Board of County Commissioners- Informal Meeting (2025-09-09)

BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Informal Meeting September 9, 2025 Convened: 9:01 AM Adjourned: 9:18 AM 1. CALL TO ORDER - JAMIE FOWLER, CHAIR BOARD OF COUNTY COMMISSIONERS The meeting was called to order at 9:01 AM by Chair Jamie Fowler, District No. 4. Present Commissioner Jamie Fowler, District 4; Commissioner Larry Leet, District 2; Commissioner James Clasby, District 1; Commissioner Erin Lowry, District 3; Commissioner Cathy Townsend, District 5 Also Present George Landry, County Administrator Mayte Santamaria, Deputy County Administrator Katherine Barbieri, Interim County Attorney Benjamin Balcer, Planning & Development Services Director Kori Benton, Planning & Development Services Planning Manager Sydney Halleran, Agenda Coordinator Vera Smith, Deputy Clerk Recording Secretary 2. PLEDGE OF ALLEGIANCE 3. DISCUSSION ITEMS A. Non-Conforming Lots Discussion Benjamin Balcer, Director, and Kori Benton, Planning Manager of Planning & Development Services, provided an overview of non-conforming lots, explaining their origin and the historical context of the County's Land Development Code Regulations to the Board. In 1961, St. Lucie County adopted its first set of land development regulations for unincorporated areas. These rules establish minimum requirements for buildable lots, including lot size, width, and road frontage. Since then, amendments in 1984 and 1990 have updated those standards. As a result, some lots that were once conforming no longer meet current requirements for lot area, width, or minimum road frontage, or in some circumstances, a combination of the three. Staff provided examples to illustrate how lots that once met standards now fall short due to increased requirements for lot size, width, and road frontage. Lots were created within a zoning district that required a minimum lot size of one acre and 100 feet of road frontage. The land was later rezoned to a zoning district requiring a minimum lot size of two and a half acres and 150 feet of road frontage. These parcels are now considered non-conforming as they don't comply with the current zoning standards. Non- conforming lots come from historic plats, and many subdivisions were recorded in the 1920s, long before

BOCC Informal Meeting Tuesday, September 9, 2025 9:00 AM 2 | P a g e zoning was adopted in the County. In an example, the staff discussed 50-foot-wide lots that were plotted in 1925, and advised in 1961, the County required 75 feet of lot width, making the 50-foot-wide lot non- conforming. In 1984, when the County amended the zoning code, the width requirement increased to 100 feet; the same lots remain non-conforming, meaning, in many cases, two or more lots must be combined to allow construction of a single-family home. A non-conforming lot may still be considered buildable if it was under separate ownership as of July 1, 1984, which is the key date when the current land development code was adopted. If on that date, the same owner held two or more adjoining lots, those parcels are treated as a single, combined buildable lot and must remain together. If a single lot was under separate ownership as of July 1, 1984, it may still qualify as billable, even if it doesn't meet current standards. The lots that don't conform to the zoning code but are still buildable are called non-conforming lots of record. On September 11, 1961, when the County first adopted its zoning resolution, it established how to handle non-conforming lots. Two key principles were set at that time and are currently utilized as a guide. First, non-conforming lots could continue, but the County would not encourage their survival to eventually reduce or eliminate them. Second, the resolution specified that non-conforming lots must be in separate ownership and not part of a continuous frontage owned by the same person. Adjoining non- conforming lots under the same ownership were treated as one larger parcel, not separate, buildable lots. 60 years ago, the County was working to balance property rights with growth management and the need to avoid undersized parcels. The land development code offers some relief: a single lot of record that was created before July 1, 1984, can still be developed, even if it does not meet the dimensional requirements, if it was in separate ownership at that time. However, multiple lots were under the same ownership in 1984; they are considered one undivided parcel that must be recombined before development. These regulations minimize development on substandard lots, but also ensure property owners are not penalized unfairly. Mr. Balcer advised that in some subdivisions, some parcels lack road frontage and do not meet the minimum lot size. The plat may have been unrecorded; infrastructure such as roads, water, wastewater, and stormwater were never provided. As a result, parcels not directly on public roads lack frontage, making them non-conforming. To determine if they are buildable, staff must research deeds and ownership records back to 1984. Findings may reveal that lots also fall short on lot area and width for their zoning district, which is Agricultural-1 (AR-1). Staff provided an example of an area within the County, north of Indrio Road and west of the Savannahs Preserve, where many parcels meet the one-acre minimum lot size but lack road frontage due to private easements. Since these easements do not meet the definition of road frontage, which is in the County's land development code, the lots technically lack 100% of the necessary road frontage to be developed. For a single non-conforming lot of record, the code may allow a home to be built without road frontage. But if multiple lots were under the same ownership in July 1984, they are considered one undivided parcel. To build, they would need to be recombined, or a road paved to County standards would need to be provided for access. In the 1970s, property within the Highway One Estates, also known as the Tree Top Trail area, promised that a developer would pave roads, which did not occur, and many buyers assumed they could build without the infrastructure. In 1995, the County determined to allow access over unimproved easement roads, but services such as water and sewer are still not available in the area. The issue is not unique to the County, as other Florida counties (Martin, Okeechobee, Alachua, and Brevard County) have similar rules for non-conforming lots. The takeaway is that the County's approach is consistent with other Florida counties. Reducing substandard parcels and ensuring development meets modern zoning and safety standards. To assist property owners in determining whether a parcel qualifies as a non-conforming lot of record, the County has created a

BOCC Informal Meeting Tuesday, September 9, 2025 9:00 AM 3 | P a g e formal application process. When the application is submitted, the staff conducts detailed research. This includes reviewing abutting parcels, prior ownership dating back to July 1, 1984, checking deeds, Property Appraiser records, and legal descriptions to establish ownership. Also, verifying legal access, and if access doesn't exist, the required easements or other legal documents are reviewed by the County Attorney. The applicant also submits ingress and egress documentation, and the County Attorney's office reviews them for consistency. If a lot was not in common ownership before 1984, and legal access is verified, it qualifies as a buildable, non-conforming lot of record. The application is available through the County's Online Permitting System/Intergov system, with a $300 fee. Staff advised that, in summary, non-conforming lots are the product of historic zoning changes, older plats, and incomplete infrastructure. For decades, the County code has provided a framework for determining when and how the lots may be developed. Staff works to balance property rights with the County's responsibility to manage growth, protect public safety, and ensure development meets modern zoning standards. Staff requested Board feedback on the non-conforming lots presentation. Commissioner Leet inquired about the number of lots less than 50 feet that can still be built on and requested a historical context. In response, the Staff explained that the County does not proactively determine lot buildability but relies on applications from interested parties. The County GIS system may be utilized to identify lots less than 50 feet wide and undeveloped, but it cannot determine buildability or eligibility. The Board and staff discussed the issue of non-performing lots, particularly those less than 50 feet wide, and the challenges in determining their buildability, recurring issues in Tree Top, St. Lucie Gardens, and North and South Beach, the application process, and the historical benefits of ownership. A suggestion was made to utilize AI to identify non-conforming lots, reducing the need for manual research. The Board also discussed the importance of educating real estate agents and investors to avoid misinformation and ensure due diligence. The presentation was informational only. No formal action was taken. 4. COMMISSIONER COMMENTS The Board discussed and expressed concerns regarding the inefficiency of holding informal meetings for single items, suggesting that meetings should be more productive by including multiple topics. Chair Fowler mentioned a recently approved consent agenda item that authorizes bidding on a tax deed sale for a four-acre parcel in the Regina Palm subdivision, which was successfully won for $25,000. The acquisition of this parcel is significant as it is located near a recently approved stormwater drainage feasibility study, which will help address drainage issues in the area. The Board did not have any further questions or comments. 5. ADJOURNMENT With no other information to be brought for consideration before the Board, the meeting was adjourned at 9:18 AM.

BOCC Informal Meeting Tuesday, September 9, 2025 9:00 AM 4 | P a g e Please note: Final minutes are recorded in the official minute books filed with the Clerk of the Circuit Court and Comptroller, which are available for inspection upon request. (Full Audio Available Upon Request)