HomeMy WebLinkAboutMarch 13, 2012 Budget Workshop Agenda PacketAGENDA
TUESDAY, MARCH 13, 2012
9:00 A.M.
INFORMAL MEETING
1. CALL TO ORDER - COMMISSIONER DZADOVSKY, CHAIRMAN BOARD OF COUNTY COMMISSIONERS
2. DRAFT ORDINANCE NO. 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 34982
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 swom 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 No. 2
Planning and Development
. Services Department
MEMORANDUM
TO: Board of County Commissioners
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
9 A BOCC adoption hearing on May 15, 2012
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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
LESSTHAN 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 AND TREES 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 FeRVEHIehE USE AREASTHAT EXPANSIONS MAY BE PERM ITTED
WITHOUT ADDITIONAL PARKING IF THE INCREASED FLOOR AREA DOES
NOT EXCEED 25% OF THE PRIOR FLOOR AREA; PROVIDING THATPARKING
SURFACE, LANDSCAPING, CHANGES IN USE AND ZONING COMPLIANCE
ARE SUBJECT TO THE PROVISION OF THE CODE AND TO CLARIFY THE
ADMINISTRATIVE 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 11.02.02E"DESIGNATION OF MINOR
SITE PLAN, MA10R 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 MAJOR SITE
PLANS ARE DEFINED AS A DEVELOPM ENT WITH 50,001 OR MORE SQUARE
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- 5tme.11... 61, passages are deleted.
POTENTIAL FOR IMPACT ON PUBLIC FACILITIE `: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 ADJUSTMENT; 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
OFAN 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 the following
determinations:
On August 1, 1990, the Board of County Commissioners of St. 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 isintendecitoaffect any rule orregulation promulgated
to protect the health or safety of St. Lucie County residents. Further, any suspensions or waivers are to ue
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 that the Board has determined to be integral to improving the ability
of businesses to open or expand in St. Lucie County.
Underlined passages are added. -2- 00911 passages are deleted.
b- 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
91-009
May 14, 1991
91-021
November 7, 1991
92-017
June 2, 1992
93-001
February 16, 1993
93-003
February 16,1993
93-005
May 25, 1993
93-006
May 25, 1993
93-007
May 25, 1993
94-007
June 22, 1994
94-018
August 16, 1994
94-021
August 16, 1994
95-001
January 10, 1995
96-010
August 6, 1996
97-001
March 4, 1997
97-009
October 7, 1997
97-003
September 2, 1997
99-001
February 2, 1999
99-002
April 6, 1999
99-003
August 17, 1999
99-004
August 17, 1999
99-005
July 20, 1999
99-005
July 20, 1999
99-015
July 02, 1999
99-016
September 7, 1999
99-017
September 7, 1999
99-018
November 2, 1999
00-010
June 13, 2000
00-011
June 13, 2000
00-012
June 13, 2000
00-013
June 13, 2000
01-003
December 18, 2001
02-005
June 24, 2002
02-009
March 5, 2002
02-020
October 15, 2002
02-029
October 15, 2002
03-005
October 7, 2003
04-002
January 20, 2004
04-007
April 20, 2004
04-033
December 7, 2005
05-01
March 15, 2005
05-003
August 2, 2005
05-004
August 2, 2005
05-007
January 18, 2005
05-013
November 8, 2005
05-016
August 16, 2005
05-023
September 20,2005
06-005
April 18, 2006
06-013
June 6, 2006
06-022
July 18, 2006
06-017
May 30, 2006
06-018
May 30, 2006
06-030
September 12, 2006
06-047
December 5, 2006
07-011
February 6, 2007
07-015
May 1, 2007
07-018
December 18, 2007
07-032
November 6, 2007
07-041
September 4, 2007
08-004
March 11, 2008
08-008
June 17, 2008
08-012
September 12, 2008
08-025
September 14, 2008
09-003
January 20, 2009
09-007
September 1, 2009
09-012
May 19, 2009
09-013
May 5, 2009
09-025
October 6, 2009
10-003
February 2, 2010
10-026
September 7, 2010
10-034
November 9, 2010
10-036
December 21, 2010
11-005
February 1, 2011
11-012
August 2, 2011
11-015
April 19, 2011
11-017
June 21, 2011
11-021
August 2, 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- 5trarklhroTrgiT passages are deleted.
hearing and recommended that the proposed ordinance.be approved. On ---- _----- the LocaFPla_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 engineered and constructed to support repeated loadings of these vehicles. The
construction must include an impervious surface Trailers et al that require another vehicle forpropulsion
are excepted Forthe purpose of calculating required landscaping private dunes and public streetsare 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 ADM IN I STRATIVE USE REGULATIONS FOR PERMITTED AND CON DITIONALUSES is amended
to read as follows:
3.01.02. Administrative Use Regulations for Permitted and Conditional Uses.
A. Forthe purposes of clarifying and detailing the intent and purpose ofthe uses of the Zoning
Districts in §§ 3.01.03(A) through 3.01.03(HH), the 6, ovvth Managenient Planning & Development Services
Director shall utilize the Standard Industrial Classification (SIC) Manual (1987 ed.), prepared bythe Executive
Office of the President, Office of Management and Budget.
B. Whenever a use is not specifically listed in Sections 3.01.03(A) through 3.01.03(HH) the
Planning & Development Services Directorshall 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 bythe Executive Office of the President, Office of Management and Budget. Hovv ever,
this Section does nut atithu, i4e includin vhwcIj ztich t,5,= llot listed when such
When a proposed use is listed in another Section, the
Directormav 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- li—g* passages are deleted.
traffic circulation parkins noise odor hoars of o-peratiorr buffers stormwater run-off, or other
determinations of impacts on nearby residences uses or districts Should the Director determine a proposed
use is compatible in anotherdistrict future simila ruse proposals in the same district will have a presumption -
of compatibility.
The remainder of Chapter 3 remains unchanged.
PART C. Chapter VI "RESOURCE PROTECTION STANDARDS" is hereby amended to read as follows:
Sections 6.00.00 through 6.00.05 A "Removal of Native Vegetation"th rough 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 D CRITERIA GOVERN ING APPROVALOF VEGETATION REMOVAL PERM [Tis amended to read
as follows:
6.00.05. Criteria Governing Approval of Vegetation Removal Permit.
D. Mitigation. When native vegetation meeting the mitigation 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
theftbfit-Vtorks• Environmental Resources Director, or his/her designee. Priorto the issuance of any zoning
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 fees shall be paid to the County. Only native vegetation shall be allowed 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 Pvb+ic-VVrrks
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 longer planting schedulesthat
meet the environmental and aesthetic intent of the Land Development Code as long as the total diameter -at -
breast -height requirement is still met allowing trees to be mitigated with native shrubs and herbaceous
plant materials at a ratio of one (1) inch to twenty-four (24) one -gallon plants A waiverof all mitigation
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- - thmarlr 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 Ord erfor property abutting a roadway designated
on the Thoroughfare Network Right -of -Way Protection Plan shall dedicate sufficient land to accountfor the
applicant's proportionate share of the right-of-way deficiency identified in the Thoroughfare Network Right -
of -Way Protection Plan for the proposed development. The County Engineer shall determine the applicant's
proportionate share byutilizingtheThoroughfare Network Right -of -Way Protection Plan, the Transportation
Element of the St. Lucie County Comprehensive Plan, any traffic information available in the County records,
and any traffic analysis submitted by the applicant as part of the development order approval process or
otherwise.
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. More than one-half of the required right-of-way has 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
bypaymentof cash as determined bythe County. Compensation for the dedication of right-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 notto pay cash, the applicant
shall dedicate an amount of land comparable in value to the percent of compensation provided.
Underlined passages are added. -6-St. gkpassages are deleted.
4. Method of Dedication. Once the extent of dedication has been djtetmmed_by'the County
Engineer, the applicant shall as a requirement of obtaining and prior to receiving_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 a sketch and legal description and a Phase I environmental auditas partof the dedication.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 of the site plan approval or priorto the issuance of the first building
perm it, 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.
Clearing and Grading.
1. Unless otherwise addressed through the site plan review process, a developer shall be
required to clear all rights-of-wayto their full width and to grade all 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 than 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 developer shall 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- mirii passages are deleted.
Section 7.05.04 is amended to read as follows:
A. Sidewalks.
1. All new residential developments required to obtain site plan approval located within the
Urban Service Boundaryand all new non-residential development above 6,000 square feeteethei sing
o, car, it tilt tiyeir 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. LocaIstreet requirem ents are based upon local needs and existing conditions. Local
streets shall have sidewalks five (5) feet wide along one (1) or both sides of the street as deemed necessary
during the County's development review process.
4. All new sidewalks shall be constructed of concrete, brick pavers orother 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 sidewalks and ramps shall conform to the latest requirements published
in the most recent edition of the Americans With Disabilities Act (ADA) Accessibility Guidelines.
f. The developer will bearthecostfor design and construction of thesidewalk.
Sidewalks on private property must be maintained bythe developer, property owner's association orother
entity as approved by St. Lucie County through the operation and maintenance covenants of the community,
subdivision association or other recognized management entity. St. Lucie Countyshall maintain allsidewalks
located within County maintained public rights -of -way unless otherwise agreed to through specific
maintenance agreements.
Underlined passages are added. -8- 5t. ack thiaagirpassages 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) to twelve (12) feet wide) may be required
on the following arterials or collectors lying outside the Urban Service Boundary:
a.
Midway Road
b.
Orange Avenue
C.
Shinn Road
d.
Okeechobee Road
e.
Rangeline Road
f.
Glades Cut -Off Road
g.
Angle Road
h.
Indrio Road
2 Multi -Use Paths maybe required on arterial or collector roads lying
within the Urban Service Boundary in place ofsidewalks if the following criteria is met as determined bythe
County Engineer:
a The Multi -Use Path should be supported and desired by
the adjacent property owners.
b The existing or proposed right-of-way should
accommodate the construction of the Multi -Use Path
together with all required drainage 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 peculiarto the proposed
development, thatthe proposed sidewalk construction is not in the best interestofthe County, the applicant
shall pay a fee -in -lieu to the County for sidewalk and/or gieenways and tiails construction. If the fees are
not used to design acquire needed right-of-way or construct sidewalks within ten (10) years from the date
of payment the developer may request a refund.
************
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- 5tracicth—girpassages 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 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 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 ten pe, Centtwenty-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 of this Code, except
as otherwise provided here in Section 7.06.00, as it may be amended from time to time.
of fact and sha" be issued a-manner--aird foIIII that acceptable to the eotin y Attorney-=A17y
the band Development eotle All other requirements of this Code relating to pa, king sm faces, Pei hittler carTd
stormwater management shall be met, unless varied in accordance with the
provisions of Section 10.00.00 of this Code. For the purposes of this Section, "change in 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.
Parking surface landscaping changes in use and zoningcomplianceare subiecttothe provisions ofthis 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. -10- icth-ugh passages 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 and off-street loading areas constructed, expanded oraltered after March 1, 1999, shall
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 listof commercially available pavingsystems of 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. TheEi.owth Managantent Planning& Development Services Director's
a ithoritgto may grant administrative relief -as piuvided in this subsection shall be limited to d maxiint
from the parking standards or the required amount of
all weather surface for off street parking and vehicle use areas including vehicular use areas (Small Business
<6000 square feet) based upon clue to 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
orthe required amount of all weather surface for offstreet 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. The County Engineer shall review the request for administrative relief from the all
weather parking surface requirements and provide the Planning & Development Services Director with a
written recommendation based on the standards set out in this section. The County Engineer 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 6rowth Management Planning & 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 & Development Services Director
may grant administrative 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 relief that is made bythe 6. owth Management Planning & Development Services Director
shall be recorded in the public records of St. Lucie County.
Underlined passages are added. -11- 5trock Nn ourl passages are deleted.
Sections 7.06.02 through 7.09.04 D remain unchanged.
PARTG. 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 (3) 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) 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 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 Public Works 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 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 eutinty Adirtinisticitor 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
provisionsofSection 8.00.00ofthis Code. The requirement for this perimeter masonrywalloropaquewood
fence may be waived by the eutinty eurninission Environmental Resources Director if it is shown to the
satisfaction of theeounty evininission Enviro nmental Resources Director eitherthatthe 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 Bomd Environmental Resources Director
determines that a waiver is. necessary to preserve any significant, protected or historic native vegetation.
Any stich consent shall be mcmded in tire lands ecuids of St. Lucie . eotinty. In the event that any such
consent is issued, the owner of the property on which the nonresidential development is taking Ip ace shall
orrly 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.
Underlined passages are added: -12- 5tmektirmffgk passages are deleted.
Pedestrian access through any wall or fence maybe 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
facing the street or road is articulated in such manner as not to result in a continuous flat wall surfacefacing
the streetor 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 (1) 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 (1) or Religious Facilities
(RF) Zoning District, shall consist of a landscaped masonry wall, opaque wood fence, hedge or other dura ble
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 existing vegetation is inadequate to function as a visual screen,
it shall be augmented by two (2) staggered rows of shrub material at least six (6) feet in height.
Totheextent permitted underSection7.09.03(E)(7)ofthis Code, the i ubiieWorksEnvironmental 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 i'mrks Environmental Resources Director shall
attach a report to the building plans or development permits, with supporting photographs or other
accepts ble documentation, that indicates how the existing native vegetation meets the intent of this Section.
The Public -Works 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
of this Section shall be required to maintain this native preserve area in perpetuity. If this preserve area is
ever substantially altered orremoved sothatitno longer meetsthe intent of this Section, the developershall
be required to meet in the screening requirements of this Section.
The provisions of this Section, excluding the maintenance requirements may be waivedorvaried by the
Environmental Resources Director for any minor or maior site plan, Planned
Development Project(PUD, PNRD, or PMUD) if it shown through the Preliminary and Final Development Plan
review process that the intent of this Section is being complied with and that all other applicable provisions
of this Code are being meta A waiverof the provisions of this section shall require the approval ofthe Board
of County Commissioners.
Section 7.09.04 F through Section 7.09.04 N remain unchanged.
0. Administrative Relieffrom the Provisions of this Section. The Environmental Resources Director may
allow alternative landscaping Wwhere it is tire Public WuI ks Bijecto, detennines determined based upon
a showing by the applicant for any Final Development Order, that a literal application of these regulations
Underlined passages are added. -13- Stracic Hough passages are deleted.
will not meet the general spirit and intent of th:sr' as a result of use, traffic patterns, drainage or other
Lit k-
issues of configuration_, The alternate landscape proposal
may include changestospecies plantsizes landscape area dimensions quantities,
planting schedules and surety requirements; as long as the overall project meets the environmental
enhancement and aesthetic intent of the Land Development Code and the alternatives provide comparable
visual and/or noise screening. Any area landscape plan submitted as an alternative shall be designed In such
a manner thatthe alternate landscape area and the amount of material provided equal
haff-(i ±j2) tirrres 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 meetthe minimum visual
and noise screening requirements and environmental and aesthetic intent of the Land Development Code.
The Environmental Resources Director ma solicit comments from aclolnlni:i nrn,-igi-ty owners foralternative
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 of the subject matter that will be discussed at the hearing
or appeal; a frgat location description of the 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
Underlined passages are added.
-14- 5,,-,kti.,mgl* passages are deleted.
t�ls�ca�s'IIdered (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 Minor Site Plan, Major Site 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
involve platting.
3.
50,000 square feet.
Any multi -family residential development of less than fifty (50) units,that does not
Any nonresidential use, including additions to existing structures of 6,000 toi4;999
4. Any nonresidential use, less than 24,999 50,000 square feet, that provides drive -
through or walk-up services.
5. Any nonresidential use, less than 24,999 50.000 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 asa Major Development Site
Plan if it is:
1. Any division of land into ten (10) ormore 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 Fifty thousand and one (50,001) or more square feet
of non-residential floor space.
Underlined passages are added. -15- St. ack th. oug! passages are deleted.
4. All commercial lodging establishments have six (6) or more'-d'n--its�'av_ailable for rent
or lease. _ _ --
5. Any development of land-
ir: W-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.
Section 11.02.03 — Review of Applications for Minor Site Plans
A. General Procedures.
1. An application for a Minor Site Plan shall be submitted to the
Planning 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 to re -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 Committee 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 shall:
Underlined passages are added. '16- 5trcrzkthrvagk passages are deleted.
a:-=ecoiYimend 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 6iowth Managgentent Planning and
Development Services Director in writing of the deficiencies of the application. The applicant shall notify the
6rowth Management Planning and Development Services Director within thirty (30) working days of this
notice of deficiency of his/her intent to address the cited deficiencies. The applicant shall have a maximum
of 120 days to respond to the cited deficiencies without payment of any additional 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 applicant fails 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.
5. Approval Procedure for all Minor Site Plans:
a. The 6. owth Monigeinent Planning and Development Services Directorshall,
within five working days following the receipt of the recommendation of the Development Review
Committee, 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 Planning and Development
Services Directorunder certain conditions or exceptions in consideration of existing 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
setting forth the conditions or exceptions that may include landscaping parking, architectural standards or
other site specific issues.
B. Appeals. Any final action by the 6, uvvth Management Planning and Development Services
Director in accordance with this Section may be appealed to the Board of Adjustment in accordance with
the provisions of Section 11.11.01(B)(3).
C. Minor Adjustments to Minor Development Site Plans. The Giumth Management Planning
and Development Services Director may authorize minor adjustm ents to the approved Minor 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:
percent (25%); or
Increasing any dimension of any one (1) structure by not more than twenty-five
Alteringthe location of anyone (1) primary structure orgroupofprimary structures
by not more than fifty (50) feet; or
Underlined passages are added. -17- Sireckth.oarl. passages are deleted.
Altering the net density of anyone (1) stage or phase by not more than ten percent
(10%); or
4. Alteringthe 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 of any 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 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.
9 The Planning and Development Services Director may approve other proposed
alterations that do not exceed any of the thresholds listed above as a Minor Adjustment.
D. A Development Permit may be issued for the following without submitting a formal
application for Minor Adjustment to a Minor Development Site Plan issued pursuant to this Code:
1 The alteration of or addition to an existing 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 sign on a previously developed site independent of any other
development activity on the site.
3 The re -surfacing 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 Planning and Development Services Director of a new M inor Site Plan
subject to the standards of this Code.
Section 11.02.04 — Review of Applications for Major Site Plans.
Section 11.02.04.A, General Procedures and 11.02.04.6, Appeals, remain unchanged.
Section 11.02.04.0 is amended to read as follows:
Underlined passages are added. -18- 5trntkt1.rovgh passages are deleted.
C. Minor Adjustment to Major Site Plans:
1. 6,uvvtlt Management Planning and Development Services Director may authorize
minor adjustments to the approved Major 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. Increasing any d imension of anyone (1) structure by not more than twenty-
five percent (25%); or,
b. Altering the location of any one (1) structure or group of structures 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 the total amount of open space by not more thanfivepercent(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 Planning and Development Services Directormay
approve other proposed alterations that do not exceed any of the thresholds listed above as a Minor
Adjustment.
2 A Development Permit may be issued forthe following without submittinga formal
application for Minor Adjustment to a Major Development Site Plan issued pursuant to this Code:
a The alteration of or addition to an existing structure or impervious surface
area less than 200 square feet that is otherwise in compliance with the applicable provisions of this Code.
b The erection of a sign on a previously developed site independent of any
other development activity on the site.
Underlined passages are added. -19- 5trark—t'....s r passages are deleted.
C. The re surfacing of a vehicular use area that conforms to all requirements
of this Code.
�3. Notice of the authorization of such minor adjustments shall be provided to the
Board of County Commissioners.
D. Major Adjustments to Major Development Site Plans. Any other adjustment to the approved
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 J. 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. S. is amended to read as follows:
5. Environmental Impact Report:
a. 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 B.a,d of eounty eonnnission Environmental Resources Director sh-dit may
authorize total or partial relief from the requirement of an Environmental
Impact Report Of it finds, afterteceivingthe recommendation of the Elevelopirrent Revievv eumin4ttee
6 s not needed to dete, mine the environmental inipactof the pioposed development. Documentation shall
be provided bythe applicant requesting relief from the EIR The applicant shall demonstrate that based on
conditions uniquetothe proposed development all of the information foregone bvsuch relief is notneeded
to determine environmental impact of the proposed development.
Underlined passages are added. -20- 51ra1l thicugk passages are deleted.
The remainder of Section 11.02.09 remains unchanged.
PART K. Chapter XI "ADMINISTRATION AND ENFORCEMENT" is amended to read as follows:
Section 11.05.00 is amended to read as follows:
A. General. No erection, alteration, construction, reconstruction orany type 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 of this Code.
3. 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
determinesthe proposed development activity or use complies with the provisions of this Code and the St.
Lucie County Comprehensive Pin, 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 of this Code and the St.
Lucie County Comprehensive Plan if certain conditions or exceptions were imposed, the Director or his
designee shall 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 that the 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- ack tin ourlr passages 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.
If any 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 shall be heldto be inapplicableto anyperson, property, orcircumstance, such holding shall
not affect its applicability to any other person, property, or circumstance.
PART O. FILING WITH THE DEPARTMENT OF STATE.
The Clerk be and is hereby directed forthwith to send a certified copyofthis 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 orrelettered to accomplish such intention; provided, however, that parts
K through Q shall not be codified.
Underlined passages are added. -22- St, vck th—agl* passages are deleted.
0
ATTEST:
PASSED AND DULY ADOPTED this day of _—________ 2012. -:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY: --------------------
County Attorney
Underlined passages are added. -23- Stracirthicusrpassages are deleted.
Item No. 3
SOLID WASTE DIVISION
MEMORANDUM
12-007
TO: Board of County Commissioners
VIA: Faye W. Outlaw, MPA CO
County Administrator
FROM: Ron Roberts lJ
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
item No. 2 b '
St. Lucie County Logistics Center
Space Allocation-110,000 net square feet
March.2012.Update.
BOCCI Department or Division
Square Feet
1. County Attorney
800
2. County Administration & Various Departments —
7470
a. Planning & Development
b. Public Works — Engineering Purchasing/OMB
c. Public Works — Permitting
d. Administration
e. Utilities
f. Parks & Recreation
g. Airport
h. Regional History Center/Oxbow
i. Facilities
3. Machinery, Shipping/Receiving and Loading Docks
10,961
4. BOCC
1,200
TOTAL BOCC/COUNTY DEPARTMENTS
19,231 SQ.FT.
Constitutional Officers
1. Clerk of Courts
14,400
2. Tax Collector
1,400
3. Supervisor of Elections
5,300
4. Sheriff's Department
1,200
5. Public Defender
600
6. State Attorney
2,400
TOTAL CONSTITUTIONAL OFFICERS
25,300 SQ. FT.
Outside Aqencies
1.
Health Department/Dental Clinic
2,800
2.
Health Department Office
12,000
-Pay $1000 per month for utilities
3.
Health Clinic (H.A.N.D.S.)
2,000
-Paying for replacement of A/C Unit
4.
Hurricane supply area
18,000
5.
Red Cross
600
6.
Navy Seal Museum
600
7.
Green Collar Training Center
11,000
-Pay $1500 per month for utilities
TOTAL
OUTSIDE AGENCIES
47,000 SQ. FT.
GRAND TOTAL OF OCCUPIED SPACE 91,531 SQ, FT.
Miscellaneous Space
Cooler 1200
Dedicated Common Areas 7669
UNA)"LOCAl'ED SPACE.r 9,600 SQ. FT.
Note:'The addition of a Firewall decreased the Unallocated Space and.incieased the Dedicated.Common Areas'in 2612;