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HomeMy WebLinkAboutAgenda Packet 08.20.2020PLANNING & ZONING COMMISSION AGENDA ST. LUCIE COUNTY Regular Meeting Thursday, August 20, 2020 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL  34982 BOARD MEMBERS CHAIRMAN WILLIAM O’DELL VICE‐CHAIRMAN JAMES TAYLOR BOARD MEMBER CRAIG MUNDT BOARD MEMBER  VALERIE SLACK BOARD MEMBER CRAIG BRIDGERS BOARD MEMBER ED LOUNDS AT‐LARGE BOARD MEMBER LAWRENCE “BEAU” SLAY AT‐LARGE BOARD MEMBER ROBERT LOWE AT‐LARGE BOARD MEMBER RYAN BINNER EX‐OFFICIO BOARD MEMBER MARTY SANDERS Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community,  maintain a high quality of life, and protect the natural environment for all our citizens Page 1 of 107 Regular Meeting                                             Thursday, August 20, 2020                                                 6:00 PM 2 | Page 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. 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  Page 2 of 107 Regular Meeting                                             Thursday, August 20, 2020                                                 6:00 PM 3 | Page 1.CALL TO ORDER    2.PLEDGE OF ALLEGIANCE    3.INVOCATION    4.ROLL CALL    5.ANNOUNCEMENTS    6.DISCLOSURE(S)    7.MINUTES     A.St. Lucie County Planning & Zoning Commission minutes for the meeting of July 16, 2020.     8.PUBLIC COMMENT    9.PUBLIC HEARINGS     A.All Contractor Services, Inc. ‐ Amendment to the Official Zoning Atlas (Rezoning) from RF  (Religious Facilities) to AG‐2.5 (Agricultural ‐ 2.5)  Zoning District.      B.Backyard Chickens Ordinance     10.WORKSHOPS    11.OTHER BUSINESS    12.ADJOURN    Page 3 of 107 Planning & Zoning Commission Meeting Thursday, July 16, 2020 6:00 PM 1 | P a g e Present Excused Absent PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA Regular Meeting July 16, 2020 Convened: 6:00 PM Adjourned: 8:14 PM 1.CALL TO ORDER The meeting was called to order by Chairman Billy O'Dell at 6:00 PM. 2.PLEDGE OF ALLEGIANCE 3.INVOCATION Led by Chair Billy O'Dell. 4.ROLL CALL The meeting was called to order at 6:00 PM by Chairman O'Dell Chairman Billy O'Dell, Vice‐Chairman James A. Taylor, Board Member Bob Lowe, Craig Mundt, Board Member Ed Lounds, Board Member Ryan Binner, Board Member Valerie Slack Board Member Craig Bridgers Board Member Lawrence "Beau" Slay 5.ANNOUNCEMENTS None. 6.DISCLOSURE(S) None. 7.MINUTES A.St. Lucie County Planning & Zoning Commission minutes for the meeting of June 18, 2020 Page 4 of 107 Planning & Zoning Commission Meeting Thursday, July 16, 2020 6:00 PM 2 | P a g e APPROVE Chairman Billy O'Dell Bob Lowe Chairman Billy O'Dell, Bob Lowe, Craig Mundt, Ed Lounds, Vice‐ Chairman James A. Taylor, Ryan Binner, Valerie Slack None Craig Bridgers Lawrence "Beau" Slay RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ABSENT: APPROVE Ed Lounds Bob Lowe Chairman Billy O'Dell, Craig Mundt, Vice‐Chairman James A. Taylor, Ryan Binner, Valerie Slack, Bob Lowe, Ed Lounds None Craig Bridgers Lawrence "Beau" Slay RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ABSENT: 8.PUBLIC COMMENT None. 9.PUBLIC HEARINGS A.All Contractor Services, Inc. ‐ Amendment to the Official Zoning Atlas (Rezoning) from RF (Religious Facilities) to AG‐2.5 (Agricultural ‐ 2.5) Zoning District. Presentation presented by Kori Benton Planning & Development Assistant Manager Property located at SE corner of Okeechobee Road and Eleven Mile Road was dually noticed this evening notification letters were provided to owners with properties within 500 feet ad published on newspaper as well as a sign posted on the property. As of today, the applicant's representative, Dennis Murphy of Culpepper & Terpening Inc., are requesting that this commission authorize a continuance to the August 20, 2020 meeting of the Planning and Zoning Commission. B.Creating Section 8.02.02(L), Special Public Events Sites Presentation by Assistant County Attorney III Katherine Barbieri. Request creating a new section to land development code. On 12‐4‐2018 the BOCC Page 5 of 107 Planning & Zoning Commission Meeting Thursday, July 16, 2020 6:00 PM 3 | P a g e adopted ordinance 18.013 which amended the land development code temporary uses by many requirements are paragraph J authorizing special vehicles, recreational vehicles, motor and boat sales events on site that was in response to a complaint about sales and the effects they had on the neighbors, the properties etc.. It also caused where the Community Development Director now the P&Z Director could not approve special public events on properties like the Fair Grounds. This has prevented special events expositions from taking place in St. Lucie County such as outdoor shows, trade shows etc. Like if you had an event for an outdoor show they would have boats, RV sales and all the things needed for that, we could not have that at the Fairgrounds right now because of the amendment. So we are proposing a new section 8.02.02(L) that would allow special events on properties that have enough room for it, that can accommodate to solve the complaints for outdoor restrooms. One of them would be the Fairgrounds and instead of providing all the parameters, this time what we are proposing is that we would allow it and then by resolution to the BOCC we would create the parameters for it. We have been looking into the Palm Beach County that allows it, they require a permit and have parameters set. No opposition at the time. We are proposing that you forward the recommendation of approval to the BOCC. Chairman O'Dell requested comments from fellow chair members. There were none. Chair O'Dell requested comments from the Public. There were none Comment made by Mr. Lowe: Believes this will help the county and create large events. APPROVE Bob Lowe Craig Mundt Chairman Billy O'Dell, Bob Lowe, Craig Mundt, Ed Lounds, Vice‐ Chairman James A. Taylor, Ryan Binner, Valerie Slack, None Craig Bridgers Lawrence "Beau" Slay RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ABSENT: C.Local Planning Agency Hearing: Comprehensive Plan Text Amendment ‐ Policy 11.1.4.9 ‐ Workforce Housing Affordability to reduce the minimum workforce housing affordability maintenance period within the Towns, Villages, and the Countryside (TVC) Element. Presentation made by Jodi Nentwick Senior Planner for P&Z and Kara Woods , P& Z Consultant. Next three items combined in presentation because it is from the same applicant. The first (C.) is a Comprehensive Plan Amendment, (D.) is an amendment to the land development code and lastly (E.) Rezoning request and Site plan. Mailings and postings were made. Amendment is for policy about housing affordability. Requires for the property to have this in place for 20 yrs. The applicant proposes it to be reduced to 8 yrs. Are primarily in Chapter 2. change the minimum/maximum for front yard from 20/30 feet to 5/25 feet. The next was to mimic the request in agenda item C. to reduce it from 25 yrs. To 8 yrs. Approval process changes for timeframes. Came about because of this large Page 6 of 107 Planning & Zoning Commission Meeting Thursday, July 16, 2020 6:00 PM 4 | P a g e APPROVE Bob Lowe Craig Mundt Chairman Billy O'Dell, Bob Lowe, Craig Mundt, Ed Lounds, Vice‐ Chairman James A. Taylor, Ryan Binner, Valerie Slack, None Craig Bridgers Lawrence "Beau" Slay RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ABSENT application. Request for changes also include the changes in when some of the required items are submitted to allow for the developers to begin and submit those items such as surveys towards the time of final plan approval. Section 4 is last to change the detached garage verbiage. Kara Woods paused at this time for questions. Chairman O'Dell requested comments from fellow chair members. Chairman O'Dell asked regarding 5ft setbacks if they are considered front loaded. Ms. Woods clarified that the 5ft setbacks have to do with the distance from house to street and the front loaded garage are different. Having to do with walkability. Questions came up from other members regarding the setback changes and conversation with staff. Ms. Woods clarified that it is for a house lot to change it to be more urban. Parking options are ensured by within the lots and on street. The codes control parking by where it is in the neighborhood. It was reassured that the applicant is complying with illustrations in the code for garages. Questions from members also came up regarding water on the property. The applicant invested to bring water to the land and will be using St. Lucie County water. Another question came up regarding the 8 vs. 25 years affordability timeframe change. The impact would be to improve the value of the home sooner rather than later. Suggested to include the word minimum for the 8 years amendment. Ms. Woods noted to look into the change. Ms. Kara Woods stated that the timeframe change is valid to be reconsidered based on where we are as a county in 2020. Chairman O'Dell requested comments from the Public for item C. There were none. Public hearing closed. Chairman O'Dell requested comments from fellow chair members for item C.Ms. Woods would like to wait until the applicant makes there presentation before putting the items up for vote individually. After the chairman received clarification on the voting format they proceeded with Ms. Woods presentation regarding transect plan and application. Over 25 years in 4 phases. After staff presentation for item C. questions were opened to the members and it was stated that there will be land for a school and Fire Station and is taken into consideration by those boards for the long term as needed. It Is approximately 836 acres large as stated by Ms. Woods. D.Text Amendment to the Land Development Code, Section 3.01.03.EE ‐ PTV (Planned Town or Village) Zoning District and Section 4.04.00. ‐ TVC (Towns, Villages, Countryside), to increased flexibility in Development Standards and Review Process for PTV Zoning within the TVC Overlay Zone. Chairman O'Dell requested comments from the Public. There were none and was closed. Page 7 of 107 Planning & Zoning Commission Meeting Thursday, July 16, 2020 6:00 PM 5 | P a g e APPROVE Vice‐Chairman James A. Taylor Craig Mundt Chairman Billy O'Dell, Bob Lowe, Craig Mundt, Ed Lounds, Vice‐ Chairman James A. Taylor, Ryan Binner, Valerie Slack None Craig Bridgers Lawrence "Beau" Slay RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ABSENT: E.Indrio & I‐95 Development, LLC. ‐ Amendment to the Official Zoning Atlas (Rezoning) from Agricultural‐1 (AG‐1) Zoning District to the Planned Town or Village (PTV) Zoning District, and authorize a Preliminary Planned Town or Village to be known as Indrio & I‐95 Development. Chairman O'Dell requested comments from the Public. There were none and was closed. 10.WORKSHOPS None. 11.OTHER BUSINESS Mr. Lounds commented about the fact that there has been little public input and recommended that the board and staff watch the project closely. This is how future developments will follow. Chair O'Dell stated that notice for might be more difficult in this rural area and Ms. Nentwick assured that the negative commentator saw the sign on the road. 12.ADJOURN Move to Adjourn by Mr. Lounds and was adjourned by the Chairman O’Dell at 8:14 PM. Page 8 of 107 ITEM NO.(ID # 2020-50009) DATE:8/20/2020 AGENDA REQUEST TO:Planning and Zoning Commission PRESENTED BY:Tahir Curry, Associate Planner SUBMITTED BY:Planning & Development Services SUBJECT:All Contractor Services, Inc. - Amendment to the Official Zoning Atlas (Rezoning) from RF (Religious Facilities) to AG-2.5 (Agricultural - 2.5) Zoning District. BACKGROUND: The petitioner, Jamie Difrancesco is requesting an Amendment to the Official Zoning Atlas for a change in zoning (Rezoning) from the RF (Religious Facilities) Zoning District to the AG-2.5 (Agricultural - 2.5) Zoning District for a 6.65-acre property on the Southeast corner of Okeechobee Road and Eleven Mile Road, at 11275 Okeechobee Road. Staff received a Code Enforcement complaint on the subject property for unauthorized construction of a structure onsite. The subsequent inspection found violations including outside storage, unpermitted accessory structures, cargo containers, placement of a mobile home, and overgrowth. PREVIOUS ACTION: This item was continued to the August 20, 2020, Planning & Zoning Meeting. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward a recommendation of approval for the Rezoning from RF to AG-1 to the Board of County Commissioners. COMMISSION ACTION: RESULT: MOVER:None SECONDER:None AYES:None Page 9 of 107 NAYS:None EXCUSED:None Coordination/Signatures Date: August 14, 2020 Benjamin Balcer, Planning & Development Services Assistant Director Date: August 17, 2020 Leslie Olson, Planning & Development Services Director Date: August 17, 2020 Daniel McIntyre, County Attorney Date: August 18, 2020 Mark Satterlee, Deputy County Administrator Page 10 of 107 Planning Division Agenda Item Summary Applicant/Property Owner Jamie Difrancesco All Contractor Services, Inc. 1742 SE Lorraine Street Port St. Lucie, FL 34952 Agent Dennis Murphy Culpepper & Terpening, Inc. 2980 South 25th Street Fort Pierce, FL 34981 Project Location 11275 Okeechobee Road Fort Pierce, FL 34945 Parcel ID# 2328-501-0001-000-8 Future Land Use RU (Residential Urban) Existing Zoning RF (Religious Facilities) Proposed Zoning AG-2.5 (Agricultural – 2.5) Staff Tahir Curry Tel 772-462-2515 Email CurryT@stlucieco.org Mail 2300 Virginia Avenue, Fort Pierce, Florida 34982 All Contractor Services, Inc Amendment to the Official Zoning Atlas (Rezoning) Religious Facilities to Agricultural - 2.5 Project Description The petitioner, Jamie Difrancesco is re-questing an Amendment to the Official Zoning Atlas for a change in zoning (Rezoning) from the RF (Religious Facil- ities) Zoning District to the AG-2.5 (Agricultural - 2.5) Zoning District for a 6.65-acre property on the Southeast corner of Okeechobee Road and Eleven Mile Road, at 11275 Okeechobee Road. Background On May 16, 2000, the St. Lucie County Board of County Commissioners ap- proved Resolution 00-024, granting a change in zoning from AG-2.5 (Agricultural - 2.5) to the RF (Religious Facilities) Zoning District for the subject property. The purpose of the Agricultural – 2.5 is to provide and protect an environment suit- able for productive commercial agricul- ture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Notice Requirements Public hearing notice in accordance with Section 11.00.03 of the Land Develop- ment Code was placed in the St. Lucie News Tribune on July 2, 2020, letters were mailed to property owners within a 500 foot radius, and a sign posted on the property. Staff’s Recommendation Forward this petition to the Board of County Commissioners with a rec-commendation for approval. Hearing Date Thursday July 16, 2020 PLANNING AND ZONING COMMISSION Page 11 of 107 Planning and Development Services Department Planning Division M E M O R A N D U M GENERAL INFORMATION Applicant/ Property Owner:Jamie Difrancesco All Contractor Services, Inc. 1742 SE Lorraine Street Port Saint Lucie, FL 34952 Agent: Dennis Murphy Culpepper & Terpening, Inc. 2980 S. 25th Street Fort Pierce, FL 34981 Location:11275 Okeechobee Road, Fort Pierce, FL 34945. Southeast corner of Okeechobee Road and Eleven Mile Road. Parcel ID Number:2328-501-0001-000-8 Parcel Size: 6.65-acres Future Land Use:RE (Residential Estate) Existing Zoning:RF (Religious Facilities) Proposed Zoning:AG-2.5 (Agricultural – 1du/2.5ac) Requested Action:Change in zoning from RF (Religious Facilities) to AG-2.5 (Agricultural – 1du/2.5ac) Existing Uses: Undeveloped Urban Service Boundary: Outside Fire/EMS:Station # 11 – 3501 Shinn Road, Fort Pierce, Florida 34945. Approximately 4.3 miles to the east of the subject site. TO:Planning and Zoning Commission THROUGH:Leslie Olson, AICP, Director Ben Balcer, Assistant Director FROM:Tahir Curry, Associate Planner DATE:July 2, 2020 SUBJECT:All Contractor Services, Inc. Amendment to the Official Zoning Atlas (Rezoning) RZ-5202025754 Page 12 of 107 Petition: All Contractor Services, Inc. – Rezoning File No.: RZ-5202025754 Page 2 Right-of-Way:Okeechobee Road is a State owned and maintained right-of-way. Eleven Mile Road is a 45 ft. County owned and maintained right-of-way. Utilties: St. Lucie County Utilities (SLCU) service area. Water and wastewater infrastructure exists approximately 700 feet east of subject property. Type of Concurrency Document Required: Concurrency Deferral Affidavit BACKGROUND ANALYSIS The applicant, Jamie Difrancesco representing All Contractor Services, Inc., is requesting an Amendment to the Official Zoning Atlas from the RF (Religious Facilities) Zoning District to the AG-2.5 (Agricultural – 2.5) Zoning District for this 6.65-acres site located at 11275 Okeechobee Road, Fort Pierce, FL. The Future Land Use designation is RE (Residential Estate), situated outside of the Urban Service Boundary (USB). Previous Actions o On May 16, 2000 - The St. Lucie County Board of County Commissioners approved Resolution 00- 024, granting a change in zoning from the AG-2.5 (Agricultural - 2.5) to the RF (Religious Facilities) Zoning District for the subject property. The purpose of the rezone is to develop consistent with the Land Development Code (LDC) Section 3.01.03.B. for the AG-2.5 Zoning District. This petition will rezone the property back to the AG-2.5 Zoning District that existed prior to May 16, 2000. Aerial Page 13 of 107 Petition: All Contractor Services, Inc. – Rezoning File No.: RZ-5202025754 Page 3 Proposed Rezoning AG-2.5 (Agricultural - 2.5) Future Land Use: Okeechobee Road El ev en Mi le Ro ad Page 14 of 107 Petition: All Contractor Services, Inc. – Rezoning File No.: RZ-5202025754 Page 4 The Future Land Use designation of the subject property is RE (Residential Estate). The Residential Estate (RE) land use category “is intended to act as a transitional area between the agricultural areas and the more intense residential areas in the eastern portion of the County. This category is found predominantly along the western edge of the urban form, but is also appropriate for areas of special environmental concern such as along the North Fork of the St. Lucie River and the Indian River Lagoon. The RE designation is intended for large lot, single-family detached residential dwellings, at a density of one unit per gross acre. These areas are not required to be served with central utilities, however when at all practical, service connections should be provided.” Current Zoning: The current zoning of the subject property is RF (Religious Facilities). “The purpose of this District is to provide and protect an environment suitable for the establishment and operation of churches, synagogues, temples, and similar uses.” Proposed Zoning: The proposed zoning of the subject property is AG-2.5 (Agricultural-2.5). “The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings.” ********************************************** STANDARDS OF REVIEW AS SET FORTH IN THE LAND DEVELOPMENT CODE SECTION 11.06.03 In reviewing this application for an amendment to the Official Zoning Atlas, the Board of County Commissioners and the Planning and Zoning Commission shall consider and make the following determinations: A.Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed rezoning to the AG-2.5 (Agricultural-2.5) Zoning District is consistent with the St. Lucie County Land Development Code (LDC), and meeting Standards of Review set forth in LDC Section 11.06.03, as displayed in Sections A thru H of this report. The rezoning is consistent with LDC Section 11.09.02(A), Table 11-1 - Zoning District/ Land Use Category Compatibility Chart and the site meets the dimensional requirements set forth in Section 7.04.00 and Table 7-10 – Lot Size and Dimensional Requirements for the AG-2.5 (Agricultural-2.5) Zoning District. The proposed AG-2.5 Zoning District is consistent with surrounding parcels, providing the use scope in LDC Section 3.01.03.B and District purpose. B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed rezoning to the AG-2.5 (Agricultural-2.5) Zoning District is consistent with the Residential Estate Future Land Use designation as per Comprehensive Plan Table 1-3 - Land Use Designation / Zoning Compatibility Chart. Table 1-3 - Land Use Designation / Zoning Compatibility Chart Page 15 of 107 Petition: All Contractor Services, Inc. – Rezoning File No.: RZ-5202025754 Page 5 Future Land Use CategoriesZoning Districts AG - 5 AG - 2 . 5 RE RS RU RM RH R/ C Cp u b CO M IN D P/ F MX D SD H T/ U TV C AG-2.5 X X X X X X The proposed amendment is consistent with the Comprehensive Plan Future Land Use Element Goals, Objectives and Policies: Objective 1.1.3: Agricultural Sustainability. Provide in the Land Development Code provisions for a compatible and coordinated land use pattern which establishes agriculture as the primary use outside of the urban service boundary and promotes retention of agricultural activities, preserves natural resources and maintains native vegetative habitats and allows new development in accordance with the Towns, Villages and Countryside Goals, Objectives and Policies for settlement outside of the urban service boundary within the Special Area Plan for North St. Lucie County. Policy 1.1.3.4 - Provide the means to manage growth within the agricultural land use categories through the orderly delivery of services concurrent with the impacts of development. It is anticipated that over time portions of the agricultural land use categories will be converted to urban uses as services are provided; however, , the physical extension of County provided central sewer and water services shall only occur consistent with the other provisions of this Plan. Policy 1.1.3.5 - The County shall maintain a site assessment process to evaluate the potential conversion of existing or designated agricultural land uses to non-agricultural land uses in a rational and orderly manner. The site assessment process for a conversion shall require as a condition to such conversion that the Board of County Commissioners affirmatively find that the proposed non- agricultural use. a. Is compatible with adjacent land uses; b. Maintains the viability of continued agricultural uses on adjacent lands; c. Contains soils suitable for urban use as defined by the St. Lucie County soil survey; d. Is suitable with existing site-specific land characteristics; e. Is consistent with comprehensive development plans; f. Will have available the necessary infrastructure concurrent with the anticipated demands for development; g. Will avoid the extension of the urban services boundary to create any enclaves, pockets, or finger areas; and, h. Could not be feasibly located on non-agricultural land. C. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed rezoning is consistent with the existing and proposed land uses. As stated above, the AG-2.5 (Agricultural – 2.5) Zoning District is compatible with the RE (Residential Estate) Future Land Use designation as per both the Land Development Code (LDC) and the Comprehensive Plan. This amendment will not create a conflict with the surrounding zoning districts. Surrounding Land Use and Zoning Page 16 of 107 Petition: All Contractor Services, Inc. – Rezoning File No.: RZ-5202025754 Page 6 Future Land Use Zoning Existing Use(s) Subject Property RE (Residential Estate)RF (Religious Facilities)Vacant Property North RE (Residential Estate)AG-2.5 (Agricultural-2.5)Vacant Building South RE (Residential Estate)AG-2.5 (Agricultural-2.5)Single-Family Residence East RE (Residential Estate)AG-2.5 (Agricultural-2.5)Hattie Chamberlain Subdivision West AG-2.5 (Agricultural- 2.5) AG-2.5 (Agricultural-2.5)Single-Family Residence D. Whether there have been changed conditions that require an amendment; The applicant has purchased the property with intent for future agricultural use(s) and a single-family residence consistent with the LDC Section 3.01.03.B. There have been no changes in the existing conditions to require the proposed amendment. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed change in zoning should not affect the acceptable level of service capacity of transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, or emergency medical facilities. Site-specific impacts will be addressed through a development application. Prior to the issuance of any final Development Order, the developer must demonstrate that all public facilities are available to serve the parcel and obtain a Certificate of Capacity. The applicant has signed the required Concurrency Deferral Affidavit recognizing this provision. Water/Wastewater Water and wastewater services are available to the site from Okeechobee Road and may be provided by St. Lucie County Utilities (SLCU) if desired or required. Water and wastewater infrastructure exists approximately 700’ east of this property. Transportation Impacts The subject site has frontage on Okeechobee Road and Eleven Mile Road. Okeechobee Road is a State owned and maintained right-of-way and Eleven Mile Road is a 45 ft. County owned and maintained right-of-way. The County will not require Right-of-Way dedication with this petition. No additional transportation impacts are anticipated at this time. Future development on this subject site will be evaluated for traffic or transportation impacts based on the proposed petition. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; Background The Environmental Resources Department (ERD) is in receipt of the May 22, 2020, date-stamped submittal from Planning and Development Services. The applicant is requesting approval to change the zoning of the Page 17 of 107 Petition: All Contractor Services, Inc. – Rezoning File No.: RZ-5202025754 Page 7 subject parcel (Parcel ID 2328-501-0001-000-8) from RF to AG-2.5. The 6.65-acre site is located at 11275 Okeechobee Rd in Fort Pierce. The site is currently vacant has a land use code of 9900. Findings The proposed rezoning is not anticipated to result in any adverse environmental impacts, as no development activities are proposed at this time and no increase in density is proposed. If site development activities are proposed in the future, ERD will conduct further review through the site plan or building permit review process. Recommendation ERD has no objection to the approval of the referenced rezone application. G. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed change in zoning will result in an orderly and logical development pattern. The proposed parcel is located outside the urban service area, with existing agricultural and residential uses surrounding the parcel. The requested rezone is not expected to harm other property or improvements in the neighborhood. This rezone petition will revert the property to the AG-2.5 Zoning District. The surrounding properties within 500 feet of the subject site are zoned Agricultural-2.5. This petition will not negatively affect the development patterns in the surrounding area. H. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed zoning district is not in conflict with the public interest and is in harmony with the purpose and intent of the Land Development Code. CONCLUSION: Staff has reviewed this petition and determined that it conforms to the Standards of Review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the St. Lucie County Comprehensive Plan Goals, Objectives, and Policies . RECOMMENDATION: Staff recommends that the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners. Page 18 of 107 Resolution No. 2020-XXX Page 1 RZ 5202025754 RESOLUTION NO. 2020-XXX File No.: RZ 5202025754 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A CHANGE IN ZONING FROM THE RF (RELIGIOUS FACILITIES) ZONING DISTRICT TO THE AG-2.5 (AGRICULTURAL - 2.5) ZONING DISTRICT FOR A PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. 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: 1.Jamie Difrancesco on behalf of All Contractor Services, Inc., petitioned for an Amendment to the Official Zoning Atlas to change the zoning from the RF (Religious Facilities) Zoning District to the AG-2.5 (Agricultural -2.5) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph “A” and depicted on the attached map as Exhibit “A”. 2.On July 16, 2020, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve/deny the change in zoning from the RF (Religious Facilities) Zoning District to the AG-2.5 (Agricultural -2.5) Zoning District. 3.On August 4, 2020, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4.The proposed change in zoning has/has not satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code and is/is not consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 5.The proposed change in zoning is/is not consistent with the existing and proposed use of property in the surrounding area. 6. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit “B” was signed by the applicant on May 19, 2020. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A.The property on which the Change in Zoning from the RF (Religious Facilities) Zoning Page 19 of 107 Resolution No. 2020-XXX Page 2 RZ 5202025754 District to the AG-2.5 (Agricultural-2.5) Zoning District is being granted/denied is described as follows: Legal Description: TRACT 1, LESS THE SOUTH 883.44 FEET THEREOF, AND TRACT 2, LESS THE SOUTH 883.44 FEET THEREOF, ALL IN H.E. CHAMBERLAIN SUBDIVISION, IN SECTION 28, TOWNSHIP 35 SOUTH, RANGE 39 EAST, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 4, PAGE 55, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS THE RIGHT-OF-WAY FOR OKEECHOBEE ROAD (S.R. 70), BY AGREED ORDER OF TAKING RECORDED IN O.R. BOOK 777, PAGE 81, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. CONTAINING 6.65 ACRES MORE OR LESS. Location: 11275 Okeechobee Road, Fort Pierce, FL 34945. Parcel ID: 2328-501-0001-000-8 B.The St. Lucie County Planning and Development Services Director shall be authorized to amend the Official Zoning Map to change the zoning of the property herein described, from the RF (Religious Facilities) Zoning District to the AG-2.5 (Agricultural-2.5) Zoning District and to make notation of the reference to the date of adoption of this Resolution. C.A copy of this Resolution shall be mailed, return receipt requested, to the owner and agent of record as identified on the application. D.This Resolution shall be recorded in the Public Records. After motion and second, the vote on this resolution was as follows: Cathy Townsend, Chair XXX Chris Dzadovsky, Vice-Chair XXX Commissioner Sean Mitchell XXX Commissioner Linda Bartz XXX Commissioner Frannie Hutchinson XXX Page 20 of 107 Resolution No. 2020-XXX Page 3 RZ 5202025754 PASSED AND DULY ADOPTED This 4th day of August 2020. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY _________________________ Chair ATTEST:APPROVED AS TO FORM AND CORRECTNESS: ___________________________________________________ Deputy Clerk County Attorney Page 21 of 107 Resolution No. 2020-XXX Page 4 RZ 5202025754 Exhibit A Page 22 of 107 Resolution No. 2020-XXX Page 5 RZ 5202025754 Exhibit B Page 23 of 107 Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF All Contractor Services, INC. FOR A CHANGE IN ZONING FROM THE RF (RELIGIOUS FACILITIES) ZONING DISTRICT TO THE AG-2.5 (AGRICULTURAL – 1DU/2.5AC) ZONING DISTRICT FOR A 6.65-ACRE LOCATED AT 11275 OKEECHOBEE ROAD IN ST. LUCIE COUNTY, FLORIDA., BECAUSE..... [CITE REASON(S) WHY – PLEASE BE SPECIFIC] 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 THE APPLICATION OF All Contractor Services, INC. FOR A CHANGE IN ZONING FROM THE RF (RELIGIOUS FACILITIES) ZONING DISTRICT TO THE AG-2.5 (AGRICULTURAL – 1DU/2.5AC) ZONING DISTRICT FOR A 6.65-ACRE LOCATED AT 11275 OKEECHOBEE ROAD IN ST. LUCIE COUNTY, FLORIDA, BECAUSE..... [CITE REASON(S) WHY – PLEASE BE SPECIFIC] Page 24 of 107 Page 25 of 107 Page 26 of 107 Page 27 of 107 Page 28 of 107 Page 29 of 107 Page 30 of 107 Page 31 of 107 Page 32 of 107 Page 33 of 107 Page 34 of 107 Rezoning/Amendment to the Official Zoning Atlas Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 11.06.00 for details Current Zoning: RF (Religious Facility) Current Future Land Use RE Proposed Zoning: AG 2.5 (Agriculture - .4 du/ac) Acreage of the Area To Be Rezoned: 6.65 Please provide a written description of the proposed development including statements about: 1. If you are requesting an amendment to the Official Zoning Atlas of St. Lucie County, state whether the proposed amendment is in conflict with any portions of the LDC. The request for Change in Zoning to the AG 2.5 (Agriculture - .4 du/ac) is for the purpose of reclassifying the property to a zoning district consistent with the areas adjacent properties. The current zoning designation of RF (Religious Facilities) was a use specific zoning designation that was sought by a prior property owner for a use/activity that did not move to the development stage. The RF Zoning District only permitted use is for certain religious use facilities. Reclassifying the property to the AG-2.5 zoning district would permit uses/activities consistent with the surrounding area. 2. Please give a statement describing any changed conditions that would justify a rezoning: The petitioned property was first reclassified from the AG-2.5 Zoning District to the RF (Religious Facility) Zoning District in the year 2000, through Resolution 00-024. The objective of the petitioner at that time was to reclassify the property from its agricultural designation to a zoning designation that would permit the future use of the property for uses/activities associated with the projected expansion of the worship and educational facilities associated with the Orange Avenue Baptist Church, consistent with the provisions of Section 3.03.03(Y) of the St. Lucie County Land Development Code. The original petitioners seeking the RF Zoning designation never proceeded with the indicated development plans for the property, and sold the property in 20xx. Subsequently, the petition property was sold to the current owner (the current petitioner) in 20xx. Reclassifying the property to the AG-2.5 zoning district would permit uses/activities consistent with the surrounding area 3. Please state why there is a need for the proposed rezoning: The request for Change in Zoning to the AG 2.5 (Agriculture - .4 du/ac) is for the purpose of reclassifying the property to a zoning district consistent with the areas adjacent properties. The current zoning designation of RF (Religious Facilities) was a use specific zoning designation that was sought by a prior property owner for a use/activity that did not move to the development stage. The RF Zoning Districts only permitted use is for certain religious use facilities. Reclassifying the property to the AG-2.5 zoning district would permit uses/activities consistent with the surrounding area. Page 35 of 107 Page 36 of 107 Page 37 of 107 Page 38 of 107 Page 39 of 107 Page 40 of 107 Page 41 of 107 Page 42 of 107 Page 43 of 107 Page 44 of 107 Page 45 of 107 Page 46 of 107 C. AG-5 AGRICULTURAL - 5. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per five (5) gross acres. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Agricultural production - crops. (01) b. Agricultural production - livestock and animal specialties. (02) c. Agricultural services. (07) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) f. Fishing, hunting and trapping. (09) g. Forestry. (08) h. Kennels. (0752) i. Research facilities, noncommercial. (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) l. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping Requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance. (4581) c. Airports and flying, landing, and take-off fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) f. Gasoline service stations. (5541) g. Industrial wastewater disposal. (999) h. Manufacturing: Page 47 of 107 k. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00 7. Conditional Uses: a. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance. (4581) c. Airports and flying, landing, and takeoff fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) f. Gasoline service stations. (5541) g. Industrial wastewater disposal. (999) h. Manufacturing: (1) Agricultural chemicals. (287) (2) Food and kindred products. (20) (3) Lumber and wood products, except furniture. (24) i. Mining and quarrying of nonmetallic minerals, except fuels. (14) j. Radio, television, and microwave communication stations and towers. (999) k. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel and accessory stores. (56) l. Sewage disposal subject to the requirements of Section 7.10.13. (999) m. Camps - sporting and recreational. (7032) n. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. o. Solar generation station subject to the requirements of Section 7.10.28. (999) 8. Accessory Uses: Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. c. Guest house subject to the requirements of Section 7.10.04. (999) d. Solar energy system subject to the requirements of Section 7.10.28. (999)     Page 48 of 107 Y. RF RELIGIOUS FACILITIES. 1. Purpose. The purpose of this District is to provide and protect an environment suitable for the establishment and operation of churches, synagogues, temples, and similar uses. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Churches, synagogues, temples, and similar uses. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Day care facilities, associated and operated by the principal religious use located on that property. This would include the operation of a day care facility during the normal business week, as licensed by the State of Florida, as well as during any religious function or associated activity. (999) b. Educational services, associated with and operated by the principal religious use located on that property. This would include the operation of an educational facility providing general academic and/or special training from grades K to 12, and as licensed by the State of Florida. (999) c. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Parking lots and parking areas, together with related circulation elements. b. Enclosed storage structures. c. Playgrounds and athletic fields (no artificial lights) provided that no activity area shall be permitted within twenty-five (25) feet of the perimeter of the property. d. Private water and sewage utility services provided that they are for the sole use of the particular private development, are not intended to be a sub-regional system, and do not involve industrial wastewater as defined. e. Single-family dwelling (detached or as part of the principal structure). (1) Private swimming pool accessory to the single-family dwelling provided that the swimming pools shall be walled or fenced to prevent uncontrolled access to such swimming pool from the street or from adjacent properties. (2) Non-commercial garages accessory to the single-family dwelling. f. Solar energy systems, subject to the requirements of Section 7.10.28. Page 49 of 107 Page 50 of 107 Page 51 of 107 Page 52 of 107 Page 53 of 107 Environmental resources FINAL REPORT TO:Tahir Curry, Planning & Development Services Department THROUGH:Amy E. Griffin, Environmental Resources Director Jennifer L. McGee, Environmental Regulations Manager FROM:Brian Arbeiter, Environmental Planner DATE:June 10, 2020 SUBJECT:All Contractor Services, Inc. RZ-5202025754 Background The Environmental Resources Department (ERD) is in receipt of the May 22, 2020 date-stamped submittal from Planning and Development Services. The applicant is requesting approval to change the zoning of the subject parcel (Parcel ID 2328-501-0001-000-8) from RF to AG-2.5. The 6.65-acre site is located at 11275 Okeechobee Rd in Fort Pierce. The site is currently vacant has a land use code of 9900. Findings The proposed rezoning is not anticipated to result in any adverse environmental impacts, as no development activities are proposed at this time and no increase in density is proposed. If site development activities are proposed in the future, ERD will conduct further review through the site plan or building permit review process. Recommendation ERD has no objection to the approval of the referenced rezone application. Please contact Brian Arbeiter at 772-462-2866 if you have any questions. Page 54 of 107 Date Mailed July 2, 2020 Planning and Development Services Department 772.462. 2822 Applicant/Property Owner Jamie Difrancesco All Contractor Services, Inc. 1742 SE Lorraine Street Port St. Lucie, FL 34952 Agent Dennis Murphy Culpepper & Terpening, Inc. 2980 South 25th Street Fort Pierce, FL 34981 Project Location 11275 Okeechobee Road Fort Pierce, FL 34945 Parcel ID# 2328-501-0001-000-8 Future Land Use RU (Residential Urban) Existing Zoning RF (Religious Facilities) Proposed Zoning AG-2.5 (Agricultural – 2.5) Staff’s Recommendation Forward this petition to the Board of County Commissioners with a recom- mendation for approval. Staff Tahir Curry Tel 772-462-2515 Email CurryT@stlucieco.org Mail 2300 Virginia Avenue, Fort Pierce, Florida 34982 Public Hearing Notice Thursday, July 16, 2020 Notice of Proposed Amendment to the Official Zoning Atlas Project Description The petitioner, Jamie Difrancesco is re-questing an Amendment to the Official Zoning Atlas for a change in zoning (Rezoning) from the RF (Religious Facil- ities) Zoning District to the AG-2.5 (Agricultural - 2.5) Zoning District for a 6.65-acre property on the Southeast corner of Okeechobee Road and Eleven Mile Road, at 11275 Okeechobee Road. Background On May 16, 2000, the St. Lucie County Board of County Commissioners ap- proved Resolution 00-024 granting a change in zoning from the AG-2.5 (Agricultural - 2.5) to the RF (Religious Facilities) Zoning District for the subject property. The purpose of the Agricultural – 2.5 is to provide and protect an environment suit- able for productive commercial agricul- ture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. The St. Lucie County Planning and Zon-ing Commission has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approval or disapproval, any applica- tions within their area of responsibility. The Planning and Zoning Commission strongly encourages your input and comment at the public hearing. The pub- lic will be able to physically attend this meeting, but seating in the Chambers will be regulated to comply with social distancing protocols. Members of the public who do not attend are encour- aged to wear masks or similar devices, which cover the nose and mouth. You may also mail or email written comments regarding this proceeding in advance of the public hearing for inclusion in the official record. Public comment for upcoming meetings can be submitted several ways: Email: Curryt@stlucieco.org; or Email: publiccomment@stlucieco.org Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772-462-1546 or TDD 772-462-1428. Meeting Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Meeting Time: 6:00 PM (or soon thereafter ) PLANNING AND ZONING COMMISSION This notice is provided because you are an owner of property within 500 feet of the proposed petition. Page 55 of 107 Page 56 of 107 7/3/2020 Page 57 of 107 7/3/2020 Page 58 of 107 Page 59 of 107 From:jeannerbailey@aol.com To:Tahir Curry Subject:Public Hearing for Jamie DiFrancesco - Parcel ID# 2328-501-0001-000-8 Date:Tuesday, July 7, 2020 10:58:00 AM SECURITY WARNING: This email originated from outside the County systems. Please show caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. Questions, call Customer Service at 772-462-2146. Hello, I received your Public Hearing Notice regarding rezoning of this property back to AG-2.5. Iown property within 500 feet of the subject and I have no objection to rezoning back to AG-2.5 as it is consistent with the surrounding properties. Thank you,Jeanne Jeanne R. BaileySt.Cert.Resid.Appr. #RD604772.216.1235 ~ Mobile Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding Countybusiness are public records available to the public and media upon request. It is the policy of St. Lucie County that all County recordsshall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosureunless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and deleteall materials from all computers. Page 60 of 107 9.B. 2020-50014 PUBLIC HEARING -PUBLIC HEARINGS AGENDA REQUEST DATE: 8/20/2020 *ACTION ITEM - AMENDMENT TO:Board of County Commissioners PRESENTED BY:Katherine Barbieri, Assistant County Attorney III SUBMITTED BY:County Attorney SUBJECT:Backyard Chickens Ordinance BACKGROUND: Section 7.10.03 Animals in Residential Districts, St. Lucie County Land Development Code states: "A. Except as provided in this section, no animals shall be kept in any residential district except those animals generally recognized as household pets, such as dogs, cats, caged birds, etc. In any residential district, no more than a total of five (5) dogs and/or cats four (4) months or older shall be allowed for each dwelling unit. For the purposes of this section, "residential districts" shall not include the following: AG-1; AG-2.5; AG-5; AR-1 with agricultural classification pursuant to Section 193.461, Florida Statutes; or PUD where livestock is permitted. B. In the AR-1 district, animals other than household domestic pets may be kept provided they are not housed within one hundred (100) feet of any property line. C. In the RE-1 and RE-2 districts, horses may be kept provided that: 1. The property is at least two (2) acres; 2. No more than two (2) horses are kept; 3. The horses are for the private and personal use of the resident and his/her family; and, 4. The horses are to be stabled at least one hundred fifty (150) feet from any residence under separate ownership and three hundred (300) feet from the edge of the right-of-way of any street." Chickens are not generally recognized as household pets. Property owners having chickens has been a Page 61 of 107 disputed issue in St. Lucie County for many years. On January 7, 2015 the St Lucie County Code Enforcement Board ("SLC CEB") found a property owner in violation of Section 7.10.03 St. Lucie County Land Development Code for housing animals other than household domestic pets less than one hundred (100) feet from the property line on the property. The testimony was that the animals (chickens) were the property owner's children's show chickens. The SLC CEB found there was a violation. The property owners were passionate about their children's show chickens, retained an attorney and filed an appeal. The Circuit Court Appellate Division affirmed the decision of the SLC CEB. Residents have approached Code staff about having the ability to have backyard chickens. There is a trend in society to incorporate fresher products into diets; a lifestyle which can be supported by allowing residents to keep and raise chickens on their single-family residential properties for the purpose of producing eggs for personal consumption. The St. Lucie County Land Development Code currently permits livestock and poultry only in agricultural zoning districts. Many communities around the Country have been exploring how to compatibly integrate backyard chickens into urban and suburban residential settings. The topic of backyard chickens was presented to the Board in an informal meeting on November 14, 2017. There were concerns expressed by the Board but the general discussion was to move forward with an ordinance to allow backyard chickens. Prior to moving forward with the public hearing process, staff received more feedback from the Board. The following concerns were expressed: 1. Coop standards / need setbacks from neighboring properties 2. Exclude the River Park Subdivision / Overlay District 3. Chicken Waste - nitrogen impacts to Indian River Lagoon 4. Odors 5. Noise - prohibit roosters 6. Rodents / storage of feed / no plastic containers 7. Disposal of deceased chickens 8. Diseases - Veterinary Care - Consult with Dr. Adams, a local farm animal/equine/livestock vet) 9. Permit requirement - do not require Staff researched the concerns as noted above and provided the following information at the February 11, 2020 Board Informal meeting to address the concern: 1. Coop standards / need setbacks from neighboring properties - propose standards that coops are only allowed in backyards with a minimum 10 foot side and rear yard setback and 25 foot setback from any residential structure on an adjoining lot. There will be additional coop standards to regulate the height, size and location from any street; and screening with a 6 foot high fence or wall along property lines. 2. Exclude River Park Subdivision/Overlay District - propose exclusion of the subdivision from the backyard chicken ordinance. The exclusion can easily be supported due to an overlay zone in the community that encourages redevelopment along a major roadway that serves as an entrance to the City of Port St. Lucie. Also, chickens are not allowed in the City, and the adoption of a chicken ordinance could create problems across jurisdictional lines. 3. Chicken Waste/ Nitrogen Impacts to the IR Lagoon - It is a known fact that chicken manure contains higher Page 62 of 107 levels of nitrogen than cattle, sheep, and horse manure, and excess nitrogen can harm water bodies. The ordinance can require coops be sanitary and removal of manure several times a week. Manure can be disposed of in garbage bags or used as compost. Storage of manure must be kept in airtight containers. 4. Odors - chicken coops must be maintained in a sanitary manner to include clean water and feeding troughs, removal of wet litter daily, and removal of manure and old feed several times a week. 5. Noise - Propose to prohibit roosters. Hens are not very loud and will cackle when laying eggs. 6. Rodents/Storage of Feed - Plastic containers shall be prohibited since rats eat plastic. The ordinance requires that chicken feed be stored in metal containers. 7. Disposal of Deceased Chickens - The ordinance requires that owners will have the option to dispose of deceased chickens into a garbage can or take to a veterinarian for disposal. The slaughtering of chickens is prohibited. 8. Diseases / Veterinarian Care - the staff was directed to consult with a local veterinarian. Dr. Brett Adams agreed to discuss and he provided insight into chicken diseases. Chicken diseases are zoonotic, meaning the virus or bacteria can be transmitted to humans. The most common diseases are E.coli and salmonella. Since small flocks of backyard chickens may carry such diseases, owners must use personal hygiene including clothing and shoes after handling chickens and their eggs. 9. Permit to have backyard chickens - the Ordinance would require a one time registration for those that desire to have chickens. The cost of the registration would be $ 25.00 and it would provide the county with the location of the chickens and ensure the chicken owner is compliant with the regulations. The ordinance would allow up to five (5) chickens on an occupied single-family property. PREVIOUS ACTION: On November 14, 2017 and February 11, 2020, the ordinance went before the Board of County Commissioners at monthly informal meetings. On March 17, 2020, the Board of County Commissioners authorized Permission to Advertise for amending Chapter 7.10.03 Animal in Residential Areas for public hearing before the Planning and Zoning Commission and two (2) public hearings before the Board of County Commissioners. FINANCIAL IMPACT: The cost to have Code Enforcement perform an annual inspection is $109.00. The proposed registration fee is $ 25.00. The registration will provide a service to our citizens who participate in the backyard chicken program. It will ensure compliance with the regulations, education, and penalties for violating the ordinance. The cost of the work involved to process registration is higher than the proposed $25.00 fee. Staff feels most citizens would not pay a fee higher than $25.00. Our research shows this fee is at the upper end for most municipalities who have for backyard chickens regulations/programs. It may be more advantageous to have a lower fee that more people would pay and be compliant with the rules than a higher fee and non-compliant with the ordinance. Page 63 of 107 RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward the draft ordinance to the Board of County Commissioners with a recommendation of approval. COMMISSION ACTION: RESULT: MOVER:None SECONDER:None AYES:None NAYS:None EXCUSED:None Coordination/Signatures Date: August 17, 2020 Katherine Barbieri, Assistant County Attorney III Date: August 17, 2020 Monica Graziani, Building & Code Regulation Manager Date: August 17, 2020 Linda Pendarvis, Planning Manager Date: August 17, 2020 Benjamin Balcer, Planning & Development Services Assistant Director Date: August 17, 2020 Daniel McIntyre, County Attorney Date: August 18, 2020 Mark Satterlee, Deputy County Administrator Page 64 of 107 ITEM 9.A. SUGGESTED MOTIONS: 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 LAND DEVELOPMENT CODE TEXT AMENDMENT TO CHAPTER 7.10.03 ANIMALS IN RESIDENTIAL AREAS TO ESTABLISH A ONE-TIME REGISTRATION HOLDER PROGRAM FOR BACKYARD CHICKEN-KEEPING AND CHICKEN COOPS ON AN OCCUPIED SINGLE FAMILY RESIDENTIAL ZONING DISTRICT PROPERTY IN RS-2, RS-3, RS-4 ZONING DISTRICTS PROVIDING FOR EXCLUSION OF THE RIVER PARK SUBDIVISION BECAUSE…. [CITE REASON(S) WHY – PLEASE BE SPECIFIC] 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 THE PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENT TO CHAPTER 7.10.03 ANIMALS IN RESIDENTIAL AREAS TO ESTABLISH A ONE-TIME REGISTRATION HOLDER PROGRAM FOR BACKYARD CHICKEN-KEEPING AND CHICKEN COOPS ON AN OCCUPIED SINGLE FAMILY RESIDENTIAL ZONING DISTRICT PROPERTY IN RS-2, RS-3, RS-4 ZONING DISTRICTS PROVIDING FOR EXCLUSION OF THE RIVER PARK SUBDIVISION BECAUSE…. [CITE REASON(S) WHY – PLEASE BE SPECIFIC] Page 65 of 107 TR-GCI0456746-01 ST.LUCIE COUNTY PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY PUBLIC HEARING AGENDA Thursday,August 20,2020 NOTICE OFAPROPOSEDTEXT AMENDMENTTO THELAND DEVELOPMENT CODE TheSt.LucieCountyPlanning and Zoning Commissionis scheduled to reviewandmakea recommendationregarding the followingCountyinitiatedproposalforadoption by the Board ofCountyCommissioners of St.LucieCounty,Florida,by Ordinance: ORDINANCE NO.20-XXX FILE NO:XXXX AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.LUCIE COUNTY,FLORIDA, RELATING TO BACKYARD CHICKENS;AMENDING THE ST.LUCIE COUNTY CODE TO AMEND CHAPTER 7.10.03 ANIMALS INRESIDENTIALAREAS TO ESTABLISHAONE-TIME REGISTRATION HOLDER PROGRAM FORBACKYARD CHICKEN-KEEPING AND CHICKEN COOPSON ANOCCUPIED SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT PROPERTY IN RS-2,RS-3,RS-4 ZONING DISTRICTS;PROVIDING FOR EXCLUSION OF THE RIVER PARK SUBDIVISION;ENUMERATING THE TERMS AND CONDITIONS CONCERNINGTHEKEEPINGOF BACKYARD CHICKENS;ESTABLISHING A ONE-TIME REGISTRATION HOLDER PROCESS;PROVIDING PENALTIES;PROVIDING FOR CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;PROVIDING FOR ADOPTION AND CODIFICATION;ANDPROVIDING FOR AN EFFECTIVEDATE. PURPOSE:A CountyinitiatedText Amendment tothe LandDevelopment Codeamending Chapter 7.10.03AnimalsinResidentialAreasto establish a one-timeregistrationholderprogramfor backyardchicken-keeping andchicken coopsonanoccupied single-family residentialzoningdistrict propertyin Rs-2,Rs-3,Rs-4Zoning Districts. ThePlanning andZoning CommissionPUBLICHEARING on thisitemwillbeheldinthe Commission Chambers,RogerPoitrasAnnex,3rd Floor,St.LucieCountyon Thursday,August 20,2020 beginningat 6:00pmoras soon thereafter aspossible. Allinterested persons will be givenan opportunitytobe heard.The publicwillbeableto physically attend thismeeting,but seatingin theChamberswillbe regulatedto complywithsocialdistancing protocols.Members ofthe public whodoattend arerequiredto wearmasksorsimilardevices, whichcover thenoseand mouthpursuantto Emergency Order 20-044. Written commentsreceived inadvanceof thepublichearingwillalsobeconsidered.If residentsare concernedabout COVID-19or have healthconcerns,please refrain fromcomingto public meetings in person.You canlivestream themeeting andcontactthe commissioners viaphoneoremail asan alternativeto making publiccommentsin person. Publiccomment forupcomingmeetingscan be submittedseveralways: •Emailatpubliccomment@stlucieco.org. •Residents without Internetaccesscancomment byphone at772-462-1499 andTDD (telecommunicationsdevice forthe deaf)number at772-462-1428. Comments mustbesubmitted bynoon thedaypriorto themeeting.Commentswillbedistributed totheCommissionin advance ofthe meetingand included inthe recordprovided thecomments comply with theCounty’s rules.Comments received byphone will beeither played atthe meetingor transcribed inwrittenform providedthatthe comments complywiththeCounty’srules. General public comment islimitedtothreeminutesorroughly390words;while commentsfor public hearingitemsare limitedto fiveminutesorroughly750words. Thepetition fileisavailablefor review atthe PlanningandDevelopment Services Departmentoffices locatedat 2300VirginiaAvenue,2ndFloor,FortPierce,Florida,during regular business hours. Pleasecall(772)462-2822orTDD (772)462-1428if you haveanyquestionsorrequireadditional information. TheSt.Lucie CountyPlanning and ZoningCommission hasthepower toreviewandrecommendto the St.LucieCountyBoard ofCountyCommissioners,forapproval or disapproval,anyapplications withintheir area of responsibility. Theproceedings ofthe Planningand ZoningCommissionare electronicallyrecorded.PURSUANT TOSection286.0105,FloridaStatutes,ifaperson decidestoappealany decisionmadebythe Planning and ZoningCommission with respecttoanymatter consideredatameeting orhearing,he orshe will need arecord ofthe proceedings.Forsuch purpose,heorshe mayneed toensurethat averbatimrecordof theproceedings is made,which recordincludesthetestimony andevidence upon whichthe appealistobe based.Upon therequestof anyparty tothe proceeding,individuals testifyingduring a hearing will be sworn in.Any party tothe proceeding will be grantedan opportunity tocross-examine anyindividual testifyingduring a hearinguponrequest.Ifitbecomes necessary,a publichearing maybecontinued toadate-certain. Anyonewithadisabilityrequiring accommodation toattend thismeeting should contactthe St. Lucie CountyCommunityRiskMangeratleastforty-eight (48)hours priorto themeeting at(772) 462-1546orT.D.D.(772)462-1428.Any questionsaboutthis agendamaybereferredtoSt.Lucie CountyPlanning Divisionat(772)462-2822. PLANNING AND ZONINGCOMMISSION/ LOCAL PLANNINGAGENCY ST.LUCIE COUNTY,FLORIDA /S/WILLIAM O’DELL,CHAIRMAN PUBLISHDATE:Friday,August 7,2020 Page 66 of 107 R r r. ST. LUCIE COUNTY CODE ENFORCEMENT BOARD FINDINGS OF FACT, CONCLUSION OF LAW, AND ORDER CASE NO. 79092 ERIC AND ELIZABETH MARTIN THIS CAUSE came on for a Violation Hearing before the St. Lucie County Code Enforcement Board ('Board") on the 7th day of January, 2015 after due notice to the Violators, Eric and Elizabeth Martin, and the Board having heard testimony under oath, received evidence, and heard argument of counsel, thereupon issues its Findings of Fact, Conclusion of Law, and Order as follows: A. FINDINGS OF FACT: There are animals other than household domestic pets housed less than 100 feet from the property line on the property located at 7900 Hoeff aer Ln., Ft. Pierce, FL on property described as: MODEL LAND CO'S S/D 23 35 39 N 1/2 OF LOT 5 AND THAT PART OF N 1/2 OF LOT 6 LYG W OF HOUSTON TEXAS GAS AND OIL CORP IN NE 1/4 -LESS W 534.94 FT AND LESS N 30FT- (1.48 AC) (OR 2032-258) as recorded in the Public Records of St. Lucie County. B. CONCLUSION OF LAW: Section 7.10.03, Animals in Residential Districts, of the St. Lucie County Land Development Code, provides that no animals shall be kept in any residential district except those animals generally recognized as household domestic pets, no more than a total of three (3) dogs and/or cats four (4) months or older shall be allowed for each dwelling unit. In the AR -1 district, animals other than household domestic pets may be kept provided they are not housed within one hundred (100) feet of any property line. Since the Violators have animals other than household domestic pets housed within one 1 EXH1BlT Page 67 of 107 hundred (100) feet cf the property line, Section 7.10.03 of the St. Lucie County Land Development Code has been violated. C. ORDER: Based on the findings of fact and conclusion of law set out above, this Board determines that the Violators must abate the violation by cease housing animals other than household domestic pets within one hundred (100) feet of the property line on the property described above by February 6, 2015 Unless the violation is properly abated by Feb , , 6, 2015 , this Board may levy a fine not to exceed two hundred fifty and 00/100 ($250.00) dollars per day for each day the violation continues. D. A proseculaon cost of two hundred dollars and 00/100 ($200.00) is hereby assessed. Any Party requesting a rehearing or reconsideration of the Board's action must file a written request setting forth the legal grounds therefore with the Code Enforcement Board Secretary within thirty (30) days of the date of this order. DONE AND ORDERED this 71 day of January 2015. ATTEST: i SECRETARY L ST. LUCIE COUNTY CODE ENFORCEMENT BOARD MOA0ii"st.....• P4 Page 68 of 107 0 APPROVED AS TO FORM AND CORRECTNESS: Z Ir;_ COME ENFRCEMENTBOARD ATTORNEY I BEREBY CERTIFY that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law, and Order has been furnished by mail to: Eric and Elizabeth Martin 7900 Hoeffner Ln. Ft. Pierce, Fl. 34945 Blaxberg, Grayson & Kukoff, P.A. Moises T. Grayson, Esq. 25 SE 2nd Ave., Suite 730 Miami, FL 33131 SECRETARY i Page 69 of 107 MANDATE aPR 1iZoos C®UNTYATTt`7RNEY FROM: -Joseph:E: Smith; "Clerk -of the Circuit Court IN THE;CIRCUIT/COUNTY.COURT OF.TIjBNINETEENTH JUDICIAL CIRCUIT IN AND FOR ST LUCIE COUNTY, FLORIDA APPELLATE DIVISION This cause having been brought to this Court by Appeal, and after due consideration the court having issued its Opinion, YOU ARE HEREBY COMMANDED that such further proceedings be had in this cause in accordance with the Opinion of the Court, and with the rules of procedure and the laws of the State of Florida. WITNESS the HONORABLE LAWRENCE M MIRMAN, Presiding Judge of the Appellate Division of the Nineteenth Judicial Circuit, and the seal of this Court at Fort Pierce, St. Lucie County, on this 7TH day of April, 2016. DATE: April 7, 2016 CIRCUIT APPEAL CASE NO: 2015AP000005 LOWER:TRIBUNAL;CASE"N0:;CODE ENFORCEMENT. BOARD: STYLE OF CASE: ...ERIC MARTIN & ELIZABETH MARTIN'...,, ST. LUCIE COUNTY CODE ENFORCEMENT BOARD Original to: Court File Copies to: All Attorneys & Parties on Record ERIC MARTIN 25 SOUTHEAST 2ND AVENUE, SUITE 730, FL 33131 ST. LUCIE COUNTY CODE ENFORCEMENT BOARD 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982 ATTY FOR APPELLANT: MOISES THOMAS GRAYSON 25 SE 2ND AVE STE 730, MIAMI, FL 331311696 Page 1 P of 2 C St. Lucie County, File Date: 04/07/2016 - 10:55 AM Page 70 of 107 JOSEPH E. SMITH CLERK OF THE CIRCUIT COURT ST. LUCIE COUNTY, FLORIDA Lower Court / Tribunal/State Agency Clerk Address P.O. Box 700, Ft, Pierce, FL 34954 Telephone Number (772) 462-6940 Email Address: appeals@stlucieclerk.com FallwijN71i SUZANNE POTrINGER DEPUTY CLERK St. Lucie County, File Date: 04/07/2016 - 10:55 AM Page 2 of 2 Page 71 of 107 If -- Filing # 39295830 E -Filed 03/22/2016 10:06:42 AM IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST LUCIE COUNTY, FLORIDA. APPELLATE DIVISION Circuit Case No. 15 -AP -5 ERIC MARTIN AND ELIZABETH MARTIN, Appellants, Not final until time expires for filing motion V. for rehearing, and iffiled, disposed of. ST. LUCIE COUNTY CODE ENFORCEMENT BOARD, Appellee. Decision filed March 22, 2016. Appeal from the St. Lucie County Code Enforcement Board. Moises Grayson, Blaxberg, Grayson & Kukoff, P.A., Miami, for appellant. Daniel McIntyre, County Attorney, and Katherine Barbieri, Assistant County Attorney, Fort Pierce, for appellee. PER CURIAM. Armed. SWEET, MCMANUS, JJ., and ROBERTS, Acting Circuit Judge, concur. Copies of above decision were furnished to the attorneys/parties of record on the same date the decision was filed. 1 Page 72 of 107 Page 73 of 107 Page 74 of 107 Page 75 of 107 OCT272017 COUNTYATTORNEY Page 76 of 107 STCC F Pets plilarity nationwide ieir food choic,,, s and garden Page 77 of 107 m= Page 78 of 107 10 sITrAn* M27MAk" 2010401OW bens can lay between 150 to 300 eggs per year depending on age and breed ( most productive between 1 and 2 years old) Average hen lifespan is 8 years, although can live up to 15 or even 20 yearsEggs from backyard chickens are fresher than store bought Taste better More nutritious ( commercial hens have standardize diet) mens less stressed in natural environment in small flocks 4 -- 6 hens can provide enough eggs for a typical household Page 79 of 107 VolusiaMarianSarasotaManateeAlachua Page 80 of 107 Location Map of chicken, goats, donkeys, and cow Violations Total # of' Chicken Code Cases: 2015 to present mm, 37 cases all abated) rvejri Page 81 of 107 STCC Page 82 of 107 nimals means small un- hooved animals including chickens, turkeys, doves, pigeons, quail, gam Small farm animals do not include household pets. Allow in all single- family residential zones Prohibit roosters, peacocks, guinea hens and others that produce noise creating a nuisance Maximum 6 hens Minimum Coup standards to include an exercise yard Setbacks for coups from adjacent properties NO free roaming NO slaughtering NO odors NO noises other than usual Must have provisions for storage and disposal of or compost waste Feed must be stored in rodent free containers Dead chickens must be disposed of properly For the personal, noncommercial use of the occupants only NO salesRecommend class or, how to raise chickens through U of F Ag Extension or 4H. Page 83 of 107 m w.. .. M Page 84 of 107 Board of County Commissioners  Informal Meeting February 11, 2020 Page 85 of 107 Issues: •Coop Standards / need setbacks from neighboring properties •Exclude River Park Subdivision / Overlay District •Chicken Waste – nitrogen impacts to the IR Lagoon •Odors •Disposal of Deceased Chickens •Noise – prohibit roosters •Rodents / storage of feed / no plastic containers •Diseases -Veterinary Care •Permit Requirement – do not require a permit Board Feedback on Proposed Use of Backyard Chickens Page 86 of 107 Response to Issues 1. Coop Standards / Setbacks from neighboring properties: •10 foot side and rear yard setback •25 feet from any residential structure on an adjoining lot •Maximum size of coop 120 square feet (10 x 12) •Maximum height of coup 6 feet •Keep coop in backyard of the residence •Coop must be screened from adjacent roadways or neighboring properties with a six foot opaque fence, wall or hedge Page 87 of 107 Typical Lot with Chicken Coop in Rear Yard Standards for RS-4 Min. lot size = 10,000 sf Side setback 7.5 feet Rear setback 15 feet Coop Setbacks Rear yard only 10 feet side yard 10 feet rear yard 25 feet from nearest adj. structure Prohibited in front yard and side yards Page 88 of 107 Response to Issues, continued 2. Prohibit Chickens in the River Park Subdivision •River Park Subdivision is primarily zoned RS-4 and only a small portion of the subdivision is within the River Park Community Overlay Zone. •The subdivision can be excluded from the proposed ordinance since the area is subject to an overlay district that encourages redevelopment along a major roadway corridor that serves as the entrance to the City of Port St. Lucie. •The City prohibits chickens and this could become a problem across jurisdictional lines. Page 89 of 107 Map of River Park Subdivision and the River Park Community Overlay Zone Page 90 of 107 Response to Issues, continued 3. Chicken Waste Benefits: It is a source of nutrients that can be used for compost or directly used as fertilizer tilled into the soil. Risks: Nitrogen Impacts and Runoff * Excess nitrogen can harm water bodies; it can cause overstimulation of growth of aquatic plants and algae. * Large-scale chicken farms can pollute natural resources like rivers and bays. Staff spoke to Dr. Adams and he advised that the limited number of chickens would not create a runoff problem nor an impact to the lagoon. * Disposal of Manure There are several ways to dispose of coop litter and manure: Store in air tight containers. Dispose in a garbage bag for roadside pickup or use as compost in the garden. 4. Odors The best method to minimize coop odors is to keep the chicken coop (water and feed troughs) sanitary. Remove manure and old feed several times a week. Remove wet litter daily, if not it will create odors and bacteria. Page 91 of 107 5. Deceased Chickens Slaughtering should be prohibited. Dispose of in garbage can or take chicken to veterinarian office for disposal or to have euthanized. 6. Noise Roosters should be prohibited. Chickens, hens, are not very loud and only make noise when they lay eggs, they ‘cackle’; and, will cackle or squawk if predators are in the vicinity. Hens sleep once it is dark. 7. Rodents and Storage of Feed Plastic containers should be prohibited since rats can eat plastic. It is recommended that metal containers be used to store chicken feed. Responses to Issues, continued Page 92 of 107 Response to Issues, continued 8. Diseases Staff consulted with a local domestic animals, equine and farm animal veterinarian, Dr. Brett Adams, and he provided insight into the concerns noting not to be alarmed by backyard chickens. Some diseases are ‘zoonotic’, meaning the virus or bacteria can be transmitted from animals to humans. Most common zoonotic diseases from chickens are E.coli and salmonella. •Migratory bird population, crows, blackbirds, carry the same diseases, as well as, pet parrots, turtles, dogs, and lizards. •Small flocks, such as backyard chickens, may carry E.coli and salmonella. To avoid illnesses, chickens owners must wash hands after handling chickens and their eggs. Most chicken ordinances don’t include the welfare of the chicken. The Board may want to consider an annual check-up with a veterinarian just like cats and dogs. Although, it is not recommended that the chickens have vaccines. Vaccines are only given to chickens in 4-H programs, Future Farmers of America programs or ‘show’ chickens. Page 93 of 107 Response to Issues, continued 9. Permit requirement. How to monitor who has chickens in the community? Staff recommends a ‘registration’ program for all new chicken owners. Registration to include a nominal fee of $ 25.00 and the following standards: 1. Coop standards with setback requirements 2. No roosters, no free roaming chickens 3. Maximum 5 chickens 4. Keep chickens healthy 5. Homeowner Association and or property owner, if tenant, approval required 6. Provide for an annual inspection for compliance 7. A violation may result in a revocation of the registration 8. Prohibit selling eggs, chickens and no slaughtering 9. Recommend class on how to care for chickens at local University of Florida IFAS Extension or 4-H Program Page 94 of 107 Total # of Chicken Code Cases: 2015 to present = 55 cases (abated) (excluding Animal Control) Page 95 of 107 4 – H Program St. Lucie County Extension Office Farm Animal Program Participants – 394 children Poultry Program – 42 children (at 4-H) Non-Agriculture Zoning – 55 properties cited (RS-2, RS-3, RS-4, RMH-5, RM-5, CG, IL) Code Cases – 4 cases pending Page 96 of 107 Staff Recommendation Option 1: •Continue to use Code Compliance to regulate. Option 2: •Direct staff to prepare an ordinance to allow chickens in the RS- 2, RS-3 and RS-4 residential zoning districts. •The AG-1, AG-2.5, AG-5 and AR-1 would be exempt from a proposed backyard chicken ordinance. Page 97 of 107 ORDINANCE No. 2020-XX FILE NO.: XXXX AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RELATING TO BACKYARD CHICKENS; AMENDING THE ST. LUCIE COUNTY CODE TO AMEND CHAPTER 7.10.03 ANIMALS IN RESIDENTIAL AREAS TO ESTABLISH A ONE-TIME REGISTRATION HOLDER PROGRAM FOR BACKYARD CHICKEN-KEEPING AND CHICKEN COOPS ON AN OCCUPIED SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT PROPERTY IN RS-2, RS-3, RS-4 ZONING DISTRICTS; PROVIDING FOR EXCLUSION OF THE RIVER PARK SUBDIVISION; ENUMERATING THE TERMS AND CONDITIONS CONCERNING THE KEEPING OF BACKYARD CHICKENS; ESTABLISHING A ONE-TIME REGISTRATION HOLDER PROCESS; PROVIDING PENALTIES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) recognizes the trend in society to incorporate fresher products into diets; a lifestyle which can be supported by allowing residents to keep and raise chickens on their single-family residential properties to produce eggs for personal consumption; and WHEREAS, the St. Lucie County Land Development Code currently permits livestock and poultry only in agricultural zoning districts; and WHEREAS, many communities around the country have been exploring how to integrate backyard chickens into urban and suburban residential settings compatibly; and WHEREAS, the St. Lucie County Board of County Commissioners recognizes the desire of all residents to live in a clean and pleasant environment free of excessive odor, noise, vermin, and disease; and WHEREAS, the Board of County Commissioners desires to implement a registration holder program to permit the keeping of up to five (5) chickens on an occupied single-family residential zoning district property within the RS-2, RS-3, RS-4 zoning districts, excluding the River Park Subdivision that is partially subject to an overlay district that encourages redevelopment to improve the area that suffers from deficiencies and has not developed as a result of changing market conditions, subject to the terms and conditions of this Ordinance. Page 98 of 107 Ordinance No. 2020-XX Section 7.10.03 Animals in Residential Districts Backyard Chicken-Keeping Registration Program File No.: XXXXX Page 2 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A:INCORPORATION OF RECITALS. The above recitals are incorporated herein by reference and form an integral part of the Ordinance. PART B. SHORT TITLE. This Ordinance shall be known and referred to as the Backyard Chicken-Keeping Program Ordinance. PART C.INTENT AND PURPOSE. The intent and purpose of this Ordinance is to create a one-time registration holder program to permit the keeping of up to five (5) chickens on an occupied single-family residential zoning district property within the RS-2, RS-3, RS-4 zoning districts, excluding the River Park Subdivision that is subject to an overlay district that encourages redevelopment to improve the area that suffers from deficiencies and has not developed as a result of changing market conditions, to meet the needs of the average family’s egg consumption. PART D.The specific amendment to the St. Lucie County Land Development Code to read as follows in strikethrough and underline format: PART E.CHAPTER 7.10.03. – Animals in Residential Districts. A.Exempt as provided in this section, no animals shall be kept in any residential district except those animals generally recognized as household pets, such as dogs, cats, caged birds, etc. In any residential district, no more than a total of five (5) dogs and/or cats four (4) months or older shall be allowed in each dwelling unit. For the purpose of this section, ”residential districts” shall not include the following: AG-1; AG 2.5; AG-6: AR-1 with agricultural classification pursuant to Section 193.461, Florida Statutes; or PUD where livestock is permitted. An exemption to this section is granted by Section 7.10.03.D. – Backyard chicken-keeping One- Time Registration Holder Program. The holder of a valid backyard chicken-keeping registration is allowed up to a maximum of five (5) chickens on an occupied single-family residential zoning district property within the RS-2, RS-3, RS-4 zoning districts, excluding the River Park Subdivision that is partially subject to an overlay district that encourages redevelopment to improve the area that suffers from deficiencies and has not developed as a result of changing market conditions B.In the AR-1 district, animals other than household domestic pets may be kept provided they are not housed within one-hundred (100) feet of any property line. C.In the RE-1 and RE-2 districts, horses may be kept provided that: 1.The property is at least (2) acres; Page 99 of 107 Ordinance No. 2020-XX Section 7.10.03 Animals in Residential Districts Backyard Chicken-Keeping Registration Program File No.: XXXXX Page 3 2.No more than two (2) horses are kept; 3.The horses are for the private and personal use of the resident and his/her family; and, 4.The horses are to be stabled at least one hundred fifty (150) feet from any residence under separate ownership and three hundred (300) feet from the edge of the right-of-way of any street. D.Backyard Chicken-keeping One-time Registration Holder Program: (a)Purpose. The purpose of this One-time Registration Holder Program is to establish and implement a Backyard chicken-keeping program allowing residents to keep or raise chickens on a developed and occupied detached single-family residential properties subject to the terms and conditions of this program. For this section, the term “chicken” refers to female chickens only (i.e.hens). (b)One-time Registration and general conditions for backyard chicken-keeping in certain residential zoning districts. Persons desiring to participate in the backyard chicken-keeping program shall obtain a registration from the Planning and Development Services Department before keeping chickens (1)The St. Lucie County Board of County Commissioners now establishes a one-time fee of twenty-five dollars ($ 25.00) to process new registrations for residential backyard chicken-keeping. (2)No more than one registration holder for backyard chicken keeping shall be issued per developed and occupied single-family residential property. (3)If a tenant or person applying for a one-time registration for backyard chicken-keeping is not a fee simple owner of the subject property, the fee simple owner must join in and consent to the registration. (4)To obtain registration under this program, persons applying for a registration for the keeping of chickens must show that they can meet the requirements of this program by a sketch plan of the back yard, including all required principal structures and approval from a Homeowners’ Association where applicable. (5)A signed and notarized affidavit is required to be submitted with all backyard chicken-keeping registration holders. The affidavit shall state that the chicken coop and enclosure will be designed, constructed, and Page 100 of 107 Ordinance No. 2020-XX Section 7.10.03 Animals in Residential Districts Backyard Chicken-Keeping Registration Program File No.: XXXXX Page 4 operated to the standards outlined in the St. Lucie County Land Development Codes. The affidavit shall also state that the drawings submitted as part of the registration are a reasonably accurate representation of the subject site features and adjacent properties. (6)The County may conduct on-site inspections of the subject property to make compliance determinations under this program before and after the filing of the registration. The County may provide forty-eight (48) hour notice to registration holders before performing inspections. (7)The County may deny a registration application if the person(s) applying for the registration cannot meet the requirements of this program. The issuance of a registration for the keeping of chickens is conditioned upon and subject to the terms and conditions of this Ordinance. (8)Upon approval of registration, the location will be subject to an annual inspection to ensure that the area is being maintained in a manner that is safe and sanitary for the animals. The location cannot create a nuisance for the neighbors. The is no fee for the annual inspection. (9)If this section is repealed, the County will mail notices to each active registration holder advising that they will need to relocate their chickens, providing them at least sixty (60) days’ notice from the adoption of any ordinance repealing backyard chicken-keeping program. (10)If a resident decides to discontinue backyard chicken-keeping, or if their registration is revoked, per Subsection (e), or this section is repealed, the resident is responsible for finding appropriate homes for the chickens within thirty (30) days. Also, a final inspection shall be completed in thirty (30) days to ensure that the chickens, coop, and enclosure have been removed from the property. (11)The date a registration application is approved for the keeping of chickens, such registration does not expire unless the registration holder is found in violation of the ordinance, and violations are not corrected. The registration will then be revoked, and the resident is responsible for finding appropriate homes for the chickens with thirty (30) days. Also, a final inspection shall be completed in thirty (30) days to ensure that the chickens, coop, and enclosure have been removed from the property. Page 101 of 107 Ordinance No. 2020-XX Section 7.10.03 Animals in Residential Districts Backyard Chicken-Keeping Registration Program File No.: XXXXX Page 5 (12)Up to five (5) chickens may be kept on an occupied detached single-family residential property upon receiving an approved-registration from the Planning and Development Services Department. Regardless of the underlying future land use designation, chickens shall not be kept on properties developed with commercial uses, mobile homes/manufactured home parks, duplexes, triplexes, townhomes, and apartments or other multifamily properties. (13)Existing developed and occupied detached single-family residence that was lawfully approved to raise chickens before the adoption of this ordinance, shall be grandfathered and allowed to continue the use without requiring registration. (14)Every person who owns, controls, keeps, maintains, or harbors chickens must keep them confined on the premises at all times within a chicken coop or chicken enclosure unless a person is supervising the chickens within the confines of a fenced rear yard on the premises. After a person has completed the personal interaction and supervision of chickens within the confines of the fenced rear yard, the chickens shall be returned to the coop or enclosure. Supervising shall mean that the person is outside in the fenced rear yard and has the chickens within sight distance at all times. No electronic monitoring is permitted. (15) The keeping of ducks, geese, turkeys, guinea fowl, and pigeons or any other poultry or fowl by a person with an enclosure is prohibited under this program. This program does not prohibit the existence of these species in the wild as free-range birds. (16)Chickens shall be kept for personal use only. Selling chickens, eggs, or chicken manure, or the breeding of chickens for commercial purposes is prohibited. (17)Chickens shall not be bred or slaughtered on-premises. Deceased chickens shall be disposed of within 24 hours; or, if sick, may be taken to a veterinarian office to be euthanized. (c)Location and requirements for chicken coops and enclosures. Backyard chicken- keeping shall be permitted as an accessory use within single-family residential zoning districts, where the lot or parcel is developed and occupied by a single- family detached residence. Chickens shall not be kept on residential property with mobile home/manufactured home parks, duplexes, triplexes, townhomes, and apartments or other multi-family properties. Page 102 of 107 Ordinance No. 2020-XX Section 7.10.03 Animals in Residential Districts Backyard Chicken-Keeping Registration Program File No.: XXXXX Page 6 (a)Permission for backyard chicken-keeping shall be subject to the following standards and conditions: (1)The maximum size of the coop and enclosure area shall be one-hundred and twenty-five (125) square feet. (2)The space per bird in the coop shall be not less than four (4) square feet. (3)The coop and enclosure shall be set back a minimum of ten (10) feet from the side and rear lot lines and a minimum of twenty (20) feet from any side street, so long as the coop and enclosure area shall be at least twenty-five (25) feet, from any residential structure on an adjoining lot. The coop and enclosure must be kept in the rear backyard of the residence. (4)A building permit from the building department shall not be required for the coop. The registration for keeping backyard chickens shall list the construction material methods as well as anchoring methods, such as tie- downs. Prefabricated mobile coops may be exempt from the requirement to obtain a building permit. (5)The coop and enclosure area shall be located in the rear yard of the developed and occupied single-family detached residential property. (6)Nothing in this section shall prevent the construction of a coop and enclosure from abutting the rear of an applicant’s house, so long as it otherwise meets the requirements of this Code. (7)The maximum height of a coop and the enclosure area fence around the coop shall be six (6) feet, as measured from the existing grade to the highest part of the coop or fence. (8)Chicken coops and enclosures shall be completely screened from adjacent roadways and neighboring parcels by a six-foot-tall opaque fence or wall erected on the property line. A chain-link fence, chain-link fence with slats, or similar fence shall not constitute an opaque wall or fence. A building permit may be required to erect an enclosure area fence in according to Section 8.00.04 of the St. Lucie County Land Development Code (9)Chicken coops shall be covered and ventilated, and a fenced enclosure/run is required. The coop and enclosure must be constructed in a way that Page 103 of 107 Ordinance No. 2020-XX Section 7.10.03 Animals in Residential Districts Backyard Chicken-Keeping Registration Program File No.: XXXXX Page 7 establishes a clean, safe, and pleasant environment free of odor, vermin, noise, and disease. (10)All enclosures for the keeping of chickens shall be so constructed and maintained as to prevent rodents or other pests. Chicken coops must be impermeable to rodents, wild birds, predators and weather, including all openings, ventilation holes, doors, and gates. Enclosures shall be kept in clean and neat conditions, including the provision of clean, dry bedding materials and regular removal of waste materials, not to create an odor. (11) All chicken feed shall be kept in a secured and covered metal container, or otherwise protected to prevent rodents and other pests from gaining access to it. (d)Health, sanitation, and nuisance as applied to the keeping of chickens. (1)Chickens shall be housed at all times within a covered coop or fenced enclosure area, except that they may be removed from the coop or fenced enclosure area by a resident or visitor of the home, provided the resident keeps them under his or her continuous custody and control while they are outside the coop or fenced enclosure area. No electronic monitoring is permitted. (2)Chickens must be secured within the chicken coop during non-daylight hours. (3)Chickens shall not be permitted to trespass on neighboring properties, run at large, be released, or set free at any time. (4)Chicken coops and runs shall be maintained in a clean and sanitary condition at all times. Chickens shall not be permitted to create a nuisance consisting of odor, noise or pests, or contribute to any other nuisance condition. (5)If a chicken is injured or bitten by a family dog or neighbor’s dog, said dog shall not be classified as a dangerous dog according to Section 6-23 of the St. Lucie County Land Development Code. (6)All deceased chickens shall be properly disposed of off-site within 24 hours of expiring. Page 104 of 107 Ordinance No. 2020-XX Section 7.10.03 Animals in Residential Districts Backyard Chicken-Keeping Registration Program File No.: XXXXX Page 8 (7)In a public health emergency declared by the St. Lucie County Health Department, including but not limited to an outbreak of Avian Flu or West Nile virus, immediate corrective action shall be required, per applicable public health regulations and procedures and Animal Service. (e)Revocation and transfer of Registration (1)Revocation. The registration that granted the authority to have backyard chickens may be revoked by the County for the following reasons: a.If a registration holder fails to obtain chickens within six (6) months of obtaining the registration. b.If any condition of the chicken-keeping ordinance has been violated, the County may revoke the registration immediately if the violation has not been remedied within seven (7) days after written notice of the violation. c.Without allowing the registration holder to remedy a violation as set forth above, the revocation shall occur if more than three separate violations occur in 90 days arising from the backyard chickens. d.If revoked, neither the resident nor anyone else on the same premises may reapply for a period for twelve (12) months from the date of revocation. All chickens must be removed from the property any time a registration is revoked. e.A person aggrieved by a decision to deny or revoke a chicken- keeping registration may appeal according to Section 11.11.00 of the St. Lucie County Land Development Code. (2)Transfer. A registration issued according to this section, shall not be transferred to a subsequent property owner. Any subsequent property owner will be required to apply for registration according to this section if the subsequent property owner wants to keep chickens. (3)Relocation. Any active registration holder who relocated to a new location shall apply for a chicken-keeping registration for the new location. (4)Cancellation. If a participant chooses to discontinue backyard chicken- keeping, they must provide notice to the County and remove the chickens, coop, and enclosure within thirty (30) days of the notice being given. Page 105 of 107 Ordinance No. 2020-XX Section 7.10.03 Animals in Residential Districts Backyard Chicken-Keeping Registration Program File No.: XXXXX Page 9 (f)Violations. If a violation of this program occurs, the County shall have the right to one or more of the following remedies or actions: (1)Institute code enforcement proceedings and prosecute code violations against the violator and the property owner of the real property where the violation occurs according to Section 11.13.00 of the St. Lucie County Land Development Code; (2)Take any other action or remedy authorized by law or in equity, including but not limited to, instituting an action in court to enjoin violating actions, in which case the violating person shall be liable to the County for reimbursement of the County’s attorney’s fees and costs concerning such action; (3)Revoke the registration for the keeping of chickens within ten (10) days. PART F.CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART G. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART H. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART I.FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART J. EFFECTIVE DATE. Page 106 of 107 Ordinance No. 2020-XX Section 7.10.03 Animals in Residential Districts Backyard Chicken-Keeping Registration Program File No.: XXXXX Page 10 This ordinance shall take effect upon filing with the Department of State. PART K.ADOPTION. After motion and second, the vote on this ordinance was as follows: Cathy Townsend, Chair ______ Chris Dzadovsky, Vice Chair ______ Sean Mitchell, Commissioner ______ Linda Bartz, Commissioner ______ Frannie Mitchell, Commissioner ______ PART L.CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section," "article," or another appropriate word, and the sections of this ordinance may be renumbered or re-lettered to accomplish such intention; provided, however, that Section 4 through 13 shall not be codified. PASSED AND DULY ENACTED Attest: Board of County Commissioners St. Lucie County, Florida By: Deputy Clerk Chair Approved As To Form and Correctness: By: County Attorney Page 107 of 107