agenda item st. johns county board of county commissioners cover re… · modify section 6.01.03.g...

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AGENDA ITEM ST. JOHNS COUNTY BOARD OF COUNTY COMMISSIONERS

Deadline for Submission - Wednesday 9 a.m. – Thirteen Days Prior to BCC Meeting

June 3, 2014

BCC MEETING DATE

TO: Michael D. Wanchick, County Administrator DATE: April 23, 2014

FROM: Suzanne Konchan, AICP, Growth Management Department Director PHONE: 209-0712

SUBJECT OR TITLE: Public Hearing – Land Development Code Amendments for Articles II, III, IV, V, VI, VII, VIII and IX

Legal Review

BUSINESS ITEM BONDS X PUBLIC HEARING X ORDINANCE (PSS)

CONSENT AGENDA APPOINTMENTS BID AWARD RESOLUTION ( )

WORKSHOP REPORT EX PARTE COMMUNICATIONS

CONTRACT ( )

BONDS ( )

BACKGROUND INFORMATION: (Attach additional pages if necessary)

This is the first public hearing in a three part series to consider changes to eight articles of the Land Development Code. This amendment series primarily intends to incorporate a new Special Use for Large Places of Assembly along with incidentally necessary revisions to various articles. This series also addresses the applicability of the Coastal Overlay Districts, adds an optional Preliminary Subdivision Plan review, and revises various other sections for clarity and/or to address common waiver and variance requests. The attached ordinance includes suggested Land Development Code revisions based on internal staff discussions and a 2013 stakeholder meeting held to discuss large places of assembly. At least one additional stakeholder meeting will be held prior to final adoption.

1. IS FUNDING REQUIRED? YES X NO 2. IF YES, INDICATE IF BUDGETED YES NO

IF FUNDING IS REQUIRED, MANDATORY OMB REVIEW IS REQUIRED OMB REVIEW ( ) INDICATE FUNDING SOURCE - LIST ACCOUNT TITLE & NUMBER

SUGGESTED MOTION/RECOMMENDATION/ACTION: Motion to announce public hearings before the Planning and Zoning Agency June 19, 2014 and the Board of County Commissioners July 15, 2014..

Administration: DL Initials X FORWARDED TO BCC X SUPPORTING MATERIAL ATTACHED

Proposed Modifications to the Land Development Code Board of County Commissioners Meeting of June 3, 2014

A. Article II, Zoning Districts and Special Uses, Part 2.03.00 Special Uses and

Table 2.03.01, Special Uses in Zoning Districts, to add Section 2.03.55, Special Use category for Large Places of Assembly (Ordinance Sections 1 and 4) Modify the Special Use section to add a new category and appropriate review criteria for Large Places of Assembly. This change recognizes the increased intensity of assembly uses that are constructed to accommodate more than 1,000 people or 350 vehicles. The creation of an additional Special Use category will allow Growth Management staff and the Planning and Zoning Agency the opportunity to review these especially impactful Uses through the Special Use hearing process, and apply specific design criteria to help mitigate the overall effect of the Use on its surrounding area. The proposed Special Use criterion includes an increased building setback of 50 feet, with all improved areas, inclusive of parking areas, to be setback 35 feet. Sites proposed to house Large Places of Assembly must have direct, primary access to an Arterial, Major, or Minor Collector and the application would include a Traffic Analysis. When making a decision on the request for a Special Use permit, the Planning and Zoning Agency will review the application for its compatibility with the area based on certain factors outlined within Section 2.03.55.C. The Agency will also have the opportunity to waive certain provisions found in Section 2.03.55 if they are able to make a positive finding on each of several factors.

B. Article II, Zoning Districts and Special Uses, Section 2.03.12 Churches (Ordinance Section 2)

Modify the existing Special Use criteria for Churches to include an additional provision that if the Church has either more than 350 parking spaces or can hold more than 1,000 people, it is considered a Large Place of Assembly and must comply with the relevant requirements found in Section 2.03.55.

C. Article II, Zoning Districts and Special Uses, Section 2.03.38 Private Clubs

(Ordinance Section 3) Modify the existing Special Use criteria for Private Clubs to include an additional provision that if the Private Club has either more than 350 parking spaces or can hold more than 1,000 people, it is considered a Large Place of Assembly and must comply with the relevant requirements found in Section 2.03.55.

D. Article III, Special Districts, Section 3.06 Palm Valley (Ordinance Section

5)

Modify Section 3.06.03.A to apply the standards of the Palm Valley Overlay District to all zoning categories, which includes PUDs, PSDs, and PRDs. Single-Family and Two-Family Dwellings will remain exempted, as will other previously listed exempted Uses. The paragraph will also be modified to add additional

exemptions from the Overlay standards, including barns, corrals, greenhouses, and other substantially similar Structures. Other changes have been made to improve the clarity of the paragraph and its application. Sections 3.06.03.A.1-4, delineating the requests to which Part 3.06 applies, remains unchanged.

E. Article III, Special Districts, Section 3.07 South Anastasia (Ordinance

Section 6) Modify Section 3.07.03.A to apply the standards of the South Anastasia Overlay District to all zoning categories, which includes PUDs, PSDs, and PRDs. Single-Family and Two-Family Dwellings will remain exempted, as will other previously listed exempted Uses. The paragraph will also be modified to add additional exemptions from the Overlay standards, including barns, corrals, greenhouses, and other substantially similar Structures. Other changes have been made to improve the clarity of the paragraph and its application. Sections 3.07.03.A.1-4, delineating the requests to which Part 3.07 applies, remains unchanged.

F. Article III, Special Districts, Section 3.08 Mid Anastasia (Ordinance Section 7) Modify Section 3.08.03.A to apply the standards of the Mid Anastasia Overlay District to all zoning categories, which includes PUDs, PSDs, and PRDs. Single-Family and Two-Family Dwellings will remain exempted, as will other previously listed exempted Uses. The paragraph will also be modified to add additional exemptions from the Overlay standards, including barns, corrals, greenhouses, and other substantially similar Structures. Other changes have been made to improve the clarity of the paragraph and its application. Sections 3.08.03.A.1-4, delineating the requests to which Part 3.08 applies, remains unchanged.

G. Article III, Special Districts, Section 3.09 North Coastal (Ordinance Section 8) Modify Section 3.09.03.A to apply the standards of the North Coastal Overlay District to all zoning categories, which includes PUDs, PSDs, and PRDs. Single-Family and Two-Family Dwellings will remain exempted, as will other previously listed exempted Uses. The paragraph will also be modified to add additional exemptions from the Overlay standards, including barns, corrals, greenhouses, and other substantially similar Structures. Sections 3.07.03.A.1-4, delineating the requests to which Part 3.07 applies, remains unchanged.

H. Article IV, Natural Resources, Section 4.01.05 Trees and Other Vegetation (Ordinance Section 9) Modify Section 4.01.05.E.2 to clarify tree bank expenditures for installation of landscaping, landscaping equipment and related irrigation for capital improvements.

I. Article V, Development Options, Part 5.01 Subdivision (Ordinance Section

10)

Part 5.01 will be modified by renumbering Section 5.01.02 Platting Administrative Process to 5.01.03 and 5.01.03 Re-plats and Vacations to 5.01.04 and creating a new Optional Preliminary Subdivision Plan as Section

5.01.02. The Optional Preliminary Subdivision Plan (PSP) must be consistent with Part 5.02 Site Plan and Part 9.03 Special Uses, Variances, Temporary Use Permits, Minor Modification to PUD or PRD allowing for a quasi-judicial hearing before the Planning and Zoning Agency. Approval of the PSP would allow the applicant to submit subdivision construction plans, but not to transfer title to lots or obtain a building permit in most cases. This process is designed for proposed single family or townhome subdivisions in non-PUD residential zoning districts. Without this option, applicants for these types of developments must proceed through plat approval and bonding prior to subdivision construction plans may be approved.

J. Article V, Development Options, Section 5.03.02 General Standards

(Ordinance Section 11) Modify Section 5.03.02.G.1.r (1) to allow Planned Unit Developments (PUD) to be developed in phases of five (5) to ten (10) years. This modification reflects a common waiver request of PUD applicants, who wish to develop most often in one ten-year phase when the Code only permits five year phases. By extending the allowable phasing term, applicants will be afforded greater flexibility when planning developments and the frequency of waiver requests to this section will be greatly reduced.

K. Article V, Development Options, Section 5.03.03 Specific Standards (Ordinance Section 12)

Modify Section 5.03.03.F to clarify that signage in PUDs is subject to Article VII, Signage, of the LDC unless a Unified Sign Plan (USP) has been approved for the project. These changes will eliminate a common waiver request as applicants often request relief from the USP requirement because of uncertainty as to whether it is actually required by this section.

L. Article VI, Design Standards and Improvement Requirements, Section 6.01.03 Lot Width Area and Yard Requirements (Ordinance Section 13) Modify Section 6.01.03.G Waterfront Yards to clarify the method of measurement in paragraph 1. When the mean high-water line falls within the lot lines, the required yard shall be measured from the mean-high water line. In order to determine lot coverage and density for lots with waterfront yards, the mean high-water line will act as the lot line when it falls within the lot lines. When a lot contains a seawall, the required yard shall be measured from the seawall. This paragraph will replace the previously used definition of waterfront yards that requires the Natural Water Body to be 50 feet or more in width. The existing paragraph 2, which currently defines the method of yard measurement, will be deleted and the remaining two paragraphs will be renumbered accordingly. Overall, the changes will clarify the definition of Waterfront Yards and the method of determining maximum lot coverage and density and was crafted with the assistance of the County Surveyor.

M. Article VI, Design Standards and Improvement Requirements, Section

6.06.04 Buffering and Screening Requirements (Ordinance Section 14)

Modify Section 6.06.04.A by creating two paragraphs and adding clarification

that in the case of a Special Use as listed on Table 2.03.01, the required buffer will be determined based on the Use Category the Special Use is permitted in. The addition will create a more exact method of determining the required buffer between incompatible uses and will provide for a better form of mitigation between these uses.

N. Article VII, Signs, Section 7.03.01 Special Use Signs – Exemptions and

7.08.01 Prohibited Signs (Ordinance Section 15)

Modify Section 7.03.01.N by adding signs within gated communities to the listed exemptions of the sign provisions of the Land Development Code, and amend Section 7.08.01.S, the listing of prohibited signs, to except these signs. The change to 7.08.01.S is also requested by the School District, so that public information signs owned and maintained by the listed public agencies may have automatic changeable copy signs.

O. Article VII, Signs, Section 7.09.01 Non-Conforming Signs (Ordinance Section 16)

Delete Section 7.09.01.D Future Compliance in its entirety. Currently, all Non-conforming Signs must be removed or brought into compliance within 15 years of the adoption of the Code. Further, all Non-conforming Signs on sites that propose to repair, replace, or increase a main Use Structure on the site by more than 15% must be brought into compliance with the Code. By eliminating this section, Non-conforming Signage would be permitted to remain until the Sign itself is proposed to be replaced or substantially changed.

P. Article IX, Administration, Section 9.06.04 Notice of Hearings (Ordinance

Section 17)

Modify Section 9.06.04.N by adding the provision that when more than two methods of notice are required, the failure to receive notice by one of the methods provided for in the section will not be considered a jurisdictional defect or as grounds to invalidate a public hearing as long as a good faith attempt was made to provide the notice, and other noticing requirements are met. The addition to this section will act to protect staff and applicants who make a good faith effort to comply with all required noticing procedures, but who occasionally fail to provide unblemished notice due to unforeseen circumstances.

Q. Article X, Interpretations. Equitable Relief, and Enforcement, Section

10.01.02 Procedures (Ordinance Section 18) Modify Section 10.01.02 to add that requests for interpretations of the Code

shall only be filed for property in which the requesting party has a legal or equitable interest, or has entered into a contract for the purchase or sale of the property. The addition of this language will serve to limit the scope of administrative interpretation requests that are received and often used as fodder for disputes between neighbors. Further changes to the section are to add clarity of the requirements to request an administrative interpretation.

R. Article XII, Definitions (Ordinance Section 19)

Add a definition to Article XII for Large Places of Assembly. The definition

includes a list of examples of those places most commonly considered places of assembly and the circumstances in which they would be considered “large.” The addition of this definition corresponds with the new Special Use category, and has been drafted to clearly define when a Use will be considered a Large Place of Assembly.

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ORDINANCE NO. 2014-_______ 1 2 3

AN ORDINANCE OF ST. JOHNS COUNTY, A POLITICAL 4 SUBDIVISION OF THE STATE OF FLORIDA, AMENDING 5 ARTICLE II ZONING DISTRICTS AND SPECIAL USES; 6 ARTICLE III SPECIAL DISTRICTS; ARTICLE IV NATURAL 7 RESOURCES; ARTICLE V DEVELOPMENT OPTIONS; 8 ARTICLE VI DESIGN STANDARDS AND IMPROVEMENT 9 REQUIREMENTS; ARTICLE VII SIGNS; ARTICLE IX 10 ADMINISTRATION; ARTICLE X INTERPRETATIONS 11 EQUITABLE RELIEF, AND ENFORCEMENT; AND 12 ARTICLE XII DEFINITIONS OF THE ST. JOHNS COUNTY 13 LAND DEVELOPMENT CODE AS PREVIOUSLY 14 AMENDED; THIS ORDINANCE MAKES CHANGES 15 INCLUDING AND RELATING TO: ARTICLE II, 16 SPECIFICALLY PART 2.03.00 SPECIAL USES; ARTICLE III 17 SPECIFICALLY PART 3.06.00 PALM VALLEY OVERLAY 18 DISTRICT, PART 3.07.00 SOUTH ANASTASIA OVERLAY 19 DISTRICT, PART 3.08.00 MID-ANASTASIA OVERLAY 20 DISTRICT AND PART 3.09.00 NORTH COASTAL 21 OVERLAY DISTRICT; ARTICLE IV NATURAL 22 RESOURCES, SPECIFICALLY PART 4.01.00 NATURAL 23 RESOURCES; ARTICLE V DEVELOPMENT OPTIONS, 24 SPECIFICALLY PART 5.01.00 SUBDIVISION AND PART 25 5.03.00 PLANNED UNIT DEVELOPMENT (PUD) 26 DISTRICTS; ARTICLE VI, SPECIFICALLY PART 6.01.00 27 LOT WIDTH AREA AND YARD REQUIREMENTS, AND 28 PART 6.06.00 LANDSCAPING AND BUFFERING 29 REQUIREMENTS; ARTICLE VII, SPECIFICALLY PART 30 7.03.00 SPECIAL USE SIGNS, PART 7.08.00 PROHIBITED 31 SIGNS, AND PART 7.09.00 NON CONFORMING SIGNS; 32 ARTICLE IX, SPECIFICALLY PART 9.06.00 HEARINGS; 33 ARTICLE X, SPECIFICALLY PART 10.01.00 34 INTERPRETATIONS OF THIS CODE; AND ARTICLE XII 35 DEFINITIONS; PROVIDING FOR SEVERABILITY AND 36 PROVIDING FOR AN EFFECTIVE DATE. 37 38

39 WHEREAS, local land development regulations require evaluation and revision 40

to address public health, safety and welfare issues that may occur during the 41 implementation of land development regulations such as the provision of clear design 42 standards for permissible uses; and 43 44

WHEREAS, places of assembly represent freedom and expression and should be 45 supported by the County; and 46

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WHEREAS, the County believes that Articles II, VI, VII and XII of the County’s 1 current Land Development Code can be further improved by modifications herein; and 2

3 WHEREAS, it is found that the hereinafter Ordinance provisions are consistent 4

with and restore and implement provisions of the 2025 Comprehensive Plan Amendment 5 of St. Johns County as adopted and enacted on August 17, 2010; 6

7 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 8

COMMISSIONERS OF ST. JOHNS COUNTY FLORIDA, that: 9 10 Section 1. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 11 amended by modifying Section 2.03.01 Allowable Special Uses by Zoning Districts, 12 specifically Table 2.03.01, attached as Exhibit 1, to specifically reference Large Place of 13 Assembly. 14 15 Section 2. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 16 amended by adding paragraph C to Section 2.03.12 Churches; 17 18

Sec. 2.03.12 Churches 19 20

C. If the Church has either more than 350 paved or unpaved parking spaces, 21 including all spaces reserved for its use; or is capable of holding more than 22 1,000 people, it must satisfy the requirements of Sec. 2.03.55 for Large Place 23 of Assembly. 24

25 Section 3. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 26 amended by deleting Section 2.03.38 Private Clubs in its entirety and by adding and 27 substituting the following in its stead; 28 29

Sec. 2.03.38 Private Clubs 30 31

Private Clubs may be permitted as a Special Use within districts as defined in Section 32 2.03.01, subject to the following conditions and limitations: 33 34 Private Clubs which have either more than 350 paved or unpaved parking spaces, 35 including all spaces reserved for its use; or is capable of holding more than 1,000 36 people, must satisfy the requirements of Sec. 2.03.55 for Large Places of Assembly. 37

38 Section 4. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 39 amended by adding Section 2.03.55 Large Places of Assembly; 40 41

Sec. 2.03.55 Large Place of Assembly 42 43 Large Place of Assembly as defined by Part 12.01.00, where the Use results in the 44 congregation of large numbers of people and/or vehicles, may be permitted as a 45 Special Use within districts as defined in Section 2.03.01, and whether permitted by 46

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right or Special Use shall also be subject to the following conditions and limitations 1 to ensure compatibility with adjacent Uses and the surrounding neighborhood: 2 3 A. Setbacks and Screening 4

5 1. Buildings shall be setback a minimum fifty (50) feet from property 6

lines. 7 8

2. All improved areas, including paved or unpaved parking lots, shall be 9 setback a minimum thirty-five (35) feet from property lines. 10

11 3. Screening shall be provided to mitigate incompatibilities with a 12

finished masonry wall or decay-resistant fence, other than chain link, 13 at least six (6) feet in height. If a masonry or block wall is provided, it 14 shall be painted and architecturally finished on both sides. Buffer 15 widths shall be in accordance with Section 6.06.04. The placement and 16 extent of the buffer and screening standard may be enhanced, reduced, 17 or otherwise modified by the Planning and Zoning Agency relative to 18 location and nature of adjacent uses. 19

20 B. Orientation, Access, and Design 21

22 1. A Large Place of Assembly shall have direct primary access to an 23

Arterial, Major, or Minor Collector Road. Secondary access to Local 24 Roads may be considered. 25

26 2. A Land Development Traffic Analysis shall be provided to address site 27

access points. The Use shall meet the vehicle storage requirements of 28 Section 6.04.05. 29

30 C. Special Use Permit 31 32

The following factors shall be considered in the review of a Special Use 33 Permit application: 34

35 1. The compatibility of the proposed Large Place of Assembly Use with 36

existing and planned land Uses. In making a determination of 37 compatibility, the following shall be considered: 38

39 a. The nature of existing and planned land use. 40 41 b. The size and scale of the proposed Assembly Use. 42 43 c. The effect of increased traffic generation on existing and 44

planned land Uses. 45 46

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d. The proximity to residences, schools, hospitals, or churches 1 2 e. The proximity to recreational Uses such as parks and 3

playgrounds. 4 5

2. Impact on the roads and bridges that will provide access to the Large 6 Place of Assembly Use. 7

8 3. Whether the road providing access to the Assembly Use is substandard 9

creating either safety or capacity concerns. 10 11

4. Number of peak trips the Use will generate and the impact on existing 12 traffic. 13

14 5. Whether the proposed Use requests lighting that would be 15

inappropriate or disruptive in the surrounding neighborhood. 16 17

6. Whether the proposed Use will generate noise levels that would be 18 inappropriate or disruptive in the surrounding neighborhood. 19

20 D. Waiver 21 22

1. Generally 23 24

The requirements of this Section, except for the specific requirement of 25 Section 2.03.55.B.1, may be waived where the Planning and Zoning Agency 26 makes a positive finding on each of the following factors: 27 28 a. There are practical difficulties in carrying out the strict letter of the 29

regulation. 30 31

b. The waiver request is not based exclusively upon a desire to reduce the 32 cost of developing the site. 33

34 c. The proposed waiver will not substantially increase congestion on 35

surrounding public streets, the danger or fire, or other hazard to the 36 public. 37

38 d. The proposed waiver will not substantially diminish property values 39

in, nor alter the essential character of, the area surrounding the site. 40 41

e. The effect of the proposed waiver is in harmony with the general intent 42 of this Code and the specific intent of the relevant subject area(s) of 43 the Code. 44

45 2. Decision by Planning and Zoning Agency 46

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1 The Planning and Zoning Agency, in review of the application for Special Use 2 Permit, shall make a decision on any waiver request that pertains to the 3 specific standards. 4

5 Section 5. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 6 amended by deleting Part 3.6.00 Palm Valley Overlay District Section 3.06.03 paragraph 7 A in its entirety and by adding and substituting the following in its stead; 8 9

A. All standards prescribed in this Part shall apply to all Uses contained within 10 the CN, CG, CHI, CHT, CI, CW, OP, RG-1, and RG-2 all zoning categories 11 (including those Uses when contained in PUD’s, PSD’s, andor PRD’s) 12 excluding single-family dwellings;, two family dwellings;, mobile homes;, 13 roadside stands;, nurseries, barns, corrals, greenhouses and other substantially 14 similar Structures; temporary uses;, and boarding stables and riding 15 academies. These requirements shall apply to property proposed for 16 Development as a permitted Use, and to all proposed Development 17 subsequent to any Rezoning, as well as to additions, exterior remodeling and 18 renovations hereafter undertaken within the Palm Valley Overlay District. 19

20 1. Exterior remodeling and renovation shall be defined as any activity 21

changing the exterior of a Structure that requires a County Building 22 Permit, as well as to Construction or alteration of fences or decks. 23

24 2. These regulations shall apply to only that portion being added, 25

remodeled, renovated or changed. 26 27 3. Landscaping, buffers, signage, parking lots and Structures may be 28

maintained and repaired, Buildings re-painted using the same colors, 29 and roofs repaired and replaced with the same materials and colors, 30 without a review by the Architectural Review Committee (ARC). 31

32 4. Any non-conforming Uses or Structures impacted by this Part shall 33

follow Part 10.03.00 of this Code concerning non-conforming 34 regulations 35

36 Section 6. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 37 amended by deleting Part 3.07.00 South Anastasia Overlay District Section 3.07.03 38 paragraph A in its entirety and by adding and substituting the following in its stead; 39 40

A. All standards prescribed in this Part shall apply to all Uses contained within 41 all the CN, CG, CHI, CHT, CI, CW, OP, RG-1, and RG-2 zoning categories 42 (including those Uses when contained in PUD’s, PSD’s, andor PRD’s) 43 excluding Single-Family Dwellings;, Two Family Dwellings;, mobile homes;, 44 roadside stands;, nurseries, barns, corrals, greenhouses and other substantially 45 similar Structures; temporary uses;, boarding stables;, and riding academies. 46 These requirements shall apply to property proposed for Development as a 47

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permitted Use, and to all proposed Development subsequent to any rezoning, 1 as well as to additions, exterior remodeling and renovations hereafter 2 undertaken within the South Anastasia Overlay District. 3


changing the exterior of a Structure that requires a County Building 6 Permit. 7



maintained and repaired (i.e. Buildings repainted using the same colors 13 and roofs repaired and replaced with the same materials and colors), 14 without a review by the Design Review Board (DRB). 15


follow Part 10.03.00 of this Code concerning non-conforming 18 regulations. 19

20 Section 7. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 21 amended by deleting Part 3.08.00 Mid-Anastasia Overlay District Section 3.08.03 22 paragraph A in its entirety and by adding and substituting the following in its stead; 23 24

A. All standards prescribed in this Part shall apply to all Uses contained within 25 all the CN, CG, CHI, CHT, CI, CW, OP, RG-1, and RG-2 zoning categories 26 (including those Uses when contained in PUD’s, PSD’s, andor PRD’s) 27 excluding single-family dwellings;, two-family dwellings;, mobile homes;, 28 roadside stands;, temporary uses;, nurseries, barns, corrals, greenhouses and 29 other substantially similar Structures; and, boarding stables and riding 30 academies. These requirements shall apply to property proposed for 31 Development as a permitted Use, and to all proposed Development 32 subsequent to any Rezoning, as well as to additions, exterior remodeling and 33 renovations hereafter undertaken within the Mid-Anastasia Overlay District. 34


changing the exterior of a Structure that requires a County Building 37 Permit, and also the re-painting of any Structure to a color other than 38 the existing color, as well as to Construction or alteration of fences or 39 decks. 40



maintained and repaired, Buildings re-painted using the same colors, 46

7

and roofs repaired and replaced with the same materials and colors, 1 without a review by the Design Review Board (DRB) 2



7 8 Section 8. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 9 amended by deleting Part 3.09.00 North Coastal Overlay District Section 3.09.03 10 paragraph A in its entirety and by adding and substituting the following in its stead; 11 12

A. Applicability: The standards prescribed in this Part shall apply to all 13 commercial and multifamily uses contained within all the CN, CG, CHI, 14 CHT, CI, CW, OP, RG-1, and RG-2 zoning categories, including such uUses 15 contained within PUDs. Single-family dwellings, two-family dwellings, 16 Manufactured/Modular Homes or Manufactured/Mobile Homes, roadside 17 stands, plant nurseries, boarding stables, riding academies, barns, corrals, 18 greenhouses and other substantially similar Structures. or temporary uses as 19 may be otherwise allowed by these regulations shall be excluded from the 20 requirements of this Part. Unless otherwise exempted, the requirements of 21 this Part shall apply to property proposed for Development as an Allowable 22 Use or as a Special Use, as well as to signage and certain exterior renovations 23 hereafter undertaken within the North Coastal Overlay District. 24

25 1. Exterior renovation shall be defined as any activity changing the 26

exterior of a structure that requires a County Building Permit, and also 27 exterior repainting not otherwise exempted by this Part. 28

29 2. The requirements of this Part shall apply to only that portion being 30

added, remodeled, renovated or changed. 31 32 3. Landscaping, buffers, signage, parking lots and Structures may be 33

maintained and repaired (i.e. Buildings repainted using the same colors 34 and roofs repaired and replaced with the same materials and colors), 35 without a review by the Design Review Board, provided that such 36 repair or maintenance does not substantially alter the appearance of 37 that which is being repaired or maintained. 38

39 4. Any Non-conforming uses or Structures impacted by this Part, shall 40


43 Section 9. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 44 amended by deleting Section 4.01.05.E paragraph 2 in its entirety and by adding and 45 substituting the following in its stead; 46

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2. St. Johns County Tree Bank Fund 1 2

a. A dedicated financial fund shall be created under authority of this 3 Code to receive payments as detailed elsewhere in this Article, 4 when Protected Trees are not replaced after Removal. The Tree 5 Bank shall be a separate line item set up and shown on County 6 financial records in which all receipts are detailed. Expenditures 7 of Tree Bank funds occur after approval by the Board of County 8 Commissioners in advance of the expenditure for the following 9 projects: 10

11 (1) County Cconstruction and capital improvement limited to 12

cost of Trees, landscaping equipment and 13 landscapingassociated installation and irrigation equipment 14 incidental to the installed landscaping. 15

16 (2) Capital improvement project limited to cost of 17 Trees, equipment and landscaping installation. 18

19 (3)(2) Beautification limited to the cost of Trees, landscaping 20

equipment, and landscapingassociated installation and 21 irrigation equipment incidental to the beautification project. 22 Where Tree Bank funds are used to plant trees in County 23 Road medians or shoulders, such funds may also be used to 24 fund design by a Registered Landscape Architect to assure 25 the safety, viability and appropriateness of such plantings. 26

27 (4)(3) Conservation or natural preserve area protection and 28

enhancement limited to cost of Trees, landscaping 29 equipment, and landscapingassociated installation and 30 irrigation equipment incidental to the enhancement project, 31 access, trails and amenities such as receptacles and 32 benches. 33

34 (5)(4) To mitigate negative environmental effects of tree removal 35

and the loss of treed acreage and to provide the ability to 36 mitigate wildlife displacement as reasonably determined by 37 the County Administrator using acceptable environmental 38 evaluation practices and programs or preservation land 39 assessment and acquisition. 40

41 (6)(5) Multi-family or Single Family Lots for housing qualifying 42

under State and Federal affordable/workforce housing 43 programs in order to meet applicable Tree inch 44 Requirements. 45

9

An annual separate accounting statement shall be presented to the 1 Board of County Commissioners by the County Administrator 2 detailing yearly activity of the Tree Bank Fund. 3

4 b. The Tree Bank Funds may not be used to fund ongoing 5

maintenance costs following the completion of a project may be 6 used when authorized by the Board of County Commissioners for 7 projects that upgrade the existing landscaping of private Parking 8 Areas, in support of the public purpose of increasing the tree 9 Canopy in the County. Such funds may be authorized for up to 10 fifty percent (50%) of the landscaping only costs, when a suitable 11 landscape and Parking Area design is submitted to the County 12 Commission and approved. Landscape plans and costs must be 13 submitted by a State of Florida licensed Landscape Architect. 14 Approved funds may be released following satisfactory installation 15 of the new landscaping. 16

17 Section 10. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 18 amended by renumbering Sections 5.01.02 Platting Administrative Process to 5.01.03 and 19 5.01.03 Re-plats and Vacations to 5.01.04 and by adding a new Section 5.01.02 Optional 20 Preliminary Plat; 21 22 Sec. 5.01.02 Optional Preliminary Subdivision Plan 23 24

Not withstanding the provisions of 5.01.01.C.1, prior to Final Subdivision Plat 25 approval, a Preliminary Subdivision Plan (PSP) may be submitted and approved 26 consistent with Parts 5.02.00 and 9.03.00 of this Code. 27

28 Approval of the Preliminary Subdivision Plan shall be construed as authority for 29 submitting subdivision construction plans. Approval of the Preliminary Subdivision 30 Plan shall not be construeded as authority for the transfer of title of lots in reference 31 to such Preliminary Subdivision Plan or for obtaining building permits except as may 32 be permitted in Section 2.02.04.B.10 of this Code. 33

34 Section 11. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 35 amended by deleting Section 5.03.02 paragraph G.1.r(1) in its entirety and by adding and 36 substituting the following in its stead; 37 38

(1) the provision of an estimate of Uses to be developed within five (5) to ten (10) 39 year phases. The estimated phases may overlap during construction; however, 40 a phase shall be fifty percent (50%) complete, before the next phase may 41 proceed; or 42

43 Section 12. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 44 amended by deleting Section 5.03.03 paragraph F in its entirety and by adding and 45 substituting the following in its stead; 46

10

1 F. Unified Sign Plan 2

3 All signage within a PUD shall conform to the provision of Article VII of this 4 Code, unless Within a PUD for which signage is authorized and regulated 5 pursuant to an approved Unified Sign Plan as part of the PUD. Any, the area 6 of the PUD regulated by the Unified Sign Plan shall be considered a single 7 premise for the purposes of sign regulations, without regard to ownership of 8 individual PUD parcels. 9

10 Section 13. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 11 amended by deleting Section 6.01.03 paragraph G in its entirety and by adding and 12 substituting the following in its stead; 13 14 G. Waterfront Yards 15 16

1. Waterfront Yards are defined for purposes of this Code as yards shall 17 be measured from the mean high-water line whenever mean high-18 water line falls within the lot lines. For the purposes of determining 19 the maximum lot coverage and density for lots with waterfront yards, 20 the mean high-water line shall be substituted for lot lines wherever the 21 mean high-water line falls within the lot lines. Provided, however, on 22 lots with seawalls the yard shall be measured from the seawall.Yards 23 immediately adjacent to a Natural Water Body that is fifty (50) feet or 24 more in average width. Lots having one or more such Waterfront 25 Yards shall be considered waterfront Lots. 26

27 2. Where a Waterfront Yard exists, the following requirements shall be 28

construed as replacing Yard requirements otherwise applicable to the 29 portion of the Lot involved. Depth of required Waterfront Yards shall 30 be measured Shore-normal to the Mean Waterfront Line. In any case 31 where the Mean Waterfront Line meanders across both sides of the 32 property line, a base line that at all points approximates the more 33 constricting of the two shall be used for measurement of the required 34 setback. 35

36 32. Waterfront Yards shall equal Rear Yard requirements for the zoning 37

district in which the Lot is located as provided in Section 6.01.01 of 38 this Code. 39

40 43. Waterfront Yard requirements may be modified by additional buffer 41

and setback requirements as contained in Section 4.01.06 42 (Environmentally Sensitive Areas – Wetlands, Estuaries, and Natural 43 Water Bodies) or Part 6.06.00 (Landscaping and Buffering 44 Requirements), or other provisions of this Code. 45

46

11

Section 14. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 1 amended by deleting Section 6.06.04.A Buffering and Screening Requirements in its 2 entirety and by adding and substituting the following in its stead; 3 4

A. Buffers Between Incompatible Land Uses 5 6

The minimum required buffer distance between proposed land Uses and the 7 zoning Lot line is set forth in the tables below. If the land next to the proposed 8 Development is vacant, the buffer required shall be determined by the existing 9 zoning on the adjacent vacant Parcel. If the adjacent Parcel is vacant but is 10 zoned for a more intensive zoning district, no buffer area shall be required of 11 the less intensive Use. For any Special Use listed on Table 2.03.01, the buffer 12 required shall be determined by the Use Category the Special Use is permitted 13 in. 14

15 The nature of surrounding Land Uses shall be considered in order to mitigate 16 incompatibilities. Buffer widths and screening standards represent minimum 17 required details which may be expanded, averaged, modified, and/or increased 18 to minimum external impacts. The relative degree of intensity shall be 19 determined as follows: 20 (note: tables 6.19 and 6.20 follow with no changes) 21

22 Section 15. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 23 amended by deleting Section 7.03.01.N in its entirety and by adding and substituting the 24 following in its stead; 25 26 N. Signs Erected within interior courtyards or the inside fence line of ball and 27

multi-purpose playing fields, stadiums, arenas, racetracks, within gated 28 communities and similar places, visible only to those Persons visiting such 29 place. Such Signs shall not be Erected along or upon the outside of such area, 30 except in compliance with this Code. 31

32 Section 16. St. Johns County Ordinance No. 99-51, as previously amended, is here by 33 amended by deleting Section 7.08.01.S in its entirety and by adding and substituting the 34 following in its stead; 35 36 S. Automatic Changeable Message Devices, except Special Use Signs permitted 37 under Section 7.03.01.A and N. 38 39 Section 17. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 40 amended by deleting Section 7.09.01.D Future Compliance; 41 42

All Non-conforming Signs shall be removed or brought into compliance with this 43 Code within fifteen (15) years of the adoption of this Code, except for those protected 44 by Section 479.15(2), F.S. In the event a Non-conforming Sign is located on a 45 property that is proposing to repair, replace or increase a main Use Structure on the 46

12

site by more than fifteen percent (15%) of the current just value of the structure, all 1 non-conforming signs shall be brought into compliance with this Code. The 2 provisions of this section shall not preclude regular Maintenance and upkeep, 3 including but not limited to repainting, for the operation and life of the Sign. 4 5

Section 18. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 6 amended by deleting paragraph A of Section 9.06.04 Notice of Hearings in its entirety 7 and substituting the following in its stead; 8 9

A. Generally 10 11 In addition to any requirements of state law that may apply to a given matter, the 12 following notice requirements shall be followed. Where more than two methods of 13 notice are required, failure to receive notice by one of the methods provided in this 14 section shall not constitute a jurisdictional defect or be grounds to invalidate a public 15 hearing if a good faith attempt was made to provide such notice and all other notice 16 requirements are met. 17 18

Section 19. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 19 amended by deleting Section 10.01.02 Procedures in its entirety and substituting the 20 following in its stead; 21

22 Sec. 10.01.02 Procedures 23 24 A request for interpretation may only be filed for property in which the requestor 25

holds legal or equitable interest, or in which the requestor has entered into a contract 26 for sale or purchase. A request for an interpretation shall be filed with the County 27 Administrator on a form established by the County Administrator. After a completed 28 application form, and required fee have been received, the County Administrator shall 29 issue a letter of interpretation within ten (10) working days of receipt of the complete 30 application package. 31

32 Section 20. St. Johns County Ordinance No. 99-51, as previously amended, is hereby 33 amended by modifying and adding the following to Article XII Definitions; 34

35 Place of Assembly, Large: A place or premise designed to accommodate the 36 assembly of persons attending large athletic events, musical performances, dramatic 37 or dance performances, speeches or ceremonies, and other cultural or entertainment 38 events. The Use includes but is not limited to arenas, auditoriums, conference 39 facilities, convention centers, exhibition halls, major sports facilities, theaters and 40 performing arts centers, churches, and other facilities designed for assembly. For the 41 purposes of determining whether a place or premise is a Large Place of Assembly 42 Use, the following considerations shall apply: 43

44 A. The Use is capable of holding more than 1,000 people as determined by the 45

intent of the Florida Building Code for Individual Assembly Occupancies; or 46

13

1 B. The Use has more than 350 paved or unpaved parking spaces, including all 2

spaces reserved for its use. Parking spaces are considered reserved if owned, 3 leased, or used by agreement; or are adjacent to the Use so that it is reasonably 4 foreseeable persons visiting the Use will park there. This will include 5 temporary or permanent arrangements, and applies regardless of the distance 6 between, or the method of access to the parking spaces and the Large Place of 7 Assembly. 8

9 Section 21. The remaining portions of the St. Johns County Land Development Code, 10 Ordinance 99-51, as amended, which are not in conflict with the provisions of this 11 ordinance, shall remain in full force and effect. 12 13 Section 22. Severance Clause. It is the intent of the Board of County Commissioners 14 of St. Johns County, and is hereby provided, that if any section, subsection, sentence, 15 clause, phrase or provision of this Ordinance is held to be invalid or unconstitutional by a 16 court of competent jurisdiction, such invalidity or unconstitutionality shall not be 17 construed as to render invalid or unconstitutional the remaining provisions of this 18 Ordinance. 19

20 Section 23. Effective Date. This Ordinance shall take effect on ________, 2014 or 21 upon its being filed with the Department of State of Florida, whichever is later. 22

23 24

25 PASSED AND ENACTED by the Board of County Commissioners of St. Johns 26

County, Florida, this ___________day of _____________________, 2014. 27 28

BOARD OF COUNTY 29 COMMISSIONERS 30 OF ST. JOHNS COUNTY, FLORIDA 31 32 33 By:_________________________ 34 John H. Morris, Chairman 35

36 ATTEST: Cheryl Strickland, Clerk of Court 37 38 By: ________________________________ 39

Deputy Clerk 40 41

Effective Date:_____ 42

EXHIBIT 1

TABLE OF SPECIAL USES IN ZONING DISTRICTSTABLE 2.03.01

______________________________________________________________________St. Johns County Land Development Code II-29

________________________________February 5, 2013

Zone District Special Use

O R

R S E

R S 1

R S 2

R S 3

R G 1

R G 2

RMH

RMH

(S)

OP C N

C G

T CMU

C H T

C I

C R

C H I

CW I W H

IP S

A D

Alcoholic Beverages S S S S A S S S S S S S

Adult Uses S S S S

Child & Adult Care A S S S S S S S S A A A S A A A S S A

Horse & Ponies A S S S S S S S S A

Other Animals A S S S S S S S S A

Home Occupation S S S S S S S S S S

Manufactured/Mobile Home A S S S S S A A S S S S S S S A A A A S

Manufactured/Mobile Home Park A S

Land Excavation/Borrow Area S S S A S A

Solid Waste Facilities S A

Churches A S S S S S S S S A A A S A A A S S S S S A

Cemeteries/Mausoleums A S S S S S S S S S S S A

Crematoriums S S S S S S S

Off-Site/Unpaved Parking Lots S S S S S S S S S S S S S S S S S S S S S

Personal Property/Mini-Warehouse S S S S A S A A A A

Private Schools S S S S S S S S S S S S S S S

Two Family Dwellings S S S S A A S S A A A A A A A A A A

Marinas S S A A A A A S

Port A A A A A

Community Marina S S S S S S S S S A S

Correctional Facilities S S

Farm Worker Housing S S

Psychics, Astrologists & Palmists S S A S A A A A A A A

Special Care Housing A S S S S A A S S S

Bed & Breakfast Est. S S S A A A A A A

Water & Watstewater Treatment Plants and Facilities S S S S S S S S S S S S S S S S S S A A S

Antenna Towers S S S S S S S S S S S S S A S A A A A S S

Recreational Vehicle Campgrounds A S A S S S S



________________________________February 5, 2013


O R

R S E

R S 1

R S 2

R S 3

R G 1

R G 2

RMH

RMH

(S)

OP C N

C G

T CMU

C H T

C I

C R

C H I

CW I W H

IP S

A D

More than One Main Use Structure on a Residential Lot S S S S S A A S S

General Store S A A A A AOutdoor Firing Range SVehicle Recycling Facilities S S

Kennels & Other Animal Boarding Facilities S A A A A A S

Retreat S A A AFish Camps S A AHousehold Animals A S S S S S S S S ATruck Stops S S S SElectric Substations S S S S S S S S S S S S S S S S S S A A SPrivate Clubs A S S A A A A SSingle Family Residential A A A A A A A A A A A A A A A A A A A A AAircraft Landing Field S

Veterinary Offices & Animal Hospitals S A A S A A A A A S

Recreational Vehicle/Boat Storage S S A A A A A A

Commercial Recreation A A A A A S S S

Convenience Store with or without gas pumps A A A S S

Restaurants with or without drive through S A A A A A A

Financial Institutions with or without drive through A A A A A S S

Bars and other similar facilities S S S S

Electronic Game Promotions S S S S

Indoor activities allowed by or on the premises of a licensed pari-mutuel permit holder; Adult Arcade Amusement Centers

S A A S

Composting and other Yard Waste Facilities S S A

Car Wash Facilities S A A S A A



________________________________February 5, 2013


O R

R S E

R S 1

R S 2

R S 3

R G 1

R G 2

RMH

RMH

(S)

OP C N

C G

T CMU

C H T

C I

C R

C H I

CW I W H

IP S

A D

Automobile Oil Change Facilities S A A S A A

Tire Service Centers S A A S A ASocial Assistance Centers S S S S S A S A A S S A SOutside Storage S A A S A A A A A ALarge Place of Assembly S S S S S S S S S S S S S A A S S S S S S AA - means the Use is allowable by rightS - means the Use is allowable by Special Use

agenda item st. johns county board of county commissioners cover re… · modify section 6.01.03.g...

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