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PLANNING & ZONING COMMISSION
AGENDA
ST. LUCIE COUNTY
P & Z Regular Meeting
Thursday, January 19, 2017
6:00 PM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
Interim Chair
BOBBY HOPKINS
Board Member
EDWARD LOUNDS
Board Member
WILLIAM SMITH
At-Large Board Member
JAMES CLASBY
At-Large Board Member
JAMES TAYLOR
Board Member
CRAIG MUNDT
Board Member
WILLIAM O'DELL
Board Member
KARA WOOD
At-Large Board Member
ROBERT LOWE
Ex-Officio Board Member
MARTY SANDERS
P & Z Regular Meeting Thursday, January 19, 2017 6:00 PM
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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.
P & Z Regular Meeting Thursday, January 19, 2017 6:00 PM
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1. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
C. Election of Officials
D. Announcements
i. Welcome New Members
E. Disclosure(s)
2. MINUTES
A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday,
November 17, 2016
3. PUBLIC COMMENT
4. PUBLIC HEARINGS
A. Resolution - Rocket Fuel 4 Corp Conditional Use Permit for Retail Sale of Undistilled Alcoholic
Beverages
Staff recommends the petition be forwarded to the Board of County Commissioners with a
recommendation of approval.
B. Resolution - Rocket Fuel 4 Corp Conditional Use Permit for Gasoline Services
Staff recommends the petition be forwarded to the Board of County Commissioners with a
recommendation of approval.
C. Ordinance - Agricultural Labor Housing / Farmworker Housing Text Amendment
Staff recommends that the petition be forwarded to the Board of County Commissioners with a
recommendation of approval.
D. Postponement on the Placement of Medical Marijuana Dispensary Facilities
Staff recommends the Local Planning Agency forward the draft ordinance to the Board of
County Commissioners with a recommendation of approval.
5. WORKSHOPS
P & Z Regular Meeting Thursday, January 19, 2017 6:00 PM
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A. There are no items scheduled.
6. OTHER BUSINESS
A. Approval of the 2017 Planning & Zoning Commission Meeting Schedule.
7. ADJOURN
NOTICE: All proceedings before the Planning and Zoning Commission / Local Planning Agency of St. Lucie County, Florida, are
electronically recorded. If a person decides to appeal any recommendation made by the Planning and Zoning Commission /
Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the
proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, by hiring
their own court reporter at their own expense, to create a record that includes the testimony and evidence upon which the
appeal is based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in.
Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon
request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk
Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about
this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822.
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ST. LUCIE COUNTY PLANNING & ZONING COMMISSION
ST. LUCIE COUNTY, FLORIDA
P & Z Regular Meeting
November 17, 2016 Convened: 6:00 PM
Adjourned: 7:07 PM
1. CALL TO ORDER
The meeting was called to order at 6:00 PM by Chair Stephanie Morgan
A. Pledge of Allegiance
Attendee Name Title Status Arrived
Stephanie Morgan Chair Present
Bobby Hopkins Vice Chair Present
Edward Lounds Board Member Present
James Clasby At-Large Board Member Absent
William O'Dell Board Member Absent
William Smith Board Member Present
Charles Grande Board Member Present
Robert Lowe At-Large Board Member Present
James Taylor At-Large Board Member Late 6:04 PM
Marty Sanders Ex-Officio Board Member Present
C. Announcements
NONE
D. Disclosure(s)
Mr. Lowe stated he spoke with the representative regarding agenda item 4a.
Chair Morgan stated she spoke with Dennis Murphy, the applicant's representative.
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P & Z Regular Meeting Thursday, November 17, 2016 6:00 PM
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2. MINUTES
NOTE: My Taylor was not present at the time the minutes were approved.
A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, October
20, 2016
RESULT: ACCEPTED [6 TO 0]
MOVER: Edward Lounds, Board Member
SECONDER: Robert Lowe, At-Large Board Member
AYES: Morgan, Hopkins, Lounds, Smith, Grande, Lowe
ABSENT: James Clasby, William O'Dell
AWAY: James Taylor
3. PUBLIC COMMENT
NONE
4. PUBLIC HEARINGS
A. Resolution - Preliminary Planned Unit Development (PUD) Site Plan and Zoning Atlas
Amendment (Rezoning), Round Island Plantation
Jeff Johnson Senior Planner presented a request for a Zoning Atlas Amendment or Rezoning
and Preliminary Planned Unit Development Site Plan for the project to be known as Round
Island Plantation PUD - A single family residential community consisting of 25 lots on 41.6 acres
of land located west of State Road A-1A and south of the Indian River County line. Round Island
Plantation received Minor Site Plan approval through GM Order 06-021 back on August 23,
2006 for a total of 38 residential condominium dwelling units on approximately 43.34 acres of
land (25 units on the west side and 13 units on the east side of SR A1A, with access to 6
additional units located in Indian River County) and a recreational swimming pool amenity.
SBM Associates, LLC has filed two development petitions, an Amendment to the Official Zoning
Atlas (Rezoning) from HIRD (Hutchinson Island Residential District) to PUD (Planned Unit
Development) and a Preliminary PUD Site Plan to modify the western 41.6 acre portion of the
project only. This change creates a new site plan to be known as Round Island Plantation PUD
and converts the 25 condominium units into 25 fee simple single family residential lots. These
lots are similar to the layout and design that was previously approved with lots ranging in size
from 5,327 to 7,100 s.f. Infrastructure (roads) improvements have been installed but
construction has not yet been accepted by the County Engineering Division.
The eastern portion of the Round Island Plantation Minor Site Plan is expected to remain as
originally approved with 13 condominium dwelling units by filing a petition for a Minor Site
Plan Adjustment that will delete the portion of the project on the west side of SR A-1A. The
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P & Z Regular Meeting Thursday, November 17, 2016 6:00 PM
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eastern portion includes the recreational amenity (swimming pool) which is proposed to be
shared by residents on both sides of SR A-1A. Pedestrian access to this amenity and the beach
is provided by an existing underground tunnel. A condition of approval requires that a
pedestrian access easement be recorded on the eastern parcel of land.
The Planned Unit Development Site Plan request is needed in order to seek dimensional relief
from the minimum 8,000 s.f. lot size requirement and minimum building setbacks. The
proposed zoning and uses would result in an orderly and logical pattern in the nearby vicinity
which consists of single family residences and will allow for the developers of the project to
complete the fee simple transfer of home sites to future buyers in this community as opposed
to maintaining the condominium style development that was previously approved.
The County has coordinated this review of this proposed site plan with Indian River County
Planning. The 6 single family residential lots that are proposed in their County will need to be
re-approved by their Planning and Zoning Commission through the preliminary plat process and
are required to comply with the 12,000 s.f. minimum lot size requirement in their RS-3 zoning
district. These 6 lots will be served by St. Lucie County Utilities water and wastewater service.
The development petitions are only for the property on the west side of State Road A1A….and
simply involve the change of previous approved condominium style units to fee simple lots with
single family homes.
Staff recommends that the Planning and Zoning Commission forward a recommendation of
approval to the Board of County Commissioners authorizing an Amendment to the Official
Zoning Atlas from HIRD (Hutchinson Island Residential District) to PUD (Planned Unit
Development) and Preliminary PUD Site Plan for the project to be known as Round Island
Plantation PUD subject to conditions of approval in the Resolution.
The Commission discussed acreage, setbacks, lot coverage reduction/increases; water & sewer
and conditions of approval. Water retention & wetlands were also discussed.
Dennis Murphy of Culpepper and Terpening, the agent for the applicant discussed mosquito
control, access to ocean; A1A tunnel, egree/ingress and property owners associations.
Public Hearing Open
Several property owners from Indian River County spoke in opposition of the project.
Public Hearing Closed
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P & Z Regular Meeting Thursday, November 17, 2016 6:00 PM
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RESULT: APPROVED [UNANIMOUS]
MOVER: Edward Lounds, Board Member
SECONDER: William Smith, Board Member
AYES: Morgan, Hopkins, Lounds, Smith, Grande, Lowe, Taylor
ABSENT: James Clasby, William O'Dell
5. OTHER BUSINESS
A. The Commission agreed to have the next meeting in January, 2017.
6. ADJOURN
There being no further business to be brought before the Board, the meeting was adjourned.
Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the
Circuit Court and available for inspection upon request.
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ITEM NO. (ID # 4057)
DATE: 01/19/2017
AGENDA REQUEST *PUBLIC HEARINGS
QUASI-JUDICIAL
BACKGROUND:
The applicant, Rocket Fuel 4 Corp, is requesting a Conditional Use Permit to allow the retail trade of
undistilled alcoholic beverages as an accessory use to the existing convenience food store within the CN
(Commercial, Neighborhood) Zoning District. The subject property is located at the southwest corner of
Indrio Road and Kings Highway (7301 Indrio Road). The retail sale of undistilled alcoholic beverages
requires a conditional use permit in the underlying CN Zoning District as per Land Development Code,
Section 3.01.03(Q)(7)(d)(2). Please see attached staff report for a detailed analysis.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the petition be forwarded to the Board of County Commissioners with a
recommendation of approval.
COMMISSION ACTION:
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Linda Pendarvis, Planner
SUBMITTED BY: Planning Division
SUBJECT: Resolution - Rocket Fuel 4 Corp Conditional Use Permit for Retail Sale of
Undistilled Alcoholic Beverages
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Updated: 1/13/2017 4:56 PM by Sarah Smith Page 2
Coordination/Signatures
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Document Date January 19, 2017
Planning & Zoning Commission
Planning Division Agenda Item Summary
Applicant
Rocket Fuel 4 Corp
Henry Izquierdo
3440 SW 14th Street
Fort Lauderdale, FL 33312
305-586-9366
hizquierdo12@gmail.com
Project Location
7301 Indrio Road, Fort Pierce
Future Land Use
TVC (Town, Villages, and Country-
side)
Existing Zoning
CN (Commercial, Neighborhood)
Staff Recommendation
Forward a recommendation of ap-
proval to the Board of County
Commissioners to grant a Condi-
tional Use Permit to allow the retail
trade of undistilled alcoholic bever-
ages as accessory to the food
store in CN zoning district.
Project Manager
Linda Pendarvis
Comprehensive Planning Coordi-
nator
772.462.1562
pendarvisl@stlucieco.org
Rocket Fuel 4 Corp
Conditional Use Permit for
Undistilled Alcoholic Beverages
Project Description
The property owner, Henry Izquierdo
is requesting a Conditional Use Per-
mit to allow for the following:
Retail trade: Undistilled alcoholic
beverages accessory to retail sale of
food.
within the CN Zoning District to be
located at 7301 Indrio Road.
The County records indicate the pre-
vious retail trade of undistilled alco-
holic beverages was abandoned on
July 27, 2009. A Conditional Use
Permit is required due to the discon-
tinued use of the retail trade of un-
distilled alcoholic beverages for a
period of twelve consecutive months.
Previous Action
Please see the Background section
of staff’s memorandum for previous
action.
Notice Requirements
Public hearing notice was placed in
the St. Lucie News Tribune, letters
sent to property owners within 500
feet of the subject property, and a
sign was placed on the property.
Public Comment Received
January 4, 2017, twenty-one public
notices were sent to adjacent prop-
erty owners.
Further details are found in the staff
memorandum.
Hearing Date
January 19, 2017
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Planning and Development Services
Planning Division
M E M O R A N D U M
TO: Planning and Zoning Commission
THROUGH: Bonnie C. Landry, Planning Manager
FROM: Linda Pendarvis, Comprehensive Planning Coordinator
DATE: January 19, 2017
SUBJECT: Rocket Fuel 4 Corp – Conditional Use Permit for Undistilled Alcoholic Beverages
ITEM NO: 4057
Project Description
The proprietor of Rocket Fuel 4 Corp, Henry Izquierdo, has applied for the requested Conditional
Use Permits to allow the retail sale of undistilled alcoholic beverages as an accessory use to the
food store within the CN (Commercial, Neighborhood) Zoning District.
The following use is designated as a Conditional Use within the CN zoning district since the
adoption of Ordinance No. 99-015 in the Land Development Code.
Retail trade:
Undistilled alcoholic beverages accessory to retail sale of food.
General Information
Applicant/Owner: Rocket Fuel 4 Corp
Henry Izquierdo
3440 SW 14th Street
Fort Lauderdale, FL 33312
Location: 7301 Indrio Road, Fort Pierce, FL
Parcel Number: 1314-411-0001-000/6
Parcel Size: 0.46 acres
Existing Uses: Convenience Store
Proposed Use(s): Retail sale of undistilled alcoholic beverages as accessory to the
retail sale of food.
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Conditional Use Permit – CU 1020165073
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Urban Service Boundary: Inside
Existing Land Use and Zoning:
Future Land Use Zoning Existing Land Use
TVC (Town, Villages and
Countryside)
CN (Commercial,
Neighborhood)
Convenience Store
Surrounding Land Use and Zoning:
Future Land Use Zoning Existing Land Use
North COM (Commercial) CN (Commercial,
Neighborhood)
Vacant land, McDonald’s,
and Indrio Shopping Plaza
South TVC (Town, Villages
and Countryside)
AG-1 (Agricultural – 1
du/ac)
Vacant land
East TVC (Town, Villages
and Countryside)
CG (Commercial,
General)
CVS Drug Store
West TVC (Town, Villages
and Countryside)
CN (Commercial,
Neighborhood)
Indrio Plaza
Background
Pursuant to Land Development Code Section 11.07.00-Conditional Uses allows for a legally
conforming use that exists on the effective date of the current Code and withstanding no further
action to be considered a conforming use. However, if a Conditional Use ceases to be in effect
for any reason for a period of twelve consecutive months such use shall become null and void.
July 20, 1982, the Board of County Commissioners approved a site plan for Indrio Plaza that
included the subject property and the adjacent property to the west consisting of 7,180 square
feet of building area and 29 parking spaces.
January 28, 1991 the Planning and Development Services Director approved an adjustment to
the Indrio Plaza Site Plan to the permit retail sale of gasoline. The adopted August 1, 1990 Code
permitted gasoline services and undistilled alcoholic beverages as accessory uses to retail sale
of food in the CN Zoning District.
June 17, 1994, Mutual Cross Access and Parking Easement was recorded in public records in
OR Book 906, Page 973. This allowed a shared parking and access for this business and the
attached parcel to the west.
March 7, 1995, the Planning and Development Services Director approved an adjustment for a
lot split creating Parcel A and Parcel B subject to the shared access and parking agreement.
June 20, 1999, the Board of County Commissioners approved the amendment to Section
3.01.03(Q), CN (Commercial, Neighborhood) Zoning District by amending the list of Permitted,
conditional and accessory uses. Ordinance No. 99.015 removed gasoline services and undistilled
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Conditional Use Permit – CU 1020165073
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Page 3
alcoholic beverages as accessory uses to the retail food store and made these uses a conditional
use in the CN Zoning District.
July 27, 2009, the Business Tax License for Family Wholesalers & Distributors, LLC to operate
the business for the retail sale of food with gas station and beer and wine as accessory uses was
closed.
This Conditional Use Permit approval is required due to the discontinued retail sale of undistilled
alcoholic beverages in the CN Zoning District for a period of twelve consecutive months.
STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.07.03, ST. LUCIE COUNTY LDC
Section 11.07.03, Conditional Use Permits Standards of Review establishes the criteria that shall
be reviewed prior to the issuance of a Conditional Use Permit. The applicant shall demonstrate
the following:
A. CONSISTENCY WITH LAND DEVELOPMENT CODE AND COMPREHENSIVE PLAN
The Rocket Fuel 4 Corp Conditional Use Permit is consistent with the general purpose, goals,
objectives and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code
and Compiled Laws of St. Lucie County. The proposed retail trade of undistilled alcoholic
beverages as accessory to the food store complies with all additional standards imposed on it by
the particular provisions of this Code authorizing such uses and any other requirement of the
Code and Compiled Laws of St. Lucie County.
B. EFFECT ON ADJACENT PROPERTIES
Uses that are designated as a Conditional Use are generally compatible with the use
characteristic of the zoning district however require individual review of their location, design,
intensity, configuration, and public facility impact in order to determine the appropriateness on the
particular site. January 28, 1991 the Planning and Development Services Director made the
determination that the retail trade of gasoline services would be compatible with adjacent uses.
This proposed Conditional Use Permit for the retail trade of undistilled alcoholic beverages will
not have an undue adverse effect upon the nearby properties or the existing commercial character
of the neighborhood. Staff implemented conditions of approval to assure the landscaping and
screening of the subject project will be brought into compliance with the approved site plan. These
conditions will need to be completed within 60 days of the BOCC approval.
C. ADEQUACY OF PUBLIC FACILITIES
The proposed use is not expected to create significant additional demands on any public facilities
in this area. The subject property is located inside the urban service boundary where adequate
public services are provided.
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Water/Wastewater
The subject property is currently served by Fort Pierce Utility Authority water and has an on-site
septic tank to dispose waste. The wastewater service is regulated by the St. Lucie County Health
Department.
Transportation System
The subject property is located on the southwest corner of Indrio Road and Kings Highway. The
access to the gas station is from Indrio Road, a two lane state roadway. Florida Department of
Transportation (FDOT) is currently working on widening this roadway to four lanes. The proposed
FDOT improvements at this intersection, Indrio Road and Kings Highway, will improve capacity
and increase safety.
D. ADEQUACY OF FIRE PROTECTION
The St. Lucie County Fire District, Station #7 Lakewood Park, is located approximately 0.5 west
of the subject property.
E. ENVIRONMENTAL IMPACT
The Environmental Resources Department (ERD) is in receipt of the October 18, 2016 Planning
and Development Services’ date-stamped submittal. The applicant is seeking a Conditional Use
Permit in order to continue the operation of gasoline services and retail sale of undistilled alcoholic
beverages, as an accessory to the food store. The Conditional Use Permit is required due to the
discontinued retail sale of gasoline services and undistilled alcoholic beverages in the Commercial
Neighborhood (CN) Zoning District for a period of 12 consecutive months. The 0.46-acre parcel
is located on the southwest corner of Indrio Road and Kings Highway. The site is currently
developed as a convenience store and fueling station, with associated parking and landscaping.
Findings:
ERD’s evaluation finds no negative environmental impacts with the proposed Conditional Use
Permit. A condition of approval shall require onsite landscaping be brought into compliance with
the existing approved landscape plan associated with the Indrio Plaza Site Plan dated 5/10/1994
and prepared by Armas Isenhower & Associates, Landscape Architects.
Conditions of Approval:
1) Within 60 days of Conditional Use Approval, the applicant shall install landscaping where not
in compliance with the approved landscape plan, dated 5/10/1994 prepared by Armas
Isenhower & Associates, Landscape Architects.
2) The issuance of County development permit does not in any way create any rights on the part
of the applicant to obtain a permit from a state or federal agency and does not create any
liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a violation
of state or federal law.
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3) All other applicable state or federal permits must be obtained before commencement of the
development.
Findings and Recommendation
Staff finds that, with the conditions of approval as drafted, this petition meets the standards of
review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is
not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan.
Staff recommends that the Planning and Zoning Commission forward a recommendation of
approval for this petition to the Board of County Commissioners, subject to the conditions set forth
in the Draft Resolution.
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Conditional Use Permit – CU 1020165073
Rocket Fuel 4, Corp
January 19, 2017
Page 6
Suggested motion to recommend approval/denial of this requested conditional uses.
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 11.07.03, 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 ADOPT A RESOLUTION GRANTING
APPROVAL TO THE PETITION OF ROCKET FUEL 4 CORP FOR THE CONDITIONAL USE
PERMIT TO ALLOW THE RETAIL TRADE OF UNDISTILLED ALCOHOLIC BEVERAGES
ACCESSORY TO THE RETAIL SALE OF FOOD
WITHIN THE COMMERCIAL, NEIGHBORHOOD ZONING DISTRICT, BECAUSE... [LIST
CONDITION(S)]
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.07.03, 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 ADOPT A RESOLUTION DENYING THE
PETITION OF ROCKET FUEL 4 CORP FOR THE CONDITIONAL USE PERMIT TO ALLOW
THE RETAIL TRADE OF UNDISTILLED ALCOHOLIC BEVERAGES ACCESSORY TO
THE RETAIL SALE OF FOOD
WITHIN THE COMMERCIAL, NEIGHBORHOOD ZONING DISTRICT ZONING DISTRICT,
BECAUSE… [CITE REASON(S) WHY - PLEASE BE SPECIFIC]
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March 7, 2017 Draft Res. TBD
File No. CU 1020165073
RESOLUTION 2017-TBD 1
CU 1020165073 2
3
A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY 4
COMMISSIONERS GRANTING ROCKET FUEL 4 CORP A 5
CONDITIONAL USE PERMIT TO ALLOW THE RETAIL TRADE OF 6
UNDISTILLED ALCOHOLIC BEVERAGES AS ACCESSORY TO THE 7
FOOD STORE IN THE CN (COMMERICAL, NEIGHBORHOOD) 8
ZONING DISTRICT FOR PROPERTY LOCATED AT 7301 INDRIO 9
ROAD IN ST. LUCIE COUNTY, FLORIDA. 10
11
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 12
testimony and evidence, including but not limited to the staff report, has made the following 13
determinations: 14
15
1. Henry Izquierdo presented a petition for a Conditional Use Permit to allow the retail 16
sale of undistilled alcoholic beverages as accessory to the food store in the CN 17
(Commercial, Neighborhood) Zoning District for the property located at 7301 Indrio 18
Road, as described in Part B below and depicted in Exhibit “A”. 19
20
2. On July 20, 1982, the St. Lucie County Board of County Commissioners approved the 21
petition for a site plan to be known as Indrio Plaza. 22
23
3. On January 28, 1991, the Planning and Development Services Director approved an 24
adjustment to the Indrio Plaza Site Plan to permit retail sale of gasoline services. 25
26
4. On June 20, 1999, through Ordinance 99-015, the St. Lucie County Board of County 27
Commissioners approved the transfer of the Retail trade of undistilled alcoholic 28
beverages accessory to the retail sale of food from the accessory use to the 29
conditional use in the CN (Commercial, Neighborhood) Zoning District, resulting in the 30
subject conditional use classification. 31
32
5. On January 19, 2017, the Planning and Zoning Commission held a public hearing on 33
the petition, after publishing notice at least 10 days prior to the hearing and notifying 34
by mail all owners of property within 500 feet of the subject property, and 35
recommended that the Board of County Commissioners approve/deny this conditional 36
use permit. 37
38
6. On March 7, 2017, the St. Lucie Board of County Commissioners held a public hearing 39
on this petition, after publishing a notice of such hearing and notifying by mail all 40
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March 7, 2017 Draft Res. TBD
File No. CU 1020165073
owners of property within 500 feet of the subject property. 1
2
7. The proposed Conditional Use is consistent with the goals, objectives, and policies of 3
the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 4
11.07.03 of the St. Lucie County Land Development Code. 5
6
8. The proposed conditional use will not have an undue adverse effect on adjacent 7
property, the character of the neighborhood, traffic conditions, parking, utility 8
facilities, or other matters affecting the public health, safety and general welfare. 9
10
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 11
County, Florida: 12
13
A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, the 14
Conditional Use for Rocket Fuel 4 Corp to allow the Retail trade of undistilled alcoholic 15
beverages as accessory to the retail food store in the CN (Commercial, Neighborhood) 16
Zoning District is hereby granted for the property described in Part B, subject to the 17
following condition: 18
19
1) Within 60 days of Conditional Use Approval, the applicant shall install landscaping 20
where not in compliance with the approved landscape plan, dated 5/10/1994 21
prepared by Armas Isenhower & Associates, Landscape Architects. 22
23
2) The issuance of County development permit does not in any way create any rights on 24
the part of the applicant to obtain a permit from a state or federal agency and does 25
not create any liability on the part of the County if the applicant fails to obtain 26
requisite approvals or fulfill the obligations imposed by a state or federal agency or 27
undertakes actions that result in a violation of state or federal law. 28
29
3) All other applicable state or federal permits must be obtained before 30
commencement of the development. 31
32
B. The property on which this Conditional Use Permit is being granted is described as 33
follows: 34
35
The South 200.00 feet of the North 220 feet of the West 100.00 feet of the East 180.00 36
feet of the South ½ of Section 14, Township 34 South, Range 39 East, St. Lucie County, 37
Florida. 38
39
Parcel ID Number: 1314-411-0001-000/6 40
41
C. This Conditional Use Permit shall expire on March 7, 2018, unless the developer has 42
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March 7, 2017 Draft Res. TBD
File No. CU 1020165073
obtained a building permit or zoning compliance approval for the uses described in Part 1
A above, or an extension has been granted in accordance with Section 11.07.05(F), St. 2
Lucie County Land Development Code. 3
4
D. The approvals and authorizations granted by this Resolution are for the purpose of 5
obtaining a building permit or zoning compliance from St. Lucie County, and are not 6
assigned to any other party or institution. Should the applicant choose or decide to 7
assign this business to another entity or individual, an adjustment to the conditional use 8
permit shall be required. 9
10
E. The Certificate of Capacity granted by the Planning and Development Services Director 11
on March 7, 2017 shall remain valid for the period of this development order. If this 12
order expires or otherwise terminates, the certificate of capacity shall automatically 13
terminate. 14
15
F. The St. Lucie County Planning and Development Services Director is hereby authorized 16
and directed to cause the notation of this resolution to be made on the Official Zoning 17
Map of St. Lucie County, Florida, and to make notation of reference to the date of 18
adoption of this resolution. 19
20
G. This order shall be recorded in the Public Records of St. Lucie County. 21
22
After motion and second, the vote on this resolution was as follows: 23
24
Chris Dzadovsky, Chairman XXX 25
26
Tod Mowery, Vice-Chairman XXX 27
28
Commissioner Linda Bartz XXX 29
30
Commissioner Frannie Hutchinson XXX 31
32
Commissioner Cathy Townsend XXX 33
34
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File No. CU 1020165073
1
PASSED AND DULY ADOPTED this 7th day of March, 2017. 2
3
BOARD OF COUNTY COMMISSIONERS 4
ST. LUCIE COUNTY, FLORIDA 5
6
7
_______________________________ 8
BY CHAIRMAN 9
10
ATTEST: APPROVED AS TO FORM 11
AND CORRECTNESS: 12
13
14
____________________ _______________________________ 15
DEPUTY CLERK COUNTY ATTORNEY 16
17
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March 7, 2017 Draft Res. TBD
File No. CU 1020165073
Exhibit A 1
2
3
4
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7
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Page 1
11.07.00. - CONDITIONAL USES
11.07.01. - General Provisions.
A. Purpose. The purpose of this section is to provide for uses that are generally compatible with the use
characteristics of a zoning district, but which require individual review of their location, design, intensity,
configuration, and public facility impact in order to determine the appropriateness of the use on any
particular site in the district and their compatibility with adjacent uses. Conditional uses may require
the imposition of additional conditions to make the uses compatible in their specific contexts.
B. Authority. The Board of County Commissioners may, in accordance with the procedures, standards,
and limitations of this Code, grant conditional use permits for those uses enumerated in each of the
zoning districts in Section 3.01.00 of this Code.
C. Requirement for Four-Fifths Vote When Protest is Filed. In the case of a written protest against an
application for a Conditional Use Permit, signed by the owners of fifty percent (50%) or more of the
area within five hundred (500) feet of the property affected by the proposed action, such Conditional
Use Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of
County Commissioners. Publicly owned right-of-way, although included in calculating the distance of
five hundred (500) feet referred to in the previous sentence, shall not be included in determining the
total of the area lying within five hundred (500) feet of the property involved in such proposed permit
application and the percentages referred to.
11.07.02. - Persons Entitled to Initiate Applications.
An application for a conditional use may only be submitted by the owner or any other person having a
contractual interest in the parcel of land proposed for conditional use.
11.07.03. - Standards for Review of Conditional Use Permits.
A conditional use permit shall be granted only if the applicant demonstrates the following:
A. Consistency With Local Code and Comprehensive Plan. The proposed conditional use is in
compliance with all requirements, and is consistent with the general purpose, goals, objectives, and
standards of this Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St.
Lucie County; and is in compliance with all additional standards imposed on it by the particular
provisions of this Code authorizing such use.
B. Effect on Adjacent Properties.
1. The proposed conditional use will not have an undue adverse effect upon nearby property.
2. The proposed conditional use is compatible with the existing or planned character of the
neighborhood in which it would be located.
3. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional
use on the immediate vicinity through building design, site design, landscaping, and screening.
4. The proposed conditional use will be constructed, arranged, and operated so as not to interfere
with the development and use of neighboring property, in accordance with applicable district
regulations.
C. Adequacy of Public Facilities. The proposed conditional use will be served by adequate public facilities
and services, including roads, police protection, fire protection, solid waste disposal, water, sewer,
drainage structures, parks and mass transit.
D. Adequacy of Fire Protection. The applicant for the proposed conditional use has obtained from the St.
Lucie County - Fort Pierce Fire Prevention Bureau written confirmation, or has otherwise demonstrated
by substantial credible evidence, that water supply, evacuation facilities, and emergency access are
satisfactory to provide adequate fire protection.
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E. Environmental Impact. For developments required to provide an environmental impact report under
Section 11.02.09(A)(5), the proposed conditional use will not contravene any applicable provision of
the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the
St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and
Associates, Inc. (August 1982).
11.07.04. - Conditions on Conditional Use Permits.
The Board of County Commissioners shall attach such conditions, limitations, and requirements to a
conditional use permit as are necessary to effectuate the purposes of Section 11.07.01; to carry out the
spirit and purpose of this Code and the St. Lucie County Comprehensive Plan; and to prevent or minimize
adverse effects upon other property in the neighborhood, including but not limited to limitations on size,
intensity of use, bulk and location, landscaping, lighting, the provision of adequate ingress and egress,
duration of the permit, and hours of operation. Such conditions shall be set forth expressly in the resolution
granting the conditional use permit.
A. Traffic Control Devices. Whenever, as the result of traffic generated by a proposed conditional
use, it is determined, based on the Manual on Uniform Traffic Control Devices, that there is a
need to install traffic control devices (including traffic signals, signing, and pavement markings),
the conditional use permit shall not be granted except upon the condition that the applicant be
responsible for installing all said devices and signs, or making an equitable contribution toward
such installation.
B. Access Improvements. A conditional use permit shall not be granted except upon the condition
that the applicant provide the access (ingress and egress) improvements determined to be
necessary as a result of traffic generated by the development.
C. Projects Requiring Other Regulatory Approval.
1. For proposed conditional uses requiring any permit from the United States Army Corps of
Engineers, the Florida Department of Environmental Regulation, the Florida Department of
Natural Resources, or any other state or federal regulatory authority, the Board of County
Commissioners shall not grant unconditionally a conditional use permit until it has received
from such agency notice of either issuance of or intent to issue the required regulatory permit.
2. The Board of County Commissioners may grant a conditional use permit contingent upon
receiving notice of either issuance of or intent to issue any required regulatory permit if it can
make, on a tentative basis and subject to confirmation, the findings required in Section
11.07.03(E). A conditional use permit granted contingent upon receiving notice of either
issuance of or intent to issue any required regulatory permit shall not preclude the Board of
County Commissioners, after reviewing the regulatory permit application and other
information, from revoking such contingent grant of a conditional use permit based solely
upon an inability to confirm the findings required in Section 11.07.03(E) or from protesting
the regulatory permit application.
D. Reduction In Maximum Residential Density. The Board of County Commissioners shall require a
reduction from the maximum residential density permitted in the zoning district in which a
conditional use is to be located when such allowable maximum residential density:
1. Would impose an excessive burden, as determined by recognized engineering or other
professional standards, on public facilities that would serve the proposed conditional use; or
2. Would contravene any applicable provision of the St. Lucie County Comprehensive Plan, or
of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study
Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August,
1982).
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11.07.05. - Application Procedures.
A. Pre-Application Conference. An application for conditional use is initiated by requesting in writing a
pre-application conference with the Growth Management Director. The request shall include a
description of the character, location and magnitude of the proposed conditional use, together with a
proposed timetable for development. The purpose of this meeting is to acquaint the applicant with the
requirements of this Code and the views and concerns of the County when positions are flexible. Within
twenty (20) days of the request, the Growth Management Director shall schedule a pre-application
conference with the applicant and other relevant County departments.
B. Filing Application for Conditional Use Permit.
1. Filing. After the pre-application conference, an applicant for a conditional use permit shall submit
an application to the Growth Management Director accompanied by a non-refundable fee as
established from time to time by the Board of County Commissioners to defray the actual cost of
processing the application. If, in accordance with Section 3.01.00, the specific conditional use
applied for requires site plan approval, the applicant shall submit a site plan meeting the
requirements of Section 11.03.00 of this Code. If, in accordance with Section 3.01.00, the specific
conditional use applied for does not require site plan approval, the applicant shall submit a written
statement of proposed use including, but not limited to, the nature of the use and the proposed
improvements to the site. Conditional use applications shall include a site plan if the proposed
use would be located in whole or in part in a one hundred (100) year floodplain or on North or
South Hutchinson Island. Applications for conditional use approval shall include such other
information or documentation as the Director deems necessary for the full and proper
consideration and disposition of the application.
2. Review by Growth Management Director.
a. Within twenty (20) days after an application for conditional use approval is submitted, the
Growth Management Director shall determine whether the application is complete. If the
Director determines that the application is not complete, he shall send a written statement
specifying the deficiencies to the applicant by mail. The Director shall take no further action
on the application unless the deficiencies are remedied.
b. Within thirty (30) days after the Growth Management Director determines that an application
for conditional use permit is complete, the Director shall review the application, make a
report, and notify the Planning and Zoning Commission that the application is ready to
review.
C. Hearing and Action by Planning and Zoning Commission.
1. Hearing. Upon notification that the application for a conditional use permit is ready for review, the
Planning and Zoning Commission shall place it on the next regularly scheduled agenda for public
hearing in accordance with the provisions of Section 11.00.03. The public hearing held on the
application for conditional use shall be in accordance with Section 11.00.04.
2. Review. In reviewing the conditional use application, the Planning and Zoning Commission shall
consider the report of the Growth Management Director; shall determine whether the proposed
use meets the standards in Sections 11.07.03, 11.07.04, and 3.01.00 for conditional uses; and
shall determine whether the proposed use meets all other provisions of this Code, the St. Lucie
County Comprehensive Plan, and any other applicable County Ordinance. The Planning and
Zoning Commission may recommend certain conditions be met before approval of the application.
3. Recommendation. Within a reasonable time of the conclusion of the public hearing, not to exceed
thirty (30) days, the Planning and Zoning Commission shall make a recommendation to approve,
approve with conditions, or deny the application.
D. Hearing and Action by Board of County Commissioners.
1. Hearing. Upon notification of the recommendation of the Planning and Zoning Commission, the
Board of County Commissioners shall place the conditional use application on the next regularly
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Page 4
scheduled agenda for a public hearing in accordance with the requirements of Section 11.00.03.
The public hearing on the application shall be held in accordance with Section 11.00.04.
2. Review. In reviewing the application, the Board of County Commissioners shall consider the
report of the Growth Management Director and the recommendation of the Planning and Zoning
Commission; shall determine whether the proposed use meets the standards in Sections
11.07.03, 11.07.04, and 3.01.00 for conditional uses; and shall determine whether the proposed
use meets all other provisions of this Code, the St. Lucie County Comprehensive Plan, and any
other applicable County Ordinance. The Board may require certain conditions be met before
approval of the application.
3. Action. Within a reasonable time of the conclusion of the public hearing, not to exceed thirty (30)
days, the Board of County Commissioners shall approve, approve with conditions, or deny the
application for conditional use permit in accordance with Section 11.00.04(E). The decision on
the application shall be by resolution setting forth the findings of the Board of County
Commissioners and any condition, limitation, or requirement of such decision.
4. Notice of Action. Notification of the Board of County Commissioners' decision shall be mailed to
all parties, and the decision shall be filed with the Office of the Growth Management Director in
accordance with Section 11.00.04(F).
E. Development and Adjustment of an Approved or Existing Conditional Use.
1. Effect of Issuance of Conditional Use Permit. The issuance of a conditional use permit shall only
constitute approval of the proposed use, and development of the use shall not be carried out until
the applicant has secured all other permits and approvals required.
2. Adjustments to an Approved or Existing Conditional Use. Adjustments to a conditional use may
be permitted as follows:
a. Minor Adjustments - The Growth Management Director shall authorize minor adjustments to
a conditional use. Such minor adjustments shall be consistent with the intent and purpose of
the St. Lucie County Comprehensive Plan, this Code, the conditional use as approved or
existing, and shall be the minimum necessary. Such minor adjustments shall be limited to
the following:
1. altering the bulk of any one (1) structure by not more than twenty-five percent (25%);
or,
2 altering the location of any one (1) structure or group of structures by not more than ten
(10) feet; or,
3. altering the location of any circulation element by not more than ten (10) feet; or,
4. altering the location of any open space by not more than ten (10) feet; or,
5. reducing the total amount of open space by not more than five percent (5%) or reducing
the yard area or open space associated with any single structure by not more than five
percent (5%); or,
6. altering the location, type, or quality of landscaping elements; or,
7. change in project name or ownership of the property.
Notice of the authorization of such minor adjustments shall be provided to the Board of
County Commissioners.
b. Major Adjustments in Substantial Conformity.
1. Any other adjustment to a conditional use shall be a major adjustment and shall be
granted only upon application to and approval by the Board of County Commissioners,
which shall grant approval for such other adjustment after a public hearing upon finding
that any proposed change in the conditional use as approved or existing will be in
substantial conformity with the original approval or the existing conditional use. The
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Board of County Commissioners shall place the application for major adjustment on the
agenda of a regularly scheduled meeting for a public hearing in accordance with the
requirements of Section 11.00.03. The public hearing on the application shall be held
in accordance with Section 11.00.04.
2. If the Board of County Commissioners determines that the major adjustment is not in
substantial conformity with the original approval or the existing conditional use, then it
shall deny the application for adjustment. Such denial shall not preclude development
of an approved conditional use.
3. Inspections During Development of an Approved Conditional Use
a. Inspections by Growth Management Director. Following approval of a conditional
use, the Growth Management Director shall, at least annually until the completion
of development, review all permits issued and construction undertaken and
compare actual development with the approved conditional use and with the
approved development schedule, if applicable.
b. Action by Growth Management Director. If the Growth Management Director finds
that development is not proceeding in accordance with the approved schedule, or
that it fails in any other respect to comply with the approved conditional use, he
shall notify the Board of County Commissioners of such fact and may, if he finds it
necessary for the protection of the public health, safety, or welfare, take such
necessary action to stop such non-compliance.
c. Action by Board of County Commissioners. Within thirty (30) days following
notification by the Growth Management Director, the Board of County
Commissioners shall determine whether development of the conditional use is
proceeding in accordance with the approved conditional use. If the Board of
County Commissioners finds the development is not proceeding in accordance
with the approved conditional use, it shall either revoke the permit or take the
necessary action to compel compliance with the approved conditional use.
4. Inspections After Development.
a. Inspection by Growth Management Director. Following completion of the
development of a conditional use, the Growth Management Director shall review
the development as completed and determine if it complies with the approved
conditional use.
b. Action by Growth Management Director. If the Growth Management Director finds
that the development as completed fails in any respect to comply with the use as
approved, he shall immediately notify the Board of County Commissioners of such
fact.
c. Action by Board of County Commissioners. Within thirty (30) days following
notification by the Growth Management Director, the Board of County
Commissioners shall determine whether the completed conditional use fails in any
respect to follow the approved conditional use permit. If the Board of County
Commissioners finds the completed conditional use fails in any respect to follow
the approved conditional use, it shall either revoke the permit or take the necessary
action to compel compliance with the conditional use.
F. Extensions of Conditional Use Permits. The time limitations imposed on a conditional use permit by
Section 11.07.05(I) may be extended by the Board of County Commissioners not more than one (1)
time, and for not more than twenty-four (24) months, upon application by the applicant and after a
public hearing held in accordance with Section 11.00.04.
G. Existing Conditional Uses. A legally conforming use that exists on the effective date of this Code and
that is permitted as a conditional use in a zoning district in Section 3.01.03 of this Code shall not be
deemed a nonconforming use in that district, but shall without further action be considered a
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conforming use. A use existing prior to its present classification by this Code as a conditional use may
change in use or in lot area or may alter a structure only if the change or alteration conforms with the
requirements of Sections 11.07.05(E) and 3.01.03 for conditional uses. Such change or alteration may
be accomplished only pursuant to the standards and procedures established for the adjustment of a
conditional use as set forth in Section 11.07.05(E).
H. Revocation of Conditional Use Permit. In addition to any other penalty and remedy for violation of this
Code, it shall be a condition of every conditional use approval that such approval may be revoked for:
(1) Violation of any condition imposed upon such approval, and
(2) Upon complaint and proof of adverse effect on adjacent properties. The permit may be revoked
only after the Board of County Commissioners holds a public hearing in accordance with Section
11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides
written consent to the revocation to the Growth Management Director, the Director shall revoke
the permit and notify the Board of County Commissioners of the revocation.
I. Expiration of Conditional Use Permit. A conditional use permit shall be valid for the purposes of
securing a Building Permit or Certificate of Zoning Compliance for twelve (12) months from the date of
approval. Unless a Building Permit or Certificate of Zoning Compliance is secured within twelve (12)
months, and construction subsequently undertaken pursuant to such Building Permit, the conditional
use permit shall automatically expire unless the permit is extended upon application to the Board of
County Commissioners in accordance with Section 11.00.04.
J. Limitations on Approval for Conditional Uses. A conditional use permit shall be deemed to authorize
only the particular use for which it was issued and shall automatically expire and cease to be of any
force or effect if such use shall, for any reason, be discontinued for a period of twelve (12) consecutive
months.
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Q. CN COMMERCIAL, NEIGHBORHOOD.
1. Purpose. The purpose of this district is to provide and protect an environment suitable for limited
retail trade and service activities covering a relatively small area and that is intended to serve the
population living in surrounding neighborhoods. 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. Beauty and barber services. (723/724)
b. Membership organizations subject to the provisions of Section 7.10.31. (86)
c. Depository institutions. (60)
d. Laundering and dry cleaning (self service). (7215)
e. Real estate. (65)
f. Repair services:
(1) Electrical repair. (762)
(2) Shoe repairs. (725)
(3) Watch, clock, jewelry, and musical instrument repair. (7631)
g. Retail trade (each building shall be less than 6,000 square feet gross floor area, all uses
inclusive):
(1) Antiques. (5932)
(2) Apparel an accessories. (56)
(3) Books and stationery. (5942/5943)
(4) Cameras and photographic supplies. (5946)
(5) Drugs and proprietary. (5912)
(6) Eating places. (5812)
(7) Florists. (5992)
(8) Food stores. (54)
(9) Gifts, novelties, and souvenirs. (5947)
(10) Hobby, toy and game shops. (5945)
(11) Household appliances. (572)
(12) Jewelry. (5944)
(13) Newspapers and magazines. (5994)
(14) Optical goods. (5995)
(15) Nurseries, lawn and garden supplies. (526)
(16) Radios, TV's, consumer electronics and music supplies. (573)
(17) Sporting goods and bicycles. (5941)
(18) Tobacco products. (5993)
h. Video tape rental. (784)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00.
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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. Car washes (self service only) -subject to the provisions of Section 7.10.22. (999)
b. Day care - adult. (8322)
- child. (8351)
c. Postal services. (4311)
d. Retail trade:
(1) Gasoline services - accessory to retail food stores under SIC-5411. (999)
(2) Undistilled alcoholic beverages accessory to retail sale of food. (5921-Except for liquor)
e. 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. Drinking places (undistilled alcoholic beverages) accessory to an eating place. (999)
b. One dwelling unit contained within the commercial building, for on-site security purposes.
(999)
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ITEM NO. (ID # 3974)
DATE: 01/19/2017
AGENDA REQUEST *PUBLIC HEARINGS
QUASI-JUDICIAL
BACKGROUND:
The applicant, Rocket Fuel 4 Corp, is requesting a Conditional Use Permit to allow the continued operation
of the retail sale of gasoline services as an accessory use to the existing convenience food store within the
CN (Commercial, Neighborhood) Zoning District. The subject property is located at the southwest corner
of Indrio Road and Kings Highway (7301 Indrio Road). The retail sale of gasoline requires a conditional use
permit in the underlying CN Zoning District as per Land Development Code, Section 3.01.03(Q)(7)(d)(1).
Please see attached staff report for a detailed analysis.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the petition be forwarded to the Board of County Commissioners with a
recommendation of approval.
COMMISSION ACTION:
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Linda Pendarvis, Planner
SUBMITTED BY: Planning Division
SUBJECT: Resolution - Rocket Fuel 4 Corp Conditional Use Permit for Gasoline
Services
4.B
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Updated: 1/13/2017 4:58 PM by Sarah Smith Page 2
Coordination/Signatures
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Document Date January 19, 2017
Planning & Zoning Commission
Planning Division Agenda Item Summary
Applicant
Rocket Fuel 4 Corp
Henry Izquierdo
3440 SW 14th Street
Fort Lauderdale, FL 33312
305-586-9366
hizquierdo12@gmail.com
Project Location
7301 Indrio Road, Fort Pierce
Future Land Use
TVC (Town, Villages, and Country-
side)
Existing Zoning
CN (Commercial, Neighborhood)
Staff Recommendation
Forward a recommendation of ap-
proval to the Board of County
Commissioners to grant a Condi-
tional Use Permit to allow the retail
trade of gasoline services as ac-
cessory to the food store in CN
zoning district.
Project Manager
Linda Pendarvis
Comprehensive Planning Coordi-
nator
772.462.1562
pendarvisl@stlucieco.org
Rocket Fuel 4 Corp
Conditional Use Permit for
Gasoline Services
Project Description
The property owner, Henry Izquierdo
is requesting a Conditional Use Per-
mit to allow for the following:
Retail trade:
(1) Gasoline services – accessory to
retail food stores under SIC 5411
within the CN Zoning District to be
located at 7301 Indrio Road.
The County records indicate the pre-
vious retail trade of gasoline services
was abandoned on July 27, 2009. A
Conditional Use Permit is required
due to the discontinued use of the
retail trade of gasoline services for a
period of twelve consecutive months.
Previous Action
Please see the Background section
of staff’s memorandum for previous
action.
Notice Requirements
Public hearing notice was placed in
the St. Lucie News Tribune, letters
sent to property owners within 500
feet of the subject property, and a
sign placed on the property.
Public Comment Received
January 4, 2017, twenty-one public
notices were sent to adjacent prop-
erty owners.
Further details are found in the staff
memorandum.
Hearing Date
January 19, 2017
4.B.a
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Planning and Development Services
Planning Division
M E M O R A N D U M
TO: Planning and Zoning Commission
THROUGH: Bonnie C. Landry, Planning Manager
FROM: Linda Pendarvis, Comprehensive Planning Coordinator
DATE: January 19, 2017
SUBJECT: Rocket Fuel 4 Corp – Conditional Use Permit for Gasoline Services
ITEM NO: 3974
Project Description
The proprietor of Rocket Fuel 4 Corp, Henry Izquierdo, has applied for the requested Conditional
Use Permit to allow the continued operation of gasoline services as an accessory use to the food
store within the CN (Commercial, Neighborhood) Zoning District.
The following use is designated as a Conditional Use within the CN zoning district since the
adoption of Ordinance No. 99-015 in the Land Development Code.
Retail trade:
(1) Gasoline services – accessory to retail food stores under SIC 5411.
General Information
Applicant/Owner: Rocket Fuel 4 Corp
Henry Izquierdo
3440 SW 14th Street
Fort Lauderdale, FL 33312
Location: 7301 Indrio Road, Fort Pierce, FL
Parcel Number: 1314-411-0001-000/6
Parcel Size: 0.46 acres
Existing Uses: Convenience Store
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Conditional Use Permit – CU 1020165073
Rocket Fuel 4, Corp
January 19, 2017
Page 2
Proposed Use(s): Gasoline services as accessory to the retail sale of food and retail
sale of undistilled alcoholic beverages as accessory to the retail
sale of food.
Urban Service Boundary: Inside
Existing Land Use and Zoning:
Future Land Use Zoning Existing Land Use
TVC (Town, Villages and
Countryside)
CN (Commercial,
Neighborhood)
Convenience Store
Surrounding Land Use and Zoning:
Future Land Use Zoning Existing Land Use
North COM (Commercial) CN (Commercial,
Neighborhood)
Vacant land, McDonald’s,
and Indrio Shopping Plaza
South TVC (Town, Villages
and Countryside)
AG-1 (Agricultural – 1
du/ac)
Vacant land
East TVC (Town, Villages
and Countryside)
CG (Commercial,
General)
CVS Drug Store
West TVC (Town, Villages
and Countryside)
CN (Commercial,
Neighborhood)
Indrio Plaza
Background
Pursuant to Land Development Code Section 11.07.00-Conditional Uses allows for a legally
conforming use that exists on the effective date of the current Code and withstanding no further
action to be considered a conforming use. However, if a Conditional Use ceases to be in effect
for any reason for a period of twelve consecutive months such use shall become null and void.
July 20, 1982, the Board of County Commissioners approved a site plan for Indrio Plaza that
included the subject property and the adjacent property to the west consisting of 7,180 square
feet of building area and 29 parking spaces.
January 28, 1991 the Planning and Development Services Director approved an adjustment to
the Indrio Plaza Site Plan to the permit retail sale of gasoline. The adopted August 1, 1990 Code
permitted gasoline services and undistilled alcoholic beverages as accessory uses to retail sale
of food in the CN Zoning District.
June 17, 1994, Mutual Cross Access and Parking Easement was recorded in public records in
OR Book 906, Page 973. This allowed a shared parking and access for this business and the
attached parcel to the west.
March 7, 1995, the Planning and Development Services Director approved an adjustment for a
lot split creating Parcel A and Parcel B subject to the shared access and parking agreement.
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Conditional Use Permit – CU 1020165073
Rocket Fuel 4, Corp
January 19, 2017
Page 3
June 20, 1999, the Board of County Commissioners approved the amendment to Section
3.01.03(Q), CN (Commercial, Neighborhood) Zoning District by amending the list of Permitted,
conditional and accessory uses. Ordinance No. 99.015 removed gasoline services and undistilled
alcoholic beverages as accessory uses to the retail food store and made these uses a conditional
use in the CN Zoning District.
July 27, 2009, the Business Tax License for Family Wholesalers & Distributors, LLC to operate
the business for the retail sale of food with gas station and beer and wine as accessory uses was
closed.
This Conditional Use Permit approval is required due to the discontinued retail sale of gasoline
services in the CN Zoning District for a period of twelve consecutive months.
STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.07.03, ST. LUCIE COUNTY LDC
Section 11.07.03, Conditional Use Permits Standards of Review establishes the criteria that shall
be reviewed prior to the issuance of a Conditional Use Permit. The applicant shall demonstrate
the following:
A. CONSISTENCY WITH LAND DEVELOPMENT CODE AND COMPREHENSIVE PLAN
The Rocket Fuel 4 Corp Conditional Use Permit is consistent with the general purpose, goals,
objectives and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code
and Compiled Laws of St. Lucie County. The proposed gasoline services complies with all
additional standards imposed on it by the particular provisions of this Code authorizing such use
and any other requirement of the Code and Compiled Laws of St. Lucie County.
B. EFFECT ON ADJACENT PROPERTIES
Uses that are designated as a Conditional Use are generally compatible with the use
characteristic of the zoning district however require individual review of their location, design,
intensity, configuration, and public facility impact in order to determine the appropriateness on the
particular site. January 28, 1991 the Planning and Development Services Director made the
determination that the retail trade of gasoline services would be compatible with adjacent uses.
The proposed Conditional Use Permits will not have an undue adverse effect upon the nearby
properties or the existing commercial character of the neighborhood. Staff implemented
conditions of approval to assure the landscaping and screening of the subject project will be
brought into compliance with the approved site plan. These conditions will need to be completed
within 60 days of the BOCC approval.
C. ADEQUACY OF PUBLIC FACILITIES
The proposed use is not expected to create significant additional demands on any public facilities
in this area. The subject property is located inside the urban service boundary where adequate
public services are provided.
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Conditional Use Permit – CU 1020165073
Rocket Fuel 4, Corp
January 19, 2017
Page 4
Water/Wastewater
The subject property is currently served by Fort Pierce Utility Authority water and has an on-site
septic tank to dispose waste. The wastewater service is regulated by the St. Lucie County Health
Department.
Transportation System
The subject property is located on the southwest corner of Indrio Road and Kings Highway. The
access to the gas station is from Indrio Road, a two lane state roadway. Florida Department of
Transportation (FDOT) is currently working on widening this roadway to four lanes. The proposed
FDOT improvements at this intersection, Indrio Road and Kings Highway, will improve capacity
and increase safety.
D. ADEQUACY OF FIRE PROTECTION
The St. Lucie County Fire District, Station #7 Lakewood Park, is located approximately 0.5 west
of the subject property.
E. ENVIRONMENTAL IMPACT
The Environmental Resources Department (ERD) is in receipt of the October 18, 2016 Planning
and Development Services’ date-stamped submittal. The applicant is seeking a Conditional Use
Permit in order to continue the operation of gasoline services and retail sale of undistilled alcoholic
beverages, as an accessory to the food store. The Conditional Use Permit is required due to the
discontinued retail sale of gasoline services and undistilled alcoholic beverages in the Commercial
Neighborhood (CN) Zoning District for a period of 12 consecutive months. The 0.46-acre parcel
is located on the southwest corner of Indrio Road and Kings Highway. The site is currently
developed as a convenience store and fueling station, with associated parking and landscaping.
Findings:
ERD’s evaluation finds no negative environmental impacts with the proposed Conditional Use
Permit. A condition of approval shall require onsite landscaping be brought into compliance with
the existing approved landscape plan associated with the Indrio Plaza Site Plan dated 5/10/1994
and prepared by Armas Isenhower & Associates, Landscape Architects.
Conditions of Approval:
1) Within 60 days of Conditional Use Approval, the applicant shall install landscaping where not
in compliance with the approved landscape plan, dated 5/10/1994 prepared by Armas
Isenhower & Associates, Landscape Architects.
2) The issuance of County development permit does not in any way create any rights on the part
of the applicant to obtain a permit from a state or federal agency and does not create any
liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a violation
of state or federal law.
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Conditional Use Permit – CU 1020165073
Rocket Fuel 4, Corp
January 19, 2017
Page 5
3) All other applicable state or federal permits must be obtained before commencement of the
development.
Findings and Recommendation
Staff finds that, with the conditions of approval as drafted, this petition meets the standards of
review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is
not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan.
Staff recommends that the Planning and Zoning Commission forward a recommendation of
approval for this petition to the Board of County Commissioners, subject to the conditions set forth
in the Draft Resolutions.
4.B.b
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Conditional Use Permit – CU 1020165073
Rocket Fuel 4, Corp
January 19, 2017
Page 6
Suggested motion to recommend approval/denial of this requested conditional uses.
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 11.07.03, 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 ADOPT A RESOLUTION GRANTING
APPROVAL TO THE PETITION OF ROCKET FUEL 4 CORP FOR THE CONDITIONAL USE
PERMIT TO ALLOW THE RETAIL TRADE OF GASOLINE SERVICES AS AN
ACCESSORY TO THE RETAIL FOOD STORE
WITHIN THE COMMERCIAL, NEIGHBORHOOD ZONING DISTRICT, BECAUSE... [LIST
CONDITION(S)]
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.07.03, 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 ADOPT A RESOLUTION DENYING THE
PETITION OF ROCKET FUEL 4 CORP FOR THE CONDITIONAL USE PERMIT TO ALLOW
THE RETAIL TRADE OF GASOLINE SERVICES AS AN ACCESSORY TO THE RETAIL
FOOD STORE.
WITHIN THE COMMERCIAL, NEIGHBORHOOD ZONING DISTRICT ZONING DISTRICT,
BECAUSE… [CITE REASON(S) WHY - PLEASE BE SPECIFIC]
4.B.b
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March 7, 2017 Draft Res. TBD
File No. CU 1020165073
RESOLUTION 2017-TBD 1
CU 1020165073 2
3
A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY 4
COMMISSIONERS GRANTING ROCKET FUEL 4 CORP A 5
CONDITIONAL USE PERMIT TO ALLOW THE RETAIL TRADE OF 6
GASOLINE SERVICES AS AN ACCESSORY TO THE FOOD STORE IN 7
THE CN (COMMERICAL, NEIGHBORHOOD) ZONING DISTRICT FOR 8
PROPERTY LOCATED AT 7301 INDRIO ROAD IN ST. LUCIE 9
COUNTY, FLORIDA. 10
11
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 12
testimony and evidence, including but not limited to the staff report, has made the following 13
determinations: 14
15
1. Henry Izquierdo presented a petition for a Conditional Use Permit to allow the 16
operation of gasoline services as an accessory to the food store in the CN 17
(Commercial, Neighborhood) Zoning District for the property located at 7301 Indrio 18
Road, as described in Part B below and depicted in Exhibit “A”. 19
20
2. On July 20, 1982, the St. Lucie County Board of County Commissioners approved the 21
petition for a site plan to be known as Indrio Plaza. 22
23
3. On January 28, 1991, the Planning and Development Services Director approved an 24
adjustment to the Indrio Plaza Site Plan to permit retail sale of gasoline services. 25
26
4. On June 20, 1999, through Ordinance 99-015, the St. Lucie County Board of County 27
Commissioners approved the transfer of the Retail trade of Gasoline services as an 28
accessory to retail food stores under SIC 5411 from the accessory uses to the 29
conditional uses in the CN (Commercial, Neighborhood) Zoning District, resulting in 30
the subject conditional use classification. 31
32
5. On January 19, 2017, the Planning and Zoning Commission held a public hearing on 33
the petition, after publishing notice at least 10 days prior to the hearing and notifying 34
by mail all owners of property within 500 feet of the subject property, and 35
recommended that the Board of County Commissioners approve/deny this conditional 36
use permit. 37
38
6. On March 7, 2017, the St. Lucie Board of County Commissioners held a public hearing 39
on this petition, after publishing a notice of such hearing and notifying by mail all 40
4.B.c
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March 7, 2017 Draft Res. TBD
File No. CU 1020165073
owners of property within 500 feet of the subject property. 1
2
7. The proposed Conditional Use is consistent with the goals, objectives, and policies of 3
the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 4
11.07.03 of the St. Lucie County Land Development Code. 5
6
8. The proposed conditional use will not have an undue adverse effect on adjacent 7
property, the character of the neighborhood, traffic conditions, parking, utility 8
facilities, or other matters affecting the public health, safety and general welfare. 9
10
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 11
County, Florida: 12
13
A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, the 14
Conditional Use for Rocket Fuel 4 Corp to allow the Retail trade of Gasoline services as 15
an accessory to the retail food store in the CN (Commercial, Neighborhood) Zoning 16
District is hereby granted for the property described in Part B, subject to the following 17
condition: 18
19
1) Within 60 days of Conditional Use Approval, the applicant shall install landscaping 20
where not in compliance with the approved landscape plan, dated 5/10/1994 21
prepared by Armas Isenhower & Associates, Landscape Architects. 22
23
2) The issuance of County development permit does not in any way create any rights on 24
the part of the applicant to obtain a permit from a state or federal agency and does 25
not create any liability on the part of the County if the applicant fails to obtain 26
requisite approvals or fulfill the obligations imposed by a state or federal agency or 27
undertakes actions that result in a violation of state or federal law. 28
29
3) All other applicable state or federal permits must be obtained before 30
commencement of the development. 31
32
B. The property on which this Conditional Use Permit is being granted is described as 33
follows: 34
35
The South 200.00 feet of the North 220 feet of the West 100.00 feet of the East 180.00 36
feet of the South ½ of Section 14, Township 34 South, Range 39 East, St. Lucie County, 37
Florida. 38
39
Parcel ID Number: 1314-411-0001-000/6 40
41
C. This Conditional Use Permit shall expire on March 7, 2018, unless the developer has 42
4.B.c
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March 7, 2017 Draft Res. TBD
File No. CU 1020165073
obtained a building permit or zoning compliance approval for the uses described in Part 1
A above, or an extension has been granted in accordance with Section 11.07.05(F), St. 2
Lucie County Land Development Code. 3
4
D. The approvals and authorizations granted by this Resolution are for the purpose of 5
obtaining a building permit or zoning compliance from St. Lucie County, and are not 6
assigned to any other party or institution. Should the applicant choose or decide to 7
assign this business to another entity or individual, an adjustment to the conditional use 8
permit shall be required. 9
10
E. The Certificate of Capacity granted by the Planning and Development Services Director 11
on March 7, 2017 shall remain valid for the period of this development order. If this 12
order expires or otherwise terminates, the certificate of capacity shall automatically 13
terminate. 14
15
F. The St. Lucie County Planning and Development Services Director is hereby authorized 16
and directed to cause the notation of this resolution to be made on the Official Zoning 17
Map of St. Lucie County, Florida, and to make notation of reference to the date of 18
adoption of this resolution. 19
20
G. This order shall be recorded in the Public Records of St. Lucie County. 21
22
After motion and second, the vote on this resolution was as follows: 23
24
Chris Dzadovsky, Chairman XXX 25
26
Tod Mowery, Vice-Chairman XXX 27
28
Commissioner Linda Bartz XXX 29
30
Commissioner Frannie Hutchinson XXX 31
32
Commissioner Cathy Townsend XXX 33
34
4.B.c
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March 7, 2017 Draft Res. TBD
File No. CU 1020165073
1
PASSED AND DULY ADOPTED this 7th day of March, 2017. 2
3
BOARD OF COUNTY COMMISSIONERS 4
ST. LUCIE COUNTY, FLORIDA 5
6
7
_______________________________ 8
BY CHAIRMAN 9
10
ATTEST: APPROVED AS TO FORM 11
AND CORRECTNESS: 12
13
14
____________________ _______________________________ 15
DEPUTY CLERK COUNTY ATTORNEY 16
17
4.B.c
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File No. CU 1020165073
Exhibit A 1
2
3
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5
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7
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Q. CN COMMERCIAL, NEIGHBORHOOD.
1. Purpose. The purpose of this district is to provide and protect an environment suitable for limited
retail trade and service activities covering a relatively small area and that is intended to serve the
population living in surrounding neighborhoods. 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. Beauty and barber services. (723/724)
b. Membership organizations subject to the provisions of Section 7.10.31. (86)
c. Depository institutions. (60)
d. Laundering and dry cleaning (self service). (7215)
e. Real estate. (65)
f. Repair services:
(1) Electrical repair. (762)
(2) Shoe repairs. (725)
(3) Watch, clock, jewelry, and musical instrument repair. (7631)
g. Retail trade (each building shall be less than 6,000 square feet gross floor area, all uses
inclusive):
(1) Antiques. (5932)
(2) Apparel an accessories. (56)
(3) Books and stationery. (5942/5943)
(4) Cameras and photographic supplies. (5946)
(5) Drugs and proprietary. (5912)
(6) Eating places. (5812)
(7) Florists. (5992)
(8) Food stores. (54)
(9) Gifts, novelties, and souvenirs. (5947)
(10) Hobby, toy and game shops. (5945)
(11) Household appliances. (572)
(12) Jewelry. (5944)
(13) Newspapers and magazines. (5994)
(14) Optical goods. (5995)
(15) Nurseries, lawn and garden supplies. (526)
(16) Radios, TV's, consumer electronics and music supplies. (573)
(17) Sporting goods and bicycles. (5941)
(18) Tobacco products. (5993)
h. Video tape rental. (784)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00.
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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. Car washes (self service only) -subject to the provisions of Section 7.10.22. (999)
b. Day care - adult. (8322)
- child. (8351)
c. Postal services. (4311)
d. Retail trade:
(1) Gasoline services - accessory to retail food stores under SIC-5411. (999)
(2) Undistilled alcoholic beverages accessory to retail sale of food. (5921-Except for liquor)
e. 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. Drinking places (undistilled alcoholic beverages) accessory to an eating place. (999)
b. One dwelling unit contained within the commercial building, for on-site security purposes.
(999)
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11.07.00. - CONDITIONAL USES
11.07.01. - General Provisions.
A. Purpose. The purpose of this section is to provide for uses that are generally compatible with the use
characteristics of a zoning district, but which require individual review of their location, design, intensity,
configuration, and public facility impact in order to determine the appropriateness of the use on any
particular site in the district and their compatibility with adjacent uses. Conditional uses may require
the imposition of additional conditions to make the uses compatible in their specific contexts.
B. Authority. The Board of County Commissioners may, in accordance with the procedures, standards,
and limitations of this Code, grant conditional use permits for those uses enumerated in each of the
zoning districts in Section 3.01.00 of this Code.
C. Requirement for Four-Fifths Vote When Protest is Filed. In the case of a written protest against an
application for a Conditional Use Permit, signed by the owners of fifty percent (50%) or more of the
area within five hundred (500) feet of the property affected by the proposed action, such Conditional
Use Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of
County Commissioners. Publicly owned right-of-way, although included in calculating the distance of
five hundred (500) feet referred to in the previous sentence, shall not be included in determining the
total of the area lying within five hundred (500) feet of the property involved in such proposed permit
application and the percentages referred to.
11.07.02. - Persons Entitled to Initiate Applications.
An application for a conditional use may only be submitted by the owner or any other person having a
contractual interest in the parcel of land proposed for conditional use.
11.07.03. - Standards for Review of Conditional Use Permits.
A conditional use permit shall be granted only if the applicant demonstrates the following:
A. Consistency With Local Code and Comprehensive Plan. The proposed conditional use is in
compliance with all requirements, and is consistent with the general purpose, goals, objectives, and
standards of this Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St.
Lucie County; and is in compliance with all additional standards imposed on it by the particular
provisions of this Code authorizing such use.
B. Effect on Adjacent Properties.
1. The proposed conditional use will not have an undue adverse effect upon nearby property.
2. The proposed conditional use is compatible with the existing or planned character of the
neighborhood in which it would be located.
3. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional
use on the immediate vicinity through building design, site design, landscaping, and screening.
4. The proposed conditional use will be constructed, arranged, and operated so as not to interfere
with the development and use of neighboring property, in accordance with applicable district
regulations.
C. Adequacy of Public Facilities. The proposed conditional use will be served by adequate public facilities
and services, including roads, police protection, fire protection, solid waste disposal, water, sewer,
drainage structures, parks and mass transit.
D. Adequacy of Fire Protection. The applicant for the proposed conditional use has obtained from the St.
Lucie County - Fort Pierce Fire Prevention Bureau written confirmation, or has otherwise demonstrated
by substantial credible evidence, that water supply, evacuation facilities, and emergency access are
satisfactory to provide adequate fire protection.
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E. Environmental Impact. For developments required to provide an environmental impact report under
Section 11.02.09(A)(5), the proposed conditional use will not contravene any applicable provision of
the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the
St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and
Associates, Inc. (August 1982).
11.07.04. - Conditions on Conditional Use Permits.
The Board of County Commissioners shall attach such conditions, limitations, and requirements to a
conditional use permit as are necessary to effectuate the purposes of Section 11.07.01; to carry out the
spirit and purpose of this Code and the St. Lucie County Comprehensive Plan; and to prevent or minimize
adverse effects upon other property in the neighborhood, including but not limited to limitations on size,
intensity of use, bulk and location, landscaping, lighting, the provision of adequate ingress and egress,
duration of the permit, and hours of operation. Such conditions shall be set forth expressly in the resolution
granting the conditional use permit.
A. Traffic Control Devices. Whenever, as the result of traffic generated by a proposed conditional
use, it is determined, based on the Manual on Uniform Traffic Control Devices, that there is a
need to install traffic control devices (including traffic signals, signing, and pavement markings),
the conditional use permit shall not be granted except upon the condition that the applicant be
responsible for installing all said devices and signs, or making an equitable contribution toward
such installation.
B. Access Improvements. A conditional use permit shall not be granted except upon the condition
that the applicant provide the access (ingress and egress) improvements determined to be
necessary as a result of traffic generated by the development.
C. Projects Requiring Other Regulatory Approval.
1. For proposed conditional uses requiring any permit from the United States Army Corps of
Engineers, the Florida Department of Environmental Regulation, the Florida Department of
Natural Resources, or any other state or federal regulatory authority, the Board of County
Commissioners shall not grant unconditionally a conditional use permit until it has received
from such agency notice of either issuance of or intent to issue the required regulatory permit.
2. The Board of County Commissioners may grant a conditional use permit contingent upon
receiving notice of either issuance of or intent to issue any required regulatory permit if it can
make, on a tentative basis and subject to confirmation, the findings required in Section
11.07.03(E). A conditional use permit granted contingent upon receiving notice of either
issuance of or intent to issue any required regulatory permit shall not preclude the Board of
County Commissioners, after reviewing the regulatory permit application and other
information, from revoking such contingent grant of a conditional use permit based solely
upon an inability to confirm the findings required in Section 11.07.03(E) or from protesting
the regulatory permit application.
D. Reduction In Maximum Residential Density. The Board of County Commissioners shall require a
reduction from the maximum residential density permitted in the zoning district in which a
conditional use is to be located when such allowable maximum residential density:
1. Would impose an excessive burden, as determined by recognized engineering or other
professional standards, on public facilities that would serve the proposed conditional use; or
2. Would contravene any applicable provision of the St. Lucie County Comprehensive Plan, or
of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study
Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August,
1982).
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11.07.05. - Application Procedures.
A. Pre-Application Conference. An application for conditional use is initiated by requesting in writing a
pre-application conference with the Growth Management Director. The request shall include a
description of the character, location and magnitude of the proposed conditional use, together with a
proposed timetable for development. The purpose of this meeting is to acquaint the applicant with the
requirements of this Code and the views and concerns of the County when positions are flexible. Within
twenty (20) days of the request, the Growth Management Director shall schedule a pre-application
conference with the applicant and other relevant County departments.
B. Filing Application for Conditional Use Permit.
1. Filing. After the pre-application conference, an applicant for a conditional use permit shall submit
an application to the Growth Management Director accompanied by a non-refundable fee as
established from time to time by the Board of County Commissioners to defray the actual cost of
processing the application. If, in accordance with Section 3.01.00, the specific conditional use
applied for requires site plan approval, the applicant shall submit a site plan meeting the
requirements of Section 11.03.00 of this Code. If, in accordance with Section 3.01.00, the specific
conditional use applied for does not require site plan approval, the applicant shall submit a written
statement of proposed use including, but not limited to, the nature of the use and the proposed
improvements to the site. Conditional use applications shall include a site plan if the proposed
use would be located in whole or in part in a one hundred (100) year floodplain or on North or
South Hutchinson Island. Applications for conditional use approval shall include such other
information or documentation as the Director deems necessary for the full and proper
consideration and disposition of the application.
2. Review by Growth Management Director.
a. Within twenty (20) days after an application for conditional use approval is submitted, the
Growth Management Director shall determine whether the application is complete. If the
Director determines that the application is not complete, he shall send a written statement
specifying the deficiencies to the applicant by mail. The Director shall take no further action
on the application unless the deficiencies are remedied.
b. Within thirty (30) days after the Growth Management Director determines that an application
for conditional use permit is complete, the Director shall review the application, make a
report, and notify the Planning and Zoning Commission that the application is ready to
review.
C. Hearing and Action by Planning and Zoning Commission.
1. Hearing. Upon notification that the application for a conditional use permit is ready for review, the
Planning and Zoning Commission shall place it on the next regularly scheduled agenda for public
hearing in accordance with the provisions of Section 11.00.03. The public hearing held on the
application for conditional use shall be in accordance with Section 11.00.04.
2. Review. In reviewing the conditional use application, the Planning and Zoning Commission shall
consider the report of the Growth Management Director; shall determine whether the proposed
use meets the standards in Sections 11.07.03, 11.07.04, and 3.01.00 for conditional uses; and
shall determine whether the proposed use meets all other provisions of this Code, the St. Lucie
County Comprehensive Plan, and any other applicable County Ordinance. The Planning and
Zoning Commission may recommend certain conditions be met before approval of the application.
3. Recommendation. Within a reasonable time of the conclusion of the public hearing, not to exceed
thirty (30) days, the Planning and Zoning Commission shall make a recommendation to approve,
approve with conditions, or deny the application.
D. Hearing and Action by Board of County Commissioners.
1. Hearing. Upon notification of the recommendation of the Planning and Zoning Commission, the
Board of County Commissioners shall place the conditional use application on the next regularly
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scheduled agenda for a public hearing in accordance with the requirements of Section 11.00.03.
The public hearing on the application shall be held in accordance with Section 11.00.04.
2. Review. In reviewing the application, the Board of County Commissioners shall consider the
report of the Growth Management Director and the recommendation of the Planning and Zoning
Commission; shall determine whether the proposed use meets the standards in Sections
11.07.03, 11.07.04, and 3.01.00 for conditional uses; and shall determine whether the proposed
use meets all other provisions of this Code, the St. Lucie County Comprehensive Plan, and any
other applicable County Ordinance. The Board may require certain conditions be met before
approval of the application.
3. Action. Within a reasonable time of the conclusion of the public hearing, not to exceed thirty (30)
days, the Board of County Commissioners shall approve, approve with conditions, or deny the
application for conditional use permit in accordance with Section 11.00.04(E). The decision on
the application shall be by resolution setting forth the findings of the Board of County
Commissioners and any condition, limitation, or requirement of such decision.
4. Notice of Action. Notification of the Board of County Commissioners' decision shall be mailed to
all parties, and the decision shall be filed with the Office of the Growth Management Director in
accordance with Section 11.00.04(F).
E. Development and Adjustment of an Approved or Existing Conditional Use.
1. Effect of Issuance of Conditional Use Permit. The issuance of a conditional use permit shall only
constitute approval of the proposed use, and development of the use shall not be carried out until
the applicant has secured all other permits and approvals required.
2. Adjustments to an Approved or Existing Conditional Use. Adjustments to a conditional use may
be permitted as follows:
a. Minor Adjustments - The Growth Management Director shall authorize minor adjustments to
a conditional use. Such minor adjustments shall be consistent with the intent and purpose of
the St. Lucie County Comprehensive Plan, this Code, the conditional use as approved or
existing, and shall be the minimum necessary. Such minor adjustments shall be limited to
the following:
1. altering the bulk of any one (1) structure by not more than twenty-five percent (25%);
or,
2 altering the location of any one (1) structure or group of structures by not more than ten
(10) feet; or,
3. altering the location of any circulation element by not more than ten (10) feet; or,
4. altering the location of any open space by not more than ten (10) feet; or,
5. reducing the total amount of open space by not more than five percent (5%) or reducing
the yard area or open space associated with any single structure by not more than five
percent (5%); or,
6. altering the location, type, or quality of landscaping elements; or,
7. change in project name or ownership of the property.
Notice of the authorization of such minor adjustments shall be provided to the Board of
County Commissioners.
b. Major Adjustments in Substantial Conformity.
1. Any other adjustment to a conditional use shall be a major adjustment and shall be
granted only upon application to and approval by the Board of County Commissioners,
which shall grant approval for such other adjustment after a public hearing upon finding
that any proposed change in the conditional use as approved or existing will be in
substantial conformity with the original approval or the existing conditional use. The
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Board of County Commissioners shall place the application for major adjustment on the
agenda of a regularly scheduled meeting for a public hearing in accordance with the
requirements of Section 11.00.03. The public hearing on the application shall be held
in accordance with Section 11.00.04.
2. If the Board of County Commissioners determines that the major adjustment is not in
substantial conformity with the original approval or the existing conditional use, then it
shall deny the application for adjustment. Such denial shall not preclude development
of an approved conditional use.
3. Inspections During Development of an Approved Conditional Use
a. Inspections by Growth Management Director. Following approval of a conditional
use, the Growth Management Director shall, at least annually until the completion
of development, review all permits issued and construction undertaken and
compare actual development with the approved conditional use and with the
approved development schedule, if applicable.
b. Action by Growth Management Director. If the Growth Management Director finds
that development is not proceeding in accordance with the approved schedule, or
that it fails in any other respect to comply with the approved conditional use, he
shall notify the Board of County Commissioners of such fact and may, if he finds it
necessary for the protection of the public health, safety, or welfare, take such
necessary action to stop such non-compliance.
c. Action by Board of County Commissioners. Within thirty (30) days following
notification by the Growth Management Director, the Board of County
Commissioners shall determine whether development of the conditional use is
proceeding in accordance with the approved conditional use. If the Board of
County Commissioners finds the development is not proceeding in accordance
with the approved conditional use, it shall either revoke the permit or take the
necessary action to compel compliance with the approved conditional use.
4. Inspections After Development.
a. Inspection by Growth Management Director. Following completion of the
development of a conditional use, the Growth Management Director shall review
the development as completed and determine if it complies with the approved
conditional use.
b. Action by Growth Management Director. If the Growth Management Director finds
that the development as completed fails in any respect to comply with the use as
approved, he shall immediately notify the Board of County Commissioners of such
fact.
c. Action by Board of County Commissioners. Within thirty (30) days following
notification by the Growth Management Director, the Board of County
Commissioners shall determine whether the completed conditional use fails in any
respect to follow the approved conditional use permit. If the Board of County
Commissioners finds the completed conditional use fails in any respect to follow
the approved conditional use, it shall either revoke the permit or take the necessary
action to compel compliance with the conditional use.
F. Extensions of Conditional Use Permits. The time limitations imposed on a conditional use permit by
Section 11.07.05(I) may be extended by the Board of County Commissioners not more than one (1)
time, and for not more than twenty-four (24) months, upon application by the applicant and after a
public hearing held in accordance with Section 11.00.04.
G. Existing Conditional Uses. A legally conforming use that exists on the effective date of this Code and
that is permitted as a conditional use in a zoning district in Section 3.01.03 of this Code shall not be
deemed a nonconforming use in that district, but shall without further action be considered a
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conforming use. A use existing prior to its present classification by this Code as a conditional use may
change in use or in lot area or may alter a structure only if the change or alteration conforms with the
requirements of Sections 11.07.05(E) and 3.01.03 for conditional uses. Such change or alteration may
be accomplished only pursuant to the standards and procedures established for the adjustment of a
conditional use as set forth in Section 11.07.05(E).
H. Revocation of Conditional Use Permit. In addition to any other penalty and remedy for violation of this
Code, it shall be a condition of every conditional use approval that such approval may be revoked for:
(1) Violation of any condition imposed upon such approval, and
(2) Upon complaint and proof of adverse effect on adjacent properties. The permit may be revoked
only after the Board of County Commissioners holds a public hearing in accordance with Section
11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides
written consent to the revocation to the Growth Management Director, the Director shall revoke
the permit and notify the Board of County Commissioners of the revocation.
I. Expiration of Conditional Use Permit. A conditional use permit shall be valid for the purposes of
securing a Building Permit or Certificate of Zoning Compliance for twelve (12) months from the date of
approval. Unless a Building Permit or Certificate of Zoning Compliance is secured within twelve (12)
months, and construction subsequently undertaken pursuant to such Building Permit, the conditional
use permit shall automatically expire unless the permit is extended upon application to the Board of
County Commissioners in accordance with Section 11.00.04.
J. Limitations on Approval for Conditional Uses. A conditional use permit shall be deemed to authorize
only the particular use for which it was issued and shall automatically expire and cease to be of any
force or effect if such use shall, for any reason, be discontinued for a period of twelve (12) consecutive
months.
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ITEM NO. (ID # 4058)
DATE: 01/19/2017
AGENDA REQUEST *PUBLIC HEARINGS
LEGISLATIVE
BACKGROUND:
This is a petition submitted by Kenneth G. Oertel on behalf of Margiric Farms, LLC to request a Text
Amendment to the Land Development Code (LDC) that will create supplemental standards for
Agricultural Labor Housing/Farmworker Housing for Section 7.10.08 Rural and Farmworker Housing.
This draft Ordinance was formulated under the guidance of Chapter 64E-14 Florida Administrative Code
(F.A.C.) with input from the applicant and the Development Review Committee. It is the intent of these
supplemental standards to provide a suitable housing environment while protecting the health, safety
and general welfare of the farm laborers and the general public.
"Agricultural Labor Housing" is listed as a Conditional Use in the adopted Agricultural, 5 (AG-5) zoning
district. The 1990 adopted Supplemental Standards section of the Land Development Code reserved
Section 7.10.08 Rural and Farmworker Housing for future implementation of supplemental standards for
Farmworker Housing. To date, the Section remains empty. Margiric Farms is proposing a Conditional Use
application for Agricultural Labor Housing in the Agricultural 5 Zoning District. Prior to submitting the
Conditional Use application they felt it in their best interest ask the Board of County Commissioners to
establish supplemental standards for Agricultural Labor Housing/Farmworker Housing.
The review standards are summarized in the attached staff report.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the petition be forwarded to the Board of County Commissioners with a
recommendation of approval.
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Linda Pendarvis, Planner
SUBMITTED BY: Planning Division
SUBJECT: Ordinance - Agricultural Labor Housing / Farmworker Housing Text
Amendment
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Updated: 1/13/2017 4:58 PM by Sarah Smith Page 2
COMMISSION ACTION:
Coordination/Signatures
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Planning and Development
Services Department
Planning Division
M E M O R A N D U M
TO: Planning and Zoning Commission
THROUGH: Leslie Olson, AICP, Planning & Development Services Director
Bonnie C. Landry, AICP, Planning Manager
FROM: Linda Pendarvis, Comprehensive Planning Coordinator
DATE: January 19, 2017
SUBJECT: Text Amendment to the Land Development Code – Section 7.10.08
Rural and Farmworker Housing
This is a petition submitted by Kenneth G. Oertel on behalf of Margiric Farms, LLC to request
a Text Amendment to the Land Development Code (LDC) that will create supplemental
standards for Agricultural Labor Housing/Farmworker Housing for Section 7.10.08 Rural and
Farmworker Housing.
Background:
The 1990 adopted Land Development Code reserved Section 7.10.08 for future implementation
of supplemental standards for Farmworker Housing. Margiric Farms is proposing a Conditional
Use application for Agricultural Labor Housing in the Agricultural 5 Zoning District. Prior to
submitting the Conditional Use application they felt it in their best interest to establish
supplemental standards for Agricultural Labor Housing/Farmworker Housing.
The review standards are summarized below.
STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.06.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for a text amendment to the Land Development Code, the Planning
and Zoning Commission and the Board of County Commissioners shall consider and make the
following determinations:
1. Whether the proposed amendment is in conflict with any applicable portions of the
St. Lucie County Comprehensive Plan and/or the Land Development Code;
The proposed text amendment to the Land Development Code is consistent with the
Comprehensive Plan and is internally consistent with the remainder of the Land Development
Code. The amendment creates supplemental standards for Farmworker Housing as a
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Planning and Zoning Commission
Margiric Farm LLC
January 19, 2017
Page 2
Conditional Use within the Agricultural 5 (AG-5), Agricultural 2.5 (AG2.5), and Agricultural 1(AG-
1) Zoning Districts. The purpose of these districts is to provide and protect an environment
suitable for productive commercial agriculture, together with such other uses as may be
necessary to be compatible with productive agricultural surroundings.
The following Comprehensive Plan Policies pertaining to farmworker housing support the
proposed code amendment:
Objective 3.1.1: The County shall ensure the creation and/or preservation of affordable housing
for all current and anticipated future residents of the jurisdiction, and households with special
housing needs including rural and farmworker housing, workforce housing as well as adequate
site and distribution of housing for very-low-income, low-income and moderate-income
households.
Policy 3.2.2.4: Rural and farm worker housing locational criteria shall be reviewed for
incorporation into the Land Development Code within one year according to these general
guidelines:
A. Rural and farm worker housing should be located near collectors and arterials leading to
work sites, shopping and social services;
B. It is recognized that rural and farm worker housing often will be dependent on onsite sanitary
sewer and potable water supplies.
Land Development Code pertaining to farmworker housing:
Section 3.01.03: Agricultural labor housing is listed under Conditional Uses within the AG-1
(Agricultural-1), AG-2.5 (Agricultural-2.5) and AG-5 (Agricultural-5) Zoning Districts.
2. Whether and the extent to which the proposed amendment is inconsistent with the
existing and proposed land uses;
The proposed text amendment to the Land Development Code is not site specific but applies to
the County at large and if approved, a Conditional Use Application and Site Plan must be
approved by the Board of County Commissioners. The Conditional Use process ensures that
any proposed farmworker housing will be reviewed in context to the surrounding neighborhood
through review of the location, design, intensity, configuration, and public facility impact in order
to determine the appropriateness of the use and their compatibility with adjacent uses.
Conditional uses may require the imposition of additional conditions to make the uses compatible
in their specific contexts. Furthermore, the Conditional Use process incorporates an extensive
public input process by requiring a survey to be sent to all neighbors within 500 feet and be heard
at two public hearings - one before the Planning and Zoning Commission and one before the
Board of County Commissioners.
3. Whether there have been changed conditions that require an amendment;
Section 7.10.08 Rural and Farmworker Housing is currently reserved in the County’s Land
Development Code but lacks text. The proposed amendment will provide supplemental
standards for farmworker housing that was reserved for future implementation and the applicant
proposing the amendment .
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Planning and Zoning Commission
Margiric Farm LLC
January 19, 2017
Page 3
4. 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;
Site specific facility impacts will be addressed at the time of the Conditional Use and Site Plan
application. All development is required to adhere to Land Development Code Section 11.07.03
- Standards of Review of Conditional Use Permits and Section 11.02.00 Procedure for Site Plan
Review.
5. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment;
Site specific environmental impacts will be addressed at the time of the Conditional Use
application. All development is required to adhere to current environmental resource protection
standards.
6. Whether and the extent to which the proposed amendment would adversely affect
the property values in the area;
Site specific neighborhood impacts will be addressed at the time of Conditional Use and Site Plan
application.
7. Whether and the extent to which the proposed amendment would result in an
orderly and logical development pattern specifically identifying any negative effects of
such patterns;
Site specific effects of a proposed change to existing development patterns will be addressed at
the time of Conditional Use and Site Plan application. The proposed amendment is limited to
agriculturally classified land and is specifically geared towards supporting the operations of
agricultural uses.
8. 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 amendment is in keeping with the public interest and is in harmony with the
purpose and intent of this code by furthering Comprehensive Plan policies that speak to special
housing needs for farmworkers. The proposed amendment identifies guidelines to process a
conditional use request for Agricultural Labor Housing where currently none exists. Any potential
conflict with public interests associated with a site-specific request can be addressed through
the associated Conditional Use and Site Plan process.
9. Any other matters that may be deemed appropriate by the Planning and Zoning
Commission or the Board of County Commissioners, in review and consideration of the
proposed amendment.
The Planning and Zoning Commission and the Board of County Commissioners may raise other
matters regarding the proposed amendment to the text of the Land Development Code.
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Margiric Farm LLC
January 19, 2017
Page 4
Analysis Summary:
Based upon staff analysis contained in this memorandum, the proposed text amendment to the
Land Development Code is internally consistent with the Land Development Code and the St.
Lucie County Comprehensive Plan. The proposed amendments have the potential to support
agricultural operations to provide housing for farmworkers, which furthers Comprehensive Plan
Objective 3.1.1 and Policy 3.2.2.4.
Recommendation:
Staff recommends that the proposed text amendment to the Land Development Code be
forwarded to the Board of County Commissioners with a recommendation for approval.
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Planning and Zoning Commission
Margiric Farm LLC
January 19, 2017
Page 5
Suggested motion to recommend approval/denial of this requested conditional use.
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 11.07.03, 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 TEXT
AMENDMENT TO THE LAND DEVELOPMENT CODE BY AMENDING DEFINITIONS AND
CREATING SECTION 7.10.08 FARMWORKER HOUSING, BECAUSE...
[LIST CONDITION(S)]
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.07.03, 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 DENY THE TEXT AMENDMENT TO THE
LAND DEVELOPMENT CODE BY AMENDING DEFINITIONS AND CREATING SECTION
7.10.08 FARMWORKER HOUSING, BECAUSE...
[CITE REASON(S) WHY - PLEASE BE SPECIFIC]
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CHAPTER 64E-14
CAMPS
64E-14.001 Migrant Farmworker Housing ‒ General
64E-14.002 Definitions
64E-14.003 Construction Procedures, Variances
64E-14.004 Standards, Permits, Inspections, Violations, Complaints and Retaliation
64E-14.005 Application and Variance Fees
64E-14.006 Sites
64E-14.007 Buildings and Structures
64E-14.008 Water Supply
64E-14.009 Garbage and Refuse Disposal
64E-14.0095 Pesticide Use, Storage and Disposal
64E-14.010 Vermin Control
64E-14.011 Heating
64E-14.012 Lighting
64E-14.013 Sewage and Liquid Waste Disposal
64E-14.014 Plumbing
64E-14.015 Personal Hygiene Facilities
64E-14.016 Field Sanitation Facilities
64E-14.017 Food Service Facilities
64E-14.018 Sleeping Facilities, Beds and Bedding
64E-14.019 Fire Protection
64E-14.020 Citations, Fines
64E-14.021 Responsibility of Operator and Owners
64E-14.022 Supervision
64E-14.023 Enforcement
64E-14.024 Animal Health and Safety
64E-14.001 Migrant Farmworker Housing - General.
It is the intent of this chapter to prescribe minimum sanitation requirements to protect the health and safety of the persons residing in
migrant labor housing and to reduce the number of migrant farmworkers exposed to unsanitary conditions both in migrant labor
housing and in the workplace. These rules provide minimum sanitation and health standards relating to construction, operation, and
maintenance of migrant labor camps and residential migrant housing. This rule is applicable to mobile homes, private residential
rentals, rooming houses, barracks, and housing authority projects for farmworkers when these facilities constitute a migrant labor
camp or residential migrant housing.
Rulemaking Authority 381.006(5), 381.0086 FS. Law Implemented 381.0081 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.51,
Amended 8-6-92, 11-17-94, Formerly 10D-25.051.
64E-14.002 Definitions.
As used in this chapter, the following meanings shall apply:
(1) “Barracks” – A large building used for temporary occupancy and synonymous with the term dormitory.
(2) “Common areas” – That portion of a migrant labor camp or residential migrant housing not included within private living
quarters and where migrant labor camp or residential migrant housing residents generally congregate.
(3) “Department” – For the purpose of this rule, the term “Department” has the same meaning as the definition that appears in
Section 381.008(2), F.S.
(4) “Family” – Includes spouse, children, stepchildren, foster children, parents, stepparents, fosterparents, brothers and sisters.
(5) “Field” – A cultivated expanse of land, especially one devoted to a particular crop. For example, a farm producing, wheat,
rice, corn, soybeans, barley, beans, rye, sorghum, cotton, tobacco, potatoes, sugar crops, hay, peanuts, mint, hops, tomatoes,
strawberries, and other such crops.
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(6) “Garbage disposal” – For the purpose of this rule, the term “Garbage disposal” has the same meaning as the definition that
appears in Section 381.008(12), F.S.
(7) “Group toilets” – A room providing a suite of water closets or toilets and lavatories.
(8) “Hand-labor operations” – Agricultural activities or agricultural operations performed by hand or with hand tools. Hand
labor operations also include activities or operations performed in conjunction with hand labor in the field. Examples of “hand labor
operations” are the hand-cultivation, hand-weeding, hand-planting and hand-harvesting of vegetables, nuts, fruits, seedlings, or other
crops, including mushrooms, plant (nursery) farms, sod farms, and the hand packing of produce into containers, whether done on the
ground, on a moving machine or in a temporary packing shed located in the field. “Hand-labor” does not include such activities as
logging operations, the care or feeding of livestock, or hand-labor operations in permanent structures (e.g., canning facilities or
packing houses), or the operation of a machine, such as a picker or tractor.
(9) “Hand tools” – any hand-held implement used in agriculture by manual laborers to prepare and plant field crops for harvest.
(10) “Incident of employment” – Something that is contingent upon or related to being employed. For the purpose of this rule,
this term shall also mean the same as condition of employment. Examples include housing provided by farm labor contractors or
growers for the migrant and seasonal farmworkers they employ or that are employed by any other farm labor contractors.
(11) “Lighting” – For the purpose of this rule, the term “Lighting” has the same meaning as the definition that appears in
Section 381.008(10), F.S.
(12) “Major Deficiency” – Non compliance of a standard or numerous violations of the standards of this chapter which solely or
collectively cause an imminent threat to public health or cause a high risk of injury. Examples of major deficiencies are untreated
sewage on the ground, unsafe or deteriorated housing, contaminated water supply, holes in floors extending completely through the
original designed exterior, unsafe stairs and flooring posing a risk of persons falling, unsafe ceiling with risk of imminent collapse,
ceiling or roof leaks, gas leaks, exposed or cross connection of electrical wires, boarded windows where the 10 percent window area
requirement is not met, boarded doorways providing egress or ingress.
(13) “Migrant farmworker” – A person who is or has been employed in hand-labor operations in planting, cultivating, or
harvesting agriculture crops within the last 12 months and who has changed residence for purposes of employment in agriculture
within the last 12 months.
(14) “Migrant labor camp” – For the purpose of this rule, the term “Migrant labor camp” has the same meaning as the definition
that appears in Section 381.008(5), F.S.
(15) “Personal hygiene facilities” – For the purpose of this rule, the term “Personal hygiene facilities” has the same meaning as
the definition that appears in Section 381.008(9), F.S.
(16) “Potable water” – Water which is satisfactory for drinking, food preparation, bathing, and meets drinking water standards
of Rule 62-550, 62-555, 62-560, or 64E-8, F.A.C.
(17) “Private living quarters” – A building or portion of a building, dormitory or barracks, including its bathroom facilities, or a
similar type of sleeping and bathroom area, which is a home, residence, or a sleeping place for a resident of a migrant labor camp or
residential migrant housing.
(18) “Residential migrant housing” – For the purpose of this rule, the term “Residential migrant housing” has the same meaning
as the definition that appears in Section 381.008(8), F.S.
(19) “Seasonal farmworker” – A person who, within the last 12 months, is or has been employed where a minimum of 50
percent of their time in that position involves hand-labor operations and who has not changed residence for the purpose of
employment in agriculture. This term includes seasonal workers employed in alternative positions not related to hand-labor
operations once the harvesting season has ended. For example, the term seasonal worker includes persons employed operating a
machine, such as a picker or tractor, during periods when the hand-labor operations have ended for the season.
(20) “Sewage disposal” – For the purpose of this rule, the term “Sewage disposal” has the same meaning as the definition that
appears in Section 381.008(11), F.S. The standards by which a facility is “approved” for “satisfactory treatment and disposal of
human excreta and liquid waste” are found in Chapter 64E-6 or Chapter 62-600, F.A.C. All facilities shall be constructed and
maintained in compliance with the requirements established in these chapters, as appropriate, before receiving a permit.
(21) “Single Family Residence” – A structure that is designed and built to house only one family rather than several unrelated
persons (such as barracks) or multiple families (such as rooming houses).
(22) “Structure” – For the purpose of this chapter, the term shall mean any building or municipality approved housing which
offers protection from the elements for migrant and seasonal farmworkers and includes family residential units, multi-family units,
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barracks, and rooming houses.
(23) “Substantially renovated” – Migrant farmworker housing which has been remodeled or enlarged to comply with current
local building, plumbing, electrical, or fire safety codes and the water supply and sewage disposal sections of this chapter. This does
not apply to cosmetic repairs or routine maintenance.
(24) “Vermin” – Any of various small animals or insects that are destructive, or injurious to health, such as cockroaches or rats.
(25) “Water closet” – A room or booth containing a toilet and often a washbowl or basin.
Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.008 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.52,
Amended 8-6-92, 11-17-94, Formerly 10D-25.052, Amended 4-25-99, 9-12-99, 9-30-08.
64E-14.003 Construction Procedures, Variances.
(1) Notice of Construction. Any and each person who is planning to construct, enlarge, remodel and occupy, or use a migrant
labor camp or residential migrant housing or to convert a property for use or occupancy as a migrant labor camp or residential
migrant housing shall give notice in writing of intent to do so to the department at least 45 days before the date of beginning such
construction, enlargement or renovation. The notice shall give the location of the property within that county, a proposed
construction plan, enlargement or renovation drawn to scale for the department to determine compliance with all rules and the name
and mailing address of the person giving the notice. The plan shall include the location and description of the type of water supply
and sewage disposal systems if the facility is not planned for connection to municipal systems.
(2) Variances. A person may apply for a permanent, structural variance from specific standard(s) by filing an application for
such a variance with the Department of Health. The variance request shall be in writing and it must:
(a) Clearly specify the standard(s) from which the variance is desired;
(b) Provide adequate justification that the variance is necessary to obtain a beneficial use of an existing facility, and to prevent a
practical difficulty or unnecessary hardship; and
(c) Clearly set forth the specific alternative measures that the owner or operator has taken to protect the health and safety of
occupants and adequately show that such alternative measures have achieved the same result as the standard from which the
variance is sought.
(3) Each request for a variance shall be accompanied with a check for $100, made payable to the Bureau of Community
Environmental Health, and it shall be sent to the local County Health Department for the county in which the variance is requested.
(4) Within 30 days after receipt of the variance application, the department shall review the application and request from the
applicant submission of all additional information necessary for the department to make a determination on the variance request. The
department shall, in writing, grant or deny the variance within (90) days of receipt of the variance application, or within 90 days of
receipt of all additional information necessary to complete the application when a request for additional information has been made
by the department in accordance with this section. Failure of the department to grant or deny the variance within 90 days, shall
constitute harmless error, and shall not provide the basis for an argument that the variance was, in fact, granted.
(5) For the purpose of the rule, this subsection has the same meaning as Section 381.0086(6), F.S.
Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0083, 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-
25.53, Amended 8-6-92, 11-17-94, Formerly 10D-25.053, Amended 9-12-99, 9-30-08.
64E-14.004 Standards, Permits, Inspections, Violations, Complaints and Retaliation.
(1) Standards. Before any person establishes, operates, or allows occupancy of a migrant labor camp or residential migrant
housing, the operator shall ensure that the camp or housing complies with the minimum standards of construction, sanitation, and,
equipment established in Sections 381.008 through 381.00897, F.S. the rules of this chapter, and the Occupational Safety and Health
Act of 1970, 29 U.S.C. s. 655, or the Housing and Urban Development (HUD) Chapter 10 Housing Quality Standards as referenced
in the Housing Choice Voucher Program Guidebook 7420.10G effective as of April 2001. The Occupational Safety and Health
Administration’s (OSHA) standards for Temporary Labor Camps in 29 U.S.C. s. 655, and HUD’s Chapter 10 Housing Quality
Standards in the Housing Choice Voucher Program Guidebook 7420.10G, are herein adopted and incorporated by reference. A copy
of the OSHA Standards can be obtained at
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9791 or U.S. Government Printing
Office, 732 N. Capital Street, Washington, DC 20401. A copy of the Chapter 10 HUD Housing Quality Standards referenced in the
Housing Choice Voucher Program Guidebook can be obtained at the U.S. Department of Housing and Urban Development Office
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located at Brickell Plaza 909 S. E. 1st Ave., Room #500, Miami, Florida 33313 or at
http://www.doh.state.fl.us/environment/community/migrant-labor/index.html. Any housing that is furnished as a condition of
employment so as to subject it to the requirements of OSHA shall only be inspected under the OSHA standards. This applies to
migrant labor camps as that term is defined in subsection 64E-14.002(14), F.A.C. The HUD standards are applicable only to housing
authority projects funded to house migrant and seasonal farmworkers. Mobile Home Parks that have 5 or more seasonal or migrant
farmworkers as occupants of the park will be issued a revised Mobile Home/RV Park and Residential Migrant Housing Permit.
(2) Application for Permits.
(a) All applications for a permit to operate a migrant labor camp or residential migrant housing shall be filed with the
department at least 30 days prior to the date of operation on DH Form 4082, Application For A Migrant Labor Camp Permit, Sept.
98, incorporated herein by reference. DH Form 4082 is available at county health departments located in each county or at
http://www.doh.state.fl.us/environment/community/migrant-labor/index.html. Completed applications required in this subsection
shall be submitted to the county health department where the farmworker housing is located and shall be accompanied by the fee
specified in Rule 64E-14.005, F.A.C.
(b) In the event of a change of ownership of a migrant labor camp or residential migrant housing, the new owner shall file DH
Form 4082 with the department at least 15 days before the change of ownership occurs and pay the application fee amount
designated in Rules 64E-14.005(1)-(3), F.A.C.
(3) Permit. Prior to the issuance of a permit, the department shall perform an initial inspection to determine whether the
proposed migrant labor camp or residential migrant housing operation conforms to the minimum standards established in (1) of this
rule. The department shall issue a permit for operation of the migrant labor camp or residential migrant housing upon all violations
being successfully corrected after the initial inspection. The department will accept a recent (within three months) satisfactory
federal sanitation inspection report, form HUD 9822, as a substitute for a pre-occupancy inspection of housing authority projects. A
permit shall be required and must be obtained annually for each such migrant labor camp or residential migrant housing. Permits
shall expire on September 30 next after the date of issuance and shall not be transferable.
(4) Inspections.
(a) Migrant labor camps and residential migrant housing occupied 6 weeks or more during a quarter shall be inspected at least
twice quarterly during periods of occupancy. Migrant labor camps and residential migrant housing occupied less than 6 weeks
during the quarter shall be inspected at least once during the quarter within that 6 week period. Proper documentation must be
provided from the owner, operator or person in charge, clearly indicating the period of occupancy. Such documentation may include
letters, memos, applications, or inspection forms.
(b) HUD Housing Authorities shall only be inspected twice annually.
(c) Migrant farmworker occupied mobile homes in a mobile home park meeting the 5 or more seasonal or migrant farmworker
requirement, will be inspected and required to meet the migrant program standards when issued a revised Mobile Home/RV Park
and Residential Migrant Housing Permit. Inspections shall be conducted using inspection form DOH 4060, effective 01/05, Migrant
Labor Camp or Residential Migrant Housing Inspection Report, herein incorporated by reference, in accordance with this paragraph.
The form may be obtained at the county health departments located in each county or at
http://www.doh.state.fl.us/environment/community/migrant-labor/index.html. Department personnel shall conduct inspections at
reasonable hours and in accordance with Section 381.0088, F.S.
(d) Field sanitation facilities inspections as defined in Rule 64E-14.016, F.A.C., shall be made at random in the normal course
of staff activities.
(5) Violations.
(a) When a major deficiency as defined in subsection 64E-14.002(12), F.A.C., is reported to housing permittees or supervisors,
a maximum of 48 hours shall be given to make corrections or provision for corrections that meet the requirements of this chapter.
The permittees or supervisors must submit proof (i.e., receipt, estimates or cost analysis sheet, etc.,) to the department’s staff at the
time of the reinspection to show that the major deficiency has been corrected or is in the process of being corrected within the 48
hours timeframe allotted by this rule. The documents presented to the department’s staff must come from companies or persons
licensed to provide the required services (i.e., licensed septic tank contractors, licensed plumbers, contractors licensed in building
trades and other professions). If the department grants the permittee a time extension to correct the violation, the permittee must
provide documentation showing that provisions have been made to correct the major deficiency within 48 hours from the issuance of
the extension issued by the county health department staff. The documentation must include a start and completion date by which
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the major deficiency will be corrected. The major violation must be corrected on or by the date indicated in the documentation,
otherwise, the department will issue a citation with a fine. Three or more violations which constitute major deficiencies as defined in
subsection 64E-14.002(12), F.A.C., cited during an inspection shall be cause for the department to seek legal remedy in accordance
with Rule 64E-14.023, F.A.C.
(b) Continual or repeat violations of the same inspection items related to migrant farmworker housing are cause for the issuance
of a citation imposing a fine. A continual or repeat violation is a violation that occurs 3 or more times during a permit year.
(6) Complaints. Any person may file a complaint when they believe that any occupied migrant labor camp or residential migrant
housing is in violation of any housing standard contained herein. Such complaint may be made to a county health department or to
the Bureau of Community Environmental Health. Upon receipt of the complaint, county health department staff shall inspect the
housing identified to determine if a violation does exist. Should the complaint allege a major deficiency at the migrant labor camp or
residential migrant housing, the inspection shall be made as soon as practicable. All other complaints will result in a notification to
the owner and operator advising them of the complaint and that the alleged violation must be remedied within 3 business days. The
department shall conduct an inspection as soon as practicable following such three day period to confirm that the violations have
been corrected. When the alleged violations have been corrected, the complainant and the owner and operator shall be notified in
writing within 15 working days of the outcome of the complaint and the closure of the complaint process. Upon request of the
complainant, the department shall conduct the inspection so as to protect the confidentiality of the complainant.
(7) Retaliation Prohibited. Migrant labor camp and residential migrant housing residents and occupants who make complaints in
good faith about housing and sanitary conditions shall not be retaliated against by the owner or operator. Examples of conduct for
which an owner or operator may not retaliate are stated in 381.00895, Florida Statutes.
Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0081, 381.0082, 381.0083, 381.00893 FS. History–New 1-1-77, Amended 10-
7-84, Formerly 10D-25.54, Amended 8-6-92, 11-17-94, Formerly 10D-25.054, Amended 6-23-98, 9-12-99, 9-30-08.
64E-14.005 Application and Variance Fees.
The following application fees for migrant labor camp and residential migrant housing operations shall be assessed annually, with
the exception of those facilities meeting the criteria in subsection (4) of this section:
(1) Camps or housing with facilities for 5 to 50 occupants: $125.
(2) Camps or housing with facilities for 51 to 100 occupants: $225.
(3) Camps or housing with facilities for 101 or more occupants: $500.
(4) Migrant labor camps and residential migrant housing, which have been newly constructed and those which have been
substantially renovated are exempt from the annual application fee required in this rule for the next annual permit after the
renovation or construction occurred. The owner or operator of a mobile home/RV park as defined in Chapter 513, F.S., that is also
regulated as migrant farmworker housing, shall only be required to pay a single park fee, unless there have been major deficiencies
or uncorrected deficiencies cited by the department, or administrative action taken within the past year regarding the requirements
for migrant labor camps and residential migrant housing set forth in Chapter 381, F.S., in which case the applicant shall pay the fee
required in Section 381.0084, F.S.
(5) Permitted migrant labor camps and residential migrant housing are exempt from the application fee when the following three
conditions have been met during the inspection year:
(a) Had no uncorrected violations after reinspection by the department:
(b) Had no pending administrative complaint or citation final orders;
(c) Had no major deficiencies cited by the department.
(6) Each $100 fee collected for requests for variances shall be deposited to a unique revenue code and shall be used solely for
the enhancement of the Migrant Labor Camp and Residential Migrant Housing Program.
Rulemaking Authority 381.006(5), 381.0086 FS. Law Implemented 381.0084 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.55,
Amended 8-6-92, 11-17-94, Formerly 10D-25.055, Amended 6-23-98, 9-12-99, 9-30-08.
64E-14.006 Sites.
(1) All sites shall be well drained, free from standing water, and maintained to inhibit the breeding of mosquitoes. Natural
sinkholes, swamps, pools, or other surface collections of water are not allowed within 200 feet of the periphery of the outermost
building, unless such quiescent water surfaces can and will be subjected to mosquito control measures. A government created
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surface water diversion pool built within 200 feet of the outermost shelter after the origination of the housing shall not disqualify the
housing from meeting this location standard.
(2) Structures in which food is prepared or served and where sleeping quarters are located shall be more than 500 feet from any
area where livestock is kept.
(3) All shelter sites shall be adequate in size to permit locating of buildings so as to minimize the hazards of fire.
(4) Roads – Roads shall be designed and maintained to accommodate in a safe manner the vehicles accessing the facilities.
Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.57,
Amended 8-6-92, 11-17-94, Formerly 10D-25.057, Amended 9-30-08.
64E-14.007 Buildings and Structures.
(1) Buildings and structures of migrant labor camps and residential migrant housing shall be weather-tight and shall provide
protection from the elements. Steps, porches, hallways and other means of egress shall be sturdy and safe. At least one-half of the
floor area of private living quarters shall have a minimum ceiling height of seven feet, except for manufactured trailers which must
have a minimum ceiling height of six and one-half feet. All private living quarters of migrant labor camps and residential migrant
housing constructed, enlarged, or renovated after September 1, 1992 shall have ceiling heights of seven feet or more. Floors used in
private living quarters shall be constructed of wood, concrete or other comparable material. Wooden floors shall be of tight durable
construction with a cleanable finish. Floor coverings shall be easily cleanable and maintained in good condition, free from obvious
soiling.
(2) Buildings and structures in all migrant labor camps and residential migrant housing shall have the corresponding utility
connections for equipment required by this rule during occupancy. The owner or operator responsible for the building or structure
shall ensure that all required heating, cooking, and water heating equipment is provided. The owner or operator is responsible for
ensuring that the equipment is installed in accordance with state and local ordinances, codes, and regulations governing such
installations.
(3) Every room used for sleeping purposes in private living quarters shall provide a minimum of 50 square feet of floor space
for each occupant. In a room where workers cook, live, and sleep, a minimum of 100 square feet of floor space per person shall be
provided.
(4) The floors, roofs, and exterior walls, and ceilings of all buildings and structures shall be sound and in good repair. Wooden
exteriors of shelters shall either be constructed of decay resistant wood, painted with a lead-free paint, or covered with another type
of protective coating.
(5) Rooms used for sleeping purposes and common areas in private living quarters shall have at least one window opening
directly to the outside. The minimum total window area of a migrant labor camp or residential migrant housing shall equal ten per
cent of the floor area of each room. In addition, at least one-half of each window shall be constructed so that it can be easily opened
for ventilating the room except where department approved mechanical ventilation is provided. In computing total window area and
openable window area, jalousie doors may be counted.
(6) Facilities established as migrant labor camps prior to 1980 which were in compliance with the U.S. Department of Labor,
Employment Training Administration's standards of 20 C.F.R., Section 620, shall be deemed in compliance with the space
requirement.
Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.58,
Amended 8-6-92, 11-17-94, Formerly 10D-25.058, Amended 9-30-08.
64E-14.008 Water Supply.
(1) An approved or permitted supply of potable water under pressure that conforms with the requirements of Chapter 62-550,
62-555, and 62-560, F.A.C., or Chapter 64E-8, F.A.C., shall be available at all times during occupancy in each migrant labor camp
and residential migrant housing for drinking, culinary, bathing, dishwashing, and laundry purposes.
(2) The water supply shall be capable of providing at least 50 gallons per person per day.
(3) Adequate facilities for providing hot water at a minimum 110 degrees Fahrenheit for bathing and dishwashing purposes shall
be available at all times during periods of occupancy.
Rulemaking Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.59,
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Amended 8-6-92, 11-17-94, Formerly 10D-25.059.
64E-14.009 Garbage and Refuse Disposal.
(1) Garbage shall be retained in cleanable, watertight receptacles of impervious material which are provided with tight fitting
covers suitable to protect the contents from flies, insects, rodents and other animals. Receptacles shall be provided in sufficient
quantity to store garbage from all buildings and housing units.
(2) Garbage containers shall be kept clean and shall be emptied on a regular basis, but not less than twice weekly.
(3) Provisions shall be made for disposing of the garbage, kitchen wastes and other refuse in accordance with Chapter 62-701,
F.A.C., and local codes, as applicable.
Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.60,
Amended 8-6-92, 11-17-94, Formerly 10D-25.060, Amended 9-30-08.
64E-14.0095 Pesticide Use, Storage and Disposal.
(1) All empty pesticide containers shall be securely placed in a plastic bag and properly disposed into a garbage receptacle or in
accordance with EPA pesticide disposal guidelines found at: http://www.epa.gov/pesticides/regulating/disposal.htm, or disposed of
according to the label on the product. Empty pesticide containers must not be reused to store any other substance other than the same
kind of pesticide that originally came in the container.
(2) All common household pesticides, such as roach spray, chlorine bleach, kitchen and bathroom disinfectants, rat poison,
insect and wasp sprays, repellents, baits, flea and tick shampoos, dips for pets and any other pesticide products applied in the
migrant housing unit must be used according to the distributor or manufacturer’s label on the product. All pesticide containers shall
contain their original product and the containers shall be properly labeled. Pesticide containers found with products other than the
original contents shall be discarded immediately.
(3) Containers containing common household pesticides used within migrant and seasonal farmworker housing units must be
properly stored in a safe place, such as in a closet or cabinet away from food and other consumable items. In housing units where
children reside, the common household pesticides must be stored out of the reach of children in a locked cabinet or closet away from
children. Toxic chemicals must be stored out of the reach of children and in a locked area if children are residing in the home.
(4) Farming tools shall not be stored in the migrant and seasonal farmworker housing units.
Rulemaking Authority 381.006, 381.0086(1) FS. Law Implemented 381.0086(1) FS. History–New 9-30-08.
64E-14.010 Vermin Control.
Effective measures shall be taken to prevent infestation by and harborage of vermin. All migrant and seasonal farmworker housing
units shall be free of all vermin and maintained in a vermin free and vermin proof condition. All outside openings shall be
effectively sealed or screened with a 16 mesh screen or equivalent in order to prevent entry of insects, rodents, or other vermin. If
evidence shows that an infestation of vermin is found in the housing units, the owner or operator of the housing unit will be required
to hire a licensed or certified exterminator to exterminate the vermin found in the housing unit. The owner or operator shall inform
the migrant or seasonal farmworkers by posting a notice in the camp or housing unit to which it applies of any indoor application of
pesticides prior to the application. When a licensed or certified exterminator applies pesticides in the home unit, the owner or
operator shall obtain from the licensed or certified exterminator information about the potential risks and safety precautions that
must be taken. The owner or operator shall share the information with the farmworkers and other household occupants. The owner
or operator shall provide proof to the county health department official at the next inspection that the housing unit was exterminated
by a certified exterminator, with a receipt for the extermination service rendered. Failure by the owner or operator to provide proof
to the department that measures taken to control vermin in the housing unit are department approved, shall constitute a violation of
this chapter.
Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.61,
Amended 8-6-92, 11-17-94, Formerly 10D-25.061, Amended 9-30-08.
64E-14.011 Heating.
(1) All private living quarters, and bathrooms of migrant labor camps and residential migrant housing shall be equipped with
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heat producing devices to maintain a room temperature of 68 degrees Fahrenheit.
(2) Heating appliances, other than electrical, shall be provided with a flue pipe or vent connected to the appliance and
discharging to the outside air. Cooking facilities shall not be considered heating equipment.
(3) Automatically operated heat producing equipment shall be provided with controls to cut off the fuel supply upon the failure
or interruption of flame or ignition or whenever a predetermined safe temperature or pressure is exceeded. All steam and hot water
systems shall be provided with safety devices designed to prevent hazardous pressures and excessive temperatures.
Rulemaking Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.62,
Amended 8-6-92, 11-17-94, Formerly 10D-25.062.
64E-14.012 Lighting.
Each private living quarter in a migrant labor camp or residential migrant housing shall be provided with at least one ceiling or wall
type light fixture capable of providing 30 foot candles of light at a point 30 inches from the floor and at least one separate double
electric wall outlet. Interior areas in which people congregate, laundry rooms, shower rooms and toilet rooms shall be provided with
a minimum of one ceiling or wall type fixture capable of providing at least 20 foot candles of light at a point 30 inches from the
floor. Electric wiring shall be installed in accordance with the provisions of city or county electrical codes. Light bulbs shall be
furnished in all facilities.
Rulemaking Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.63,
Amended 8-6-92, 11-17-94, Formerly 10D-25.063.
64E-14.013 Sewage and Liquid Waste Disposal.
(1) Approved facilities shall be provided and maintained in all migrant labor camps and residential migrant housing for the
satisfactory disposal and treatment of excreta and liquid waste.
(2) Such facilities shall be constructed and maintained in compliance with Chapter 64E-6 or Chapter 62-600, F.A.C.
Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.64,
Amended 8-6-92, Repromulgated 11-17-94, Formerly 10D-25.064, Amended 9-30-08.
64E-14.014 Plumbing.
All plumbing in migrant labor camps and residential migrant housing shall be in compliance with provisions of local plumbing
codes.
Rulemaking Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.65,
Amended 8-6-92, Repromulgated 11-17-94, Formerly 10D-25.065.
64E-14.015 Personal Hygiene Facilities.
(1) Personal Hygiene Facilities Requirements for Migrant Labor Camps and Residential Migrant Housing Ratio Chart of
Number of Facilities to Number of People.
Constructed Prior Constructed/Renovated (or facilities permitted for the first time)
September 1, 1992 After September 1, 1992
Toilets Male Female Male Female
1:15 1:20 1:12 1:8
Up to 84 Up to 64
Above 84 Above 64
1:15 1:12
Urinals 1:25 1:20
Up to 160
Above 160
1:40
Showers or Baths 1:20 1:20 1:15 1:15
Handwash 1:20 1:20 1:6 1:6
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Drinking Fountain None 1:50
Laundry 1:25 Families 1:30 Farmworkers
(Note: Drinking water fountain ratio pertains to dormitories and barracks only)
(2) A toilet, hand washing, and bathing facility shall be located within 200 feet of each sleeping area of a migrant labor camp.
(3) Where toilet rooms are shared, such as in multi-family housing units and barracks, toilet facilities shall be provided for each
sex. These rooms shall be distinctly marked “Men” and “Women” by signs printed in English and in the native language of the
persons occupying the camp. If the facilities for each sex are in the same building, they shall be separated by a solid wall or partition
extending from the floor to the roof or ceiling. All group toilet rooms in migrant labor camps and residential migrant housing shall
be constructed with privacy partitions between each water closet to block the occupants from view. All privacy partitions for toilets
shall have doors. All toilet facilities shall be equipped with a self closing entrance door and maintained in good repair, cleaned with
a disinfectant and provided with toilet paper and a garbage receptacle.
(4) Each individual family unit shall contain at least one flush toilet, bathing facility and hand washing unit. If there are minor
children in the family, there must be private bathing and toilet facilities provided within the individual living quarters of the family.
(5) Toilet rooms in individual family units shall be so located that no individual is required to pass through a sleeping area,
other than their own, in order to use toilet facilities. Adequate lighting shall be provided in all toilet rooms. Toilet rooms shall be
ventilated to the outside when there is no window. No flush toilet fixture or urinal shall be located in a sleeping room.
(6) The floors of hand washing, bathing and laundry facilities in migrant labor camps and residential migrant housing shall be of
smooth but non-skid finish, impervious to moisture, and sloped to drain.
(7) A laundry facility shall consist of a two compartment stationary tub or an electric washer and dryer. Except as provided
elsewhere in this rule, there must be at least one laundry facility provided at each migrant labor camp and residential migrant
housing establishment. In the event the laundry facility is not located on the premises of residential migrant housing establishments,
the owner or operator of the residential migrant housing must either install a laundry facility on the premises or provide
transportation to the laundry facility for the migrant or seasonal farmworkers occupying the permitted residential migrant housing.
The owner or operator must provide transportation to the laundry facility at least twice a week for the migrant or seasonal
farmworkers.
(8) A separate laundry basket shall be provided by the owner or operator for farmworkers to separate the workers’ soiled
clothing worn in the fields from other clothing worn in the home. The laundry basket must be labeled in the native language of the
majority of the farmworkers and in English (for example, Spanish and English, Haitian Creole and English, Vietnamese and
English) as: “Dirty Field Clothing, Wash Separately”. The owners and operators shall obtain a copy of the United States
Environmental Protection Agency’s mini booklet entitled “Steps to Protect Yourself from Pesticides” at
http://www.cdc.gov/nasd/docs/d000701-d000800/d000732/d000732.html or from the county health department to distribute to the
migrant and seasonal farmworkers. The booklet contains educational material in Spanish, English and Haitian Creole, explaining the
precautionary measures that must be taken to prevent pesticide poisoning in the home as well as explaining the importance of
separating soiled field clothing from other clothing worn in the home. The booklets provided must be in the native language of the
migrant and seasonal farmworkers. The owners or operators shall obtain a list of contact information for the migrant and seasonal
farmworkers directing them where to seek medical attention and where to report a poisoning incident. The list shall be displayed in a
conspicuous place in a common area in the migrant labor camp or residential migrant housing units for the health official to view
during the inspections.
(9) Floor drains properly trapped shall be provided in all shower baths and shower rooms to remove waste water and facilitate
cleaning. The walls and partitions of shower rooms shall be smooth and impervious to moisture. A hose bib equipped to prevent
backflow is required in each communal shower area. Soap and single service hand drying facilities shall be provided at communal
personal hygiene facilities.
Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.66,
Amended 8-6-92, 11-17-94, Formerly 10D-25.066, Amended 9-30-08.
64E-14.016 Field Sanitation Facilities.
Field Sanitation Facilities Requirements
Number of persons Toilets Hand Washing Units Drinking Water
5-10 1 1 Yes
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(1) Where 5 to 10 hand-laboring farmworkers are employed in one location at one time, a field sanitation facility, consisting of
1 toilet facility and 1 hand washing unit shall be provided. The toilet and hand washing unit shall be located adjacent to each other.
The facility shall be located within a one-quarter-mile walk of any hand-laborer's place of work in the field. Where it is not feasible
to locate facilities as required above due to terrain, the facilities shall be located at the point of closest vehicular access.
(2) Field toilet facilities shall be constructed and maintained in accordance with provisions of Rule 64E-6.0101, F.A.C., emptied
at least weekly, and provide a minimum storage capacity of 50 gallons per unit. Waste from all field toilet facilities shall be disposed
by a method approved by the county health department. The department shall approve portable water flushed units when determined
appropriate for a particular situation. Toilet facilities shall have a screened ventilation opening and self-closing doors that can be
closed and latched from the inside and shall be constructed to ensure privacy.
(3) Field hand washing units shall be convenient and supplied with potable water in portable containers and shall be provided
with soap or other cleanser and single use hand-drying towels. A waste container shall be provided for the used towels, and the
wastewater from the hand washing unit shall not cause a sanitary nuisance.
(4) Drinking water shall be potable and provided in containers constructed of smooth, impervious, corrosion resistant material
Hydrocoolers or water coolers constructed as such are acceptable for use. Potable water containers shall be maintained by sanitary
methods. The interiors of potable water containers shall be cleaned and sanitized at least daily. The containers shall be marked with
the words “Drinking Water”, in English and in the native language of the majority of the workers. Single service cups shall be
provided unless bottled water is provided or water is dispensed from a fountain equipped with an angled, protected jet outlet. Ice
used for cooling drinking water shall be made from potable water. The water shall be suitably cool and in sufficient amounts, taking
into account the air temperature, humidity and the nature of the work performed, to meet the needs of all employees. County health
department staff, during the normal course of their work, shall take water samples at random to ensure the potability of the drinking
water.
(5) The owners, operators, crewleaders, or primary persons in charge shall ensure that sanitary facilities are available
(handwashing receptacles, soap, water, etc.) to allow for washing of hands after working in the fields and before drinking, eating or
smoking tobacco. Farmworkers shall be reminded not to eat unwashed produce from the field or use pesticide containers or other
items from the field for food or drinking containers to prevent accidental ingestion of pesticide residues.
Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.67,
Amended 8-6-92, 11-17-94, Formerly 10D-25.067, Amended 9-12-99, 9-30-08.
64E-14.017 Food Service Facilities.
(1) In each individual family unit, there shall be provided a range, a sink supplied with hot and cold water under pressure, and a
refrigerator-freezer capable of maintaining temperatures at or below 41 degrees Fahrenheit for the refrigerator and at or below 0
degrees Fahrenheit for the freezer.
(2) In structures without a central mess, cooking facilities shall be provided for use by all occupants. Ranges, refrigerator-
freezers, and sinks supplied with hot and cold water under pressure shall be provided in a ratio of one to 10 persons or fraction
thereof. Provision shall be made for safe storage and refrigeration of food. Commissaries operated for the use of the occupants of the
housing and not permitted by the Department of Business and Professional Regulation shall be inspected by department staff.
(3) In facilities where there is a central mess servicing a dining room or mess hall, the central mess shall be operated and
equipped in compliance with Chapter 64E-11, F.A.C. A separate permit for operation of the central mess in the migrant labor camp
shall be required.
(4) Field kitchens shall be inspected and shall comply with Chapter 64E-11, F.A.C.
(5) Field kitchens, dining rooms, mess halls for migrant labor camps and other areas where food is prepared or served shall be
protected with screening of not less than 16 mesh. All screen doors shall be self closing and open outward.
Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.68,
Amended 8-6-92, 11-17-94, Formerly 10D-25.068, Amended 9-30-08.
64E-14.018 Sleeping Facilities, Beds and Bedding.
(1) Sleeping facilities shall be available to each migrant labor camp and residential migrant housing occupant. Barracks type
facilities which are designed or operated for both sexes shall contain separate sleeping facilities for each sex. Sleeping facilities shall
consist of beds, or, cots or bunks complete with mattresses. The operator shall monitor the sleeping facilities to ensure the areas are
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clean and that bedding is clean and free from rips and holes. All mattresses must either be replaced or cleaned when soiled or include
a clean protective mattress covering made of a material, such as cloth. The covering shall also be smooth and easily cleanable. The
covering must be designed to remain intact and protect the mattress from getting soiled. Bed coverings shall be kept clean and in
good repair. The owners and operators of the migrant labor camps or residential migrant housing will be responsible for ensuring the
protective mattress covers remain intact over the mattresses in use during the periods of occupancy.
(2) Weekly inspection of beds and bedding by the operator shall be made to ensure control of vermin. When vermin are found
or reported, effective extermination measures shall be undertaken immediately.
(3) Every bed, cot or bunk in migrant labor camps and residential migrant housing covered by this chapter shall be elevated
from the floor. There shall be a clear ceiling height of not less than 36 inches above any mattress and there shall be a clear space of
not less than 27 inches between the top of the lower mattress and the bottom of the upper bunk of a double deck bed in facilities
regulated under this chapter. Triple deck facilities shall be prohibited. Single beds or bunks shall be provided for each of the
occupants in barracks facilities.
(4) Single beds, cots or bunks shall be spaced not less than 36 inches laterally or end to end and double-deck facilities shall be
spaced not less than 36 inches laterally or end to end. A minimum of four feet of clear aisle space shall be provided in all barracks
type facilities.
Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.69,
Amended 8-6-92, 11-17-94, Formerly 10D-25.069, Amended 9-30-08.
64E-14.019 Fire Protection.
County health department staff shall provide the local fire jurisdiction a copy of the annual listing and location of permitted migrant
farmworker housing facilities for proper inspection by the local fire jurisdiction.
Rulemaking Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.70,
Amended 8-6-92, 11-17-94, Formerly 10D-25.070, Amended 9-12-99.
64E-14.020 Citations, Fines.
(1) Citations shall describe the particular nature of the violation, including a specific reference to the provisions of statute or rule
allegedly violated. Each day the violation exists without being corrected constitutes a separate violation for which a citation may be
issued. The citation shall be issued to the owner, supervisor, or operator of the migrant farmworker housing or to the responsible
person for remedying the field sanitation facilities’ violation including the crew leader, the harvesting company, or the property
owner and when a responsible person cannot be identified, any of the above may be cited. The fines imposed by a citation issued by
the department may not exceed $500 for each violation.
(2) Field Sanitation Citation Fines.
(a) No soap, hand drying towels, or waste container for towel disposal. $50.00
(b) Toilet facilities are not screened or self-closing and do not ensure privacy. $75.00
(c) Hand washing facilities not available or not located adjacent to the toilet. Facilities not located within a quarter mile walking
distance from farmworkers. $100.00
(d) Water containers improperly constructed or not marked in English and the native language of the majority of the workers.
Single service cups not provided and ice not from an approved source. $100.00
(e) Waste water from hand washing facility causes a sanitary nuisance. The amount of drinking water available is not sufficient
to prevent dehydration or disease. Toilet facilities do not provide a minimum 50 gallon storage capacity. $250.00
(f) Sewage from toilet facilities is not properly disposed or toilet and drinking water facilities are not provided. First Offense
$250.00 Additional Offenses $500.00.
(3) To have the amount of the imposed fine reduced up to one-half, the citation recipient must submit physical proof to the
department’s county health department director, administrator, or other authorized staff that the violation was corrected within 48
hours from the time of the citation. In determining whether to reduce or waive the fine, the department shall give due consideration
to such factors as the gravity of the violation, the good faith in correcting the violation demonstrated by the person who has allegedly
committed the violation, and the person’s history of previous violations, including violations for which enforcement actions were
taken under this section or other provisions of state law.
(4) The citation recipient may request an administrative hearing within 21 days of the date of receipt of the citation by following
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procedures listed on the citation DOH Form 4084.
Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086, 381.0087 FS. History–New 1-1-77, Amended 10-7-84, Formerly10D-
25.71, Amended 8-6-92, 11-17-94, Formerly 10D-25.071, Amended 9-12-99, 9-30-08.
64E-14.021 Responsibility of Operator and Owners.
(1) The operator and owner shall be responsible for complying with all statutory requirements and rules issued thereunder
relating to migrant labor camps and residential migrant housing. Migrant housing owners or operators who have established rules for
access and visitation shall provide a copy of those rules to the county health department. The county health department shall
maintain on file a copy of the access and visitation rules provided by the housing management.
(2) The entire premises of a migrant labor camp and residential migrant housing shall be free from rubbish, waste paper,
garbage and other litter. When migrant farmworker housing is closed for the season, all garbage, litter and debris shall be removed
from the site.
(3) The owner, operator or his agent shall inspect daily or provide a competent individual to inspect daily the grounds and
common-use areas including toilets, showers, laundries, mess halls, dormitories, kitchens or any facilities relating to the operation of
the facility and ensure that each is maintained in a clean, satisfactory operating condition and kept in good repair.
Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086, 381.0087 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-
25.72, Amended 8-6-92, 11-17-94, Formerly 10D-25.072, Amended 9-12-99, 9-30-08.
64E-14.022 Supervision.
Facilities occupied by 50 or more persons shall be supervised by a resident supervisor who may be the operator or the operator's
agent or employee. All persons designated as camp supervisors shall be jointly responsible with the camp operator for the
maintenance of the facility. The name, telephone number, address or instructions on how to locate the operator and supervisor shall
be kept posted in a prominent and conspicuous location in the camp at all times. A telephone easily accessible to all occupants of the
facility shall be maintained during periods of operation. Operable pay phones will meet this requirement.
Rulemaking Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.73,
Amended 8-6-92, 11-17-94, Formerly 10D-25.073.
64E-14.023 Enforcement.
(1) Civil and Criminal Remedies. Any person who constructs, maintains, or operates a migrant labor camp or residential migrant
housing without first obtaining a permit or who maintains or operates a facility after revocation of the permit is subject to the
remedies and penalties described in Section 381.0012, 775.082, 775.083(1), (2), 381.0061, 381.0081(1)-(5) or 381.0087, F.S. This
includes a third degree felony offense for operating migrant housing without a permit and in violation of the provisions of Personal
Hygiene Facilities, Lighting, Sewage Disposal, or Garbage Disposal sections of this chapter. Migrant farmworker housing properties
owned or operated by persons convicted of a third degree felony for non-compliance with the provisions listed in the previous
sentence are subject to seizure by the department. Operators of migrant labor camps and residential migrant housing convicted of a
misdemeanor for violation of this chapter or issued cease and desist orders through civil injunctive processes for violations of this
chapter may have the permits revoked by the department. The department shall notify the operator in writing when such action is
taken. Cease and desist complaints shall be filed simultaneously when a county public health unit director or administrator declares
that a violation of this rule constitutes an immediate threat to the occupant’s or public’s health.
(2) Any person who interferes with, hinders, or opposes any employee of the department in the discharge of his or her duties
pursuant to the provisions of Chapter 381, 386, 513, or 514, F.S., or who impersonates an employee of the department, is guilty of a
misdemeanor of the second degree, punishable as provided in Section 775.082 or 775.083, F.S.
Rulemaking Authority 381.008-381.0086 FS. Law Implemented 381.0012, 381.0025, 381.0061, 381.0087 FS. History–New 1-1-77, Amended 10-7-
84, Formerly 10D-25.74, Amended 8-6-92, 11-17-94, Formerly 10D-25.074, Amended 9-30-08.
64E-14.024 Animal Health and Safety.
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(1) Animals requiring rabies vaccination under Section 828.30, F.S., must be vaccinated for rabies and their vaccinations must
be current at the time of inspection. Proof of a current vaccination certificate shall be kept by the owner/operator of migrant labor
camps or residential migrant housing and shall be made available to the department upon department request.
(2) All animals must be kept free from disease and in good health or under treatment by a licensed veterinarian.
(3) Aggressive, venomous, or potentially dangerous animals are not allowed in migrant labor camps or residential migrant
housing units.
Rulemaking Authority 381.006, 381.0086(1) FS. Law Implemented 381.0086(1) FS. History–New 9-30-08.
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Ordinance No. 17-XXX
File No.: TLDC 620165027 Page 1
Strikethrough = code being removed
Underline = new code added
ORDINANCE 17-XX
FILE NO.: TLDC 620165027
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY
AMENDING SECTION 2.00.00 DEFINITIONS TO CREATE A DEFINITION OF
“AGRICULTURAL LABOR HOUSING”: CREATING SECTION 7.10.08
AGRICULTURAL LABOR HOUSING FARMWORKER HOUSING TO ESTABLISH
SUPLEMENTAL STANDARDS FOR FARMWORKER HOUSING; PROVIDING FOR
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF
STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND
PROVIDING FOR CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) based
on the testimony and evidence, including but not limited to the staff report, has made the
following determinations:
1. On August 1, 1990, the Board of County Commissioners of St. Lucie County,
Florida, adopted the St. Lucie County Land Development Code.
2. On January 19, 2017, the Planning and Zoning Commission held a public hearing
on the proposed ordinance after publishing due notice in the St. Lucie News
Tribune and recommended that the proposed ordinance be forwarded with a
recommendation for approval.
3. On XXX, this Board held its first public hearing on the proposed ordinance, after
publishing due notice in the St. Lucie News Tribune.
4. On XXX, this Board held its second public hearing on the proposed ordinance,
after publishing due notice in the St. Lucie News Tribune.
5. The proposed amendments to the St. Lucie County Land Development Code are
consistent with the general purpose, goals, objectives and standards of the St.
Lucie County Comprehensive Plan and are in the best interest of the health safety
and public welfare of the citizens of St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida:
PART A.
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Ordinance No. 17-XXX
File No.: TLDC 620165027 Page 2
Strikethrough = code being removed
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The St. Lucie County Land Development Code is hereby amended to by amending Section
2.00.00 (Definitions) to add the following definition:
2.00.00 DEFINITIONS
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Agricultural labor housing: Any person employed in hand labor operations in planting, cultivation, or
harvesting agricultural crops.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PART A.
The St. Lucie County Land Development Code is hereby amended to create Section 7.10.08 Rural
and Farmworker Housing to read as follows:
7.10.08 AGRICULTURAL LABOR RURAL AND FARMWORKER HOUSING
A. Purpose.
The purpose of this section is to recognize and provide temporary housing for farm laborers
working at agricultural operations in St. Lucie County in the AG-1, AG-2.5, and AG-5 Zoning
Districts. Agricultural Labor Housing is permitted as a Conditional Use subject to Section
11.07.00 and the requirements of this Section. It is the intent of these standards to meet the
particular needs of the farm labor industry through design standards while protecting the health,
safety and general welfare of the farm laborers and the general public. It is further the intent of
this section that such housing will be used exclusively for agricultural housing purposes.
Farmworker housing is encouraged to be clustered. Agricultural labor housing shall be subject to
the Florida Building Code.
B. Housing types.
These standards apply to the following housing types as agricultural labor housing, either as
principal buildings or accessory buildings in the AG-1, AG-2.5 and AG-5 Zoning Districts:
1. Duplexes.
2. Multiple-family dwellings.
C. Accessory uses.
In addition to uses and structures that are accessory and incidental to farm labor housing uses,
the following specific accessory uses may be located on the property as an accessory use:
1. Caretakers' residences.
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Ordinance No. 17-XXX
File No.: TLDC 620165027 Page 3
Strikethrough = code being removed
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D. Conditional Use.
No Agricultural Labor Housing shall be constructed until a request for Conditional Use has been
approved by the Board of County Commissioners.
E. Standards
1. No agricultural labor camp shall be located within one mile of another agricultural labor
camp within unincorporated St. Lucie County.
2. Agricultural labor housing shall be set back a minimum of 100 feet measured from the
front property line and all public or private right of way lines.
3. No on-site farm labor housing shall exceed in land area three (3) percent of the gross
acreage of the agricultural operation, or twenty (20) acres, whichever is less. Off-site
farm labor housing shall have a land area of not less than five (5) acres.
4. A minimum of 2,000 square feet of open space and recreation area shall be provided
for each dwelling unit.
5. Certification of compliance of structures built under this section with the Florida
Department of Health, pursuant to Chapter 64E-14, F.A.C. (Florida Administrative
Code), as a migrant labor camp shall be required. The St. Lucie County Planning and
Development Services Director shall be copied on the written notice of intent to the
Department of Health required in FAC 64E-14.0003.
6. The owner of an Agricultural Labor Housing development shall provide copies of the
Florida Department of Health biannual inspections to the Planning and Development
Services Director to be filed with the Conditional Use Permit.
7. No agricultural labor housing structure shall be used as a permanent residence.
8. In the event of a change of ownership of an agricultural labor housing development,
the new owner shall submit an application for a minor adjustment to the Conditional
Use Permit within ninety (90) days of the date the change in ownership is recorded in
the public records of St. Lucie County.
9. Agricultural labor housing shall comply with landscaping requirements in accordance
with Section 7.09.00 of the County Land Development Code.
10. Each structure shall provide adequate space and facilities for food storage, cooking,
cleaning, bathing, laundry and toilet areas.
11. If required by Fire Code and Florida Building Code or rules of the Florida Department
of Health, fire suppression methods shall be installed in each structure used for
farmworker housing.
12. The maximum number of dwelling units shall not exceed one unit per gross acre.
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Ordinance No. 17-XXX
File No.: TLDC 620165027 Page 4
Strikethrough = code being removed
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13. The minimum setbacks for structures from property lines shall be consistent with the
zoning district. Agricultural labor housing sites that utilize a portion of a parcel or larger
project shall provide an overall boundary survey of the entire parcel or project area
with the five acres housing site delineated. Any existing or proposed non-farmworker
housing buildings on the overall parcel shall be shown along with the distance between
the proposed housing and other existing or proposed structures.
G. Site plan
Every conditional use application for Agricultural Labor Housing must include a site plan
consistent with Section 11.02.04, including the following additional information:
1. The site plan shall include a statement that the units shall solely be occupied by
individuals on a temporary basis who are employed in active on-site agricultural
operations or agricultural operations located on other properties leased by the owner
or under the same ownership as the subject project site.
2. A map indicating the location and distance of both off-site agricultural operations at
which the laborers will be working and the housing shall be provided.
3. The area and dimensions of the land to be devoted to the housing development.
4. The layout of building sites and type of proposed structures.
5. Actual yard dimensions for each dwelling unit lot.
6. The floor plan showing the square footage and dimensions of all rooms and the list of
the maximum number of persons who may occupy the structure.
7. Location, size and type of utilities.
8. Environmental Impact Report, conforming to Section 11.02.09(A)(5) of the Land
Development Code.
9. Traffic Impact Report or Study, as needed or required by Land Development Code
Section 11.02.04.
10. Location of an onsite garbage dumpster(s) meeting the provision of Land Development
Code Section 7.09.04 (F).
11. The plan shall identify and label all common areas as defined in FAC 64-E-14.002. At
least one of these areas shall be a level turf field of dimensional proportion to allow
outdoor recreational activities, such as badminton or soccer.
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Ordinance No. 17-XXX
File No.: TLDC 620165027 Page 5
Strikethrough = code being removed
Underline = new code added
12. The site plan shall include the following statement:
Notice of Conveyance. Wherever an interest in real property within an area covered
by an approved conditional use for agricultural labor housing is sold, the seller shall
attach to the instrument of sale, a notice directing the buyer's attention to such approval
(including any amendment) and the area of the lot of record used as a basis for the
farm worker housing. The notice shall also generally apprise the buyer of the
development rights, requirements, and remedies provided under such approval, under
this Code. Such notice shall be on a form approved by the Planning and Development
Services Director.
H. Design standards; required facilities
1. The proposed development will not have an undue adverse effect upon nearby
properties and character of the neighborhood.
2. Steps shall be taken to minimize any adverse effect on the immediate vicinity through
building design, site design, landscaping and screening.
3. Adequate public facilities and services for potable water, solid waste disposal, an
approved sanitary sewage disposal system, including roads, police protection, fire
protection and electric power must be located in each dwelling unit.
4. At least five percent of the units (but not less than one unit) must be constructed as
fully accessible units to persons with disabilities, in accordance with the Fair Housing
Act.
PART C. 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 D. 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 E. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
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Ordinance No. 17-XXX
File No.: TLDC 620165027 Page 6
Strikethrough = code being removed
Underline = new code added
PART F. 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 G. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
PART H. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chris Dzadovsky, Chair XXX
Todd Mowery, Vice-Chair XXX
Frannie Hutchinson, Commissioner XXX
Linda Bartz, Commissioner XXX
Cathy Townsend, Commissioner XXX
PART I. 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 other appropriate word, and the
sections of this ordinance may be renumbered or relettered to accomplish such intention; provided,
however, that Parts C through I shall not be codified.
PASSED AND DULY ENACTED this xx day of xx, 2017.
Attest: Board of County Commissioners
St. Lucie County, Florida
_______________________ By: ___________________________
Deputy Clerk Chairman
Approved As To Form and
Correctness:
By: ___________________________
County Attorney
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11.07.00. - CONDITIONAL USES
11.07.01. - General Provisions.
A. Purpose. The purpose of this section is to provide for uses that are generally compatible with the use
characteristics of a zoning district, but which require individual review of their location, design, intensity,
configuration, and public facility impact in order to determine the appropriateness of the use on any
particular site in the district and their compatibility with adjacent uses. Conditional uses may require
the imposition of additional conditions to make the uses compatible in their specific contexts.
B. Authority. The Board of County Commissioners may, in accordance with the procedures, standards,
and limitations of this Code, grant conditional use permits for those uses enumerated in each of the
zoning districts in Section 3.01.00 of this Code.
C. Requirement for Four-Fifths Vote When Protest is Filed. In the case of a written protest against an
application for a Conditional Use Permit, signed by the owners of fifty percent (50%) or more of the
area within five hundred (500) feet of the property affected by the proposed action, such Conditional
Use Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of
County Commissioners. Publicly owned right-of-way, although included in calculating the distance of
five hundred (500) feet referred to in the previous sentence, shall not be included in determining the
total of the area lying within five hundred (500) feet of the property involved in such proposed permit
application and the percentages referred to.
11.07.02. - Persons Entitled to Initiate Applications.
An application for a conditional use may only be submitted by the owner or any other person having a
contractual interest in the parcel of land proposed for conditional use.
11.07.03. - Standards for Review of Conditional Use Permits.
A conditional use permit shall be granted only if the applicant demonstrates the following:
A. Consistency With Local Code and Comprehensive Plan. The proposed conditional use is in
compliance with all requirements, and is consistent with the general purpose, goals, objectives, and
standards of this Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St.
Lucie County; and is in compliance with all additional standards imposed on it by the particular
provisions of this Code authorizing such use.
B. Effect on Adjacent Properties.
1. The proposed conditional use will not have an undue adverse effect upon nearby property.
2. The proposed conditional use is compatible with the existing or planned character of the
neighborhood in which it would be located.
3. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional
use on the immediate vicinity through building design, site design, landscaping, and screening.
4. The proposed conditional use will be constructed, arranged, and operated so as not to interfere
with the development and use of neighboring property, in accordance with applicable district
regulations.
C. Adequacy of Public Facilities. The proposed conditional use will be served by adequate public facilities
and services, including roads, police protection, fire protection, solid waste disposal, water, sewer,
drainage structures, parks and mass transit.
D. Adequacy of Fire Protection. The applicant for the proposed conditional use has obtained from the St.
Lucie County - Fort Pierce Fire Prevention Bureau written confirmation, or has otherwise demonstrated
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by substantial credible evidence, that water supply, evacuation facilities, and emergency access are
satisfactory to provide adequate fire protection.
E. Environmental Impact. For developments required to provide an environmental impact report under
Section 11.02.09(A)(5), the proposed conditional use will not contravene any applicable provision of
the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the
St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and
Associates, Inc. (August 1982).
11.07.04. - Conditions on Conditional Use Permits.
The Board of County Commissioners shall attach such conditions, limitations, and requirements to a
conditional use permit as are necessary to effectuate the purposes of Section 11.07.01; to carry out the
spirit and purpose of this Code and the St. Lucie County Comprehensive Plan; and to prevent or minimize
adverse effects upon other property in the neighborhood, including but not limited to limitations on size,
intensity of use, bulk and location, landscaping, lighting, the provision of adequate ingress and egress,
duration of the permit, and hours of operation. Such conditions shall be set forth expressly in the resolution
granting the conditional use permit.
A. Traffic Control Devices. Whenever, as the result of traffic generated by a proposed conditional
use, it is determined, based on the Manual on Uniform Traffic Control Devices, that there is a
need to install traffic control devices (including traffic signals, signing, and pavement markings),
the conditional use permit shall not be granted except upon the condition that the applicant be
responsible for installing all said devices and signs, or making an equitable contribution toward
such installation.
B. Access Improvements. A conditional use permit shall not be granted except upon the condition
that the applicant provide the access (ingress and egress) improvements determined to be
necessary as a result of traffic generated by the development.
C. Projects Requiring Other Regulatory Approval.
1. For proposed conditional uses requiring any permit from the United States Army Corps of
Engineers, the Florida Department of Environmental Regulation, the Florida Department of
Natural Resources, or any other state or federal regulatory authority, the Board of County
Commissioners shall not grant unconditionally a conditional use permit until it has received
from such agency notice of either issuance of or intent to issue the required regulatory permit.
2. The Board of County Commissioners may grant a conditional use permit contingent upon
receiving notice of either issuance of or intent to issue any required regulatory permit if it can
make, on a tentative basis and subject to confirmation, the findings required in Section
11.07.03(E). A conditional use permit granted contingent upon receiving notice of either
issuance of or intent to issue any required regulatory permit shall not preclude the Board of
County Commissioners, after reviewing the regulatory permit application and other
information, from revoking such contingent grant of a conditional use permit based solely
upon an inability to confirm the findings required in Section 11.07.03(E) or from protesting
the regulatory permit application.
D. Reduction In Maximum Residential Density. The Board of County Commissioners shall require a
reduction from the maximum residential density permitted in the zoning district in which a
conditional use is to be located when such allowable maximum residential density:
1. Would impose an excessive burden, as determined by recognized engineering or other
professional standards, on public facilities that would serve the proposed conditional use; or
2. Would contravene any applicable provision of the St. Lucie County Comprehensive Plan, or
of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study
Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August,
1982).
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11.07.05. - Application Procedures.
A. Pre-Application Conference. An application for conditional use is initiated by requesting in writing a
pre-application conference with the Growth Management Director. The request shall include a
description of the character, location and magnitude of the proposed conditional use, together with a
proposed timetable for development. The purpose of this meeting is to acquaint the applicant with the
requirements of this Code and the views and concerns of the County when positions are flexible. Within
twenty (20) days of the request, the Growth Management Director shall schedule a pre-application
conference with the applicant and other relevant County departments.
B. Filing Application for Conditional Use Permit.
1. Filing. After the pre-application conference, an applicant for a conditional use permit shall submit
an application to the Growth Management Director accompanied by a non-refundable fee as
established from time to time by the Board of County Commissioners to defray the actual cost of
processing the application. If, in accordance with Section 3.01.00, the specific conditional use
applied for requires site plan approval, the applicant shall submit a site plan meeting the
requirements of Section 11.03.00 of this Code. If, in accordance with Section 3.01.00, the specific
conditional use applied for does not require site plan approval, the applicant shall submit a written
statement of proposed use including, but not limited to, the nature of the use and the proposed
improvements to the site. Conditional use applications shall include a site plan if the proposed
use would be located in whole or in part in a one hundred (100) year floodplain or on North or
South Hutchinson Island. Applications for conditional use approval shall include such other
information or documentation as the Director deems necessary for the full and proper
consideration and disposition of the application.
2. Review by Growth Management Director.
a. Within twenty (20) days after an application for conditional use approval is submitted, the
Growth Management Director shall determine whether the application is complete. If the
Director determines that the application is not complete, he shall send a written statement
specifying the deficiencies to the applicant by mail. The Director shall take no further action
on the application unless the deficiencies are remedied.
b. Within thirty (30) days after the Growth Management Director determines that an application
for conditional use permit is complete, the Director shall review the application, make a
report, and notify the Planning and Zoning Commission that the application is ready to
review.
C. Hearing and Action by Planning and Zoning Commission.
1. Hearing. Upon notification that the application for a conditional use permit is ready for review, the
Planning and Zoning Commission shall place it on the next regularly scheduled agenda for public
hearing in accordance with the provisions of Section 11.00.03. The public hearing held on the
application for conditional use shall be in accordance with Section 11.00.04.
2. Review. In reviewing the conditional use application, the Planning and Zoning Commission shall
consider the report of the Growth Management Director; shall determine whether the proposed
use meets the standards in Sections 11.07.03, 11.07.04, and 3.01.00 for conditional uses; and
shall determine whether the proposed use meets all other provisions of this Code, the St. Lucie
County Comprehensive Plan, and any other applicable County Ordinance. The Planning and
Zoning Commission may recommend certain conditions be met before approval of the application.
3. Recommendation. Within a reasonable time of the conclusion of the public hearing, not to exceed
thirty (30) days, the Planning and Zoning Commission shall make a recommendation to approve,
approve with conditions, or deny the application.
D. Hearing and Action by Board of County Commissioners.
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1. Hearing. Upon notification of the recommendation of the Planning and Zoning Commission, the
Board of County Commissioners shall place the conditional use application on the next regularly
scheduled agenda for a public hearing in accordance with the requirements of Section 11.00.03.
The public hearing on the application shall be held in accordance with Section 11.00.04.
2. Review. In reviewing the application, the Board of County Commissioners shall consider the
report of the Growth Management Director and the recommendation of the Planning and Zoning
Commission; shall determine whether the proposed use meets the standards in Sections
11.07.03, 11.07.04, and 3.01.00 for conditional uses; and shall determine whether the proposed
use meets all other provisions of this Code, the St. Lucie County Comprehensive Plan, and any
other applicable County Ordinance. The Board may require certain conditions be met before
approval of the application.
3. Action. Within a reasonable time of the conclusion of the public hearing, not to exceed thirty (30)
days, the Board of County Commissioners shall approve, approve with conditions, or deny the
application for conditional use permit in accordance with Section 11.00.04(E). The decision on
the application shall be by resolution setting forth the findings of the Board of County
Commissioners and any condition, limitation, or requirement of such decision.
4. Notice of Action. Notification of the Board of County Commissioners' decision shall be mailed to
all parties, and the decision shall be filed with the Office of the Growth Management Director in
accordance with Section 11.00.04(F).
E. Development and Adjustment of an Approved or Existing Conditional Use.
1. Effect of Issuance of Conditional Use Permit. The issuance of a conditional use permit shall only
constitute approval of the proposed use, and development of the use shall not be carried out until
the applicant has secured all other permits and approvals required.
2. Adjustments to an Approved or Existing Conditional Use. Adjustments to a conditional use may
be permitted as follows:
a. Minor Adjustments - The Growth Management Director shall authorize minor adjustments to
a conditional use. Such minor adjustments shall be consistent with the intent and purpose of
the St. Lucie County Comprehensive Plan, this Code, the conditional use as approved or
existing, and shall be the minimum necessary. Such minor adjustments shall be limited to
the following:
1. altering the bulk of any one (1) structure by not more than twenty-five percent (25%);
or,
2 altering the location of any one (1) structure or group of structures by not more than ten
(10) feet; or,
3. altering the location of any circulation element by not more than ten (10) feet; or,
4. altering the location of any open space by not more than ten (10) feet; or,
5. reducing the total amount of open space by not more than five percent (5%) or reducing
the yard area or open space associated with any single structure by not more than five
percent (5%); or,
6. altering the location, type, or quality of landscaping elements; or,
7. change in project name or ownership of the property.
Notice of the authorization of such minor adjustments shall be provided to the Board of
County Commissioners.
b. Major Adjustments in Substantial Conformity.
1. Any other adjustment to a conditional use shall be a major adjustment and shall be
granted only upon application to and approval by the Board of County Commissioners,
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which shall grant approval for such other adjustment after a public hearing upon finding
that any proposed change in the conditional use as approved or existing will be in
substantial conformity with the original approval or the existing conditional use. The
Board of County Commissioners shall place the application for major adjustment on the
agenda of a regularly scheduled meeting for a public hearing in accordance with the
requirements of Section 11.00.03. The public hearing on the application shall be held
in accordance with Section 11.00.04.
2. If the Board of County Commissioners determines that the major adjustment is not in
substantial conformity with the original approval or the existing conditional use, then it
shall deny the application for adjustment. Such denial shall not preclude development
of an approved conditional use.
3. Inspections During Development of an Approved Conditional Use
a. Inspections by Growth Management Director. Following approval of a conditional
use, the Growth Management Director shall, at least annually until the completion
of development, review all permits issued and construction undertaken and
compare actual development with the approved conditional use and with the
approved development schedule, if applicable.
b. Action by Growth Management Director. If the Growth Management Director finds
that development is not proceeding in accordance with the approved schedule, or
that it fails in any other respect to comply with the approved conditional use, he
shall notify the Board of County Commissioners of such fact and may, if he finds it
necessary for the protection of the public health, safety, or welfare, take such
necessary action to stop such non-compliance.
c. Action by Board of County Commissioners. Within thirty (30) days following
notification by the Growth Management Director, the Board of County
Commissioners shall determine whether development of the conditional use is
proceeding in accordance with the approved conditional use. If the Board of
County Commissioners finds the development is not proceeding in accordance
with the approved conditional use, it shall either revoke the permit or take the
necessary action to compel compliance with the approved conditional use.
4. Inspections After Development.
a. Inspection by Growth Management Director. Following completion of the
development of a conditional use, the Growth Management Director shall review
the development as completed and determine if it complies with the approved
conditional use.
b. Action by Growth Management Director. If the Growth Management Director finds
that the development as completed fails in any respect to comply with the use as
approved, he shall immediately notify the Board of County Commissioners of such
fact.
c. Action by Board of County Commissioners. Within thirty (30) days following
notification by the Growth Management Director, the Board of County
Commissioners shall determine whether the completed conditional use fails in any
respect to follow the approved conditional use permit. If the Board of County
Commissioners finds the completed conditional use fails in any respect to follow
the approved conditional use, it shall either revoke the permit or take the necessary
action to compel compliance with the conditional use.
F. Extensions of Conditional Use Permits. The time limitations imposed on a conditional use permit by
Section 11.07.05(I) may be extended by the Board of County Commissioners not more than one (1)
time, and for not more than twenty-four (24) months, upon application by the applicant and after a
public hearing held in accordance with Section 11.00.04.
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G. Existing Conditional Uses. A legally conforming use that exists on the effective date of this Code and
that is permitted as a conditional use in a zoning district in Section 3.01.03 of this Code shall not be
deemed a nonconforming use in that district, but shall without further action be considered a
conforming use. A use existing prior to its present classification by this Code as a conditional use may
change in use or in lot area or may alter a structure only if the change or alteration conforms with the
requirements of Sections 11.07.05(E) and 3.01.03 for conditional uses. Such change or alteration may
be accomplished only pursuant to the standards and procedures established for the adjustment of a
conditional use as set forth in Section 11.07.05(E).
H. Revocation of Conditional Use Permit. In addition to any other penalty and remedy for violation of this
Code, it shall be a condition of every conditional use approval that such approval may be revoked for:
(1) Violation of any condition imposed upon such approval, and
(2) Upon complaint and proof of adverse effect on adjacent properties. The permit may be revoked
only after the Board of County Commissioners holds a public hearing in accordance with Section
11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides
written consent to the revocation to the Growth Management Director, the Director shall revoke
the permit and notify the Board of County Commissioners of the revocation.
I. Expiration of Conditional Use Permit. A conditional use permit shall be valid for the purposes of
securing a Building Permit or Certificate of Zoning Compliance for twelve (12) months from the date of
approval. Unless a Building Permit or Certificate of Zoning Compliance is secured within twelve (12)
months, and construction subsequently undertaken pursuant to such Building Permit, the conditional
use permit shall automatically expire unless the permit is extended upon application to the Board of
County Commissioners in accordance with Section 11.00.04.
J. Limitations on Approval for Conditional Uses. A conditional use permit shall be deemed to authorize
only the particular use for which it was issued and shall automatically expire and cease to be of any
force or effect if such use shall, for any reason, be discontinued for a period of twelve (12) consecutive
months.
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ITEM NO. (ID # 4007)
DATE: 01/19/2017
AGENDA REQUEST *PUBLIC HEARINGS
BACKGROUND:
Pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes, St.
Lucie County possesses the police powers to enact ordinances in order to protect the health,
safety, and welfare of the County's citizens. The St. Lucie County Board of County Commissioners
determines that it is in the best interest of its residents, businesses and visitors to enact sufficient zoning
regulations to ensure their health, safety and welfare. Medical marijuana dispensing facilities are a new
and unique use which is not currently addressed by the County Land Development Code or Code of
Ordinances. Section 381.986(8)(b), Fla. Stat., permits counties to "determine by ordinance the criteria for
the number, location, and other permitting requirements that do not conflict with state law or
department rule for all dispensing facilities of dispensing organizations located within the unincorporated
areas of that county”. A temporary postponement on the acceptance of applications for, the processing
of, and the issuance of development permits, development orders or any other official action of St. Lucie
County permitting or having the effect of permitting new medical marijuana dispensing facilities will allow
time to review, study, hold public hearings, and prepare and adopt an amendment or amendments to the
Land Development Code and Code of Ordinances to address this new and unique use. Adoption of this
ordinance will further the health, safety and welfare of the citizens of St. Lucie County.
PREVIOUS ACTION:
On November 15, 2016, the County Board of County Commissioners authorized Permission to Advertise
for the Postponement on the Placement of Medical Marijuana Dispensary Facilities for public hearing
before the Local Planning Agency and two (2) public hearings before the Board of County Commissioners.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Local Planning Agency forward the draft ordinance to the Board of County
Commissioners with a recommendation of approval.
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Katherine Barbieri, Asst. County Attorney
SUBMITTED BY: County Attorney
SUBJECT: Postponement on the Placement of Medical Marijuana Dispensary
Facilities
4.D
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Updated: 1/13/2017 4:41 PM by Katherine Barbieri Page 2
COMMISSION ACTION:
Coordination/Signatures
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ORDINANCE NO. 17 -_________
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
DECLARING ZONING IN PROGRESS AND IMPOSING A
POSTPONEMENT ON THE ACCEPTANCE AND PROCESSING OF
NEW APPLICATIONS FOR THE ESTABLISHMENT OF MEDICAL
MARIJUANA DISPENSING FACILITIES FOR A PERIOD OF 365
DAYS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
Statutes, St. Lucie County possesses the police powers to enact ordinances in order to protect the
health, safety, and welfare of the County's citizens; and
WHEREAS, the St. Lucie County Board of County Commissioners determines that it is in the best
interest of its residents, businesses and visitors to enact sufficient zoning regulations to ensure their
health, safety and welfare; and
WHEREAS, medical marijuana dispensing facilities are a new and unique use which is not currently
addressed by the County Land Development Code or Code of Ordinances; and
WHEREAS, Section 381.986(8)(b), Fla. Stat., permits counties to "determine by ordinance the
criteria for the number, location, and other permitting requirements that do not conflict with state
law or department rule for all dispensing facilities of dispensing organizations located within the
unincorporated areas of that county"; and
WHEREAS, a temporary postponement on the acceptance of applications for, the processing of,
and the issuance of development permits, development orders or any other official action of St.
Lucie County permitting or having the effect of permitting new medical marijuana dispensing
facilities will allow time to review, study, hold public hearings, and prepare and adopt an amendment or
amendments to the Land Development Code and Code of Ordinances to address this new and unique use;
and
WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens of
St. Lucie County.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
Section 1. RECITALS ADOPTED.
Each of the recitals set forth above is hereby adopted and confirmed.
Section 2. TEMPORARY POSTPONEMENT OF CERTAIN COUNTY ACTIONS; APPLICABILITY.
A. For twelve (12) months following the adoption of this ordinance, or until an
amendment to the Land Development Code is approved or denied, whichever occurs
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first, no application for any permit or development order for a medical marijuana
dispensing facility shall be accepted, nor shall any permit or development order be
approved for a medical marijuana dispensing facility. Notwithstanding the above, in
the event the Board approves an amendment to the Land Development Code, the
postponement shall remain in effect until such time as the amendment becomes
effective.
B. This ordinance shall not restrict, prohibit or otherwise prevent a property owner from
the reasonable use of their land or from developing their land in accordance with the
St. Lucie County Comprehensive Plan.
C. The adoption of this ordinance is undertaken by the County in good faith and is
intended to further the goals of the St. Lucie County Comprehensive Plan and
Chapter 163, Florida Statutes, and is not intended to discriminate against those
landowners which may be subject to this ordinance.
D. The limited duration of this postponement has been established in order to
accomplish appropriate planning for future development through the St. Lucie
County Comprehensive Plan amendment process as described in Chapter 163, Part
II, Florida Statutes, and the Comprehensive Plan.
Section 3. TERM OF THIS ORDINANCE.
The County shall move forward expeditiously with the development, adoption, and
implementation of the Regulations concerning medical marijuana dispensing facilities. This Ordinance
shall remain in effect only for so long as is reasonably necessary for the Board to adopt such Regulations
and for those Regulations to take effect. Accordingly, the term of this Ordinance shall expire, and this
Ordinance shall have no further force or effect, after the date when the Regulations take effect, or three
hundred sixty-five (365) days after the date of the adoption of this Ordinance, whichever occurs first.
Section 4. WAIVERS.
Notwithstanding the provisions in Section 2 above, an applicant for the development of
property within the unincorporated County may apply to the Board for a waiver of the requirements in
Section 2, above, so that the applicant’s application may be reviewed without delay. In such cases, the
Board shall consider the request for a waiver at a public meeting, which shall be held within 45 days after
the County receives the applicant’s request. At the public meeting, the applicant shall have the burden
of demonstrating to the Board’s satisfaction that: (a) granting the applicant’s request for a waiver will not
detrimentally affect the preparation and implementation of the Regulations; (b) the proposed project will
be compatible with surrounding land uses; and (c) the proposed project will not adversely affect the public
health, safety or welfare. If the applicant carries its burden of proof, the Board may grant a waiver and
thus allow the applicant’s application to be submitted, reviewed and processed concurrently with the
Regulations. However, a development order shall not be issued for such application until the necessary
comprehensive plan amendments are in effect and the application is found to be consistent with adopted
land development regulations.
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Section 5. VESTED RIGHTS.
A. Nothing in this Ordinance shall be construed or applied to abrogate the vested right
of a property owner to complete development where the property owner
demonstrates each of the following:
1. A government act of development approval was obtained prior to the effective
date of this Ordinance; and
2. The property owner has detrimentally relied, in good faith, on the governmental
approval by making a substantial change in position or incurring extensive
obligations and expenses; and
3. It would be highly inequitable to deny the property owner the right to complete
the development.
B. Any property owner claiming to have vested rights under this Section 5 must file an
application with the Board for a vested rights determination within 30 days after the
effective date of this Ordinance. The application shall be accompanied by a fee of
$1,500.00 and shall contain a sworn statement as to the facts upon which the vested
rights are asserted, together with any documentary evidence supporting the claim.
The Board shall hold a public hearing on the application and, based upon the
evidence submitted, shall make a determination as to whether or not the property
owner has established vested rights. To the extent that a property owner
demonstrates vested rights, the prohibitions established in Section 2 of this
Ordinance shall not apply.
Section 6. APPEALS.
Any appeal from a final decision by the Board under Section 4 or Section 5 of this
Ordinance shall be pursued by filing a Petition for Certiorari in the Circuit Court of the 19th Judicial Circuit,
in and for St. Lucie County, in accordance with the Florida Rules of Appellate Procedure for the review of
the quasi-judicial rulings of local government agencies.
Section 7. EXHAUSTION OF ADMINISTRATIVE REMEDIES.
A property owner claiming that this Ordinance, as applied, constitutes or would constitute
a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue
such claim in court unless he or she has first exhausted the administrative remedies provided in this
Ordinance.
Section 8. 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.
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Section 9. 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.
Section 10. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
Section 11. 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.
Section 12. EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
Section 13. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Commissioner Chris Dzadovsky, Chairman XXX
Commissioner Tod Mowery, Vice Chairman XXX
Commissioner Linda Bartz XXX
Commissioner Frannie Hutchinson XXX
Commissioner Cathy Townsend XXX
PASSED AND DULY ADOPTED this ______ day of ____________________, 2017.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
______________________________ BY: _____________________________
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY: _____________________________
County Attorney
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> Ad Proof
> Account Information > Insertion Information
Date: 12/22/16
Account Number: 435195 (T11504098)
Name: ST LUCIE COUNTY BOCC
Contact:
Email:
Address: 2300 VIRGINIA AVE, FT PIERCE, FL, 34982-5653
Phone: (772) 462-1492 Fax: (000) 000-0000
This is a proof of your ad scheduled to run on the dates indicated below.
Please confirm placement prior to deadline by contacting your account
rep at (772) 692-8966 .
Ad Id: 1415086 P.O. No.: Meeting: 1/19/17 Total Cost: $74.97
Tag Line: Meeting: 1/19/17: ORD NO TBD
Start Date: 01/03/17 Stop Date: 01/03/17
Number of Times: 1 Class: 16250 - Public Notices
Publications: TC-TC News-Press-Tribune, TC-Internet tcpalm.com
Sales Rep: Linda Klein (T9103) Phone: (772) 692-8966 Email: linda.klein@tcpalm.com
Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such, Gannett reserves the right to cat-
egorize, edit and refuse certain classified ads. Your satisfaction is important. If you notice errors in your ad, please notify the classified department immedi-ately so that we can make corrections before the second print date. The number to call is 877-247-2407. Allowance may not be made for errors reported past
the second print date. The Treasure Coast Newspapers may not issue refunds for classified advertising purchased in a package rate; ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run.
4.D.c
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ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA January 19, 2017
NOTICE OF PROPOSED ORDINANCE
The St. Lucie County Planning and Zoning Commission is scheduled to review and make recommendations regarding the following item petitioned by the applicant for adoption by the Board of County Commissioners of St. Lucie County, Florida, by ordinance:
ORDINANCE NO. TBDAN ORDINANCE OF THE BOARD OF COUNTY COMMISSION-ERS OF ST. LUCIE COUN-TY, FLORIDA, DECLARING ZONING IN PROGRESS AND IMPOSING A POSTPONE-MENT ON THE ACCEPTANCE AND PROCESSING OF NEW APPLICATIONS FOR THE ESTABLISHMENT OF MEDI-CAL MARIJUANA DISPENSING FACILITIES FOR A PERIOD OF 365 DAYS; PROVIDING FOR SEVERABILITY; AND PROVID-ING FOR AN EFFECTIVE DATE
APPLICANT: Board of County Commissioners
PURPOSE: A 12-month post-ponement of the processing of new applications for the establishment of marijua-na facilities to allow in the County time to plan, consid-er, review, and adopt and/or revise its development regu-lations related to such use.
LOCATION: Unincorporated St. Lucie County
The Planning and Zoning Commission PUBLIC HEAR-ING on this item will be held in the Commission Cham-bers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Thursday, January 19, 2017 beginning at 6:00 pm or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written com-ments to the Planning and Zoning Commission should be received by the Planning and Development Services Department - Planning Divi-sion at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department – Planning Offic-es located at 2300 Virgin-ia Avenue, 2nd Floor, Fort Pierce, Florida, during reg-ular business hours. Please call (772)462-2822 or TDD (772)462-1428 if you have any questions or require addi-tional information about this petition.The St. Lucie County Planning and Zoning Commission has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approv-al or disapproval, any appli-cations within their area of responsibility.The proceedings of the Plan-ning and Zoning Commission are electronically record-ed. PURSUANT TO SECTION 286.0105, FLORIDA STAT-UTES, if a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at a meeting or hearing, he or she will need a record of the pro-ceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the tes-timony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an oppor-tunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date certain.Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk Manager at least for-ty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428.
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCYST. LUCIE COUNTY, FLORIDABOBBY HOPKINS, CHAIRMAN Pub: January 3, 2017TCN 1415086
> Ad Proof
I agree this ad is accurate and as ordered.
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PROOF O.K.BY:__________________________________________________O.K.WITH CORRECTIONS BY:_________________________________________
PLEASE READ CAREFULLY •SUBMIT CORRECTIONS ONLINE
TR-1410354.INDD
ADVERTISER:ST LUCIE COUNTY GROWTH MPROOF CREATEDAT:12/20/2016 1:48 PM
SALES PERSON:Errol Cirasuolo PROOF DUE:-NEXT RUN DATE:01/03/17
PUBLICATION:TR-DAILY SIZE:3 col X 10 in
TR-1410354
ST.LUCIE COUNTY PLANNING AND
ZONING COMMISSION
PUBLIC HEARING AGENDA
January 19,2017
NOTICE OF PROPOSED ORDINANCE
The St.Lucie County Planning and Zoning Commission is scheduled to review and
make recommendations regarding the following item petitioned by the applicant
for adoption by the Board of County Commissioners of St.Lucie County,Florida,by
ordinance:
ORDINANCE NO.TBD
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.LUCIE
COUNTY,FLORIDA,DECLARING ZONING IN PROGRESS AND IMPOSING A
POSTPONEMENT ON THE ACCEPTANCE AND PROCESSING OF NEW APPLICATIONS
FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSING FACILITIES FOR
A PERIOD OF 365 DAYS;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN
EFFECTIVE DATE
APPLICANT:Board of County Commissioners
PURPOSE:A 12-month postponement of the processing of new applications for the
establishment of marijuana dispensing facilities to allow in the County time to plan,
consider,review,and adopt and/or revise its development regulations related to such use.
LOCATION:Unincorporated St.Lucie County
The Planning and Zoning Commission PUBLIC HEARING on this item will be held in the
Commission Chambers,Roger Poitras Annex,3rd Floor,St.Lucie County Administration
Building,2300 Virginia Avenue,Fort Pierce,Florida on Thursday,January 19,2017
beginning at 6:00 pm or as soon thereafter as possible.
All interested persons will be given an opportunity to be heard.Written comments received
in advance of the public hearing will also be considered.Written comments to the Planning
and Zoning Commission should be received by the Planning and Development Services
Department -Planning Division at least 3 days prior to the scheduled hearing.The petition
file is available for review at the Planning and Development Services Department –Planning
Offices located at 2300 Virginia Avenue,2nd Floor,Fort Pierce,Florida,during regular
business hours.Please call (772)462-2822 or TDD (772)462-1428 if you have any questions
or require additional information about this petition.
The St.Lucie County Planning and Zoning Commission has the power to review and
recommend to the St.Lucie County Board of County Commissioners,for approval or
disapproval,any applications within their area of responsibility.
The proceedings of the Planning and Zoning Commission are electronically recorded.
PURSUANT TO SECTION 286.0105,FLORIDA STATUTES,if a person decides to appeal
any decision made by the Planning and Zoning Commission with respect to any matter
considered at a meeting or hearing,he or she will need a record of the proceedings.For
such purpose,he or she may need to ensure that a verbatim record of the proceedings
is made,which record includes the testimony and evidence upon which the appeal is to
be based.Upon the request of any party to the proceeding,individuals testifying during a
hearing will be sworn in.Any party to the proceeding will begranted an opportunity to cross-
examine any individual testifying during a hearing upon request.If it becomes necessary,a
public hearing may be continued to a date certain.
Anyone with a disability requiring accommodation to attend this meeting should contact
the St.Lucie County Risk Manager at least forty-eight (48)hours prior to the meeting at
(772)462-1546 or T.D.D.(772)462-1428.
PLANNING AND ZONING COMMISSION/
LOCAL PLANNING AGENCY
ST.LUCIE COUNTY,FLORIDA
/S/BOBBY HOPKINS,CHAIRMAN
PUBLISH DATE:January 3,2017
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SCH 2017-PZ
P&Z MEETINGS ARE SCHEDULED TO BE HELD AT 6:00PM ON THE 3rd THURDAY OF EVERY MONTH
BE SURE TO WATCH FOR CANCELLATIONS AND CHANGING DATES AND/OR TIMES
Meeting Dates are Subject to Change, Especially During Holidays
Thursday, January 19, 2017
Thursday, February 16, 2017
Thursday, March 16, 2017
SCHEDULED P&Z MEETING DATES
Thursday, April 20, 2017
Thursday, May 18, 2017
Thursday, December 21, 2017
Thursday, June 15, 2017
Thursday, July 20, 2017
Thursday, August 17, 2017
Thursday, September 21, 2017
Thursday, October 19, 2017
Thursday, November 16, 2017
6.A
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