MONTHLY PROGRESS REPORT THROUGH AUGUST, 2018 APPENDIX N UDC Survey Results (11 pages)
Comment has been addressed Comment required modification to be addressed Comment requires deliberation ARTICLE 3 (6/22/18 version) 1. 21(c) 10 Planning Commission raised questions related to the limited timeframe provided for on applications to determine a property owner s vested right status. Could there be a statement that it would be a nominal fee and 1 year? Provision currently reads as follows: Vested Rights Application for Determination. Except as provided in subsection (d) of this section, any property owner claiming to have vested rights under this section must file an application with the Administrator for a vested rights determination within 120 days after the initial effective date of the UDC (as to any claim of vested rights prior to initial adoption) or within 120 days after an amendment of the UDC (as to any claim of vested rights arising after the initial adoption of the UDC and prior to the amendment). The application shall be accompanied by the appropriate fee stipulated by the Sarasota County Fee Resolution, and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the County and other documentary evidence supporting the claim. The Administrator shall review the application and based upon the evidence submitted shall make a determination within 90 days as to whether the property owner has established vested rights. The Administrator's decision shall be subject to appeal, by only the applicant for vested rights determination, to the Board of County Commissioners by notice of appeal filed with the Administrator within ten days after the County Administrator's written decision. Administrative appeals shall be accordance with the provisions contained in Article 5 of the UDC. The Administrator is authorized to enter into a Vested Rights Determination Agreement describing the applicable development criteria pursuant to which rights are vested, so as to clearly guide future development. 2. 21(d)(1) 11 The current language reads as follows: The property owner claiming such vested rights shall file an application with the Administrator for a vested rights determination within 120 days after the effective date of the UDC. The application shall be accompanied by the appropriate fee stipulated by the Sarasota County Fee Resolution, and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation of the applicable qualifying items (i-iii) listed above or required by the County and other documentary evidence supporting the claim. The Administrator shall review Recommend retaining this language within the Formal Draft of the proposed UDC. Any suggested change can be moved forward as a recommendation of the Planning Commission to the County Commission. Vested Rights in Article 3 refers to properties that have received an act of government approval upon which the owner has relied upon and due to a change in the code, the property has vested rights to that use under those previous conditions (i.e. initial permits for a use and now it is no longer allowed). Same as above. 8/16/2018 Page 1 of 11
the application, and based upon the evidence submitted shall make a determination, within 60 days, as to whether the property owner has established vested rights. Vested rights applications pursuant to the criteria of this paragraph shall be presumed to exist, upon submittal of the qualifying items (i iii) unless clear and convincing evidence shows that vested rights have been waived, have expired or are not applicable, in whole or in part. The Administrator is authorized to enter into a Vested Rights Determination Agreement describing the applicable development criteria pursuant to which rights are vested, so as to clearly guide future development. ARTICLE 8 (6/12/2018 version) 3. 133 118 Planning Commission raised questions related to the newly introduced language provided for Alternative Building Separation Criteria. Provision within the UDC Formal Draft currently reads as follows: Alternative Building Separation Criteria (a) Certain residential buildings shall maintain a minimum building separation of 12 feet must be met unless the following criteria are met and approved by the Fire Marshal and Building Official. (1) Requirements for the reduction of building separation: a. All HVAC mechanical, pool, and other equipment shall be located at the rear of the occupied dwelling; b. The Homeowner s Association Declaration of Restrictions shall prohibit any improvements in the side yards of all lots; c. Sarasota County Fire Rescue Station shall be within 5 miles from the project site; and d. Water shall be supplied to the development from the County or other approved central potable water system. (2) Additional fire mitigation measures preferred: a. All one and two-story homes will be constructed of CMU block or equivalent concrete building materials (exterior walls). b. Maximum 12-inch overhangs or eaves projections. c. Side yard egress windows and door openings shall be offset by a minimum of two feet from structures on adjacent lots. Recommend replacing the current language within the Formal Draft of the proposed UDC for Section 124-133 with the suggested language. 8/16/2018 Page 2 of 11
Staff continued to deliberate on this issue which actually involves 3 distinct elements of the code: 1) side yard setbacks; 2) side yard easements; and 3) building separations. Additionally, an existing code provision that also impacts this issue is the allowed projections into the set back by roof overhangs Sec. 6.2.11.d.1 which states: In all districts, roof overhangs and chimneys may project into a required yard not more than three feet where the required yard is eight feet or more in width. Roof overhangs may project into a required yard not more than two feet where the required yard is less than eight feet in width. In those districts where side yards are permitted to be less than five feet, roof overhang projections are prohibited. These ongoing discussions have resulted in the following suggested language: (a) Residential buildings shall maintain a minimum building separation of 12 feet unless authorized by the Fire Marshal and Building Official to be no less than 8 feet subject to the following: (1) Water shall be supplied to the development from the County or other approved central potable water system; (2) A Sarasota County Fire Rescue Station is within 5 miles of the project site; (3) The Homeowner s Association Declaration of Restrictions shall prohibit any improvements in the side yards of all lots except for HVAC mechanical, pool, and other equipment which shall be located at the rear of the occupied dwelling, or the HVAC mechanical, pool and other equipment must be staggered on adjacent lots and separated by a minimum ten-foot longitudinal clearance from one another; (4) The exterior wall of a residential structure separated by less than 12 feet from an adjacent residential structure shall be required to be constructed 8/16/2018 Page 3 of 11
4. 174 11 of CMU block or equivalent concrete building material or similar fire suppression system; and (5) Window and door openings within the exterior wall of a residential structure separated by less than 12 feet from an adjacent residential structure shall offset the window and door openings within that wall by a minimum of two feet from the window and door openings within the wall that is less than 12 feet away on adjacent property. (b) Reserved. ARTICLE 9 (7/9/2018 version) Planning Commission raised questions related to the newly introduced language provided for Air and Water Quality. Are applicants currently required to submit for soil and/or ground water sampling testing for the long list of uses in 124-74(a)(2)? Provision currently reads as follows: Air and Water Quality (a) General Requirements. Historic uses of a property may have resulted in site conditions that are not ideal for development or redevelopment due to legacy conditions that could result in adverse impacts to human health and the environment, or that may be unsuitable to support structural improvements. Such sites may include agricultural operations (fields and groves, cattle operations [cattle dipping vats or pens where animals were concentrated for the purposes of applying chemical treatments], chemical mixing areas, fuel storage and dispensing areas), golf courses, railroad rights-of-way, landfills, junkyards and other locations where hazardous products and/or hazardous wastes were processed, generated and/or stored. (1) Provide the results of any Environmental Assessments and/or Audits of the property, along with a narrative of the measures needed to remediate if required by Florida Department of Environmental Protection (FDEP). Recommend retaining this language within the Formal Draft of the proposed UDC. This is a current requirement, but the County is now asking for it earlier in the development approval process before there is a large investment and to assess for potential public health concerns. The requirement for this information stems from multiple polices within the Comprehensive Plan as well as Best Management Practices for local and state level regulatory agencies. Additionally, this is in alignment with the Principles for Evaluating Development Proposals in Native Habitats. WATER Policy 1.2.1 8/16/2018 Page 4 of 11
(2) Soil and/or ground water sampling shall be required at the time of first development order submittal for sites where historical uses include, agricultural operations (fields and groves, cattle operations [cattle dipping vats or pens where animals were concentrated for the purposes of applying chemical treatments], chemical mixing areas, fuel storage and dispensing areas), golf courses, railroad rights-of-way, landfills, junkyards, or for with facilities regulated as hazardous waste generators under the Resource Conservation Recovery Act (RCRA). The Applicant and County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site. (3) Specific authorization from the Administrator is required for construction on sites filled with solid waste (landfills or waste disposal sites) in order to protect against landfill gas, subsidence hazards, and adverse impacts to human health and the environment. The following studies shall be submitted for review: a. A landfill gas investigation conducted by a registered professional engineer who shall certify that no gas hazard exists, or shall recommend remedial actions necessary to ensure that buildings are adequately protected from such hazards. b. A geotechnical investigation conducted by a registered professional engineer who shall certify that the landfill can support the proposed structures, or shall recommend remedial actions necessary to ensure that structures will not be damaged as a result of subsidence (e.g., replacing landfilled material with clean fill). (4) A Phase I or Phase II environmental report or study showing the vertical and horizontal extent of landfilled area on the property Applicants must also submit any preliminary contamination assessment plans or reports, or any other contamination studies, that have been prepared for the property and addressing the information required in subsection (1). above. The county shall implement its Watershed Management Plan consistent with the National Pollutant Discharge Elimination System (NPDES) permit issued to the county by FDEP. The county s Stormwater Program shall provide for management and control of stormwater runoff to reduce pollution at the source and discharge of pollutants into receiving waters from the County s stormwater system to the maximum extent possible. ENV Policy 1.4.1 To the extent practical and consistent with applicable ordinances, the county shall work to reduce pollution entering the environment and to restore contaminated sites. ENV Policy 1.7.8 The county shall use best management practices in all of its operations to set an example and encourage citizens to use sustainable practices to reduce water use, pollution, and run-off. ENV Policy 3.3.4 8/16/2018 Page 5 of 11
(b) National Pollutant Discharge Elimination System (NPDES) (1) National Pollutant Discharge Elimination System (NPDES) coverage under the state Generic Permit for Stormwater Discharge from Large and Small Construction Activities (aka. Construction Generic Permit, or CGP) is required for projects that contribute stormwater discharges to surface waters of the state (or into a municipal separate storm sewer system MS4); and that disturb one or more acres of land, or less than one acre of land if part of a larger common plan of development. a. NPDES Construction Generic Permit coverage shall be obtained at least 48 hours in advance of construction commencement in accordance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Generic Permit for Stormwater Discharge from Large and Small Construction Activities (aka. Construction Generic Permit, or CGP). b. A copy of the certified NPDES Notice of Intent (NOI), or a copy of the FDEP coverage confirmation letter shall be posted at the site in accordance with State Rule, and as per Chapter 54, Article VII (Water Pollution Control) of the County Code. c. A copy of the certified NPDES NOI, or a copy of the FDEP coverage confirmation letter shall be provided to the County within 7 days in accordance State Rule, and as per Chapter 54, Article VII (Water Pollution Control) of the County Code. d. The Stormwater Pollution Prevention Plan (SWPPP) shall be certified in accordance with the State Rule, and a copy of the certified document shall be submitted to the County at least 48 hours prior to the commencement of construction per Chapter 54, Article VII (Water Pollution Control) of the County Code. e. A copy of the SWPPP, and copies of the inspection and maintenance records shall be maintained at the project site, and shall be readily Implement water pollution control regulations, programs, and projects to support compliance with water quality standards in Florida Administrative Code and other applicable water quality regulations. 8/16/2018 Page 6 of 11
available to county or state inspectors per Chapter 54, Article VII (Water Pollution Control) of the County Code. (2) Dewatering operations that discharge offsite, or to onsite surface waters of the state, may be covered under the CGP if the groundwater is uncontaminated as outlined in the Rule. A separate Permit may be required for discharges from contaminated sites. a. Ground water sampling results must be submitted to the County prior to the commencement of dewatering pursuant to Chapter 54, Article VII (Water Pollution Control) of the County Code. (c) General Pollution Prevention. (1) Erosion and sediment control Best Management Practices (BMPs) in addition to those presented on the plans and outlined in the Erosion and Sediment Control Plan (ECP), Best Management Practices (BMP) Plan, or Stormwater Pollution Prevention Plan (SWPPP) shall be implemented as necessary to prevent turbid discharges from flowing onto adjacent properties or roadways, off site stormwater conveyances or receiving waters, or on site wetlands and surface waters. BMPs shall be designed, installed, and maintained by the site Operator to ensure that off-site surface water quality remains consistent with State and local regulations. [The Operator is the entity that owns or operates the construction activity and has authority to control those activities at the project necessary to ensure compliance.] The techniques depicted in the latest edition of the State of Florida Erosion and Sediment Control Designer and Reviewer Manual, shall serve as the basic design criteria for erosion and sediment control best management practices (BMPs). (2) Off-site surface water discharges, discharges to the municipal separate storm sewer system (MS4), or discharges to onsite wetlands or surface waters with turbidity in excess of State Surface Water Quality Standards shall be immediately corrected. Such incidents shall be reported to the 8/16/2018 Page 7 of 11
County within 24 hours of the occurrence. The report shall include the cause of the discharge and corrective actions taken. (3) The Operator shall ensure that adjacent properties are not impacted by wind erosion, or emissions of unconfined particulate matter from any activity, including vehicular movement; transportation of materials; construction, alteration, demolition or wrecking; or industrially related activities such as loading, unloading, storing or handling; without taking reasonable precautions to prevent such emissions. Reasonable precautions include, but may not be limited to, the following: a. Control emissions from unpaved roadways by application of water, chemical stabilizer, graveling, controlling vehicle speed. b. Control emissions from disturbed areas and activies such as demolition of buildings, grading roads, construction, and land clearing by application of water, chemical stabilizer, controlling vehicle speed, compaction, synthetic wind breaks, furrowing the soil, synthetic and natural cover, revegetation, and minimizing the areas of disturbance. c. Control emissions from paved surfaces by using gravel entry ways, washing vehicle wheels, covering loads, not overfilling trucks, and removal of particulate matter from roads and other paved areas to prevent reentrainment, and from buildings or work areas to prevent particulate from becoming airborne. (4) Fuel and other petroleum product spills that enter stormwater drains or waterbodies, or fuel and other petroleum product spills that are in excess of 25 gallons shall be contained, cleaned up, and immediately reported to the County (ph: 941.861.5000; email: ReportPollution@scgov.net). Smaller ground surface spills shall be cleaned up as soon as practical. (5) If previously unknown Recognized Environmental Conditions (e.g. contaminated soil and/or groundwater, buried wastes, etc.) are discovered during development of the site, all activity in the immediate vicinity shall cease, and Sarasota County shall be contacted. 8/16/2018 Page 8 of 11
(6) Prior to renovation or demolition of existing on site structures an asbestos survey and/or asbestos notification may be required. (7) Fertilizer application shall be consistent with Chapter 54, Article XXXII (Fertilizer and Landscape Management) of the County Code. (d) Watercourse Buffers. Watercourse buffers shall be required, consistent with Article 13, Section 124-232(d). ARTICLE 13 (7/9/2018 version) 5. 253(b)(3) 22 Planning Commission raised questions related to the newly introduced language provided for Quality Control. Transportation recommends that the previously proposed new language be replaced with the following suggested language: Quality Control. It shall be the applicant s responsibility for the cost and to comply with all testing requirements specified in the FDOT Standard Specifications for Road and Bridge Construction and submission of such test results to the County within ten (10) days from the date of testing or LOT closure as applicable. 6. 253(b)(4)a16ii 27 Planning Commission raised questions related to the newly introduced language provided for Sidewalks. Concern about allowing County Engineer to require a 10ft sidewalk if developer chooses to build the sidewalk on one side. Transportation recommends that this provision be changed as follows: Starting on line 6, strike the first sentence by first removing all new language and then striking the rest of the sentence. Then the 10 feet wide sidewalk language should be changed to the required sidewalk width shall be determined by the County Engineer. Should read as follows: Sidewalks not less than five feet in width shall be provided at the developer's expense on at least one side of all streets abutting the subdivision. All streets contained within a subdivision or development shall provide sidewalks on both sides of the streets. It may be permissible, at the discretion of the County Engineer to allow a sidewalk on only one side of the street if all buildings are located on only one side of the street, and the required sidewalk width shall be determined by the County Engineer. Said sidewalks shall be offset from the right-of-way lines by not less than one foot. Sidewalks are not required for interior streets in residential subdivisions with lots larger than one acre in size. Wheelchair ramps shall be provided at each intersection Recommend replacing the current language within the Formal Draft of the proposed UDC for Section 124-253(b)(3) with the suggested language. The FDOT Green Book requirement is that a multiway path be 10ft wide to accommodate bicycles and pedestrians. It is the developer s choice to build the sidewalk on only one side of the road if buildings are just on one side of the road. Subsequent deliberations by staff concluded that the sidewalk width should remain a condition determined based on the specific application being considered. Therefore, no specified width is being identified within the proposed code provision. 8/16/2018 Page 9 of 11
where sidewalks intersect roadway curb and gutter. Such sidewalks shall be installed upon or along each lot prior to the issuance of a certificate of occupancy Certificate of Occupancy for the dwelling unit upon each such lot. [STM-B.3.a.16)a] 7. 255(c)(4)b 1 thru 7 90 The Planning Commission also raised questions related to the newly introduced language provided for Reduction of side yard easements as related to the building separation issue. Pursuant to staff s continued evaluation of this issue, the header for provision 255(c)(4)b needs to be modified to more accurately represent the subject matter being covered within the provision. Header should be modified as follows: Utilities and closed drainage easements. The newly proposed provisions as subsections to the above currently reads as follows: 1. Reduction of no more than 2.5 feet per lot to maintain a minimum width of five feet for side lot swale systems. 2. Clear engineering calculations to demonstrate designed side lot swales will provide sufficient capacity to carry runoff from the highest storm event without overtopping. Calculations shall include sufficient rationale for each coefficient value used, a graphical representation of contributing area, a formal written statement with explanation of calculated conclusions, and be signed and sealed by a Professional Engineer currently licensed to practice in the State of Florida. 3. The accommodation is only applicable to pool equipment and HVAC equipment pads and systems proposed in side yards. 4. Reduction in easement width is only to the amount necessary to accommodate the equipment. 5. Pool equipment and A/C pads on adjacent lots must be staggered and separated by a minimum ten-foot longitudinal clearance from one another. 6. Private subdivision with intended perpetual maintenance by the private entity. 7. Easement area shall be kept free of rooted trees, shrubs or other landscaping that may impact the design swale flow capacity. Recommend replacing the current language within the Formal Draft of the proposed UDC for Section 124-255(c)(4)b with the suggested language. 8/16/2018 Page 10 of 11
The new suggested language being recommended is adjusted with the lead in sentence added to the end of provision 255(c)(4)b as follows: deviation from the stated easement widths must be approved by the County Engineer., and reduction of side yard open drainage easements shall be subject to the following: 1. Reduction of no more than 2.5 three feet per lot to maintain a minimum unobstructed width of five four feet for side lot swale systems; 2. Clear engineering calculations to demonstrate designed side lot swales will provide sufficient capacity to carry runoff from the highest storm event without overtopping. Calculations shall include sufficient rationale for each coefficient value used, a graphical representation of contributing area, a formal written statement with explanation of calculated conclusions, and be signed and sealed by a Professional Engineer currently licensed to practice in the State of Florida; 3. The accommodation is only applicable to pool equipment and HVAC equipment pads and systems proposed in side yards; 4. Reduction in easement width is only to the amount necessary to accommodate the equipment; 5. Pool equipment and A/C pads on adjacent lots must be staggered and separated by a minimum ten-foot longitudinal clearance from one another and shall not encroach into the unobstructed easement width; 6. Private subdivision with intended perpetual maintenance by the private entity; 7. Easement area shall be kept free of mechanical equipment, rooted trees, shrubs or other landscaping that may impact the design swale flow capacity and such requirement shall be recorded in deed restrictions of the subdivision; 8. The general midpoints of the lot are the elevation highpoints of the side yards and stormwater runoff is designed to split the discharge to both the front and rear of the lot, with no less than 40% to either side; and 9. No walkways or driveways or other paved surfaces shall be located in the side lot easement. Note that all of the language within 1 9 above will be underlined within the updated draft of the proposed UDC. 8/16/2018 Page 11 of 11