the minor site plan square footage threshold; 3. .Providing refunds for fees paid-in-lieu-of sidewalk construction; 4. A definition of vehicle use area; 5. Increasing administrative variance for parking space and alternative paving surfaces; 6. Allowance of alternative landscaping and longer planting schedules; Draft Ordinance 12-003 March 13, 2012 Page 12 7. Increased flexibility in determining allowed uses in zoning districts- .- 8. Increased flexibility for application of code requirements for minor adjustments, expansions and code compliance determinations; 9. Elimination of a current requirement that projects leaving more than an acre undeveloped must be reviewed as a major site plan. B. Items recommended by the Task Force but not included in draft ordinance 12-003: 1. Elimination of right-of-way dedications; 2. Exempt expansion of existing non-residential developments and new industrial development and certain non-residential developments from sidewalks; 3. Certain projects should not be required to comply with landscape buffering; 4. Mandatory pre-application meetings. C. Items not included in draft ordinance 12-003 but staff feels should be considered in a subsequent effort: 1. Creation of a detailed application manual; 2. Creation of the Business. Navigator position; 3. Implementation of a better process for the "detailed plan" submittal; 4. Shift liability of endangered species evaluation to environmental professionals; 5. Elimination of the County's wetlands classification system. Staff has met on several occasions with representatives of the Task Force and worked out almost all differences between the original report and the draft ordinance. One difference remaining between the draft and the Report deals with language in the Vehicular Use Area definition.. Staff will continue to work with the Task Force to more clearly define how these storage areas will be reviewed and at what point site improvements will be required to accommodate the use of vehicles that would have an impact on property and effect stormwater runoff. Upon receiving Board direction at the Informal Meeting, staff and the Task Force have developed an aggressive schedule for public hearings and adoption of the proposed changes. Recommendation Staff recommends the Board review and discuss Task Force recommendations and draft ordinance 12-003 and provide the following: • Direction on any issues remaining between Task Force recommendations and draft ordinance 12-003: • Consensus on staff moving the ordinance forward with adoption, including: • Workshop with Planning & Zoning Commission on Thursday, March 15, 2012 • Authorization to advertise upcoming public hearings, including: • A P&Z public hearing on April 19, 2012 • A BOCC first reading on May 1, 2012 • A BOCC adoption hearing on May 15, 2012 0 w o N O N "O Al cn fD O -n m on v ~ m v ~ _ ~ ~ n ~ N. ~ . ~ m ~ . (D `G fD rt v O O' _ in' ~ O f~D n -a 'a 3 ,..~. fD ~ ~ ~ ~ n ' (D n O , y, ~q . Q O ei+ ~. ~ O N rt H fD ~ O• 3 ~. ~ ~ ~ ~ Q ~ ~ ~ ~. 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C N S D ) (p A < ~ a O O ~ S C N tv ~, _ ~ O C ~ ~ ~ 0 ~ ~ 0' rO•r ~ S 0 O S fD' A-r Q ~ rh . ~ cn• ~ O y' cl O ~ 0'0 sy v , :~ O ~' ~ m ~ '+ 0 m O) A O N O O ~' ~ ~ <. N ~ ~ -n ~ s N fD Q O f~D Cl ~ ~ vNi O N O rr fD ~ 0 fD ~ fD O - y A ~ < ~+ N rr ~ ~ n ~ O y ~ '° O ~ 0 ~ v ~ " 0 ,< ' 'a ~ - fv '< p ~, y ~ '° ~ Q - ~ ~ fD p rr p~ O N 0' 0 0 ~ s O (D rt ~ Q S ~ , `< N ° N < Q O ~ >y 7 0 N n r-h ry. O 0 N r~•r (/) ~ fD O -s ~ to 0 (D N S ~ 0, - 3' 0'0 0 3 (D fD ~ rO-r rO+ ty ~ rr (D fD :~ Vf fO fD ~ `~' !Z (D ~ K ~N•F r~-h r N i-F 0 (D f~ O Q N O r'F N N T O n e-F e"h n Q fD cQ G, A (D z 0 17`h Draft 3/7/12 ORDINANCE NO. 12-003 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 2.00.00 "DEFINITIONS" TO PROVIDE .FOR A DEFINITION OF VEHICULAR USE AREA AND VEHICULAR USE AREA (SMALL BUSINESSES LESS THAN 6,000 SQUARE FEET); SECTION 3.01.02 "ADMINISTRATIVE USE REGULATIONS FOR PERMITTED AND CONDITIONAL USES" TO PROVIDE FOR A COMPATIBILITY DETERMINATION BY THE PLANNING & DEVELOPMENT SERVICES DIRECTOR WHEN A USE IS NOT SPECIFICALLY LISTED; AMENDING SECTION 6.00.05 "CRITERIA GOVERNING APPROVAL OF VEGETATION REMOVAL PERMIT" TO PROVIDE FOR SUBSTITUTIONS FOR PLANTS AN DTREES AND LONGER PLANTING SCHEDULES; AMENDING SECTION 7.05.03 "RIGHTS-OF-WAY DEDICATION REQUIREMENTS" TO PROVIDE FOR COUNTY PAYMENT OF COSTS INCIDENT TO ACQUISITION; AMENDING SECTION 7.05.04A "SIDEWALKS" TO REQUIRE SIDEWALKS FOR NONRESIDENTIAL DEVELOPMENT ABOVE 6000 SQUARE FEET AND TO CLARIFY WHEN MULTI-USE PATHS ARE REQUIRED; AMENDING SECTION 7.06.01 "OFF STREET PARKING AND LOADING" TO PROVIDE THAT EXPANSIONS MAY BE PERM ITTED WITHOUT ADDITIONAL PARKING IF THE INCREASED FLOOR AREA DOES NOT EXCEED25% OFTHE PRIORFLOORAREA;PROVIDINGTHATPARKING SURFACE, LANDSCAPING, CHANGES IN USE AND ZONING COMPLIANCE ARE SUBJECT TO THE PROVISION OF THE CODE AND TO CLARIFY THE ADM INISTRATIVE RELIEF PROVISIONS; AMENDING SECTION 7.06.01 "OFF- STREET PARKING- GENERALLY";AMENDING SECTION 7.09.04 "GENERAL LANDSCAPING REQUIREMENTS"; DELETING SECTION 7.10.16Q2e; AMENDING SECTION 11.00.03 "NOTICE" TO PROVIDE FOR A LOCATION DESCRIPTION OF PROPERTIES DIRECTLY AFFECTED RATHER THAN A LEGAL DESCRIPTION; AMENDING SECTION 11.02.026 "DESIGNATION OF MINOR. SITE PLAN, MAJOR SITE PLAN,OR PLANNED DEVELOPMENT SITE PLAN"TO PROVIDE FOR MINOR SITE PLAN APPROVAL FOR NONRESIDENTIAL DEVELOPMENT GREATER THAN 6,000 SQUARE FEET BUT LESS THAN 50,000 SQUARE FEET AND FOR MAJOR SITE PLAN APPROVAL FOR NONRESIDENTIAL FLOOR SPACE OF 50,001 OR MORE SQUARE FEET; AMENDING SECTION 11.02.02C TO PROVIDE FURTHER THAT MA10R SITE PLANSARE DEFINEDASA DEVELOPMENT WITH 50,0010R MORESQUARE FEET OF NONRESIDENTIAL FLOOR SPACE AND TO DELETE 5A1 AND 2; AMENDING SECTION 11.02.03 "REVIEW OF APPLICATIONS FOR MINOR SITE PLANS" TO PROVIDE FOR A CHANGE IN THE DIRECTOR'S TITLE AND TO PROVIDE FOR A DETERMINATION OF COMPLIANCE BYTHE DIRECTOR UNDER CONDITIONS AND EXCEPTIONS FOR THE APPROVAL OF MINOR SITE PLANS BASED ON EXISTING SITE CONDITIONS, LOCATION AND Underlined passages are added. -1- 5trvckthravgh• passages are deleted. POTENTIAL FOR IMPACT ON PUBLIC FACILlr1ES NATURAL RESOURCES AND PUBLIC SAFETY: AND PROVIDING FOR THRESHOLDS FOR MINOR _ - __ ADJUSTMENTS AND PROVIDING FOR CIRCUMSTANCES WHERE A DEVELOPMENT PERMIT MAY BE ISSUED WITHOUT A FORMAL APPLICATION FOR A MINOR ADJUST.MENT;AMENDING SECTION 11.02.04 "REVIEW OF APPLICATIONS FOR MAJOR SITE PLANS" TO ALLOW FOR THRESHOLDS FOR MINOR ADJUSTMENTS TO MAJOR SITE PLAN AND PROVIDING FOR CIRCUMSTANCES WHERE A DEVELOPMENT PERMIT MAY BE ISSUED WITHOUT A FORMAL APPLICATION FOR A MINOR ADJUSTMENT; AMENDING SECTION 11.02.09 SUBMITTALS FOR MINOR AND MAJOR SITE PLANS TO MODIFY THE REQUIREMENTS FOR AN ENVIRONMENTAL IMPACT REPORT TO ALLOW THE ENVIRONMENTAL RESOURCES DIRECTORTO AUTHORIZE RELIEF FROM THE REQUIREMENT OF AN ENVIRONMENTAL IMPACT REPORT; AMENDING SECTION 11.05.00 PROCEDURE FOR OBTAINING DEVELOPMENT PERMITS TO PROVIDE FOR A DETERMINATION OF COMPLIANCE BY THE DIRECTOR BASED ON THE IMPOSITION OF CERTAIN CONDITIONS OR EXCEPTIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE. ADOPTION AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made thefollowing determinations: On August 1,1990, the Board ofCounty Commissioners ofSt. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. Due to extraordinary and persistent economic conditions being experienced in St. Lucie County, the Board of County Commissioners hereby enacts into the St. Lucie County Land Development Code, a series of temporary modifications to certain standards to a number of Land Development Code sections. Within two years of adopting this measure, the Board shall evaluate the effectiveness and continued need for this ordinance. 4. No suspension, waiver, orexception is intended to affectany rule orregulation promulgated to protect the health or safety of St. Lucie County residents. Further, any suspensions or waivers are to be fully evaluated by the appropriate department staff to ensure that impacts are considered and appropriate standards implemented as part of normal development permit approvals. 5. This ordinance is intended to streamline, accelerate and reduce the initial cost of the approval process for certain projects thatthe Board has determined to be integral to improving the ability of businesses to open or expand in St. Lucie County. Underlined passages are added. 'Z- 5track-tkroagh~passages are deleted. ---6:-- The Board of County Commissioners has adopted certain amendments to the St. Lucie _._ County Land Development Code, through the following Ordinances: 91-003 March 14, 1991 91-021 November 7, 1991 93-001 February 16, 1993 93-005 May 25, 1993 93-007 May 25, 1993 94-018 August 16, 1994 95-001 January 10, 1995 97-001 March 4, 1997 97-003 September 2, 1997 99-002 April 6, 1999 99-004 August 17, 1999 99-005 July 20, 1999 99-016 September 7, 1999 99-018 November 2, 1999 00-011 June 13, 2000 00-013 June 13, 2000 02-005 June 24, 2002 02-020 October 15, 2002 03-005 October 7, 2003 04-007 April 20, 2004 05-01 March 15, 2005 05-004 August 2, 2005 05-013 November 8, 2005 05-023 September 20,2005 06-013 June 6, 2006 06-017 May 30, 2006 06-030 September 12, 2006 07-011 February 6, 2007 07-018 December 18, 2007 07-041 September 4, 2007_ OS-008 June 17, 2008 08-025 September 14, 2008 09-007 September 1, 2009 09-013 May 5, 2009 10-003 February 2, 2010 10-034 November 9, 2010 11-005 February 1, 2011 11-015 April 19, 2011 11-021 August 2, 2011 91-009 May 14, 1991 92-017 June 2, 1992 93-003 February 16,1993 93-006 May 25, 1993 94-007 June 22, 1994 94-021 August 16, 1994 96-010 August 6, 1996 97-009 October 7, 1997 99-001 February 2, 1999 99-003 August 17, 1999 99-005 July 20, 1999. 99-015 July 02, 1999 99-017 September 7, 1999 00-010 June 13, 2000 00-012 June 13, 2000 01-003 December 18, 2001 02-009 March 5, 2002 02-029 October 15, 2002 04-002 January 20, 2004 04-033 December 7, 2005 05-003 August 2, 2005 OS-007 January 18, 2005 05-016 August 16, 2005 06-005 April 18, 2006 06-022 July 18, 2006 06-018 May 30, 2006 06-047 December 5, 2006 07-015 May 1, 2007 07-032 November 6, 2007 08-004 March 11, 2008 08-012 September 12, 2008 09-003 January 20, 2009 09-012 May 19, 2009 09-025 October 6, 2009 10-026 September 7, 2010 10-036 December 21, 2010 11-012 August 2, 2011 11-017 June 21, 2011 7. On ____________, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Tribune at least 10 days prior to the Underlined passages are added. -3- S'fT Passages are deleted. hearing and recommended that the proposed ordinance,be approved. On _________, the Local Pla_nning .: Agency/Planning and Zoning Commission voted to recommend that the Board of County Commissioners _ - approve the proposed ordinance. 8: On _~______~_, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Tribune on ______________• 9. On _________~_, this Board held its second public hearing on the proposed ordinance after publishing a notice of such hearing in the Tribune on _____________• NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Chapter ii "DEFINITIONS" is hereby amended to read as follows: Vehicular Use Area Any area intended to support tracked or tired vehicles capable of self-propulsion. Vehicular Use Areas are ensineered and constructed to support repeated loadings of these vehicles. The construction must include an impervious surface Trailers et al that require another vehicle for propulsion are excepted For the purpose of calculatinsreguiredlandscapins privatedunesandpublicstreetsare_not considered vehicle use areas. PART B. Chapter III "ZONING DISTRICTS" is hereby amended to read as follows: Sections 3.00.00 through 3.01.01 remain unchanged. 3.01.02 ADMINISTRATIVE USE REGULATIONS FOR PERMITTED AND CONDITIONAL USES.' Section 3.01.02 ADMINISTRATIVE USE REGULATIONS FOR PERMITTED AND CONDITIONAL USES is amended to read as follows: 3.01.02. Administrative Use Regulations for Permitted and Conditional Uses. A. Forthe purposes ofclarifying and detailing the intent and purpose ofthe uses ofthe Zoning Districts in §§ 3.01.03(A) through 3.01.03(HH), the Plannins & Development Services Directorshall utilizethe Standard Industrial Classification (SIC) Manual (1987ed.), prepared bythe Executive Office of the President, Office of Management andBudget. B. Whenever a use is not specifically listed in Sections 3.01.03(A) through 3.01.03(HH) the Planning & Development Services Director shall make a determination as to whether the proposed use is of the same general type as identified in the Standard Industrial Classification Manual (1987 ed.), prepared by the Executive Office ofthe President, Office of Management and Budget. i•Fowever; When a proposed use is listed in another Section, the Director may make a determination whetherthe use mayalso be appropriate in anotherdistrict based upon an analysis of compatibility The analysis of compatibility shall include but not necessarily be limited to: Underlined passages are added. '4' ~* passages are deleted. traffic circulation parkins noise odor hodrs--ef aperatiorr buffers stormwater . ru_n-off or other determinations of impacts on nearby residences uses or districts Should the Director determine a proposed use is compatible in anotherdistrict future similaruse proposals in thesame district will have a presumption of compatibility. The remainder of Chapter 3 remains unchanged. PART C. Chapter VI "RESOURCE PROTECTION STANDARDS" is hereby am ended to read as follows: Sections 6.00.00 through 6.00.05 A "Removal of Native Vegetation"through 6.00.05 C "Vegetation Protection Standards During the Duration of an Approved Notice of Vegetation Removal" remain unchanged. 6.00.05 CRITERIA GOVERNING APPROVAL OF VEGETATION REMOVAL PERMIT. Section 6.00.05 DCRITERIAGOVERNIN6APPROVALOFVEGETATIONREMOVALPERMITisamendedtoread as follows: 6.00.05. Criteria Governing Approval of Vegetation Removal Permit. D. Mitigation. When native vegetation meetingthe m itigation size th resholds in Table 1 below has been approved for removal based on meeting one (1) or more of the above standards, the Vegetation Removal Permit shall only be used after an acceptable mitigation plan has been reviewed and approved by thef'a-bfit-Vtharics~Environmental Resources Director, orhis/her designee. Priorto the issuance of anyzoning compliance, certificate of capacity or other recognized. authorization for the commencement of the permitted development activity, the replacement vegetation shall be preserved, relocated, or planted, or the appropriate mitigation feesshall be paid to the County. Only nativevegetationshall beallowed to meet any required mitigation. The replacement vegetation shall be the same species as that which was removed, unless proven to be impractical, in which case, an alternative native species, approved by the ~kc~orks Environmental Resources Director, or his/her designee, shall be used. The quality and size of the replacement trees shall meet the minimum landscape requirements set forth in Section 7.09.03(E). The Environmental Resources Director may authorize substitutions and phased or lonser plantins schedulesthat meet the environmental and aesthetic intent ofthe Land Development Code as long as the total diameter-at- breast heisht requirement is still met allowins trees to be mitisated with native shrubs and herbaceous piailt iiiater iai5 at a ratio of one ('; ~~^" *^ +~.~^n+v_fnnr f~dl nna-aallnn plants. A waiver of all mitisation requirements shall require the approval of the Board of County Commissioners. The remainder of Chapter 6 remains unchanged PART D. Chapter VII' "DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS" is amended to read as follows: Underlined passages are added. -5- 5hvck-N~rvcrgk passages are deleted. Sections 7.00.00 through 7.05.03 H remain unchanged. Section 7.05.03 1 is amended to read as follows: Right-of-Way Dedication Requirements. 1. General Requirements. a. Any applicantfor a Development Orderfor property abutting a roadway designated on.theThoroughfare Network Right-of-Way Protection Plan shall dedicate sufficient land to accountforthe applicant's proportionate share oftheright-of-way deficiency identified in theThoroughfare Network Right- of-Way Protection Plan forthe proposed development. The County Engineershall determ ine the applicant's proportionate share by utilizingtheThoroughfare Network Right-of-Way Protection Plan,the Transportation Element of the St. Lucie County ComprehensivePlan, anytraffic information available in the County records, and any traffic analysis submitted by the applicant as part of the development order approval process or othervVise. 2. The County Engineer shall only require the' applicant to account for the applicant's proportionate share of the right-of-way deficiency identified in the Thoroughfare Network Right-of-Way Protection Plan, if the County Engineer determines, based on the transportation information available to him, that there is a reasonable connection between the required dedication and the anticipated need for right-of-way created by the new development. Subject to the County Engineer's determination of the applicant's proportionate share, any right-of-way deficiency shall be made up by dedication of equal amounts of land from each side of the centerline of the right-of-way, except where: a. A drainage canal right-of-way or a railroad right-of-way abuts one (1) side of the existing road right-of-way; or b. Morethan one-halfofthe required right-of-wayhas been provided bythe property owner on the opposite site of the right-of-way. 3. Compensation for Dedication. a. The applicant shall be entitled to receive compensation for the value of any land dedicated for right-of-way for roads on the Thoroughfare Network Right-of-Way Protection Plan that is not site related, and consistent with the provisions of Article III, Chapter 1-17, St. Lucie County Code and Compiled Laws. b. Compensation shall be given by either granting credits against road impact fees or by payment of cash as determ fined by the County. Compensation for the dedication ofright-of-way shall be valued at one hundred twenty percent (120%) of the most recent assessed value as determined by the county Property Appraiser. In the eventthatthe county cannot provide total compensation by the granting of credits against road impact fees, and in the event the county determines not to pay cash, the applicant shall dedicate an amount of land comparable in value to the percent of compensation provided. Underlined passages are added. -6- ~rpassages are deleted. 4. Method of Dedication. Once the extent of dedication has been d-eteK-a~i~ed'by the County Engineer, the applicant shall as a requirement of obtaining and prior to receiying_a Development_Order approval agree to convey the dedicated right-of-way to St. Lucie County free and clear of all liens and encumbrances. To the extent that the County determines that the County needs to obtain a title insurance commitment asketchandle~aldescriptionandaPhaselenvironmentalauditaspartofthededication,the County will pay those reasonable costs or otherwise reimburse or credit the applicant for these costs. Any right-of-way required in conjunction with the Site Plan approval shall be conveyed to St. Lucie County within ninety (90) days ofthe site plan approval or priorto the issuance of the first building permit, whichever comes first. 5. Appeals. Any decision made by the county Engineer pursuant to the provisions of this Section may be appealed to the County. Administrator in.accordance with Section 11.11.00. 1. Clearing and Grading. 1. Unless otherwise addressed through the site plan review process, a developer shall be required to clear all rights-of-way to their full width and to grade a II streets and alleys to an approved grade. Minimum width of shoulders shall be six (6) feet. 2. In lieu of clearing and grading as specified a developer may, with approval of the Board of County Commissioners, limit clearing to the width of paved surface and shoulders only and may install said improvements at any location within the right-of-way provided that: a. Area and right-of-way drainage can be accomplished to the satisfaction of the county engineer. b. The edge of pavement is located no closer tha n six (6) feet to the right-of-way line except .that where a utility easement is located parallel with and adjacent to the right-of-way line, the pavement edge may abut right-of-way line. c. The improvements serve a limited number of properties only. d. Notation is made on plat and restrictive covenants are recorded stating that the County assumes no responsibility for maintenance of unpaved portion of said right-of-way. K. Private Roads -Maintenance. For private roads, a developershall submit documents for review and approval which establish a homeowners association to maintain the private roads. The association documents shall be submitted concurrently with allfinal record plats. The dedication contained on the plat shall clearly dedicate the roads and maintenance to the association without recourse to St. Lucie county or any other public agency. The rights-of-way and related facilities shall be identified as tracts for road purposes under specific ownership. PART E. Chapter VII "DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS" is amended to read as follows: Underlined passages are added. -7- ~r passages are deleted. Section 7.05.04 is amended to read as follows: A. Sidewalks. 1. All rrevr residential developments required to obtain site plan approval located within the Urban Service Boundary and all rrerovnon-residential development above 6 000 square feet located within the unincorporated area of St. Lucie County and within the Urban Service Boundary are requ fired to design and construct sidewalks within the right-of-way of all streets and roadways that abut or lie within the perimeter of the-property. 2. New sidewalks must be a minimum of six (6) feet side along streets classified as collectors and arterials. 3. Local street requirements are baseduponlocalneedsandexistingconditions.Local streets shall have sidewalks five (5) feet wide along one (1) or both sides of the street as deemed necessary during the County's development review process. 4. All new sidewalks shall be constructed ofconcrete, brick pavers or other materials acceptable to St. Lucie county. All construction must conform to Florida Department of Transportation and/or St. Lucie County standards. a. All sidewalks on internal private roads shall connect with the sidewalks in the abutting public right-of-way. b. The County Engineer may authorize a modification in sidewalk width to protect existing trees or to accommodate existing utilities. In no case shall sidewalks be less than four (4) feet. c. The Development Review Committee (DRC) as part of the site plan review process shall document any exemption of a development project from constructing specific sidewalk segments based on physical constraints such as proximity to drainage canals or structures where the construction of the particular sidewalk segment would result in a disproportionate burden on the development. d. Sidewalks shall be constructed around the perimeter of a cul-de-sac. e. All sidewalksand ramps shall conform to the latest requirements published in the most recent edition of the Americans With Disabilities Act (ADA) Accessibility Guidelines. f. Thedeveloperwillbearthecostfordesignandconstructionofthesidewalk. Sidewalks on private property must be maintained bythe developer, property owner's association orother entity as approved bySt. Lucie County throughtheoperation and maintenance covenants ofthe community, subdivision association or other recognized managemententity. St. Lucie Countyshall maintainallsidewalks located within County maintained public rights-of-way unless otherwise agreed to through specific maintenance agreements. Underlined passages are added. -8- ~' passages are deleted. g. Multi-Use Paths (ten (10) to twelve (12) feet wide) may be required for - - those developments that are subject to the sidewalk construction requirements set out in Section 7.05.04 A.1 by the County in place of sidewalks when the multi-use path would be part of the adopted area-wide bicycle/pedestrian system or Greenways and Trails plan. 1 Multi-Use Paths (ten (10) totwelve (12) feetwide) may be reauired on the following arterials or collectors Iyins outside the Urban Service Boundarv: a. Midway Road b. Orange Avenue c. Shinn Road d. Okeechobee Road e. Ranseline Road f. Glades Cut-Off Road ~. Ansle Road h. Indrio Road 2 Multi-Use Paths may be required on arterial orcollector roads Ivina within the U rban Service Boundarv in place of sidewalks if the followine criteria is met as determined bythe County Ensineer: a. The Multi-Use Path should be supported and desired by the adjacent property owners. b. The existing or proposed risht-of-way should accommodate the construction of the Multi-Use Path together with all reauired drainase improvements associated with the addition of the impervious surface. c. The proposed Multi-Use Path will connectto an existing or proposed Multi-Use Path. The Board of County Commissioners shall authorize total or partial relief from the requirements of sidewalk and/or Multi-Use Path construction if it finds, after receiving the recommendation ofthe Development Review Committee and based on conditions peculiartothe proposed development, that the proposed sidewalk construction is not in the best interest of the County, the applicant shall pay afee-in-lieu to the County for sidewalk and/or construction. If the fees are not used to desien, acauire needed riPht-of-wav_or construct sidewalks within ten (10) years from the date of payment, the developer may request a refund, ************ Sections 7.05.04 B through Section 7.05.10 remain unchanged. PART F. Chapter VII "DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS" is amended to read as follows: 7.06.00. OFF-STREET PARKING AND LOADING Underlined passages are added. -9- 5trvckthravyk passages are deleted. - - - - 7.06.01. Generally. A. Purpose. The requirements of this Section are intended to insure 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 streets and promoting the safety and welfare of the public. B. Existing Uses/Changes in Use. Buildings or structures existing as ofthe effective date of this Code may be modernized, altered, or repaired without providing additional off-street parking or loading facilities, provided there is no increase in floor area or capacity and no change of use. Except that when building alterations consist of an expanded entry or vestibule, or increased storage area not occupied by employees, customers, or other persons, the expansions may be permitted without additional parking so long as the total increased floor area does not exceed teyr-p~~cent{~9`X~'twenty-five percent (25%) of the gross floor area of the building prior to the alterations. Effective March 1, 1999, any change in use to an existing building or structure, will require that all on-site parking and loading facilities be brought into full compliance with the provisions ofthis Code, except as otherwise provided here in Section 7.06.00, as it may be amended from time to time. `"-;,TCu . . .All otherrequirementsofthisCoderelatingto , stormwater management shall be met, unless varied in accordance with the provisions of Section 10.00.00 ofthis Code. Forthe purposes ofthis Section, "changein use" shall mean any change in use or activity that requires the issuance of a new zoning compliance. The provisions of this paragraph shall not apply for those changes in use interior to a common shopping center or similar multi- user building or structure provided that no additional parking. is required by the proposed change in use. Parkins surface landscapins chances in use and zoninc complianceare subiecttothe provisionsofthis Code as amended by Ordinance No. 12-003. C. Expansion of Structure. The proposed expansion in 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 existing and new or expanded structures, except as otherwise provided here in Section 7.06.00. Underlined passages are added. -1~- 5trarktkrovgirpassages are deleted. D. Requirement for all Weather 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 a ndoff-street loading areas constructed, expanded or a Itered after M arch 1, 1999, sh all be constructed with an all weather surface meeting the requirements of the St. Lucie County Public Works Department. The permitted impervious surface materials shall be concrete, asphalt, brick pavers stamped concrete, or paving block. Pervious paving systems and grass paving systems shall be permitted 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 listofcommercially available pavingsystemsof pervious and impervious paving materials that are approved for use. The County Engineer shall approve design material and specifications on each site. E. Nonconforming Uses. When repairs and alterations are to be made in a building occupied by a nonconforming use, all off-street parking requirements contained in this Code shall be met if the cost of repairs and alterations exceed fifty percent (50%) of the assessed value of the building and structures. F. Administrative Relief. The Plannins & Development Services Directors a~rthrrn-itpto may grant administrative relief from the parking standards or the required amount of all weather surface for offstreet parkins and vehicle use areas including vehicular use areas (Small Business <6000 square feet) based upon +dtre-tv a written request for such administrative relief and an analvsis submitted by the applicant The analvsis must demonstrate that the numeric amount of required parkins orthe required amount of all weather surface for offstreet parkins and vehicle use areas is unnecessarv or not practical to construct because of conditions that are unique and peculiar to the site or conditions that would result in unnecessarv hardship for the owner lessee or occupant as opposed to m ere inconvenience and that the conditions are created by the resulations 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. The Countv Ensineer shall review the request for administrative relief from the all- weather parkins surface requirements and provide the Plannins & Development Services Director with- a written recommendation based on the standards set out in this section. The Countv Ensineer may require the applicant to provide an ensineered solution to any adverse impacts that the request for a waiver may create. If it is determined by the Plannins & 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 ofthe existing parcel,the Plannins & Development Services Director may grant adm inistrative relief, subjectto determining consistency with the Standards of Review set out in Section 10.01.02, to the number of parking stall width or parking spaces to be required. Any such 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 reliefthat is made bythe Plannins & Development Services Director shall be recorded in the public records of St. Lucie County. Underlined passages are added. -11- 5trvcktfrrovgfrpgssages are deleted. _._ __ Sections 7.06.02 through 7.09.04 D remain unchanged. PART G. Chapter VII "DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS" is amended to read as follows: Section 7.09.04 E is amended to read as follows: E. Landscaped Buffer Areas Between Non-Residential or Residential Structure(s) Housing Three (3J or More Dwelling -Units and Single-Family or Two-Family Residential Uses, All side and rear yard perimeter bufferareas between non-residential or residential structure(s) housingthree (3) or more dwelling units and single family ortwo 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 percent (40%) 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 f~a~c~horlcs Environmental Resources Director. All fences or walls shall be treated with ananti-graffiti surface treatment. It shall be the responsibility ofthe property owner to removal any graffiti that may be applied to the wall or fence. In addition, the ownershall be responsible forthe 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 requirementforthisperimetermasonrywalloropaquewood fence may be waived by the Environmental Resources Director if it is shown to the satisfaction ofthe Environmental Resources Directoreitherthattheadjoiningproperties owners have signed a consent that indicates their desire not t.o have the required masonry wall or opaque wood fence constructed along their property line, or that the $o~n-cF Environmental Resources Director determines that a waiver is• necessary to preserve any significant, protected or historic native vegetation. In the event that any such consent is issued, the owner of the property on which the nonresidential development is taking Ip ace shall ~' need to comply with the standards of Section 7.09.04(8) of this Code as those standards relate to perimeter screening. All other landscaping provisions of this Code shall apply as applicable. Underlined passages are added: -12- 5tr~ck-N~ravgir passages are deleted. Pedestrian access through anywall or fence may be permitted, however, the wall or fence shall be placed so that adequate sight distance at the pedestrian access is maintained. Any wall or fence constructed adjacent to a public or private street right-of-way shall be designed and constructed so that the wall face facingthe street orroad is articulated in such manneras notto result in a continuousflat wall surfacefacing the street or road right-of-way. Figure 7-31 generally depicts the placement of a fence or wall along a public or private street right-of-way. Forthe purpose ofthis section, non-residential uses shall not include any permitted or accessory use located, in the institutional (I) or Religious Facilities (RF) Zoning District, except that a perimeter buffer area,between any residential zoning district and a permitted or accessory use in the Institutional (I) or Religious Facilities (RF) Zoning District, shallconsist ofa landscaped m asonry wall, opaque wood fence, hedge or other durable landscaped barrier of at least six (6) feet in height that forms a continuous screen between the uses. If a masonry wall or other non-living material screen is used to provide this required buffer, the masonry wall or other non-living material screen shall be landscaped with a continuous hedge along the base of the wall and with one (1) tree for each thirty (30) linear feet or major fraction thereof of wall length. All required perimeter landscaping shall be located along the outside of the wall. It shall be the responsibility of the property owner to maintain all landscaping along the outside edge of any wall consistent with the requirements of this Code. If vegetative landscape screens are installed, they shall be required to form a solid visual screen at time of planting. When existingvegetation isinadequate tofunction as avisual screen, it shall be augmented by two (2) staggered rows of shrub material at least six (6) feet in height. To the extent permitted underSection 7.09.03(E)(7) ofthis Code, theorksEnvironmental Resources Director shall encourage the use of preserved native vegetation as meeting the intent and requirements of this Section. when making such a determination, the -~Atarks Environmental Resources Director shall attach a report to the building plans or development permits, with supporting photographs or other accepta ble docu mentation, that indicates how the existing nativevegetationmeets the intent ofthis Section. The fairFic-+/drnks Environmental Resources Director may require a conservation easement or similar restrictive covenant, if the easement or covenant is necessary to ensure compliance with the terms of this section. Any developer seeking to utilize the provisions of Section 7.09.03(E)(7) to m eet the requirements ofthis Section shall be required to maintain this native preserve area in perpetuity. If this preserve area is eversubstantiallyaltered orremoved sothatitno IongermeetstheintentofthisSection,the developershall be required to meet in the screening requirements ofthis Section. The provisions of this Section, excluding the maintenance requirements may be vv-a-itiec~or varied by the Environmental Resources Directorforany minoror major site plan, Planned Development Project (PU D, PNRD, or PMU D) if it shown through the Preliminary and Final Development Plan review process that the intent ofthis Section is being complied with and thatall otherapplicableprovisions ofthis Code are being met. A waiverof the provisions of this section shall require the approval ofthe Board of Countv Commissioners. Section 7.09.04 F through Section 7.09.04 N remain unchanged. 0. Administrative Relief from the Provisions of this Section. The Environmental Resources Directormay allow alternative landscaping ~#where it is determined based upon a showing bythe applicant for any Final Development Order, that a literal application of these regulations Underlined passages are added. -13- 5traek-Nrrovgk passages are deleted. will not meet the general spirit and intent of th.isrCode_a§ a resu t of use, traffic patterns, drainage or other The alternate landscapeproposal issues of configuration; h~e-slr~•H-Irerm-itam'_ _ .mavincludechangestospecies plant sizes landscape area dimensions quantities. lantin schedules and suret re uirements• as lon as the overall ro'ect meets the envlronmental enhancementand aesthetic intent ofthe Land Development Code and the alternatives provide comparable visual and/ornoise screening. Any area landscape plan submitted as an alternatlve shall be designed In such a manner thatthe alternate.landscape area and the amount of material provided equal the amount that was originally required unless it is determined by the Environmental Resources Director that additional landsca in is re uired for that alternative to meet the minimum visual and nolsescreening reauirementsand environmental and aesthetic intent ofthe_Land Development Code. TheEnvironmentalResourcesDirectorma solicit comments fromad'olnln ro ert owners for alternatlve screening proposals. Section 7.09.05 thru Section 7.10.16 Q2d remains unchanged. PART H. Chapter VII "DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS" is amended to read as follows: Section 7.10.16 Q 2 e is deleted as follows: ~. ************ The remainder of Section 7 remains unchanged. PART I. Chapter XI."ADMINISTRATION AND ENFORCEMENT" is amended to read as follows: Sections 11.00.00 through 11.00.02 remain unchanged. Section 11.00.03 Notice. Notice of all public hearings which are required by a provision of this Code shall be given as follows, unless expressly stated otherwise: A. Content of Notice. Every required notice shall include: the date, time, and place of the hearing or appeal; a description of the substance ofthe subject matter that will be discussed at the hearing or appeal; a location description ofthe properties directly affected including the street address when available; a statement of the body conducting the hearing; the title of the proposed ordinance or resolution -14- 5truclrHrrovg+rPgssages are deleted. Underlined passages are added. -- to be-corsidered (if applicable) and the place or places in the County where such ordinance or resolution __ may be inspected by the public; a brief statement of what action the body conducting the hearing is authorized to take; a statement that interested parties may appear at the public hearing and be heard with respect to the proposed action; and a statement that the hearing may be continued from time to time as may be necessary. Sections 11.00.04 through 11.02-01 remain unchanged. Section 11.02.02 Designation of M inor Site Plan, MajorSite Plan, orPlanned 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 Site Plan according to the criteria below_ B. Minor Site Plan. A proposed development shall be designated as a Minor Site Plan if it is: 1. Any division of land into less than ten (10) parcels but more than two (2) parcels in accordance with the provisions of Section 11.03.00. 2. Any multi-family residential development of less than fifty (50) units,that does not ilivolve platting. 3. Any nonresidential use, including additions to.existing structures of 6,000 to~93g 50.000 square feet. 4. Any nonresidential use, less than x#;4'19 50.000 square feet, that provides drive- through or walk-up services. 5. Any nonresidential use, less than x$;49950,000 square feet, that provides for the retail sales of motor or heating fuels. 6. Any commercial lodging establishment 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 into ten (10) or more parcels, in accordance with the provisions of Section 11.03.00. 2. Any multi-family residential development of fifty (50) or more dwelling units. 3 Fiftythousandandone(50,001)ormor.esquarefeet of non-residential floor space. Underlined passages are added. -15- ~+' passages are deleted. 4. All commercial lodging establishments have six (6) or-mare-untsavailable for rent or lease. __ _ 5. Any development of land- 1. ~- ir, ildwheretheproposeddevelopmentshouldbemorethoroughlyconsidered and reviewed because of its location or potential for im pact on publicfacilities, natura I resources and public safety. Section 11.02.03 -Review of Applications for Minor Site Plans A. General Procedures. 1. An application fora Minor Site Plan shall be submitted to the Plannins and Development Services Director in a form established by the Director along with an applicable fee as established in Section 11.12.00. 2. .Within twenty (20) working days of receipt of the Site Plan, the Director shall: a. Determine thatthe application is complete and forward the application to the Development Review Committee for further review; or b. Determine that the application is incomplete and inform the applicant in writing of the missing components. The developer may submit a revised application within thirty (30) working days without payment of any additional processing fee. If more than thirty (30) days have elapsed before the applicant resubmits the application, the applicant shall be required tore-initiate the review process and pay an additional fee, as identified in Section 11.12.00 of this Code. An application shall be determined to be complete only if the required submittals of Section 11.02.09 are provided. 3. The Development Review Com mittee shall review the application for Site Plan and shall determine whether the application complies with the requirements of this Code within twenty (20) working days. In reviewing the application and making a determination of compliance, the Development Review Committee shall use the standards in Section 11.02.07. 4. After the completion of the review by the Development Review Committee, the Chairman of the Development Review Committee sha)I: Underlined passages are added. -16- Strcrek-thraagi*psssages are deleted. a:---=R-ec~minend that the Planning and Development Services Director determine that the application complies with the standards of Section 11.02.07; or b. Inform the applicant and the Plannins and Development Services Director in writing ofthe deficiencies ofthe application. The applicantshall notifythe Plannins and Development Services Director within thirty (30) working days of this notice of deficiency of his/herintentto addressthe cited deficiencies. The applicant shall have a maximum of 120 days to respond to the cited deficiencies without payment of anyadditional processing fee. Upon the applicant's response to the cited deficiencies, the revised applicant shall be reviewed bythe Development Review Committee pursuant to Section 11.02.03(A)(3) and (4). If the applicantfails to respond to the cited deficiencies within 120 days, the applicant must thereafter reinitiate the review process and pay an additional fee, as identified in Section 11.12.00 of this Code. Approval Procedure for all Minor Site Plans: a. The PlanninsandDevelopment5ervicesDirectorshall, within five working days following the receipt of the recommendation of the Development Review Comm ittee, issue a decision approving, approving with conditions, or denying the application based upon the requirements of this Code. b. Proposed development may be determined to be in compliance with the provisions of this Code and the St Lucie County Comprehensive Plan by the Plannins and Development Services Director under certain conditions or exceptions in consideration ofexistine site conditions, location and potential for impact on public facilities natural resources health and public safety. In such case, the Director or designee shall provide a written statement recorded in the public records of St. Lucie County settins forth the conditions or exceptions that may include landscapins, parkins, architectural standards or other site specific issues. B. Appeals. Any final action by the Plannins and Development Services Director in accordance with this Section maybe appealed to the Board ofAdjustment in accordance with the provisions of Section 11.11.01(B)(3). C. Minor Adjustments to Minor Development Site Plans. The Plannins and Development Services Director may authorize minoradjustmentstotheapprovedMinorSitePlan. Such minor adjustments shall be consistent with the intent and purpose of the St. Lucie County Comprehensive Plan, the standards and requirements of this Code, and the development as approved, and shall be the minimum necessary to overcome the particular difficulty. Such minor adjustments shall be limited to the following: Increasing any dimension of any one (1) structure by not more than twenty-five percent (25%); or Altering the location of any one (1) primary structure or group of primary structures by not more than fifty (50) feet; or Underlined passages are added. -17- 5hvrktrnvc~k passages are deleted. Altering the net density of any one (1) stage or phase by not more than ten percent _ _ _ _; (10%); or 4. Altering the location of any circulation element by not more than fifty (50) feet. The relocation of any circulation element by more than fifty (50) feet will be considered a major adjustment unless the relocation results in a reduction of impervious surface area; or Altering the location ofany open space by not more than fifty (50) feet; or 6, Reducing the total amount of open space by not more than five percent (5%) or reducing the.yard area or open space associated with any single structure by not more than five percent (5%); or Altering the location, type, or quality of landscaping elements. 8. The addition orrelocation ofany accessory structure or.use so long as the proposed addition or relocation does not conflict with any portion ofany required open space, building separation requirements or other provisions of this Code. 9 The Planning and Development Services Director may approve other proposed alterations that do not exceed anv of the thresholds listed above as a Minor Adiustment. D A Development Permit may be issued for the followins without submitting a formal application for Minor Adiustment to a Minor Development Site Plan issued pursuant to this Code: 1 The alteration ofor addition to an existins structure or impervious surfacearea less than 200 square feet that is otherwise in compliance with the applicable provisions of this Code. 2 The erection of a sisn on a previously developed site independent of anv other development activity on the site. 3 The re-surfacins of a vehicular use area that conforms to all requirements of this Code. ~E. Major Adjustments to Minor Site Plans, any other adjustment, including the cumulative effects of separate minor adjustments made since July 1,1984, to an approved minor site plan shall require approval by the Plannin>; and Development Services Director of a new Minor Site Plan subject to the standards of this Code. Section 11.02.04 -Review of Applications for Major Site Plans. Section 31.02.04.A, General Procedures and 11.02.04.6, Appeals, remain unchanged. Section 11.02.04.C is amended to read as follows: Underlined passages are added. -18- ~* passages are deleted. C. Minor Adjustment to Major Site Plans: - _- -_ ___ 1. Planning and Development Services Director may authorize minor adjustments to the approved M ajor Site Plan. Such minor adjustments shall be consistent with the intent and purpose of the St. Lucie County Comprehensive Plan, the standards and requirements of this Code, and the development as approved, and shall be the minimum necessary to overcome the particular difficulty. Such minor adjustments shall be limited to the following: a. I ncreasing any dimension of any one (1) structure by not more than twenty- five percent (25%); or,' b. Altering the location ofanyone (1)Structure orgroup ofstructures by not more than one hundred (100) feet; or, c. Altering the net densityof any one (1) stage or phase by not more than ten percent (10%); or, d. Altering the location of any circulation element by not more than fifty (50) feet. Relocation of any circulation element by more than fifty (50) feet will be considered a major adjustment unless the relocation results in a reduction in impervious surface area; or, e. Altering the location of any open space by not more than fifty (50) feet; or, f. Reducing thetotalamountofopenspacebynotmorethanfivepercent(5%) or reducing the yard area or open space associated with any single structure by not more than five percent (5%); or, g. Altering the location, type, or quality of landscaping elements. h. The addition or relocation of any accessory structure or use so long as the proposed addition or relocation does not conflict with any portion of any required open space, building separation requirements or other provisions of this Code. i. The PlanninsandDevelopmentServicesDirectormay approve other proposed alterations that do not exceed anv of the thresholds listed above as a Minor Adiustment. 2 A Development Permit may be issued forthe followins without submittinpa formal application for Minor Adiustment to a Maior Development Site Plan issued pursuant to this Code: a The alteration of or addition to an existing structure or impervious su rface area less than 200 square feet that is otherwise in compliance with the applicable provisions of this Code. b The erection of a sisn on a previously developed site independent of any. other development activity on the site. Underlined passages are added. -19- ~r~aag•k passages are deleted. c There surfacing of a vehicular use area that conforms to all reauirements of this Code. Z3. Notice of the authorization of such minor adjustments shall be provided to the Board of County Commissioners. D. MajorAdjustmentstoMajorDevelopmentSitePlans.Anyotheradjustmenttotheapproved site plan shall be considered a Major Adjustment and shall be granted onlyupon application to and approval by the Board of County Commissioners. The review and processing procedures for the major adjustment review shall be consistent with Section 11.02.04(A). Sections 11.02.05 through Section 11.02.08 remain unchanged. PART 1. Chapter XI "ADMINISTRATION AND ENFORCEMENT" is amended to read as follows: Section 11.02.09 A. 1. through 4. remain unchanged. Section 11.02.09 A. 5. is amended to read as follows: Environmental Impact Report: Applicability: 1. Whenever a submission of a site plan is required, an environmental impact report shall be provided if the proposed development meets any of the following: a. the property is ten (10) acres or over; b. the property, regardless of size, contains any wetland or; c. the property is identified on the "Inventory of Native Ecosystems for St. Lucie County," or; d. the proposed development is located in whole or part within the One Hundred (100) Year Flood Plain, or; e. the property is located anywhere on North or South Hutchinson Island. 2. The Environmental Resources Director shra-I~ may authorize total or partial relief from the requirement of an Environmental Impact Report (EIR)' , . Documentation shall be provided bythe applicant requesting relieffrom the EIR The applicant shall demonstrate that based on conditions uniqueto the proposed development all of the information foregone bvsuch relief is not needed to determine environmental impact of the proposed development. Underlined passages are added. '20- 5tradrtkrovgir passages are deleted. The remainder of Section 11.02.09 remains unchanged. PART K. ChapterXl "ADMINISTRATION AND ENFORCEM ENT" is amended to read as follows: Section 11.05.00 is amended to read as follows: A. General. No erection, alteration, construction, reconstruction oranytype of development within the unincorporated areas of St. Lucie County involving a building, structure, paved parking area, driveway connection, or impact upon a protected natural habitat, is authorized without first obtaining all necessary Development Permits in accordance with the provisions of this Section. B. Certificates of Zoning Compliance. 1. General. A Certificate of Zoning Compliance shall be required priorto the issuance of any occupational license or Development Permit required by this Section. 2. Purpose. The purpose for issuing a Certificate of Zoning Compliance is to ensure thatall proposed development and use activities within the unincorporated area of St. Lucie County comply with the provisions ofthis Code. Procedure. a. Upon application fora Development Permit or use authorization, the Planning and Development Services Director shall determine whether such application complies with the provisions of this Code and the St. Lucie County Comprehensive Plan. b. If the Planning and Development Services Director determines the proposed development activity or use complies with the provisions ofthis Code a nd the St. Lucie County Comprehensive Pln, he shall issue a Certificate of Zoning Compliance. c. If the Planning and Development Services Director determines that-the proposed development activity or use would be in compliance with the provision ofthis Code and the St. Lucie County Comprehensive Plan if certain conditions or exceptions were imposed, the Director or his designee sha II include in the Certificate of Zoning Compliance the conditions or exceptions that may include landscaping parking architectural standards and other site specific issues. d z. If the Planning and Development Services Director determines thatthe proposed development activity or use does not comply with the provisions of this Code or the Comprehensive Plan, the application shall be returned to the applicant accompanied by a written statement setting forth the provisions of this Code or the Comprehensive Plan with which the application does not comply. Underlined passages are added. -21- ~rpassages are deleted. PART L. 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 M. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART N. SEVERABILITY. Ifany portion ofthis 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 the ordinance or any provision thereof sha II be-held to be in applica ble to any pe rso n,property, or circum stan ce, su ch hold ing sha II not affect its applicability to any other person, property, or circumstance. PART 0. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy ofthis ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART P. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART Q. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Dzadovsky XXX Vice Chairman Tod Mowery XXX Commissioner Frannie Hutchinson XXX Commissioner Chris Craft XXX Commissioner Paula A. Lewis XXX PART R. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts K through Q shall not be codified. Underlined passages are added. '22' ShvrkthroagiT passages are deleted. PASSED AND DULY ADOPTED this_____ day of _-________ 2012. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA _ BY: ----------- Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: -------------------- County Attorney Underlined passages are added. -23- 5twckthrovgh passages are deleted. Item No. 3 `' ~ SOLID WASTE DIVISION ~ - ~ __ MEMORANDUM 12-007 TO: Board of County Commissioners VIA: Faye W. Outlaw, MPA ~~ County Administrator FROM: Ron Roberts ~„J Solid Waste Division Director DATE: March 7, 2012 RE: City of Fort Pierce: Transfer of Solid Waste The City of Ft. Pierce began hauling their City generated waste to the Waste Management Facility in Okeechobee on March 1, 2012. It appears as though the decision to cease using the County Landfill as the City's disposal provider was based on a tipping fee that included only disposal versus the County tipping fee which includes several items in addition to disposal.- The resulting financial impact of this action on the Solid Waste Division will be a loss of approximately $1,000,000 annually in tipping fee revenue. In addition to disposal, the County tipping fee includes the following: 1. Free household hazardous waste disposal for residential properties. City residents can currently deliver their household hazardous waste to the Baling and Recycling Facility for proper disposal free of charge. The average cost to the County, per delivery, is approximately $20.00. To avoid causing other rate payers to subsidize services provided to City residents I recommend placing a flat fee of $20.00 per delivery on the residents of Ft. Pierce participating in the program. 2. Small Quantity Generator (SQG) inspection program for commercial generators of hazardous waste. State law requires that 20% of potential generators be inspected annually to determine the type, quantity, and method of disposal for such wastes. This information is transmitted to the State on an annual basis. a. The funding for the SQG program can be derived from tipping fees, an annual surcharge placed on the business tax roll, or the City funding the program. b. I recommend turning the inspection process over to the City, since the City no longer uses the County's system, as the preferred option. 1 3. Free annual disposal of up to fifteen tons of class one waste per non-profit organization, for community oriented activities, with County Administrator approval. I recommend ceasing this program for businesses located within the City. The City could negotiate with their new disposal provider to offer these services. 4. Promotional and educational advertising on relevant solid waste issues. The Solid Waste Division historically provided educational ad campaigns for all county residents and businesses on solid waste issues such as holiday hours, commercial recycling, household hazardous waste disposal and hazardous waste disposal. In addition the Solid Waste Division provided critical pre and post disaster advertising for all county residents and businesses. I recommend that we discontinue any of these activities concerning businesses or residents of the City of Fort Pierce. 5. The Solid Waste Division currently provides funding towards the salary of an Environmental Education Specialist for all County students through the Oxbow Center. 6. When solid waste is delivered to the Waste Management Facility in Okeechobee it is landfilled without any pre-processing for recycling. Waste delivered to the St. Lucie County Baling & Recycling Facility is pre-processed to remove prohibited materials (propane cylinders, waste tires, etc.) and recover materials for recycling such as wood waste, cardboard, ferrous and non-ferrous metals and certain plastics. This is done in an effort to comply with State law regarding targeted recycling goals. 7. All St. Lucie County businesses and residents have been provided free end of life electronics disposal/recycling. The program has been in place for more than six years. I recommend that we cease accepting these items from Fort Pierce residents and businesses. City. leaders were informed of the above information as part of the County's presentations at the City Commission meetings and in discussions with City staff. All of the services provided by the St. Lucie County Baling and Recycling Facility are funded through tipping fee revenues. If the Board determines not to implement the proposed recommendations, future rates would need to be increased to subsidize those participating and not funding the program. Raising the tipping fees would be extremely problematic as we have executed Interlocal Agreements with Port St. Lucie and the Town of St. Lucie Village agreeing to not increase tipping fees for a period of five years. RR:dls C: Lee Ann Lowery, Assistant County Administrator Don West, Public Works Director 2