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Home My WebLink AboutP&Z Agenda Package 06 19 2014PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY AGENDA June 19, 20149 6:00 P.M. WELCOME ® Please turn off all cellular phones and pagers prior to entering the Commission Chambers. ® Please note that the Planning and Zoning Commission/Local Planning Agency serves in an advisory capacity to the St. Lucie County Board of County Commissioners and has the power to review and make recommendations to the Board, for approval or disapproval, on any applications within their area of responsibility. -- ® The Planning and Zoning Commission strongly encourages your input and comment at the public hearing. Please limit comments to three minutes if possible and be respectful of others' opinions. ® For public convenience, all meetings are televised and are provided with wireless internet access. PLANNING AND ZONING COMMISSIO CATHY TOWNSEND WILLIAM O'DELL CRAIG MUNDT EDWARD LOUNDS BRAD CULVERHOUSE CHARLES_GRANDE STEPHANIE MORGAN WILLIAM SMITH BOBBY HOPKINS MARTY SANDERS CHAIR VICE CHAIR COMMISSION MEMBER COMMISSION MEMBER COMMISSION MEMBER COMMISSION MEMBER COMMISSION MEMBER COMMISSION MEMBER COMMISSION MEMBER EX-OFFICIO MEMBER 1. CALL TO ORDER A. Pledge of Allegiance B. Roll Call C. Announcement(s) D. Disclosure(s) 11. MINUTES Review and approve the minutes from the April 17, 2014 regular meeting. Ill. PUBLIC COMMENT IV. PUBLIC HEARINGS A. Stormwater - LDC Text Amendment Chapters 7&11 Purpose: County -initiated text amendment to the Land Development Code which reflects recent Florida Administrative Code (FAC) changes that pertain to Stormwater Management. The proposed amendments are nonsubstantive and propose changes only to the referencing and naming of FAC citations and documents. Staff comment and presentation by Britton Wilson, Senior Planner. Exhibit 1: Stormwater Management Draft Ordinance Action Recommended: Forward recommendation of approval to the Board of County Commissioners. B. Shoreline Protection Glitch Bill Purpose: To provide for a variance from the County's Shoreline Protection Standards and Regulations pertaining to the St. Lucie River Shorelines Zone B requirements which were inadvertently omitted in the ordinance that went through the approval in September 2013. Staff comment and presentation by Amy Griffin, Environmental Resources' Manager. Exhibit 1: Shoreline Glitch Bill Draft Ordinance Action Recommended: Forward recommendation of approval to the Board of County Commissioners. V. WORKSHOPS A. Jenkins Rd Overlay Purpose: To propose a short term solution to remove certain portions of the Jenkins Road Overlay; the proposed long term solution is to pursue funding for a comprehensive area plan resulting in a rewrite of the Jenkins Road Area Plan Special District to encourage sound development in a transitional area. Staff comment and presentation by Leslie Olson, Planning Manager. Action Recommended: Discussion Item VI. OTHER BUSINESS A. Planning and Development Services Director comments. B. Other business at the discretion of the Planning and Zoning Board Members. VII. ADJOURN NOTICE: All proceedings before the Planning and Zoning Commission / Local Planning Agency of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any recommendation made by the Planning and Zoning Commission / Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, by hiring their own court reporter at their own expense, to create a record that includes the testimony and evidence upon which the appeal is based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. St. Lucie County Planning and Zoning Commission/ Local Planning Agency Roger Poitras Annex, Commission Chambers, 3rd Floor April 17, 2014 Meeting 6:00 p.m. In the event of a conflict between these written minutes and a compact disc recording, the compact disc shall control. I. CALL TO ORDER Vice -Chair Townsend called the meeting to order at 6:00 p.m. A. Pledge of Allegiance B. Roll Call Cathy Townsend ................................... Vice C Craig Mundt ..................................Comm Edward Lounds.................................... Commission Member Stephanie Morgan ................................ Commission Member Charles Grande .................................... Commission Member William O'Dell ....................................... Commission Member Bobby Hopkins ..................................... Commission member William Smith ........................................ Commission Member Marty Sanders .................................... Ex-Officio Member Member Absent Brad Culverhouse............... ............... Commission Member Staff Present Mark Satterlee ...................................... Planning & Development Services Director Heather Young ................. .. Assistant County Attorney Leslie Olson.... ............... Planning Manager Britton Wilson .................. Senior Planner Beverly Austin........... ........................... Recording Secretary asent bbins ........... ......... ................ Dean, Mead, Minton & Zwemer, Attorney Murphy ......... ............... Culpepper & Terpening, Project Manager C. Announcements Mr. Smith and Mr. Hopkins, the two new commission members were introduced and welcomed to the commission by Chair Townsend. D. Disclosure None II. Minutes Review of the minutes from the January 16, 2014 meeting for approval. Vice Chair Townsend asked if there were any additions or corrections. Mr. Lounds moved to approve the minutes as written. Mr. Mundt seconded. The motion carried. III. PUBLIC COMMENTS None DRAFT IV. PUBLIC HEARING Page 2 of 4 A. Future Land Use Map Amendment — Ritchey from CPUB (Conservation Public) to RU (Residential Urban — 5 du/acre): FLUMA-920134668 Purpose: County -initiated petition for a Future Land Use Map Amendment (FLUMA) of a five acre parcel from CPUB to RU to correct a scrivener's error contained in Ordinance 04-004. Staff comment and presentation by Britton Wilson, Senior Planner. Britton Wilson, Senior Planner presenting a county -initiated amendment to the Future Land Use Map for a five -acre parcel owned by Mary Ritchey, and the proposed of this proposal is to correct an apparent scrivener's error contained in Ordinance 04-004, a 2004 ordinance that changed the privately owned property from RU to CPUB shown in amendment area 02-049; which was a simple enough mistake back then when the mapping was still done partially by hand. This is a public hearing and notice was published in the St. Lucie Tribune on April 3`d, a sign was placed on the property and mail notices were sent out to neighbors within 500 feet. No - comments from the public have been submitted for this item. The subject property is currently _ designated Conservation Public as well as half of the surrounding property, and the other half is designated Residential Urban at 5 dwelling units per acre. The zoning map showing the subject property as zoned HIRD or Hutchinson Island Residential District as is most of the surrounding area. The proposed amendment is in compliance with the Comprehensive Plan. It meets the quarter of a mile distance requirement to the same type of land use classification. It meets the available utility service requirement and it is compatible with the surrounding neighborhood, which is an even mix of residential and conservation land. In order to correct a scrivener's error contained in Ordinance 04-004, staff recommends that the proposed Future Land Use Map Amendment from CPUB to RU be forwarded to the Board of County Commissioners with a recommendation for approval. 84 Vice Chair Townsend asked if there were questions for staff 85 Mr. Grande asked if the parcels to the north and south appearing to be similar were publically 86 owned. He asked how long Mary Ritchey has owned the property and are we sure that this was 87 not made CPUB based on an anticipated purchase. 88 89 Ms. Wilson stated yes all the properties that is designated conservation public is the future land 90 use map except for the subject property is publically owned and managed by the State .Mary 91 Richey has owned the property for over 25 to 30 years. There has been no identification of 92 intentions by any public entity to purchase this land. 93 94 Vice Chair Townsend opened the public hearing 95 None 96 Vice Chair Townsend closed the public hearing 97 98 Vice Chair Townsend asked the Board if there was any discussion 99 No board discussion 100 101 Mr. Odell made the motion: After considering the testimony presented during the public 102 hearing including staff comments, I hereby move that the Planning and Zoning 103 Commission of St. Lucie County recommend that the St. Lucie County Board of County 104 Commissioners approve the proposed Future Land Use Map Amendment from CPUB to 105 RU because the proposed amendment for this parcel is consistent with the St. Lucie Planning and Zoning Commission April 17, 2014 Minutes DRAFT Page 3 of 4 County Comprehensive Plan, is compatible with surrounding future land use and provides for the correction of scrivener's error contained in Ordinance 04-004. Mr. Mundt seconded to motion. The roll was called: Stephanie Morgan Yes Craig Mundt Yes Ed Lounds Yes Vice Chair Townsend Yes Charles Grande Yes Billy O'Dell Yes Bobby Hopkins Yes William Smith Yes V. WORKSHOP A. North Hutchinson Island Proposed Commercial Resort Development Purpose: To discuss with the P & Z Commission the possible accommodation of a use not contemplated by the Land Development Code: Resort uses which utilize a certain number of Condo Hotel Units. Presentation by Planning & Development Services Director, Mark Satterlee with comments by Leslie Olson, Planning Manager, Lee Dobbins, attorney of Dead Mead and Dennis Murphy, project manager of Culpepper and Terpening. Discussion item only Mark Satterlee, Director of Planning and Development Services gave a presentation about discussing rationale for new zoning -need for specific zoning to address issues: Condo — hotel — commercial versus residential density Hotel = 36 units per acre, Residential = 9 units per acre, Create specific uses, definitions and requirements tailored to resort Zoning limits application and creates long term control of development Maybe an appropriate zoning for other areas in the County Potential Requirements: Minimum Land Area Limitations on owners living in their units Building design Amenities and activities Hotel organizational and management structure Buffering and landscaping Signage Public access Reporting and inspection Condo — hotel organization and management requirements Unit owners stays are limited HOA established to govern, maintain and oversee operation Operation by hotel management company Limit unit sizes Provide other services typical of 3-4 star hotels Planning and Zoning Commission April 17, 2014 Minutes DRAFT Page 4 of 4 157 The commission's discussion consisted of: Time limits, legal condo documents being 158 reviewed by County, separate financing options, neighborhood outreach, zoning 159 restrictions, mix of uses/units, owners being treated equally, compliance affidavit, market 160 driven, definition of condo hotel unit being critical, time shares, time share definition, PUD, 161 conditional use, tourism tax, achieving quality without limiting opportunities, public access, 162 bed tax and amenities. 163 164 VI. OTHER BUSINESS 165 A. Planning and Development Services Director comments 166 No comments 167 _ 168 B. Other business at the discretion of the Planning & Zoning Board members 169 No other business 170 171 VII. ADJOURN 172 173 There being no further business, the meeting adjourned at 7:26 pm. 174 175 176 Planning and Zoning Commission April 17, 2014 Minutes AGENDA REQUEST [" =11 ITI I kiC Ue_1 DATE: 06/19/14 REGULAR PUBLIC HEARING (X) LEG. (X) QUASI -JD ( ) CONSENT ( ) TO: PLANNING AND ZONING COMMISSION PRESENTED BY: Britton Wilson SUBMITTED BY: Planning and Development Services Senior Planner/W Department — Planning Division SUBJECT: Text Amendment to the Land Development Code Amending Chapter 7 and 11 Pertaining to Stormwater Management. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the amending Ordinance be forwarded to the Board of County Commissioners with a recommendation for approval. COORDINATION/SIGNATURES County Attorney (X) Daniel S. McIntyre County Engineer ( ) Originating Dept. (X) Storm Water (X) v — Ch Les ge ERD ( ) Mark Satterlee Planning and Development Services Department Planning Division MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Leslie Olson, Planning Manager FROM: Britton Wilson, Senior Planner /?W DATE: June 19, 2014 SUBJECT: Land Development Code text amendment related to stormwater management. ITEM NO. IV -A This is a County -initiated text amendment to the Land Development Code which reflects recent Florida Administrative Code (FAC) changes that pertain to Stormwater Management. The proposed amendments are nonsubstantive and propose changes only to the referencing and naming of FAC citations and documents. The proposed changes do not increase or decrease the existing requirements for stormwater management. BACKGROUND: The regulations provided in Section 7.07.00, Stormwater Management, are focused on the protection of surface water, groundwater and other natural resources. They are specifically intended to ensure that stormwater runoff peak discharge rate, volumes, and pollutant loadings are managed to minimize the adverse impacts of erosion, sedimentation, flooding, and water pollution. Regulations of the South Florida Water Management District (SFWMD) are accepted and utilized in the Land Development Code (LDC) for the design and construction of all surface water management systems. Previously, the five water management districts within Florida operated under varying rules contained in the Florida Administrative Code (FAC). In 2012, the Legislature enacted Chapter 373.4131 F.S. which provided authority to the Florida Department of Environmental Protection to adopt Statewide Environmental Resource Permitting (SWERP) rules in coordination with the five water management districts. The law required the SWERP rules to rely on the existing rules; to reconcile differences and conflicts between them and still account for the different physical and natural characteristics within watersheds; and to streamline and achieve a consistent statewide approach to environmental resource permitting. On October 1, 2013, the new SWERP rule became effective under Chapter 62-330, FAC, Environmental Resources Permitting. The rules in the FAC that applied to the SFWMD and are referenced throughout LDC Section 7.07.00, Stormwater Management and Section 11.02.00, Procedures for Reviewing Site Plans, have been repealed and revised. The proposed text amendment is intended solely to reflect recent revised reference changes to the FAC. Therefore, the only changes proposed are updating citations and the naming of documents. Planning and Zoning Commission Stormwater Text Amendment June 19, 2014 Page 2 Public Notice: Per Section 11.00.03 of the Land Development Code (LDC), advertisement for the proposed amendments was posted in the St. Lucie News Tribune on June 5, 2014. Analysis Summary: Staffs analysis indicates that the proposed amendments are consistent with the St. Lucie County Land Development Code. RECOMMENDATION: Staff recommends that the amending Ordinance be forwarded to the Board of County Commissioners with a recommendation for approval. ATTACHMENTS: ® Draft Ordinance updating the Land Development Code ® Tribune Ad ® Land Development Code Sections 7.07.00, 11.02.09, 11.02.10, and 11.05.07 Planning and Zoning Commission Stormwater Text Amendment June 19, 2014 Page 3 Suggested motion to recommend approval/denial of this request: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE PROPOSED ORDINANCE AMENDING CHAPTER 7 AND 11 OF THE LAND DEVELOPMENT CODE PERTAINING TO STORMWATER MANAGEMENT BECAUSE ... [CITE REASON(S) WHY] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPROVAL OF THE PROPOSED ORDINANCE AMENDING CHAPTER 7 AND 11 OF THE LAND DEVELOPMENT CODE PERTAINING TO STORMWATER MANAGEMENT BECAUSE ... [CITE REASON(S) WHY] I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE FILE NO.: TLDC-1020134680 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE TO REFLECT REPEALED AND REVISED SECTION OF CHAPTERS 40E-4 AND 40E-40 OF THE FLORIDA ADMINISTRATIVE CODE AND IMPLEMENTATION OF CHAPTER 62-330, ENVIRONMENTAL RESOURCES PERMITTING; REVISING SECTION 7.07.00 STORMWATER MANAGEMENT; REVISING CHAPTER 11, ADMINISTRATION AND ENFORCEMENT. PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: This Board is authorized by Section 125.01(1)(h), Florida Statutes to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 2. This Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law. 3. On August 1, 1990 the Board of County Commissioners of St. Lucie County Florida adopted the St. Lucie County Land Development Code. 4. On June 19, 2014 the Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 5. On this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days in advance. 6. On , this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days in advance. 7. The proposed amendment to the St. Lucie County Land Development Code is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 rK File No.: TLDC - 1020134680 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. The specific amendment to the St. Lucie County Land Development Code to read as follows in strikethrough and underline format: 7.07.04. Prohibitions. Unless exempted pursuant to Section 7.07.05, all development activities within the unincorporated areas of St. Lucie County shall be subject to the stormwater management design, permitting and construction requirements contained herein. For the purpose of submitting an application for a St. Lucie County Stormwater Management/Construction Permit (see Section 11.05.07) the following standards shall apply: A. A Category 1 Permit Application shall affect all development activities taking place on property qualifying for a South Florida Water Management Exemption under Rule 40 4.051 Chapter 62-330.051(4)-(14), F.A.C. B. A Category 2 Permit Application shall affect all development activities taking place on property qualifying for a South Florida Water Management District Permit under Chapter 48€ 40 and 62-330, F.A.C. The receipt, of a South Florida Water Management District c� ir-fa..o I.Na+or Managern n+ Environmental Resource Permit shall serve as prima facia evidence of compliance with the intent of this Code. 7.07.06. Stormwater Management A. Chapter 40F= and 40 62-330, Florida Administrative Code, as same may be amended from time to time, are is incorporated herein by reference as'`a part of this Code. B. The methodologies set forth in the South Florida Water Management District Criteria Waters,Management and Storage of SurkarDe Environmental Resource Permit Information Manual Volume -lV shall be used in the design of stormwater management systems. 7.07.07. Local Jurisdictional Permit Reauirements. In accordance with the 40E-4.091(1)R(a) and the r 40E-4, Florida Administrative Code, Section "Environmental South Florida Water Management District, October 1, 2013" Section 3.2, and as these two (2) documents may be amended from time to time, the following local design criteria shall be used in St. Lucie County: A. Discharge. Off -site discharge is limited to amounts which will not cause adverse off -site impacts. These amounts may be determined by one (1) or more of the following: 1. Historic pre -development discharges; 2. Amounts determined in previous SFWMD permit actions; 3. Amounts specified in SFWMD criteria (BasisofReview, Appendix 2 Applicant's Handbook Volume II, Appendix A); 4. Amounts based on capacity of the downstream conveyance system; 1 2 3 4 5 6 7 8 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 29 30 31 32 33 34 35 36 37 OV File No.: TLDC - 1020134680 Page 3 5. Amounts imposed by local water control districts; 6. Amounts imposed through the study and evaluation of sub -basins throughout the County as a part of the County Stormwater Master Plan. Unless otherwise specified by previous SFWMD permits, SFWMD criteria, or the County Stormwater Master Plan, a storm event of three-day duration and twenty -five-year return frequency shall be used in computing allowable off -site discharge. Allowable discharges will be designated by the County Stormwater Master Plan or on a case by case basis by the SFWMD upon request. 11.02.09. Submittals for Minor and Major Site Plans. A. Minor and Major Site Plan Requirements. Site F materials: 2. Existing Conditions: a.- g. <no change> h. Available preliminary drainage informati Florida Water Management District inten its permit under Chapter 40E 40 and nnc 11.02.10. Submittals for Planned A. Preliminary Site information: 2. Existing Con a.- g. <no ch h. ; Availabl, t-ionaa vvater ivia its permit under C 11.05.07. Stormwater Permits I ittals shall include the following on that is to be submitted to the South ded to serve as the basis for issuance of 1 62-330 F.A.C., if applicable. Site PI Site Plan shall include the following on that is to be submitted to the South ded to serve as the basis for issuance of -4462-330 F.A.C., if applicable. B. Application Contents. The Stormwater Management permit application shall include following information: 1. Category 1 Permits shall apply to all development activities taking place on property qualifying for a South Florida Water Management District exemption under Ra,e^-0F. 4 951-Chapter 62-330.051(4)-(14), F.A.C. A Category 1 Permit application shall include: a. — j. <unchanged> 2. Category 2 Permits apply to all development activities taking place on property qualifying for a South Florida Water Management Permit under Chapter ^^nd 40€-41 62-330, F.A.C.. The receipt of a South Florida Water Management District SUFf Ge VVat r naaRagorr,o„+ Environmental Resource Permit shall serve as prima facie evidence of compliance with the intent of Section 7.07.00. A Category 2 Permit application shall include: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 File No.: TLDC - 1020134680 Page 4 a. All information as described in Category 1 Permit Application. b. All information submitted to the SFWMD that was the basis for issuance of its permitter letter of exemption, under Chapter 40€-40 and 4oF= 4162-330, F.A.C. B. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. C. SEVERABILITY If any portion of this Ordinance is for any reaso inoperative or void, such holding shall not affect t this Ordinance or any provisions thereof shall b property, or circumstances, such holding shall not property or circumstance. D. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable in the unincorpo E. FILING WITH THE DEPARTMENT OF STAT The Clerk is hereby directed forthwith to send a cer of Laws, Department of State, The Capitol, Taliaha F. EFFECTIVE DATE n e held or declared to be unconstitutional, he 'remaining portions of this Ordinance. If held to be inapplicable to any person, affect its applicability to any other person, of St. Lucie County. I copy of this Ordinance to the Bureau , Florida, 32304. This ordinance shall take effect this day of 2014. G. ADOPTION After motion and second, the vote on this Ordinance was as follows: Frannie Hutchinson. Chair XXX Paula Lewis, Vice -:Chair XXX Chris Dzadovsky, Commissioner XXX Tod Mowery, Commissioner XXX Kim Johnson, Commissioner XXX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 PASSED AND DULY ADOPTED this ATTEST: Deputy Clerk File No.: TLDC - 1020134680 Page 5 day of , 2014 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA June 19, 2014 NOTICE OF PROPOSE TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE The St. Lucie County Planning and Zoning Commission is scheduled to review and make recommendations regarding the following item for adoption by the Board of County Commissioners of St. Lucie County, Florida, by Ordinance: ORDINANCE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE TO REFLECT REPEALED AND REVISED SECTION OF CHAPTERS 40E-4 AND 40E-40 OF THE FLORIDA ADMINISTRATIVE CODE AND IMPLEMENTATION OF CHAPTER 62-330, ENVIRONMENTAL RESOURCES PERMITTING; REVISING Section 7.07.00 STORMWATER MANAGEMENT; REVISING CHAPTER 11, ADMINISTRATION AND ENFORCEMENT. PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. APPLICANT: Board of County Commissioners FILE NUMBER: TLDC - 1020134680 PURPOSE: This is a County -initiated proposal to update various sections of the Land Development Code to reflect recent Florida Administrative Code (FAC) changes that pertain to Stormwater Management. The proposed amendments are nonsubstantive and propose changes only to the referencing and naming of FAG citations and documents. The proposed changes do not increase or decrease the existing requirements for stormwater management. The Planning and Zoning Commission PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Thursday, June 19, 2014 beginning at 6:00 pm or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department — Planning Offices located at 2300 Virginia Avenue, 2n" Floor, Fort Pierce, Florida, during regular business hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you have any questions or require additional information about this petition. The St. Lucie County Planning and Zoning Commission has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approval or disapproval, any applications within their area of responsibility. The proceedings of the Planning and Zoning Commission are electronically recorded. PURSUANTTO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/CATHYTOWNSEND, CHAIR PUBLISH DATE: June 5, 2014 Municode Page 1 of 4 St. Lucie County, Florida, Land Development Code» CHAPTER VII - DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS» 7.07.00. STORMWATER MANAGEMENT» 7.07.00. STORMWATER MANAGEMENT 7.07.01. Intent and Purpose. 7.07.02. Relationship to Other Stormwater Management Requirements. 7.07.03. Status of Previous Approvals. 7.07.04. Prohibitions. 7.07.05. Exemptions from Stormwater Permits. -7.07.06. Stormwater Management Requirements. 7.07.07. Local Jurisdictional Permit Requirements. 7.07.08. Failure to Maintain Stormwater Management Systems. 7.07.09. Applicability to Existing Development. 7.07.10. Permitting Procedures. 7.07.01. Intent and Purpose. A. Intent. The intent of this Section is to: Protect the surface water, groundwater and other natural resources by ensuring that stormwater runoff peak discharge rate, volumes, and pollutant loadings are managed to minimize the adverse impacts of erosion, sedimentation, flooding, and water pollution; 2. Accept and utilize the regulations of the South Florida Water Management District and the requirements of this Code for the design and construction of all surface water management systems. B. Purpose. The purpose of this Section is to: Address stormwater management in order to protect, maintain, enhance the health, safety and general welfare of the citizens of St. Lucie County. 2. Implement the goals, objectives and policies of the St. Lucie County Comprehensive Plan. 7.07.02. Relationship to Other Stormwater Management Requirements. In addition to meeting the requirements of this Code, the design and performances of all stormwater management systems shall comply with all applicable regulations of the State of Florida and rules of the South Florida Water Management District. In all cases, the strictest of the applicable standards shall apply. 7.07.03. Status of Previous Approvals. Projects with unexpired development plans or development orders approved prior to the effective date of this Code shall meet the stormwater management requirements in effect on the date the development plan or development order was approved, provided that there are no https:Hlibrary.municode.com/print.aspx?h=&clientID=14641&HTNMequest=littps%3a%2f .. 6/6/2014 Municode Page 2 of 4 changes or alterations to the development site that would be cause for the application of the requirements of Section 7.07.06 and 7.07.07. Unless exempted pursuant to Section 7.07.05, all development activities within the unincorporated areas of St. Lucie County shall be subject to the stormwater management design, permitting and construction requirements contained herein. For the purpose of submitting an application for a St. Lucie County Stormwater Management/Construction Permit (see Section 11.05.07) the following standards shall apply: A. A Category 1 Permit Application shall affect all development activities taking place on property qualifying for a South Florida Water Management Exemption under Rule 40E -4.051, F.A.C. B. A Category 2 Permit Application shall affect all development activities taking place on property qualifying for a South Florida Water Management District Permit under Chapter 40E-40 and 40-E-4, F.A.C. The receipt of a South Florida Water Management District Surface Water Management Permit shall serve as prima facia evidence of compliance with the intent of this Code. 7.07.05. Exemptions from Stormwater Permits. Permit requirements for stormwater management set out in this Code are waived for the activities listed below: A. Construction of one (1) residential structure upon any lot of record. B. Construction of one (1) duplex residential structure. C. Construction of one (1) tri-plex residential structure. D_ Construction of storage buildings, sheds, swimming pools, and other accessory structures constructed on A, B and C above. E. Performance of maintenance work on existing mosquito control drainage canals for the purpose of public health and welfare. F. Performance of maintenance work on existing drainage canals, utilities or transportation systems, provided such maintenance work does not alter the purpose, historical utilization and intent of the drainage system as constructed. G. Any maintenance to an existing structure. H. Bona fide agricultural operations and activities. 7.07.06. Stormwater Management Requirements. A. Chapters 40E-4 and 40E-40, Florida Administrative Code, as same may be amended from time to time, are incorporated herein by reference as a part of this Code. B. The methodologies set forth in the South Florida Water Management District Criteria per Management and Storage of Surface Waters, Permit Information Manual, Volume IV shall be used in the design of stormwater management systems. 7.07.07. Local Jurisdictional Permit Requirements. https://library.municode.com/print.aspx?h=&clientID=14641 &HTMRequest=https%3a%2f... 6/6/2014 Municode Page 3 of 4 In accordance with the provisions of Chapter 40E-4, Florida Administrative Code, Section 40E-4.091(1)(9)(a) and the "Basis of Review for Surface Water Management Permit Applications within the South Florida Water Management District - April, 1987" Section 33.22, and as these two (2) documents may be amended from time to time, the following local design criteria shall be used in St. Lucie County: A. Discharge. Off -site discharge is limited to amounts which will not cause adverse off - site impacts. These amounts may be determined by one (1) or more of the following: 1. Historic pre -development discharges; 2. Amounts determined in previous SFWMD permit actions; 3. Amounts specified in SFWMD criteria (Basis of Review, Appendix 2); 4. Amounts based on capacity of the downstream conveyance system; 5. Amounts imposed by local water control districts; 6. Amounts imposed through the study and evaluation of sub -basins throughout the County as a part of the County Stormwater Master Plan. Unless otherwise specified by previous SFWMD permits, SFWMD criteria, or the County Stormwater Master Plan, a storm event of three-day duration and twenty -five- year return frequency shall be used in computing allowable off -site discharge. Allowable discharges will be designated by the County Stormwater Master Plan or on a case by case basis by the SFWMD upon request. B. Local Government Criteria. All developers shall provide drainage and flood protection designed in accordance with the following: 1 Roads (lowest pavement elevation) Frequency - Ten (10) years Duration - One (1) day 2. Parking Lots (lowest pavement elevation) Frequency - Five (5) years Duration - One (1) hour C. Requirement for Dry Detention/Retention. Commercial or industrial zoned projects shall provide at least one -half -inch of dry detention or retention pretreatment as part of the required retention/detention. If percolation tests demonstrate that soil conditions are unfavorable, dry retention/detention areas, at a minimum, shall incorporate a trench system backfilled with clean/uniform fine sand which shall meet the following criteria: 1 Information to be supplied: a. Soil boring in location of retention/detention area. b. Detail drawing showing location and cross-section of trench system. 2. Minimum Surface Area (greater of): a• Six (6) square feet. b• Five percent (5%) of total retention area. 3. Minimum Depth (greater of): a. Two (2) feet. b. One (1) foot below hardpan layer. C. 0.5 foot below wet season water table elevation. 4• Maximum Depth of four (4) feet. 5. Minimum Width of one (1) foot. D. https:Hlibrary.municode.com/print.aspx?h=&clientID=14641&HTMRequest=https%3a%2f .. 6/6/2014 Municode Page 4 of 4 All stormwater calculations, reports and plans shall be signed and sealed by a Florida Registered Professional Engineer. 7.07.08. Failure to Maintain stormwater Management Systems. No surface water management system shall be allowed to deteriorate into a health hazard caused by unmaintained vegetative cover or improper drainage. If the owner fails to maintain a stormwater management system, the County Engineer shall give such owner written notice of the nature of the corrective action necessary. Failure to take such corrective action within thirty (30) days shall constitute a violation hereunder subject to the enforcement procedures set forth in Section 11.13.00. An existing development must be brought into compliance with this article in conjunction with any of the following activities: A. Expansion of Total Area. 1 The total impervious area of a development is expanded to total four thousand (4,000) or more square feet. 2. If an existing development has a total impervious area of more than four thousand (4,000) square feet on the effective date of this Code or subsequently expands and/or alters its impervious area to exceed a total of four thousand (4,000) or more square feet, additions or alterations to the development shall require compliance with the provisions of this Code at a ratio of two (2) square feet of managed treatment area for every one (1) square foot of new or altered impervious surface. B. Change in Use. The use of a development is changed from residential to any non- residential use excluding any home occupation lawfully authorized under. Section 8.01.00 of this Code. C. Change in Site Design. Any activity that requires the submission of a Site Plan or amended Site Plan and involves ten percent (10%) or more of the land area of the parcel. 7.07.10. Permitting Procedures. The procedure for obtaining a stormwater management permit under the provisions of this Code are as described in Section 11.05.07. https:Hlibrary.municode.com/print.aspx?h=&clientlD=14641 &HTMRequest=https%3a%2f... 6/6/2014 Municode Page 1 of 14 11.02.09. Submittals for Minor and Major Site Plans. A. Minor and Major Site Plan Requirements. Site Plan submittals shall include the following materials: General Information: a. The applicant's name and address. b. The applicant's interest in the subject property. c• The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application. d. The street address and a legal description of the property. e. The present zoning classification and existing uses of the subject property proposed to be reclassified. f• Information on land areas adjacent to the proposed development and an indication of the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities, and unique natural features of the land. A development schedule indicating the approximate date construction of the development or stages of the development can be expected to begin and be completed. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the development, such as land areas, dwelling units, and commercial facilities. A statement describing whether the project will utilize existing water and sewer facilities and if so a letter from the service provider stating capacity will be available for the project. 2. Existing Conditions: a. An aerial photograph of the property on which the development activity is to take place. The aerial photograph used to satisfy this requirement may be obtained from the St. Lucie County Property Appraiser. b. Detailed location sketch of the proposed development designating the section, township and range. C. A topographic survey of the entire project site, prepared in accordance with the current standards of Chapter 61G17-6 FAC, which shall include, at a minimum: the project boundaries, a north arrow, a scale indicator, bench mark information (NGVD) and; 1 • One (1) foot contours shall be shown and shall extend at least 50 feet around the project site, except that the Growth Management Director may authorize partial relief from this standard when the following conditions exist: a. Existing grade conditions, throughout the site are such that one foot contours would not be discernable. In these instances, contours at two (2) foot intervals may be provided; and/or, b. Existing grade conditions, over the entire site, vary less then two feet above base elevation. https:Hlibrary.municode.com/print.aspx?h=&clientID=14641&HTMRequest=https%3a%2f .. 6/6/2014 Municode Page 2 of 14 2. A sufficient number of spot elevations shall be shown to support the contour information and to accurately reflect the site topography. All topographic surveys shall be submitted on a sheet size twenty-four (24") by thirty-six (36") inches and shall be the same scale as the project site plan. All topographic surveys shall have been prepared within the 24 months prior to the application for site plan being filed and shall reflect current property conditions. d. A boundary survey and legal description prepared in accordance with the current standards of Chapter 61 G17-6 FAC. All boundary surveys shall be submitted on a sheet size twenty-four (24) inches by thirty-six (36) inches and shall be the same scale as the project site plan. All boundary surveys shall have been prepared within the 12 months prior to the application for site plan being filed and shall contain at a minimum the following information, as applicable: 1 location of the Coastal Construction Control Line, along with all necessary recording data, 2• The location of the Mean highwater, or safe upland line, along with a description of how these lines were determined, 3. The location of all submerged lands, 4. The limits and elevations of any jurisdictional wetlands, which shall contain bearing and distance information used in determining the extent of these areas, along with the identification of the agency or agencies claiming jurisdiction. 5. The location of all existing improvements. 6• Acreage certifications of all lands lying above mean high water or the safe upland line; and, 7. All boundary surveys are to be tied to a monumented section line or the nearest 1/4 section line, and shall be so noted on the boundary survey. e• Identification of legal positive outfall, if applicable. f• The boundaries of the one hundred (100)-year floodplain, including all sub - zones within the one hundred (100)-year floodplain and an identification of the minimum required first floor elevations for all parts of the proposed development site. g• Drainage basin or watershed boundaries identifying locations of the routes of off -site waters onto, through, or around the project. h. Available preliminary drainage information that is to be submitted to the South Florida Water Management District intended to serve as the basis for issuance of its permit under Chapter 40E-40 and 40E-41 F.A.C., if applicable. An illustrative plan of the existing vegetative conditions on the project site, including an identification of what areas will be impacted by the proposed development activity and what areas are proposed for protection/preservation. All vegetative survey information shall be submitted on a sheet size twenty-four (24) inch by thirty-six (36) inch and shall be the same scale as the project site plan. 3. Proposed Development Activity and Design. All site detail sheets shall be submitted on a sheet size twenty-four (24) by thirty-six (36) inches and at a scale no smaller than one (1) inch equals fifty (50) feet, all dimensions in decimals, unless otherwise https:Hlibrary.municode.com/print.aspx?h=&clientID=14641 &HTMRequest=https%3a%2£.. 6/6/2014 Municode Page 9 of 14 vegetation. Recommendations should be obtained from the St. Lucie County Soil and Water Conservation District or the St. Lucie County Urban Forester. b. A soil and water conservation plan and written assessment which outlines a system of best management practices to control soil erosion, reduce sediment loss, and protect the water quality on the subject parcel of land during all phases of development. These best management practices shall consider the impacts of onsite development activity on adjacent parcels of land, so as to avoid soil erosion, sediment loss, and degraded water quality on the adjacent parcels of land. Recommendations should be obtained from the St. Lucie County Soil and Water Conservation District. C. A plant and animal survey for onsite federal and state protected species as defined in Chapter ll. A compiled list of these plants and animals shall be maintained by the Growth Management Director. Locations of all identified species shall be depicted on a map. d. A surface water management plan and written assessment which demonstrates consistency with the appropriate policies set out in this Code, including a description of the techniques to be used to prevent both the potential degradation of surface water resources and an increase in flood hazard damage. e. A shoreline stabilization plan and assessment which demonstrates consistency with the appropriate policies set out in this Code, including beach or dune restoration and maintenance or Indian River Lagoon shoreline stabilization to reduce or control erosion. (Ord. No. 12-003, Pt. J, 5-15-2012) 11.02.10. Submittals for Planned Development Site Plans. A. Preliminary Site Plan Requirements. A Preliminary Site Plan shall include the following information: General Information: a. The applicant's name and address. b• The applicant's interest in the subject property. C. The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application. d. The street address and a legal description of the property proposed to be reclassified as a Planned Development. e• The present zoning classification and existing uses of the subject property proposed to be reclassified. f. A statement of planning objectives to be achieved by the proposed Planned Development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. https:Hlibrary.municode.com/print.aspx?h=&clientID=14641 &HTMMequest=https%3a%2f... 6/6/2014 Municode Page 10 of 14 g. A statement of the total number and type of dwelling units to be constructed; parcel size; approximate lot coverage of buildings and structures; approximate gross and net area of all non-residential facilities, and an explanation of their use; residential densities; and approximate gross and net amounts of open space. Information on land areas adjacent to the proposed Planned Development and an indication of the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, automobile and pedestrian circulation systems, public facilities, and unique natural features of the land. A statement describing how the Planned Development is consistent with the St. Lucie County Comprehensive Plan. j• A development schedule indicating the approximate date construction of the Planned Development or stages of the Planned Development can be expected to begin and be completed. k. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the Planned Development, such as land areas, dwelling units, and commercial facilities. 2. Existing Conditions: a• An aerial photograph of the property on which the development activity is to take place. The aerial used to satisfy this requirement may be obtained from the St. Lucie County Property Appraiser. b• Detailed location sketch with section, township and range. A topographic survey of the entire project site, prepared in accordance with the current standards of Chapter 61G17-6 FAC, which shall include, at a minimum: the project boundaries, a north arrow, a scale indicator, bench mark information (NGVD) and; 1 One (1) foot contours shall be shown and shall extend at least 50 feet around the project site, except that the Growth Management Director may authorize partial relief from this standard when the following conditions exist: a• Existing grade conditions, throughout the site are such that one foot contours would not be discernable. In these instances, contours at two (2) foot intervals may be provided; and/or, o Existing grade conditions, over the entire site, vary less then two feet above base elevation. 2. A sufficient number of spot elevations shall be shown to support the contour information and to accurately reflect the site topography. All topographic surveys shall be submitted on a sheet size twenty-four (24) inch by thirty-six (36) inch and shall be the same scale as the project site plan. All topographic surveys shall have been prepared within the 24 months prior to the application for site plan being filed and shall reflect current property conditions. A boundary survey and legal description prepared in accordance with the current standards of Chapter 61G17-6 FAC. All boundary surveys shall be submitted on a sheet size twenty-four (24) inch by thirty-six (36) inch and shall be the same scale as the project site plan. All boundary surveys shall have https:Hlibrary.municode.com/print.aspx?h=&clientID=14641 &HTMRequest=https%3a%2f... 6/6/2014 Municode Page 11 of 14 been prepared within the 12 months prior to the application for site plan being filed and shall contain at a minimum the following information, as applicable: 1 location of the Coastal Construction Control Line, along with all necessary recording data, 2. The location of the mean highwater, or safe upland line, along with a description of how these lines were determined, 3. The location of all submerged lands, 4. The limits and elevations of any jurisdictional wetlands, which shall contain bearing and distance information used in determining the extent of these areas, along with the identification of the agency or agencies claiming jurisdiction. 5. The location of all existing improvements. 6. Acreage certifications of all lands lying above mean high water or the safe upland line; and, 7. All boundary surveys are to be tied to a monumented section line or the nearest 114 section line, and shall be so noted on the boundary survey. e. Identification of legal positive outfall, if applicable. f. The boundaries of the one hundred (100)-year floodplain, including all sub - zones within the one hundred (100)-year floodplain and an identification of the minimum required first floor elevations for all parts of the proposed development site. This information should be depicted on the projects boundary surveys 9• Drainage basin or watershed boundaries identifying locations of the routes of off -site waters onto, through, or around the project. h. Available preliminary drainage information that is to be submitted to the South Florida Water Management District intended to serve as the basis for issuance of its permit under Chapter 40E-40 and 40E-41 F.A.C., if applicable. i. An illustrative plan of the existing vegetative conditions on the project site, including an identification of what areas will be impacted by the proposed development activity and what areas are proposed for protection/preservation. All vegetative survey information shall be submitted on a sheet size twenty-four (24) inch by thirty-six (36) inch and shall be the same scale as the project site plan. Proposed Development Activity and Design. All site detail sheets shall be submitted on a sheet size twenty-four (24) inch by thirty-six (36) inch and at a scale no smaller than one (1) inch equals fifty (50) feet, all dimensions in decimals, unless otherwise approved in writing by the Growth Management Director during the pre -application conference . For large projects, a smaller scale generalized plot plan may be submitted as a cover sheet to the detail sheets. Detail sheets shall include the following information: a. The location of the property by lot number, block number, and street address, if any. b. The boundary lines of the property, the dimensions of the property, existing subdivision easements, roadways, rail lines, and public rights -of -way. C. The approximate location of all buildings, structures or concentration of uses. This shall include types of uses, and density per type of structure. d• The approximate location and dimension of parking and loading areas. https:Hlibrary.municode.com/print.aspx?h=&clientID=14641&HTMRequest=https%3a%2f .. 6/6/2014 Municode Page 1 of 2 11.05.07. Stormwater Permits. A. Application for Permit. Unless exempted by Section 7.07.05, any person undertaking development within the unincorporated area of St. Lucie County shall be required to submit a Stormwater Management Permit application to the County Engineer, accompanied by a non- refundable application fee in accordance with Section 11.12.00 B. Application Contents. The Stormwater Management permit application shall include following information: Category 1 Permits shall apply to all development activities taking place on property qualifying for a South Florida Water Management District exemption under Rule 40E- 4.051, F.A.C. A Category 1 Permit application shall include: a. Name, address and telephone number of the property owner, the applicant (if different from owner) and project engineer, consultant or agent. b• Detailed location sketch with section, township and range. C. Recent aerial photograph with the project boundaries shown, north arrow and scale indicator. d• Topographic map of the presently existing project site. The map should contain, at a minimum: the project boundaries, a north arrow, a scale indicator, one -foot contour lines which extend at least ten (10) feet beyond the project in all directions, and bench mark information (NGVD). e• Boundary survey and legal description. f• Soil boring to a minimum depth of six (6) feet below average existing ground elevation identifying soil types and seasonal water table fluctuations. g• Detailed paving, grading and drainage plans identifying all storm water management structures and facilities. h. All drainage calculations and supporting documentation used for the design of the stormwater management system as outlined in Section 7.07.00 of this Code. i Legal positive outfall shall be documented if applicable. j• Any other information which the developer or the County Engineer believes is necessary to properly evaluate the permit application. 2. Category 2 Permits apply to all development activities taking place on property qualifying for a South Florida Water Management Permit under Chapter 40E-40 and Rule 40-E-4, F.A.C.. The receipt of a South Florida Water Management District Surface Water Management Permit shall serve as prima facie evidence of compliance with the intent of Section 7.07.00. A Category 2 Permit application shall include: a. All information as described in Category 1 Permit Application. b• All information submitted to the SFWMD that was the basis for issuance of its permit or letter of exemption, under Chapter 40E-40 and 40E-41, F.A.C. C. Procedure for Review of Stormwater Management Permit Applications. Within twenty (20) working days after an application for stormwater management permit has been submitted, the County Engineer shall review the application and determine if it is complete. https:Hlibrary.municode.com/print.aspx?h=&clientID=14641 &HTMRequest=https%3a%2f... 6/6/2014 Municode Page 2 of 2 If the County Engineer determines that the application is not complete, he shall send the applicant a written statement specifying the deficiencies and shall take no further action unless the deficiencies are remedied. 3. Within twenty (20) working days after an application has been determined to be complete, the County Engineer shall review the application and approve, approve with conditions or deny the application based upon the standards established in Section 7.07.00 4. If additional stormwater related permits are required from the South Florida Water Management District, Florida Department of Environmental Protection, U. S. Army Corps of Engineers, or any other duly authorized regulatory agency, any authorization by the County Engineer to proceed with the commencement of development activity may be conditioned to restrict such commencement until such time as all other stormwater related permits have been issued. In those cases where conflicts exist between regulatory standards or conditions, the more restrictive conditions or standards shall apply. 5. Nothing in this Section shall be deemed to prevent the concurrent review of these stormwater management plans for the purpose of permit approval. D. Appeals from Permit Denial. Any final action by the County Engineer may be appealed to the Board of Adjustment in accordance with the provisions of Section 11.11.00 https:Hlibrary.municode.com/print.aspx?h=&clientlD=14641&HTMRequest=https%3a%2f .. 6/6/2014 AGENDA REQUEST TO: St. Lucie County Planning & Zoning Agency ITEM NO. (ID # 2171) DATE: 06/19/2014 *PUBLIC HEARINGS PRESENTED BY: Amy Griffin, Environmental Regulations Divison Manager SUBMITTED BY: Environmental Regulations Division SUBJECT: Ordinance -Shoreline Protection Glitch Bill Ordinance BACKGROUND: This ordinance proposes revisions to the Shoreline Protection requirements in Sections 6.02.02 and 10..01.30 of the Land Development Code.. The prior revisions to the Shoreline Protection section, approved on September 3, 2013, neglected to clearly set up the variance process for a portion of the required buffers. Environmental Resources Department (ERD) is recommending the following changes: Clarification of the allowance for Variance requests for Zone B of St. Lucie River Shorelines, Clarification of Variance time frames. PREVIOUS ACTION: September 3, 2013 Board of County Commissioners approval of Shoreline Protection Ordinance FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures ORDINANCE NO. 14-XXX 4 AN ORDINANCE OF THE BOARD OF COUNTY 5 COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, 6 AMENDING LAND DEVELOPMENT CODE SECTION 6.02.02 7 "SHORELINE PROTECTION" TO PROVIDE FOR A VARIANCE 8 FROM THE COUNTY'S SHORELINE PROTECTION 9 STANDARDS AND REGULATIONS PERTAINING TO THE ST. 10 LUCIE RIVER SHORELINES ZONE B REQUIREMENTS; 11 AMENDING LAND DEVELOPMENT CODE SECTION 10.01.30 12 CLARIFYING APPLICATION TIMEFRAMES; PROVIDING FOR 13. CONFLICTING PROVISIONS; PROVIDING FOR 14 SEVERABILITY; PROVIDING FOR APPLICABILITY; 15 PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; 16 PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR 17 ADOPTION AND PROVIDING FOR CODIFICATION 18 19 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the 20 following determinations: 21 22 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, 23 Florida, adopted the St. Lucie County Land Development Code. 24 25 2. The proposed amendments to the St. Lucie County Land Development Code are 26 consistent with the general purpose, goals, objectives and standards of the St. 27 Lucie County Comprehensive Plan and are in the best interest of the health safety 28 and public welfare of the citizens of St. Lucie County, Florida. 29 30 31 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie 32 County, Florida: 33 34 PART A 35 36 THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE 37 TO READ AS FOLLOWS: 38 39 4o 6.02.02. Riverine Shoreline Protection 41 42 A. Purpose and Intent 43 44 The Board of County Commissioners recognizes that shorelines and adjacent upland 45 areas along water bodies such as the Indian River Lagoon, St. Lucie River and its 46 tributaries are valuable natural resources in need of protection. Shorelines and 47 associated uplands provide riparian and aquatic habitat, aesthetic value, filter 48 pollutants from storm water, prevent erosion and protect water quality. The purpose 49 and intent of this section is to protect the function and values of shorelines and so: adjacent uplands by the establishment of shoreline buffers and regulations. DRAFT for 6/19/14 P&Z Page I of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 B. St. Lucie River Shorelines 1. Applicability Shorelines adjacent to the St. Lucie River and associated natural creeks, tributaries, riparian wetlands and oxbows, as described below, are subject to the regulations contained herein. a. The North Fork of the St. Lucie River in unincorporated St. Lucie County from the Martin County Line north to the confluence with Five and Ten Mile Creeks; and b. Five Mile Creek in unincorporated St. Lucie County from the confluence of the North Fork of the St. Lucie River northwest to Edwards Road; and c. Ten Mile Creek in unincorporated St. Lucie County from the confluence of the North Fork of the St. Lucie River northwest to McCarty Road, 2. Shoreline Buffer Requirements Development Regulations. Two (2) zones are hereby created. The boundaries of the zones and the restrictions applying to these zones are as follows: a. Zone A and Zone B Buffer Areas Each Buffer Area shall be measured as follows: 1) Downstream of the Gordy Road structure; the area measured from the mean high water line (MHWL) landward; 2) Upstream of Gordy Road structure; the area measured from the ordinary high water line (OHWL) landward, or 3) Adjacent riparian wetlands; the area measured from the landward boundary of Waters of the State, as defined by the Florida Department of Environmental Protection or South Florida Water Management District, whichever is greater, landward. b. Buffer Widths 1) Zone A Fifty (50) feet for platted lots of record prior to, and on August 1, 1989; and DRAFT for 6/19/14 P&Z Page 2 of 11 I ii. Seventy-five (76) feet for platted lots of record after August 2 1, 1989 and unplatted lots. 3 2) Zone B 4 The buffer width for Zone B shall be three hundred (300) feet for all s platted lots of record and unplatted lots. 6 c. Buffer Regulations 7 1) Zone A s i. Activities permitted in Zone A include the removal of non- 9 native vegetation and/or the minimum alteration of native 10 vegetation associated with the construction of a permitted 11 private access point or dock. An access path shall not 12 exceed twenty (20) feet in width. 13 ii. Activities prohibited in Zone A include any construction, 14 development activities, motorized vehicles, and shoreline 15 alteration, unless authorized by a variance granted in 16 accordance with Section 10.01.30 of the St. Lucie County 17 Land Development Code. 18 iii. Zone A shall be preserved or planted with native vegetation 19 as approved by the Environmental Resources Director, or 20 designee. If native vegetation does not exist within all, or a 21 portion of Zone A the buffer shall be planted with native 22 vegetation. Shoreline replanting shall be in accordance with 23 the minimum planting requirements in Section 6.02.02.E. 24 25 2) Zone B 26 The following Aactivities are prohibited in Zone B Rsiude unless 27 authorized by a variance granted in accordance with Section 28 10.01.30 of the St. Lucie County Land Development Code: 29 30 i. Development activity that does not comply with St. Lucie 31 County's flood damage prevention regulations (Section 32 6.05.00 of the St. Lucie County Land Development Code); 33 ii. Public or private road rights -of -way (except for individual 34 driveways and/or canal maintenance easements); 35 iii: Retention ponds or stormwater systems other than a berm 36 and/or swale for the purpose of preventing sheet flow into 37 the water body as approved by the Environmental DRAFT for 6/19/14 P&Z Page 3 of 11 I Resources Director (except for lawfully permitted drainage 2 conveyance outfalls); 3 iv. New septic systems; 4 v. Wastewater lift stations; 5 vi. Petroleum, chemical, fertilizer or manure storage areas. 6 C. Indian River Lagoon Shorelines 8 9 1. Applicability 10 11 Shorelines of any lot of record platted after August 1, 1989 adjacent to the Indian 12 River Lagoon and associated natural creeks, tributaries, riparian wetlands and 13 oxbows, including Taylor Creek between the submerged weir east of Rosarita 14 Avenue northwest to the Fort Pierce Farms Water Control District Structure No. 15 1, are subject to the regulations contained herein. 16 17 2. Shoreline Buffer Requirements 18 19 a. Buffer Area 20 The Buffer Area shall be measured as follows: 21 1) The area measured from the mean high water line (MHWL) 22 landward; 23 2) Adjacent riparian wetlands; the area measured from the landward 24 boundary of Waters of the State, as defined by the Florida 25 Department of Environmental Protection or South Florida Water 26 Management District, whichever is greater, landward. 27 b. Buffer Widths 28 The Indian River Lagoon Shoreline Buffer shall measure fifty (50) feet, 29 unless physically impossible as in the case of Indian River Drive occurring 30 within fifty (50) feet of the MHWL. 31 c. Buffer Regulations 32 1) Activities permitted in the Buffer include the removal of non-native 33 vegetation and/or the alteration of native vegetation associated with 34 the construction of a permitted private access point or dock. 35 2) Activities prohibited in the Buffer include any construction, 36 development activities, motorized vehicles, and shoreline alteration, 37 unless authorized by a variance granted in accordance with Section 38 10.01.30 of the St. Lucie County Land Development Code. DRAFT for 6/19/14 P&Z Page 4 of 11 1 3) The Buffer shall be preserved or planted with native vegetation as 2 approved by the Environmental Resources Director, or designee. If 3 native vegetation does not exist within all, or a portion of the Indian 4 River Lagoon Shoreline Buffer, the buffer shall be planted with 5 native vegetation. Shoreline replanting shall be in accordance with 6 the minimum planting requirements in Section 6.02,02.E. D. Hardened/Armored Shorelines 9 1. New Construction 10 Installation of any new shoreline hardening or armoring in waterways as 11 defined by Section 6.02.02(B) and Section 6.02.02(C) shall only be 12 permitted when a Variance has been granted per Section 10.01.30. 13 14 In the absence of design criteria provided by the appropriate jurisdictional 15 agency, the structure shall be constructed as follows: 16 17 a. Seawalls shall include riprap installed at a minimum 2H;1V slope and is to the mean high water line (MHWL), ordinary high water line (OHWL), 19 or four feet (4) above the bottom of the seawall, whichever is higher; 20 unless otherwise certified by a Professional Engineer (P.E.). The riprap 21 shall be planted with native vegetation at elevations as determined by 22 the Environmental Resources Director, or designee. 23 24 b. Hardened shorelines other than a seawall, shall include riprap installed 25 at a minimum 2H:1V slope, to the mean high water Line (MHWL), 26 ordinary high water line (OHWL); unless otherwise certified by a 27 Professional Engineer (P.E.). The riprap shall be planted with native 28 vegetation as detailed in D. 3. below. 29 . 30 c. New construction projects are required to meet the shoreline buffer 31 requirements as outlined in Sections 6.02.02 (B), (C), and (D). 32 33 2. Replacement Construction 34 Replacement of existing seawalls or other hardened shoreline armoring in 35 waterways as defined by Section 6.02.02(B) and Section 6.02.02(C) shall 36 be permitted only if no impacts to mangrove or seagrass are proposed 37 unless authorized by a variance granted in accordance with Section 38 10.01.30 of the St. Lucie County Land Development Code. New structures 39 shall be constructed using the design criteria in D.1,a. and b. above or to 40 the design criteria required by a state and/or federal jurisdictional agency. DRAFT for 6/19/14 P&Z Page 5 of 11 1 2 Cl 4 s 6 s 9 10 11 12 13 14 is 16 17 19 19 20 21 22 23 3. 13 Replacement construction projects are required to meet the shoreline buffer requirements as outlined in Sections 6.02.02 (B), (C), and (D). Littoral Zone Planting Requirement A minimum five (6) foot wide littoral zone is required and shall be planted with native aquatic vegetation as required in Section 6.02.02(B) and Section 6.02.02(C) unless otherwise approved by the Environmental Resources Director. SHORELINE BUFFER/ LITTORAL ZONE CROSS SECTION INTS! Rlp'rap/Llttoial Water Control Structure Maintenance Nothing in this section shall be construed to inhibit the revetment installation or maintenance, repair, or restoration of existing revetment around structures installed and maintained for the purpose of water control. All repair and restoration work shall implement appropriate best management practices to ensure that State water quality standards are met. E. Minimum Planting Requirements 1. One (1) 25-gallon tree species per nine hundred (900) square feet of buffer; and DRAFT for 6/19/14 P&Z Page 6 of 11 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2: One (1) 3-gallon shrub species per one hundred (100) square feet of buffer; and 3. One (1) 1-gallon groundcover species per nine (9) square feet of buffer; and 4. One (1) bare root or liner grass or herbaceous species per four (4) square feet of buffer shall be planted. 6. Where appropriate, the buffer shall include plants that are tolerant to inundation as a measure to minimize bank erosion and improve water quality. 6. Planting requirements shall not interfere with maintenance activities encumbered by a maintenance easement which has been granted by any governmental agency, including all 298 Districts including North St. Lucie River Water Control District and the Fort Pierce Farms Water Control District. F, Preserve Area Management Plan A Preserve Area Management Plan is required for shorelines that are impacted as part of a development permit. The Preserve Area Management Plan shall detail management of the Shoreline Buffer including native plant replanting, exotic removal, allowable uses, etc: The Preserve Area Management Plan shall be submitted at the time of application and approved by the Environmental Resource Director, or designee prior to issuance of a Vegetation Removal Permit. G. Exemptions The following activities are exempt from the Shoreline Protection Regulations in Section 6.02.02, with conditions; 1. Existing lots of record as of August 1, 1989, adjoining the Indian River and its tributaries. 33 2. Activities conducted by 298 Water Control Districts (including Fort Pierce Farms 34 Water Control District and North St. Lucie River Water Control District). Removal 35 of native vegetation which is necessary for the construction of utilities including 36 roads, streets, culverts, bridges, canals, ditches control structures, and utilities 37 excluding staging areas and with the following conditions: 38 39 a. Any disturbed area shall be restored to existing grade where feasible and 40 planted with native vegetation within ninety (90) days of completion of 41 construction. DRAFT for 6/19/14 P&Z Page 7 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 b. The shoreline shall be replanted according to the minimum planting requirements in Section 6.02.02.E within ninety (90) days of completion of construction. H. Violations 1: Activities within the shoreline buffer not in compliance with the requirements of this section will be issued a Notice of Violation and/or Stop Work Order by The Environmental Resources Department or Code Enforcement requiring the cessation of all work. The Notice of Violation and/or Stop Work Order shall be served to any person performing work and a copy of the Order shall be posted upon the property visible from the street, A copy of the Notice of Violation and/or Stop Work Order shall also be sent by Certified Mail, return receipt requested, to the address of the owner listed on the rolls of the St. Lucie County Property Appraiser. Posting of the notice on the subject property shall be prima facie evidence of the notice to owner. 2. In the event that the violation is not corrected within ninety (90) days from the date of Notice of Violation and/or Stop Work Order, the County may pursue code enforcement action following Sections 1-2-22 through 1-2-25 of the St. Lucie County Code of Ordinances. The Environmental Resources Director may recommend restoration of the buffer at the County's expense and the cost of restoration including the cost of plants, transportation, staff time, installation and maintenance, shall become a lien upon the property, CHAPTER X REQUEST FOR VARIANCE 10.01.30. -- Request for a Variances from Riverine Shoreline Protection Regulations. A. REQUEST FOR VARIANCE 32 1. Purpose and Intent 33 The purpose and intent of this section is to define the procedures and standards 34 for granting a Variance from Riverine Shoreline Protection Regulations in Section 35 6.02.02, 36 2. Procedures 37 a. A Request for Variance shall be submitted by the applicant in 38 writing to the Environmental Resources Director, or designee, in a 39 form approved by the Environmental Resources Director and 40 accompanied by a non-refundable fee, as established by the Board DRAFT for 6/19/14 P&Z Page 8 of 11 I of County Commissioners. The Request for Variance shall include 2 documentation of how the project qualifies fora Variance. s 10 11 12 13 14 1s 16 17 18 19 20 21 22 b. Within twenty (20) business days after an application for approval of a variance is submitted the Environmental Resources Director determines tnat the application Is not complete, he snag seng a written statement specifying the application's deficiencies to the ppplicant by mail. The Director shall take no further action on the application unless the deficiencies are remedied. tic. Within twenty (20) werkh4g--business days of the date the application the Environmental Resources Department shall provide notification by mail to all property owners who own real property directly affected by the proposed action and whose address is known by reference to the latest approved ad valorem tax roll, and to all property owners who own real property within five hundred (500) feet of the property directly affected by the proposed action whose address is known by reference to the latest ad valorem tax rolls. Notices shall be assigned a specific return date, not less than ten (10) calendar days from the date the notice was mailed, in order to be entered into the record for consideration in the Variance Decision. 23 s:d. Within forty (40) wG�business days of the date the application 24 is determined complete, Environmental Resource Department staff 25 and Public Works Department staff shall review and provide 26 findings and a recommendation of approval, approval with 27 conditions, or denial of the application to the Environmental 28 Resources Director and the Public Works Director. The 29 recommendation will be based on whether the project meets the 30 Standards for Issuance of a Variance from Riverine Protection 31 Regulations (Section 10.01.30.13) and other applicable Land 32 Development Code requirements or Comprehensive Plan policies.. 33 34 d-e. The Environmental Resources Director and the Public Works 35 Director shall consider the application, findings, staff 36 recommendation and any other information provided by the 37 applicant, public and other interested parties. Within ten (10) 38 working days after receipt of the recommendation from staff the 39 Environmental Resources Director and the Public Works Director 40 shall approve, approve with conditions, or deny the Variance 41 Request. 42 DRAFT for 6/19/14 P&Z Page 9 of 11 1 B. CRITERIA FOR GRANTING A VARIANCE FROM RIVERINE SHORELINE 2 PROTECTION REGULATIONS 3 1. Standards of Review 4 A Variance from the Riverine Shoreline Protection Regulations in Section s 6.02.02 may be granted if the applicant demonstrates to the satisfaction of the 6 Environmental Resources Director that the project meets the following 7 criteria: s a. Unnecessary Hardship 9 Denial of the Variance Request would result in a hardship for the 10 applicant (versus a mere inconvenience) such as, but not limited to, 11 severe property loss or damage and unsafe conditions. 12 b. Circumstances Beyond Control of Applicant 13 The conditions warranting a Variance were created by 14 circumstances, and/or actions beyond the applicant's control. 15 C. No Adverse Impact to Adjacent Shorelines 16 Granting the Variance will not adversely affect adjacent shorelines 17 or injure other property or improvements in the immediate vicinity. 18 This standard of review is based on physical findings and fact. 19 Facts provided by other interested parties and the public will be 20 given equal consideration. 21 d. No Water Quality Impacts 22 Granting the Variance will not adversely affect water quality or 23 contribute to erosion or siltation of the adjacent waterbody and 24 shorelines. 25 e. Minimum Necessary 26 The project is the minimum necessary for reasonable protection 27 and%r use of the land, building or structures. 28 f. Achieves the General Intent and Purpose of the Land Development 29 Code and Goals, Objectives and Policies in the Comprehensive 30 Plan. 31 2. Conditions of Approval for Granting a Variance 32 When granting a Variance Request, the Environmental Resources Director, 33 and the Public Works Director or designees, may impose conditions, DRAFT for 6/19/14 P&Z Page 10 of 11 I including, but not limited to, limitations on areal extent and scope of the 2 project, restricted use, planting requirements, conservation of additional 3 shoreline buffer and erosion control, etc. which meet the intent and purposes 4 of the Land Development Code and the Goals, Objectives and Policies of the s St. Lucie County Comprehensive Plan. 6 C. EXPIRATION AND EXTENSION 7 1. Expiration 8 Variances shall be valid for one (1) year from date of issuance, unless a 9 Building Permit is issued. 10 2. Extension 11 Applications for a time extension must be made in writing to the 12 Environmental Resources Director a minimum of thirty (30) calendar days 13 prior to expiration of the Variance. Variances may only be extended one 14 (1) time for a maximum of twelve (12) months. 15 D. AMENDMENT 16 A Variance from Riverine Shoreline Protection Regulations may be amended, 17 extended, or modified only in accordance with the procedures established for its is original approval. 19 E. APPEAL 20 Any party aggrieved by a decision may appeal such decision to the Board of 21 Adjustment pursuant to Section 11.11.01 of this Code. DRAFT for 6/ 19/ 14 P&Z Page 11 of 11