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HomeMy WebLinkAboutAgenda Packet 05.18.2017 Generated 5/18/2017 12:50 PM PLANNING & ZONING COMMISSION AGENDA ST. LUCIE COUNTY P & Z Regular Meeting Thursday, May 18, 2017 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS Chairman WILLIAM O'DELL Board Member EDWARD LOUNDS Board Member WILLIAM SMITH At-Large Board Member BOBBY HOPKINS At-Large Board Member JAMES TAYLOR Vice Chairman JAMES CLASBY Board Member CRAIG MUNDT Board Member KARA WOOD At-Large Board Member ROBERT LOWE Ex-Officio Board Member MARTY SANDERS P & Z Regular Meeting Thursday, May 18, 2017 6:00 PM 2 | P a g e 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, May 18, 2017 6:00 PM 3 | P a g e 1. CALL TO ORDER A. Pledge of Allegiance B. Roll Call C. Announcements D. Disclosure(s) 2. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, April 20, 2017 3. PUBLIC COMMENT 4. PUBLIC HEARINGS A. Proposed Ordinance Regulating Commercial Composting Facilities Staff recommends the Local Planning Agency forward the draft ordinance to the Board of County Commissioners with a recommendation of approval. B. Ordinance - Amendment to Airport Overlay Zone Staff recommends that the Planning and Zoning Commission forward the proposed ordinance to the Board of County Commissioners with a recommendation of approval. 5. WORKSHOPS A. There are no items scheduled. 6. OTHER BUSINESS A. There are no scheduled items. 7. ADJOURN P & Z Regular Meeting Thursday, May 18, 2017 6:00 PM 4 | P a g e 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. Generated 5/10/2017 9:31 AM ST. LUCIE COUNTY PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA P & Z Regular Meeting April 20, 2017 Convened: 6:00 PM Adjourned: 7:00 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chairman William O'Dell A. Pledge of Allegiance Invocation by Bobby Hopkins Attendee Name Title Status Arrived William O'Dell Chairman Present James Clasby Vice Chairman Present Edward Lounds Board Member Present Craig Mundt Board Member Present William Smith Board Member Present Kara Wood Board Member Absent Bobby Hopkins At-Large Board Member Present Robert Lowe At-Large Board Member Present James Taylor At-Large Board Member Present Marty Sanders Ex-Officio Board Member Absent C. Announcements The Chair stated Agenda item 4C Tattoo Yachts, LLC will be moved to 4A and be heard first. It was unanimously agreed. * 2.A Packet Pg. 5 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 0 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, April 20, 2017 6:00 PM 2 | P a g e D. Disclosure(s) Mr. Mundt stated he will abstain from agenda item 4B-Ordinance-Establishing time limits for completion of construction. He lives in a residence adjacent to a property that may or may not be impacted by this ordinance and on the advise of the County Attorney, he will abstain. Mr. Smith stated he has had discussions with some citizens about the ordinance relative to the towers---agenda item 4A-Amendments to the Land Development Code regarding wireless telecommunications towers and antennas. Mr. Clasby stated he has had several discussions with each of the agenda items with several citizens. 2. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, March 16, 2017 RESULT: ACCEPTED [UNANIMOUS] MOVER: William Smith, Board Member SECONDER: Craig Mundt, Board Member AYES: O'Dell, Clasby, Lounds, Mundt, Smith, Hopkins, Lowe, Taylor ABSENT: Kara Wood 3. PUBLIC COMMENT None 4. PUBLIC HEARINGS A. 4276 : Ordinance - AMENDMENT TO THE LAND DEVELOPMENT CODE REGARDING WIRELESS TELECOMMUNICATIONS TOWERS & ANTENNAS Katherine Barbieri, Assistant County Attorney stated the proposed ordinance amends Section 7.10.23 Wireless Telecommunication Towers and Antennas of the St. Lucie County Land Development Code. In 2008 and 2009, the St. Lucie County enacted a tower ordinance that had been a model ordinance used by local governments in the State. The primary purpose was to exercise the maximum authority granted to the County to regulate such facilities under federal and state law and to provide that placement of such faclilties was compliant with applicable law, county land development, zoning and building codes and aesthetic objectives. Staff reviewed the neighboring governmental ordinances and determined that St. Lucie County's separation requirements are now considerably greater than neighboring governmental entities. Staff is recommending amending the separation requirements to match the requirementof Indian River County which is at least 300% of the height of the entire proposed structure. 2.A Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 0 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, April 20, 2017 6:00 PM 3 | P a g e Public Hearing Open Steve Lockner spoke against the proposed amendment Public Hearing Closed The commission discussed height, set back risks, safety concerns, health risks applicaitons of cell towers, being pro-active, possible violation of Florida Statute. The commission did not approve this ordinance with a 3 yes and 5 no vote Vice Chair Clasby motion, Mr. Mundt 2nd. A vote to deny was motioned by Mr. Smith and 2nd by Mr. Hopkins with a 5 yes and 3 no vote. * RESULT: DENY [3 TO 5] MOVER: James Clasby, Vice Chairman SECONDER: Craig Mundt, Board Member AYES: James Clasby, Craig Mundt, Robert Lowe NAYS: O'Dell, Lounds, Smith, Hopkins, Taylor ABSENT: Kara Wood B. Ordinance - Establishing Time Limits for Completion of Construction Katherine Barbieri, Assistant County Attorney stated the proposed ordinance amends Section 13.01 of the St. Lucie County Land Development Code, Building Code, to add administrative provisions to Section 105 of the Florida Building Code to set time limits for construction completion in single-family zoning districts, to establish consequences for failure to complete and to establish procedures for time extensions. In additon, staff is revising Appendix A-Local Acts, Article VII-Nuisances to provide authority to proceed under this Act on partially completed structures. It is in the interest of the health, safety and welfare of the citizens of St. Lucie County to place a reasonable time limit on the duration of a contruction project, so as to balance the needs of the owner of the project with those of neighbors and the community for the safe and peaceful enjoyment of the properties. The goal is to assist owners completing contruction on schedule, thus minimizing neighborhood impacts. Staff recommends that the Commission approve the ordinance for transmittal to the Board of County Commissioners for a favorable action. Public Hearing Open No one spoke Public Hearing Closed Leslie Olson, Planning Director read an email into the record from Maddie Williams of the Treasure Coast Builders Associations: "In regards to the ordinance being heard tonight at the Planning & Zoning meeting, the Treasure Coast Builders Association (TCBA) Board of Directors has the following recommendation. It appears there is a necessity for this type of ordinance but we recommend that the penalty time frame for the building permit to be in default be adjusted to the date of the last passed/successful inspection not the date of issuance. There 2.A Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 0 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, April 20, 2017 6:00 PM 4 | P a g e are far too many variables in the building process to put such stringent limits." Please read our recommendation into the record at the meeting if at all possible. Thank you for your assistance. Maddie Williams. The Commission discussed the issue and agreed with Ms. Williams' recommendation. The approval of this ordinance was based on TCBA's recommendation. * RESULT: APPROVE [7 TO 0] MOVER: James Clasby, Vice Chairman SECONDER: James Taylor, At-Large Board Member AYES: O'Dell, Clasby, Lounds, Smith, Hopkins, Lowe, Taylor ABSTAIN: Craig Mundt ABSENT: Kara Wood C. 4254 : CONDITIONAL USE PERMIT - TATTOO YACHTS, LLC. Jeff Johnson, Senior Planner representing the applicant, Tattoo Yachts, LLC is requesting a conditional use permit (with no new construction) for the manufacturing of boats that are 45 feet or greater in length in the Industrial Light zoning district within approximately 26,000 s.f. of existing buildings. Fort Pierce Utilities Authority will provide water service for the use and a private septic system will handle the wastewater. Notice for this public hearing was placed in the St. Lucie News Tribune on April 5 and the applicant has installed the required public notice sign on the subject property. The subject three and one quarter acre property is located east of Hammond Road at the end of Sun Citrus Boulevard. There are vacant lands to the north, south and west. To the east is an existing building that is home to D and D Welding and Fabrication. The conditional use permit is consistent with the goals, objectives and standards of the Land Development Code (LDC) and Comprehensive Plan. The proposed use is defined in the Comprehensive Plan as a “targeted industry” that produces skilled, high paying long term employment that contributes to the quality of life of St. Lucie County. There should be no undesirable impacts such as dust, odor, glare or vibration as all manufacturing activities will occur indoors. The Environmental Resources staff has evaluated the site and found no negative environmental impacts. Ample parking exists for the use and it is not expected to create any significant additional demands on any public facilities in the area. As required by Code, property owners within 500 feet of the subject property were noticed by mail as well. As of date, there have been no response forms or correspondence received from adjacent property owners. Staff recommends that the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners subject to the following conditions as noted in Resolution…they are as follows: • All manufacturing activities shall occur within an enclosed structure. 2.A Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 0 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, April 20, 2017 6:00 PM 5 | P a g e • All off-street parking stalls shall be painted or striped so as to be clearly defined and visible, and an additional handicap parking staff shall be provided. Environmental Resources Department • Within three (3) years or at such time adjacent parcels are developed, whichever occurs first, landscaping shall be installed in accordance with the ERD approved landscape plan provided by the applicant. • The applicant is required to obtain any applicable outside agency permits. * RESULT: APPROVE [UNANIMOUS] MOVER: James Clasby, Vice Chairman SECONDER: Robert Lowe, At-Large Board Member AYES: O'Dell, Clasby, Lounds, Mundt, Smith, Hopkins, Lowe, Taylor ABSENT: Kara Wood 5. WORKSHOPS A. There are no items scheduled. 6. OTHER BUSINESS A. There are no items scheduled. 7. ADJOURN Mr. Lowe motioned to adjourn--Mr. Taylor seconded the motion--Unanimous 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. 2.A Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 0 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) ITEM NO. (ID # 4357) DATE: 05/18/2017 AGENDA REQUEST *PUBLIC HEARINGS BACKGROUND: During a meeting on January 12, 2016, the Board of County Commissioner (“Board”) generally discussed the issue of regulating the location and operation of commercial composting facilities (“CCFs”) that use Biosolids (i.e., domestic wastewater residuals) to produce compost. The Board instructed County staff to study the issue and develop regulations, as appropriate, for the Board’s consideration. On June 7, 2016, the Board adopted Ordinance No. 16-006, which temporarily postponed the processing or approval of any application for a CCF. Ordinance No. 16-006 postponed any such action for three hundred thirty (330) days. On March 7, 2017, the Board adopted Resolution 17-036, which extended the ordinance for an additional thirty (30) days -- i.e., until June 2, 2017. The County retained a professional engineering and consulting firm, CDM Smith, Inc. (“CDM”), to assist the County with its evaluation of the issues and the development of suitable regulations for CCFs. After CDM submitted its report to the County, the County’s staff and consultants prepared specific land use regulations for CCFs. The regulations are designed to protect the public health, safety and welfare, including the County’s environmental resources, from the adverse impacts caused by CCFs. Attached for the Board’s consideration is a draft ordinance that would govern CCFs in the unincorporated areas of the County. The draft ordinance is based on the following concepts: 1. CCFs that use Biosolids to produce compost would be authorized in St. Lucie County under certain circumstances, but these facilities would only be approved as a conditional use and they would only be approved in the Agriculture-5 (AG-5) zoning district. 2. If an applicant wishes to obtain approval of a proposed CCF located in an AG-5 district, the applicant must demonstrate that the proposed CCF will comply with certain “supplemental standards” that are designed to minimize the CCF’s adverse impacts. 3. If an applicant for a proposed CCF is unable to comply with the County’s supplemental standards, the applicant may apply for a waiver. The waiver would be granted if the applicant demonstrates that the applicant will be able to protect the public welfare and the TO: St. Lucie County Planning & Zoning Commission PRESENTED BY: Katherine Barbieri, Asst. County Attorney SUBMITTED BY: County Attorney SUBJECT: Proposed Ordinance Regulating Commercial Composting Facilities 4.A Packet Pg. 10 Updated: 5/18/2017 12:14 PM by Sarah Smith Page 2 environment, even though the applicant will not comply with one of the specific requirements in the County’s supplemental standards. 4. A new Section 3.01.03.C.7.p would be added to the County’s Land Development Code. This new section would expressly identify CCFs as a conditional use in the AG-5 district. 5. A new Section 7.10.34 would be added to the Land Development Code. This new section would contain the supplemental standards for CCFs. 6. New definitions would be added to the Land Development Code. 7. The ordinance would not apply to “Backyard Composting”” or “Normal Farming Operations.” PREVIOUS ACTION: On March 7, 2017, the Board approved a resolution extending Ordinance No. 16-006, which temporarily postpones the processing or approval of any application for a CCF until June 2, 2017. On April 18, 2017, the Board of County Commissioners authorized Permission to Advertise a proposed ordinance regulating commercial composting 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. COMMISSION ACTION: Coordination/Signatures 4.A Packet Pg. 11 RESOLUTION NO. 17-036 A RESOLUTION EXTENDING ORDINANCE 16-006 FOR COMMERCIAL COMPOSTING FACILITIES FOR AN ADDITIONAL THIRTY (30) DAYS WHEREAS, the Board of County Commissioners ("Board") of St. Lucie County ("County"), Florida, presently is working with its staff and professional consultants to prepare comprehensive plan amendments and land development regulations that will govern the location and development of commercial facilities in the unincorporated County that will process solid waste or biosolids (domestic wastewater residuals) to produce compost; and WHEREAS, the Board finds that the regulation of commercial composting facilities is necessary and appropriate to guide the future use and development of land in the unincorporated County, and to protect the public health, welfare and safety, including but not limited to the environmental resources of the County and surrounding areas; and WHEREAS, the Board wishes to ensure that all amendments to the County's comprehensive plan, amendments to the County's Official Zoning Atlas, and the issuance of development orders concerning commercial composting facilities are temporarily postponed until the County has a reasonable opportunity to complete its analysis of the relevant issues, and complete the formulation and implementation of the necessary amendments to the County's comprehensive plan, zoning code, and other land development regulations (collectively, the "Regulations"); and WHEREAS, on June 7, 2016 the Board approved Ordinance No. 16-006, which temporarily postponed any County approvals for commercial composting facilities until May 3, 2017; and WHEREAS, the County has hired a consultant to assist in drafting the ordinance but the consultant's final report will not be completed until shortly after May 3, 2017; and WHEREAS, Ordinance No. 16-006 provided that the Board may adopt a resolution extending the term of the ordinance for an additional thirty (30) days, if the Board finds the extension is necessary and in the public interest. WHEREAS, the Board has determined that a brief extension of Ordinance No. 16-006 is in the public interest because, among other things, it will provide time for the County's staff and consultants to complete their work regarding the regulation of commercial composting facilities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby approves and grants a thirty (30) days extension of Ordinance No. 16-006 because the extension is necessary and in the public interest. 2. The Board hereby instructs and authorizes the County staff to move forward expeditiously with the preparation of Regulations, as necessary, concerning commercial composting facilities. 4.A.a Packet Pg. 12 At t a c h m e n t 4 . A . a : 1 7 - 0 3 6 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) After a motion and second, the vote on Resolution 17-036 was as follows: Chairman Chris Dzadovsky AYE Vice -Chairman Tod Mowery AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 7th day of March, 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAT MAN APPROV AS TO FORM CORRECTN S COUNTY A OR EY 4.A.a Packet Pg. 13 At t a c h m e n t 4 . A . a : 1 7 - 0 3 6 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4201029 06195/2016 at 04:42 PMORBOOK3880PAGE2486 - 2490 Doc Type: ORDN RECORDING: $44.00 ORDINANCE NO. 16-006 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA (THE "COUNTY"), PROVIDING FOR POSTPONEMENT OF ISSUANCE OF CERTAIN COMPREHENSIVE PLAN AMENDMENTS AND DEVELOPMENT ORDERS WITHIN UNINCORPORATED ST. LUCIE COUNTY CONCERNING DEVELOPMENT WHICH INVOLVES COMMERCIAL COMPOSTING FACILITIES DURING A SPECIFIED TERM; PROVIDING FOR WAIVER, VESTED RIGHTS, APPEALS, EXHAUSTION OF ADMINISTRATIVE REMEDIES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE AND ADOPTION WHEREAS, the Board of County Commissioners ("Board") of St. Lucie County ("County"), Florida, presently is working with its staff and professional consultants to prepare comprehensive plan amendments and land development regulations that will govern the location and development of commercial facilities in the unincorporated County that will process solid waste or biosolids (domestic wastewater residuals) to produce compost; and WHEREAS, the Board finds that the regulation of commercial composting facilities is necessary and appropriate to guide the future use and development of land in the unincorporated County, and to protect the public health, welfare and safety, including but not limited to the environmental resources of the County and surrounds areas; and WHEREAS, the Board wishes to ensure that all amendments to the County's comprehensive plan, amendments to the County's Official Zoning Atlas, and the issuance of development orders concerning commercial composting facilities are temporarily postponed until the County has a reasonable opportunity to complete its analysis of the relevant issues, and complete the formulation and implementation of the necessary amendments to the County's comprehensive plan, zoning code, and other land development regulations (collectively, the "Regulations"); and WHEREAS, the County's Local Planning Agency has reviewed the provisions in this Ordinance and determined that these provisions are consistent with the applicable provisions in the County's Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida as follows: 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. During the time that this Ordinance is in effect, as specified in Section 3 below, no 1 4.A.b Packet Pg. 14 At t a c h m e n t 4 . A . b : O r d i n a n c e 1 6 - 0 0 6 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) application for a comprehensive plan amendment, amendments to the Official Zoning Atlas, or development order (as defined in Section 163.3164, Florida Statute) concerning the development of a commercial composting facility on property in unincorporated St. Lucie County shall be processed, granted, or otherwise approved. All such applications shall be held in abeyance by the County, until the end of the term of this Ordinance, as described in Section 3, below. B. For the purposes of this Ordinance, a "commercial composting facility" shall mean a facility that uses composting techniques or technology to process solid waste, biosolids (i.e., domestic wastewater residuals), or other organic matter as part of a commercial business or venture. Processing includes but is not limited to physical turning, windrowing, aeration, and other means of mechanically handling solid waste, biosolids, or other organic matter to produce compost. C. Notwithstanding anything else contained herein this ordinance shall not apply to: 1. A public purpose project, if the applicant is a governmental entity and the applicant demonstrates to the County's satisfaction that the public interest would be significantly and adversely affected if the application for the proposed project is delayed by the requirements of this Ordinance; or 2. A development that is protected from a change in county ordinances, to the extent provided by Section 163.3233, Florida Statutes, for those statutory development agreements that already have been entered into. 3. Normal farming operations, which are defined as follows: (a) composting or anaerobic digestion of wastes generated on the farm, as part of agronomic, horticultural or silvicultural operations, for use on the farm, as part of agronomic, horticultural or silvicultural operations; and (b) composting or anaerobic digestion of yard trash, manure, or vegetative wastes generated from off the farm, for use on the farm, as part of agronomic, horticultural or silvicultural operations. Section 3. TERM OF THIS ORDINANCE. The County shall move forward expeditiously with the development, adoption, and implementation of the Regulations concerning commercial composting 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 thirty (330) days after the date of the adoption of this Ordinance, whichever occurs first, unless the term of this Ordinance is extended by the Board. The Board may extend the term of this Ordinance for up to an additional thirty (30) days by resolution, if the Board finds that the extension is necessary and in the public interest. 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 2 4.A.b Packet Pg. 15 At t a c h m e n t 4 . A . b : O r d i n a n c e 1 6 - 0 0 6 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) Section 2.A, 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. 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.A 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 19' 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. 3 4.A.b Packet Pg. 16 At t a c h m e n t 4 . A . b : O r d i n a n c e 1 6 - 0 0 6 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 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. 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: Kim Johnson, Chairman AYE Chris Dzadovsky, Vice Chairman AYE Commissioner Tod Mowery AYE Commissioner Paula A. Lewis AYE Commissioner Frannie Hutchinson AYE 4 4.A.b Packet Pg. 17 At t a c h m e n t 4 . A . b : O r d i n a n c e 1 6 - 0 0 6 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) PASSED AND DULY ADOPTED this day of J ' 2016. l BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE C r BY' Deputy Clerk Chair APPROVEDtAS TO FORM A CORRECTNESS: A 11.411 ., BY: 4.A.b Packet Pg. 18 At t a c h m e n t 4 . A . b : O r d i n a n c e 1 6 - 0 0 6 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) s FLORIDA DEPARTMENT O STATE RICK SCOTT Governor June 15, 2016 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Melissa Upton Dear Mr. Smith: KEN DETZNER Secretary of State MLE-Dy L=r;;, JUN 15 2010 COUNTVA,TFORNEY Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 16-006, which was filed in this office on June 15, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us 4.A.b Packet Pg. 19 At t a c h m e n t 4 . A . b : O r d i n a n c e 1 6 - 0 0 6 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 1 DRAFT – May 10, 2017 FOR DISCUSSION PURPOSES ONLY ORDINANCE 17-XXXX AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO AUTHORIZE COMMERCIAL COMPOSTING FACILITIES, SUBJECT TO CONDITIONS; AMENDING SECTION 2.00.00 (DEFINITIONS) BY PROVIDING NEW DEFINITIONS FOR COMMERCIAL COMPOSTING FACILITIES AND RELATED TERMS; AMENDING SECTION 3.01.03 (ZONING DISTRICTS) BY PROVIDING FOR COMMERCIAL COMPOSTING FACILITIES AS A CONDITIONAL USE IN AGRICULTURE- 5 ZONING DISTRICTS; AMENDING SECTION 7.10.00 (SUPPLEMENTAL STANDARDS) BY ADDING NEW SUPPLEMENTAL STANDARDS FOR COMMERCIAL COMPOSTING FACILITIES; PROVIDING FOR WAIVERS OF THE SUPPLEMENTAL STANDARDS FOR COMMERCIAL COMPOSTING FACILITIES; PROVIDING FOR THE EXHAUSTION OF ADMINISTRATIVE REMEDIES BEFORE SEEKING JUDICIAL REVIEW; PROVIDING FOR THE INTERPRETATION OF THE TERMS USED IN THE SUPPLEMENTAL STANDARDS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (“Board”) of St. Lucie County (“County”), Florida, has been working with its staff and professional consultants to prepare land development regulations that will govern the location and development of any Commercial Composting Facility that will process Biosolids (i.e., domestic wastewater residuals) or other organic wastes in the unincorporated areas of the County to produce Compost; and WHEREAS, the Board finds that the regulation of Commercial Composting Facilities is necessary and appropriate to guide the future use and development of the land in the unincorporated County, and to protect the health, safety, and welfare of the County’s residents, businesses, and environmental resources; and WHEREAS, the Board has the responsibility and authority to determine the zoning districts and land use categories that are best suited for specific purposes; and WHEREAS, the Board has determined that Commercial Composting Facilities should be allowed only as a conditional use, and only within the Agriculture-5 (AG-5) zoning district, because Commercial Composting Facilities have the potential to cause significant adverse impacts on surrounding land uses and the environment; and WHEREAS, the Board has determined that it is appropriate to establish supplemental standards concerning the siting and operation of Commercial Composting Facilities, because supplemental standards are needed to ensure that the potential adverse impacts of Commercial Composting Facilities will be reduced to acceptable levels; and 4.A.c Packet Pg. 20 At t a c h m e n t 4 . A . c : S t L u c i e C o m p o s t i n g O r d i n a n c e C L E A N 5 - 1 0 - 2 0 1 7 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g 2 WHEREAS, the Board has determined that the requirements in this Ordinance are necessary to protect the public health, safety, and welfare of the citizens of St. Lucie County, Florida, pursuant to Article VIII, Section 1(f) of the Florida Constitution and Section 125.01 of the Florida Statutes. 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 incorporated herein. Section 2. AMENDMENTS TO CHAPTER II (DEFINITIONS) OF THE LAND DEVELOPMENT CODE. Chapter II (Definitions) of the St. Lucie County Land Development Code (“Code”) is hereby amended by adding new definitions in Section 2.00.00 (Definitions) of the Code and revising the existing definition of “Yard Trash.” The new definitions are underlined below. The revisions to the definition of “Yard Trash” also are highlighted with underlining. The new and revised definitions shall read as follows: CHAPTER II – DEFINITIONS 2.00.00. – DEFINITIONS When used in this Code, the following terms shall have the meanings herein ascribed to them. * * * * * Appropriately Treat: For the purposes of Section 7.10.34 only, this term means to treat Leachate in a domestic or industrial wastewater treatment facility that has obtained or will obtain all of the permits and approvals from the Florida Department of Environmental Protection that are needed to receive and treat the Leachate. Backyard Composting: The Composting of organic Solid Waste, such as grass clippings, leaves, or food waste, generated by the owner or occupant of a single or multi-family residential dwelling unit, in cases where the Composting occurs at that dwelling unit. Biosolids: The solid, semisolid, or liquid residue generated during the treatment of domestic wastewater in a domestic wastewater treatment facility, formerly known as “domestic wastewater residuals” or “residuals,” and includes products and treated material from Biosolids treatment facilities and septage management facilities regulated by the Florida Department of Environmental Protection. The term does not include the treated effluent or reclaimed water from a domestic wastewater treatment facility, solids removed from pump stations and lift stations, screenings and grit removed from the preliminary treatment components of domestic wastewater treatment facilities, or ash generated during the incineration of Biosolids. 4.A.c Packet Pg. 21 At t a c h m e n t 4 . A . c : S t L u c i e C o m p o s t i n g O r d i n a n c e C L E A N 5 - 1 0 - 2 0 1 7 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g 3 Commercial Composting Facility: A facility that uses Composting techniques or technologies to process Biosolids or other organic wastes, and thereby produce Compost, pursuant to a commercial business or for-profit venture. Compost: Solid Waste which has undergone biological decomposition of organic matter, has been disinfected using Composting or similar technologies, and has been stabilized to a degree that is potentially beneficial to plant growth and that is used or sold for use as a soil amendment, artificial top soil, growing medium amendment or other similar uses. Composting: The process by which biological decomposition of organic Solid Waste is carried out under controlled aerobic conditions, and that stabilizes the organic fraction into a material which can easily and safely be stored, handled and used in an environmentally acceptable manner. The presence of anaerobic zones within the Composting material will not cause the process to be classified as other than Composting. Composting includes Processing. Enclosed Building: For the purposes of Section 7.10.34 only, this term means a building or structure that satisfies all of the criteria set forth in Section 7.10.34 of the Code concerning an Enclosed Building. Leachate: Any liquid that has come into contact with, passed through, or emerged from Biosolids, Yard Trash, Solid Waste, any other organic material used in Composting operations, partially treated Compost (e.g., material that is curing), or fully treated Compost. Leachate includes all soluble, suspended, and miscible materials in the liquid. Lake Okeechobee Watershed: Lake Okeechobee, its tributaries, and the area within which surface water flow is directed or drains, naturally or by constructed works, to the lake or its tributaries. Manure: Solid Waste composed of excreta of animals, and residual materials that have been used for bedding, sanitary, or feeding purposes for such animals. Normal Farming Operations: This term shall have the meaning set forth in Section 7.10.34.B of the Code. Nutrients: For the purposes of Section 7.10.34 only, this term shall mean Nitrate, Total Kjeldahl Nitrogen, and Total Phosphorus. Objectionable Odor: Any odor present in the outdoor atmosphere which by itself or in combination with other odors, is or may be harmful or injurious to human health or welfare, which unreasonably interferes with the comfortable use and enjoyment of life or property, or which creates a nuisance. Pathogens: Disease-carrying organisms, including certain bacteria, protozoa, viruses, viable helminth ova, and other organisms that cause disease. 4.A.c Packet Pg. 22 At t a c h m e n t 4 . A . c : S t L u c i e C o m p o s t i n g O r d i n a n c e C L E A N 5 - 1 0 - 2 0 1 7 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g 4 Processing: Any technique designed to change the physical, chemical, or biological character or composition of any Biosolids, Yard Trash, or Solid Waste used at a Commercial Composting Facility to produce Compost. Processing includes but is not limited to physical turning, windrowing, aeration, and other means of mechanically handling Biosolids, Yard Trash, Solid Waste, or other organic matter used to produce Compost. Solid Waste: Sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. St. Lucie River Watershed: The St. Lucie River, its tributaries, its estuary, and the areas within St. Lucie County, Martin County, and Okeechobee County from which surface water flow is directed or drains, naturally or by constructed works, to the St. Lucie River, its tributaries, or its estuary. Yard Trash: Means vegetative matter resulting from landscaping maintenance and land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils. For purposes of Section 7.10.34 only, Yard Trash also includes clean wood. Section 3. AMENDMENT TO CHAPTER III (ZONING DISTRICTS) OF THE LAND DEVELOPMENT CODE. Chapter III (Zoning Districts) of the St. Lucie County Land Development Code is hereby amended by adding a new Section 3.01.03.C.7.p, which authorizes Commercial Composting Facilities in Agricultural-5 (AG-5) zoning districts as a Conditional Use, subject to conditions. The new text is underlined below. The Land Development Code, as amended, shall read as follows: CHAPTER III – ZONING DISTRICTS 3.00.00. – ZONING DISTRICTS * * * * * Section 3.01.03. – Zoning Districts. * * * * * C. AG-5 Agricultural-5. * * * * * 7. Conditional Uses: * * * * * 4.A.c Packet Pg. 23 At t a c h m e n t 4 . A . c : S t L u c i e C o m p o s t i n g O r d i n a n c e C L E A N 5 - 1 0 - 2 0 1 7 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g 5 p. Commercial Composting Facilities subject to the requirements of Section 7.10.34. Section 4. AMENDMENTS TO CHAPTER VII (DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS) OF THE LAND DEVELOPMENT CODE. Chapter VII (Development Design and Improvement Standards) of the St. Lucie County Land Development Code is hereby amended by creating a new Section 7.10.34, which contains the Supplemental Standards that are applicable to Commercial Composting Facilities. All of the text in Section 7.10.34 is new, but it is not underlined in this Ordinance because the underlining would make the Ordinance more difficult to read. Although Section 7.10.34 is new, the other provisions in Chapter VII are not being amended or otherwise changed by this Ordinance. The Land Development Code, as amended, shall read as follows: CHAPTER VII – DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS * * * * * 7.10.00. – SUPPLEMENTAL STANDARDS * * * * * 7.10.34 – COMMERCIAL COMPOSTING FACILITIES. A – Intent. The intent of this Section 7.10.34 is to establish the criteria for the location, permitting, and operation of Commercial Composting Facilities. B – Applicability. The provisions of this Section 7.10.34 shall be applicable to each Commercial Composting Facility that will be located in an unincorporated area of St. Lucie County. The construction and operation of a Commercial Composting Facility in an unincorporated area of St. Lucie County is prohibited, unless the construction and operation of the facility has been approved in compliance with the requirements in this Section 7.10.34 or is exempt from the requirements herein. The supplemental standards in this Section 7.10.34 apply to Commercial Composting Facilities that use Biosolids to produce Compost. For the purposes of this Section 7.10.34, Commercial Composting Facilities also include facilities that produce Compost with: Manure; the treated effluent or reclaimed water from a domestic wastewater treatment facility; solids removed from pump stations and lift stations; screenings and grit removed from the preliminary treatment components of domestic wastewater treatment facilities; ash generated during the incineration 4.A.c Packet Pg. 24 At t a c h m e n t 4 . A . c : S t L u c i e C o m p o s t i n g O r d i n a n c e C L E A N 5 - 1 0 - 2 0 1 7 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g 6 of Biosolids; septage; sludge from a food establishment or a grease trap interceptor; waste removed from portable toilets; waste removed from holding tanks associated with boats or marina facilities; garbage; or food waste. Facilities using one or more of these materials to produce Compost are prohibited in the unincorporated areas of St. Lucie County, unless the applicant for such facility demonstrates that the facility will comply with the requirements in this Section 7.10.34 or the applicant demonstrates that the facility is entitled to the County’s approval pursuant to another section of the St. Lucie County Land Development Code. Notwithstanding anything else contained herein, the requirements in this Section 7.10.34 do not apply to: 1. Normal Farming Operations, which are defined as follows: (a) Composting or anaerobic digestion of Yard Trash, Solid Waste, and Manure generated on the farm, as part of agronomic, horticultural, or silvicultural operations, for use on the farm, as part of agronomic, horticultural, or silvicultural operations; or (b) Composting or anaerobic digestion of Yard Trash, Solid Waste, and Manure generated off the farm, for use on the farm, as part of agronomic, horticultural, or silvicultural operations. 2. Backyard Composting, including Composting that is conducted by an individual or family solely for their own farming or gardening activities on their own property. 3. A Composting facility that only uses Yard Trash and/or untreated wood to produce Compost. 4. A Commercial Composting Facility that has received all of the necessary permits, licenses, and other approvals needed to construct and operate the facility lawfully, if such permits, licenses, and other permits were issued before this Section 7.10.34 took effect. C – Zoning Districts where Commercial Composting Facilities are allowed. Commercial Composting Facilities may be approved as a Conditional Use in an Agriculture-5 (AG- 5) zoning district, subject to the requirements in this Section 7.10.34 and the other requirements applicable to the AG-5 zoning district. Commercial Composting Facilities are prohibited in other zoning districts. D – Supplemental Standards for controlling water quality impacts from Commercial Composting Facilities. 1. In Section 373.4595(1)(d), Florida Statutes, the Florida Legislature “finds that it is imperative for the state, local governments, and agricultural and environmental communities to commit to restoring and protecting the surface water resources of the Lake Okeechobee watershed, the Caloosahatchee River watershed, and the St. Lucie 4.A.c Packet Pg. 25 At t a c h m e n t 4 . A . c : S t L u c i e C o m p o s t i n g O r d i n a n c e C L E A N 5 - 1 0 - 2 0 1 7 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g 7 River watershed, and that a watershed-based approach to address these issues must be developed and implemented immediately.” The Legislature also found that phosphorus and “other pollutants are contributing to water quality problems in the Lake Okeechobee watershed, . . . and the St. Lucie River watershed.” § 373.4595(1)(g), F.S. In Section 373.4595(4)(d), Florida Statutes, the Legislature required the adoption of a basin management action plan for the St. Lucie River Watershed. As part of the action plan, the Legislature prohibited the Florida Department of Environmental Protection from authorizing “the disposal of domestic wastewater biosolids within the St. Lucie River watershed unless the applicant can affirmatively demonstrate that the nutrients in the biosolids will not add to nutrient loadings in the watershed.” § 373.4595(4)(d)5, F.S. A similar prohibition applies to the disposal of biosolids in the Lake Okeechobee Watershed. § 373.4595(3)(b)16, F.S. 2. Consistent with the Legislature’s findings and mandates, the County wants to ensure that the operation of Commercial Composting Facilities in the unincorporated areas of the County will not cause or contribute to water quality problems in the St. Lucie River Watershed or the Lake Okeechobee Watershed. Accordingly, an applicant seeking a conditional use approval for a Commercial Composting Facility in the unincorporated County must demonstrate that the proposed activities at the Commercial Composting Facility will not cause a net increase in the Nutrient loadings or Pathogens in any surface water that drains into the St. Lucie River Watershed or the Lake Okeechobee Watershed. 3. An applicant will be presumed to comply with the requirement in Section 7.10.34.D.2, above, if the applicant demonstrates that the applicant’s proposed Commercial Composting Facility is designed to collect and Appropriately Treat all of the Leachate that will be generated at the proposed Commercial Composting Facility. 4. For the purposes of this Section 7.10.34, Leachate includes: (a) all of the stormwater that comes into contact with the Biosolids, Yard Trash, Solid Waste, and other organic material that the applicant will use to create Compost; (b) all of the liquid that emanates from the Biosolids, Yard Trash, Solid Waste, and other organic material that the applicant will use to create Compost; (c) all of the stormwater that comes into contact with, and all of the liquid that emanates from, the materials used to create Compost after the materials have been combined for Processing; and (d) all of the stormwater that comes into contact with, and all of the liquid that emanates from, partially treated Compost (e.g., Compost that is curing) and fully treated Compost (i.e., Compost that complies with the specifications for the Commercial Composting Facility’s finished product). 5. To comply with the requirement in Section 7.10.34.D.2, above: (a) all Composting activities must be conducted inside an Enclosed Building; (b) all raw materials used to create Compost (e.g., Biosolids, Yard Trash, etc.), all partially treated Compost, and all fully treated Compost must be stored inside an Enclosed Building; and (c) the Enclosed Building must comply with the requirements in Section 7.10.34.D.6, below. 6. For the purposes of complying with the water quality requirements in Section 7.10.34. D.2, above, an Enclosed Building means a building or structure that satisfies all of the following criteria: 4.A.c Packet Pg. 26 At t a c h m e n t 4 . A . c : S t L u c i e C o m p o s t i n g O r d i n a n c e C L E A N 5 - 1 0 - 2 0 1 7 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g 8 (a) The building must have a roof and four (4) walls, which fully enclose the interior of the building from the floor to the ceiling, except as otherwise provided herein. (b) The building must have an impermeable floor made of concrete, asphalt, or equivalent material. (c) The floor of the building must be sloped toward drains or sumps, which are sized and located to collect and remove any Leachate that is spilled, leaked, or discharged on the floor. (d) Drains, elevated speed bumps, or similar features must be installed at all doorways used to provide access into the building for vehicular traffic. These features must be designed and maintained to ensure that Leachate does not flow out of the building, via the doorways for vehicular traffic, and into the outside environment. (e) All of the building’s doors, windows, and other similar openings to the outdoors must be designed and operated to: (1) minimize the potential for rainwater to enter the building; and (2) prevent the release of Leachate from the building to any outdoor area. 7. An applicant must demonstrate that it will Appropriately Treat the Leachate collected inside the proposed Commercial Composting Facility. More specifically, the applicant must demonstrate that the applicant will pump or transport the Leachate to a domestic or industrial wastewater treatment facility that has received or will receive all of the necessary permits and approvals from the Florida Department of Environmental Protection to receive and treat the Leachate from the Commercial Composting Facility. The applicant also must provide the County with a letter from the owner or operator of the wastewater treatment facility, confirming that the wastewater treatment facility is willing and able to accept and treat the Leachate from the Commercial Composting Facility. 8. An applicant must demonstrate that the stormwater management system for the proposed Commercial Composting Facility will comply with the following requirements: (a) If the applicant’s stormwater management system will discharge to a waterbody that drains into the St. Lucie River Watershed or the Lake Okeechobee Watershed, the stormwater system must be designed to collect, treat, and retain the runoff generated by a one hundred (100) year, seventy-two (72) hour design storm, without discharging. (b) All retention and detention basins in the applicant’s stormwater management system must be setback one hundred feet (100’) from any waterbody that drains into the St. Lucie River Watershed or the Lake Okeechobee Watershed. (c) If the applicant’s stormwater management system will not discharge into a waterbody that drains into the St. Lucie River Watershed or the Lake Okeechobee Watershed, the stormwater management system must comply 4.A.c Packet Pg. 27 At t a c h m e n t 4 . A . c : S t L u c i e C o m p o s t i n g O r d i n a n c e C L E A N 5 - 1 0 - 2 0 1 7 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g 9 with all of the applicable standards established by the Florida Department of Environmental Protection and the South Florida Water Management District for such systems. 9. The applicant must provide a vegetated buffer (setback) between certain areas of the applicant’s site and any waterbody that drains to the St. Lucie River Watershed or the Lake Okeechobee Watershed. The setback shall be two hundred feet (200’) for all areas on the site where Biosolids are delivered, stored, or used to produce Compost, including areas where the partially treated Compost is cured. The setback shall be one hundred feet (100’) for all areas where Yard Trash or other organic materials (except Biosolids) are delivered, stored, or used to produce Compost. The setback shall be one hundred feet (100’) for all areas where the fully treated Compost is stored. 10. The applicant must demonstrate that the Commercial Composting Facility will be built at an elevation above the one hundred (100) year floodplain. This requirement applies to all buildings and areas used for Composting, including but not limited to buildings and areas used for receiving, storing, or Processing Biosolids, Yard Trash, Solid Waste, or other organic materials used to produce Compost, as well as areas used to store partially or fully treated Compost. E - Supplemental Standards for controlling Objectionable Odors from Commercial Composting Facilities. 1. An applicant must demonstrate that its Commercial Composting Facility will not cause Objectionable Odors at or beyond the boundary (property line) of the applicant’s site. 2. An applicant will be presumed to comply with the requirement in Section 7.10.34.E.1., above, if the applicant demonstrates that: (a) all Composting operations will be conducted inside an Enclosed Building; (b) all Biosolids, Yard Trash, Solid Waste, and other organic materials used to produce Compost will be received, stored, and used inside an Enclosed Building; (c) all partially and fully treated Compost will be stored inside an Enclosed Building; and (d), in each instance, the Enclosed Building will be designed and operated to collect and minimize the Objectionable Odors emitted from the Commercial Composting Facility. 3. To comply with the odor control requirements in Section 7.10.34.E.1, above, an applicant must comply with the following criteria for an Enclosed Building, in addition to the criteria set forth in Section 7.10.34.D.6, above: (a) The applicant must demonstrate that the building will be designed and operated to collect any Objectionable Odors that are generated inside the building. For example, the building should be equipped with a ventilation system designed to produce a negative air pressure inside the building. The negative air pressure should be maintained throughout the building at levels sufficient to prevent Objectionable Odors from leaving the inside of the building during normal operations. (b) The applicant must demonstrate that any Objectionable Odors generated in the building will be minimized before they are released to the outdoor environment. 4.A.c Packet Pg. 28 At t a c h m e n t 4 . A . c : S t L u c i e C o m p o s t i n g O r d i n a n c e C L E A N 5 - 1 0 - 2 0 1 7 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g 10 (1) The applicant should use an odor neutralization system to reduce Objectionable Odors inside the building. For example, the applicant should use misting systems that spray odor neutralizing compounds inside the building, and/or systems that generate and release ozone inside the building. (2) The Objectionable Odors inside the building should be treated with an activated carbon filter system or other air pollution control system that is designed and operated to minimize or eliminate the Objectionable Odors before the odors are discharged from the building to the atmosphere. (c) If the building has any doors or entranceways that are used to provide ingress and egress for vehicles, the doors must be equipped with high speed roll-up covers or equivalent mechanisms to minimize the potential for Objectionable Odors to leave the building. (d) The applicant must provide the County with an operations plan demonstrating that the doors used to provide vehicular access into the building, and other large openings into the building (e.g., openings for ventilation fans), will be closed to the greatest extent practicable. (1) All doors used to provide vehicular access into the building must be closed at all times, except when a vehicle is approaching the door to enter or exit the building. (2) All doors for vehicles must be closed at night, on weekends, and at other times that are outside of the Commercial Composting Facility’s normal business hours. (3) All of the other large openings into the building, such as the openings for ventilation fans (if any), shall be closed when the vehicle doors are closed, unless such openings need to remain open at other times pursuant to the operating plan for controlling Objectionable Odors (e.g., if the openings need to remain open so that ventilation fans can be used to provide negative air pressure inside the building). 4. The applicant must provide buffers (setbacks) from its Commercial Composting Facility to reduce the potential for Objectionable Odors and airborne Pathogens to reach off- site areas. (a) A setback of three hundred feet (300’) must be provided between the boundary (property line) of the applicant’s site and any area on the site where the applicant receives, stores, or uses Biosolids, Yard Trash, other organic materials used to produce Compost, or partially or fully treated Compost. (b) A setback of one thousand three hundred twenty feet (1,320’) must be provided between any on-site area where Biosolids will be delivered, stored, or used for Composting and the nearest building that is not owned by the 4.A.c Packet Pg. 29 At t a c h m e n t 4 . A . c : S t L u c i e C o m p o s t i n g O r d i n a n c e C L E A N 5 - 1 0 - 2 0 1 7 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g 11 applicant. This setback does not apply to buildings that are located on the applicant’s site. This setback also does not apply to buildings constructed after the County issues a conditional use approval for the construction of the Commercial Composting Facility. Further, this setback may be reduced if a smaller setback has been accepted in writing by the person that owns the building. F - Other Supplemental Standards for Commercial Composting Facilities. 1. The applicant must prepare an operating plan for the proposed Commercial Composting Facility. The operating plan must demonstrate that the operation of the proposed Commercial Composting Facility will not adversely affect off-site residents, businesses, or land uses as a result of Objectionable Odors, Pathogens, dust, stormwater runoff, insects, vermin, other vectors, truck traffic, noise, or other adverse impacts caused by the operation of the Commercial Composting Facility. The operating plan must be submitted to and approved by the County before the conditional use will be approved. 2. The operating plan must include a contingency plan, which describes the fire control and emergency operating measures that will be used at the Commercial Composting Facility. The contingency plan must describe the measures that will be followed during hurricanes, tropical storms, and other severe weather conditions to ensure that Biosolids, Yard Trash, Solid Waste, other organic materials used to produce Compost, partially and fully treated Compost, and Leachate will not be blown, discharged, or otherwise released into the environment as a result of the severe weather conditions. The contingency plan also must describe the measures that will be used to prevent fires from occurring on the site, as well as the measure that will be used to extinguish fires. 3. Fire lanes shall be established and maintained on the site to ensure access can be provided in the event of a fire or other emergency. The fire lanes shall be at least fifteen feet (15’) wide. The fire lanes shall be located between each windrow of partially or fully treated Compost, and between any stockpiles of Yard Trash, other materials used to create Compost, and Compost. None of these materials may be more than fifty feet (50’) from a fire lane or other location where access is provided for motorized firefighting equipment. 4. The maximum height of any pile of Yard Trash, or partially or fully treated Compost, shall be fifteen feet (15’). 5. Yard Trash and wood waste must be managed on a “first-in, first-out” basis. Such materials shall be used to produce Compost or removed from the site within sixty (60) days after the material is delivered to the site. All of the fully treated Compost shall be removed from the site within one hundred twenty (120) days after the Composting process is completed. All of the raw materials used to produce Compost (e.g., Biosolids; Yard Trash; etc.), all of the partially treated Compost, and all of the fully treated Compost shall be removed from the site within sixty (60) days after the applicant ceases operation of the Commercial Composting Facility. 6. If the applicant’s site is located within one thousand feet (1,000’) of any zoning district that allows one or more residential dwelling units to be built on lots that are less than five (5) acres in size, the following criteria shall apply: 4.A.c Packet Pg. 30 At t a c h m e n t 4 . A . c : S t L u c i e C o m p o s t i n g O r d i n a n c e C L E A N 5 - 1 0 - 2 0 1 7 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g 12 (a) The business hours of the Commercial Composting Facility shall be limited to Monday through Friday, from 8:00 a.m. to 6:00 p.m. (b) The Commercial Composting Facility shall not accept deliveries of Biosolids, Yard Trash, or similar materials in trucks, and shall not transport Compost from the site in trucks, except during the days and hours of operation specified in Section 7.10.34.F.6(a), above. (c) Chipping and grinding of Yard Trash, land clearing debris, wood waste, or other similar materials shall not be conducted on the applicant’s site, except during the days and hours of operation specified in Section 7.10.34.F.6(a), above. 7. The applicant must demonstrate that it has the ability to obtain and maintain a performance bond, irrevocable letter of credit, or other form of financial surety (collectively, “Performance Bond”) for the benefit of the County. Before the applicant commences construction of the Commercial Composting Facility, the applicant must provide a Performance Bond to the County to guarantee the applicant’s performance in compliance with the County’s Land Development Code and other applicable requirements. The amount of the Performance Bond must be large enough to ensure that the County will have sufficient funds available, if necessary, to remove all of the Biosolids, Yard Trash, Compost, and similar materials from the applicant’s site if the applicant fails to perform in compliance with the County’s Land Development Code and other applicable requirements. The applicant shall have an independent professional engineer prepare an estimate of the cost of having a third party remove the Biosolids and other materials from the applicant’s site at a time when the Commercial Composting Facility is operating at its maximum design capacity. The County shall determine the amount of the Performance Bond; however, the bond shall not be less than twenty five thousand dollars ($25,000). The form of the Performance Bond shall be subject to the County’s prior approval. 8. The applicant must demonstrate that Biosolids, Yard Trash, Solid Waste, and other materials will not be tracked from the applicant’s site onto local roads as a result of truck traffic. The applicant must install a wheel wash system, or a “Soil Tracking Prevention Device” designed in compliance with the requirements of the Florida Department of Transportation, or a similar system that will remove Biosolids, Yard Trash, Solid Waste, and other materials from the tires and undercarriage of the trucks leaving the site of the Commercial Composting Facility. 9. The supplemental standards in this Section 7.10.34 establish the minimum requirements applicable to the applicant’s proposed Commercial Composting Facility. In addition to the requirements in this Section 7.10.34, an applicant must demonstrate that the proposed Commercial Composting Facility will be located, designed, built, and operated in compliance with all of the other applicable County requirements, including but not limited to the requirements for landscaping, lighting, and signage. Further, the County may impose additional requirements on the applicant’s proposed facility, based on the specific features of the applicant’s proposed site, facility, and operating plan. Such requirements may address the facility’s adverse impacts on public health, safety, and welfare, including but not limited to the adverse impacts on public safety and highway maintenance caused by the truck traffic generated by the applicant’s proposed facility. 4.A.c Packet Pg. 31 At t a c h m e n t 4 . A . c : S t L u c i e C o m p o s t i n g O r d i n a n c e C L E A N 5 - 1 0 - 2 0 1 7 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g 13 10. The applicant will be required to demonstrate that all necessary permits and approvals for the construction of the proposed Commercial Composting Facility have been received by the applicant, before the applicant begins to construct the facility. 11. The County’s representatives shall have the right to enter the applicant’s site, after presenting their credentials or other form of identification, to determine whether the construction and operation of the Commercial Composting Facility complies with the County’s requirements. 12. After providing notice to the applicant and an opportunity to be heard, the County may revoke its conditional use approval for the Commercial Composting Facility if the County determines that the facility has not been built or is not being operated in compliance with (a) the information provided to the County in support of the applicant’s request for a conditional use, (b) a requirement contained in this Section 7.10.34, (c) a requirement contained in the County’s conditional approval for the applicant’s facility, or (d) one of the other County requirements applicable to the Commercial Composting Facility. G – Waivers of Supplemental Standards. 1. The County supports and encourages Composting, when the Composting is performed properly and does not pose a threat to the environment or the public welfare. The County recognizes that the state-of-the-art is evolving relatively rapidly with regard to Composting, odor controls, and related matters. Accordingly, the County will grant a waiver of a requirement in these Supplemental Standards in cases where the applicant demonstrates to the County’s reasonable satisfaction that granting the waiver will not pose a threat to the environment or public welfare. 2. More specifically, a waiver shall be granted from a requirement in this Section 7.10.34 when a person subject to the requirement demonstrates that (a) the underlying purpose of the requirement has been or will be achieved by other means employed by the applicant and (b) the application of the requirement would create a substantial hardship for the applicant. For the purposes of this paragraph, “substantial hardship” means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the waiver, in a case where the hardship to the individual significantly outweighs the public benefit of enforcing the requirement. 3. The general procedures for requesting and obtaining a waiver shall be the same as the general procedures in Sections 10.01.04 and 10.01.05 of the St. Lucie County Land Development Code for requesting and obtaining a variance, except that the application and supporting information submitted by the applicant shall address the issues set forth in Section 7.10.34.G.2, above, and the standards for granting or denying a waiver shall be limited to the standards set forth in Section 7.10.34.G.2, above. H – Exhaustion of administrative remedies. 1. An applicant must exhaust the administrative remedies provided in Section 7.10.34.G, above, before the applicant seeks judicial review of any County decision denying, in whole or in part, an application for a conditional use approval, which is based on the County’s determination that the application did not comply with one or more of the requirements in Section 7.10.34 of the St. Lucie County Land Development Code. 4.A.c Packet Pg. 32 At t a c h m e n t 4 . A . c : S t L u c i e C o m p o s t i n g O r d i n a n c e C L E A N 5 - 1 0 - 2 0 1 7 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g 14 2. An applicant or property owner claiming that Section 7.10.34, 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 Section 7.10.34. I – Interpretation of the definitions and terms used in these Supplemental Standards. 1. The definitions in Section 2.00.00 of St. Lucie County’s Land Development Code shall be used when construing and applying this Section 7.10.34. In addition, the definitions adopted by the Florida Department of Environmental Protection in Sections 62-640.200, 62-701.200, and 62-709.201, Florida Administrative Code, may be used to supplement the definitions adopted by the County in Section 2.00.00. However, if any definition adopted by the County conflicts with a definition adopted by the Florida Department of Environmental Protection, the definition adopted by the County shall prevail when construing and applying the requirements in the Land Development Code and this Section 7.10.34. 2. When used in this Section 7.10.34, the words “include” and “including” shall not be construed to be terms of limitation. References to included matters or items will be regarded as illustrative and will not be interpreted as a limitation on, or an exclusive listing of, the matters or items referred to. Section 5. CONFLICTING PROVISIONS. This Ordinance does not amend, and shall not be construed to amend, any provision in the St. Lucie County Land Development Code, except as otherwise expressly stated herein. However, if any special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, are in conflict with this Ordinance, they are hereby superseded by this Ordinance to the extent of such conflict. Section 6. 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 7. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable only in the unincorporated areas of St. Lucie County. Section 8. CODIFICATION. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word “Ordinance” may be changed to “Section’ or other appropriate word. 4.A.c Packet Pg. 33 At t a c h m e n t 4 . A . c : S t L u c i e C o m p o s t i n g O r d i n a n c e C L E A N 5 - 1 0 - 2 0 1 7 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g 15 Section 9. 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 10. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. Section 11. EXPIRATION OF ORDINANCE 16-006. When this Ordinance becomes effective, Ordinance 16-006 shall expire and have no further effect. If Ordinance 16-006 expired before the effective date of this Ordinance, Ordinance 16-006 shall continue to have no effect. Section 12. 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 4.A.c Packet Pg. 34 At t a c h m e n t 4 . A . c : S t L u c i e C o m p o s t i n g O r d i n a n c e C L E A N 5 - 1 0 - 2 0 1 7 ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g 1 Sarah Smith From:Bonnie Landry Sent:Tuesday, May 16, 2017 5:55 PM To:Sarah Smith; Bethany Grubbs; Linda Pendarvis Cc:Diana Waite Subject:FW: Commercial Compost Facilities Draft Ordinance = follow up email. Attachments:St Lucie Summary of Composting Ordinance 5-10-2017 (002).docx; FLA979830-001- DW1S Sunbreak Farms Composting Facility Notice of Intent (2).pdf     From: Chris Dzadovsky   Sent: Monday, May 15, 2017 12:26 PM  To: 'rolf.seichter@htconsultingservices.com' <rolf.seichter@htconsultingservices.com>; Diana Waite  <waited@stlucieco.org>; Bonnie Landry <LandryB@stlucieco.org>  Cc: Howard Tipton <TiptonH@stlucieco.org>; Mark Satterlee <satterleem@stlucieco.org>; Daniel McIntyre  <MCIND@stlucieco.org>; Leslie Olson <OlsonL@stlucieco.org>; Erick Gill <gille@stlucieco.org>; Bethany Grubbs  <GrubbsB@stlucieco.org>; IlseSei@aol.com; tyler.treadway@tcpalm.com; 'Linda Gausten' <lgausten@yahoo.com>;  'charles gausten' <cgausten@yahoo.com>; mayor@cityofpsl.com; mark48198@gmail.com; Robert Delgadillo  <DelgadilloR@stlucieco.org>  Subject: RE: Commercial Compost Facilities Draft Ordinance = follow up email.    Mr. Seichter:    Thank you once again for your additional comments.  I believe much of what you are seeking is contained within these elements for the draft.    Please do not forget that just saying NO leave the county and taxpayers exposed to a Bert Harris lawsuit.   http://leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000‐0099/0070/0070.html     Please be sure to attend the public educational events to learn more on the issue as well as to be able to offer positive  suggestions to our process and any final draft that may be considered for approval.  Once again thank you for your  support of the BOCC in this very important matter.    Lastly, please be aware that no presentation of a Bio‐solid facility is proposed at the former CompostUSA site from the  recent past.  However, I have attached the recent acknowledgment by FDEP that they were in the process of the intent  to permit a facility at 5101 Minute Maid Rd. in SLC.  (which is directly located near the C‐25 canal that discharges directly  to the Indian River Lagoon.    (see attached) FLA979830‐001‐DW1S    Respectfully,    Chairman Chris Dzadovsky  St. Lucie County Commission  District 1  Office: (772) 462‐1410  Mobile (772) 834‐6581    Aviation and Business Park Opportunities:  4.A.d Packet Pg. 35 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 2     From: Rolf D. Seichter [mailto:rolf.seichter@htconsultingservices.com]   Sent: Monday, May 15, 2017 11:56 AM  To: Chris Dzadovsky <DzadovskyC@stlucieco.org>; Diana Waite <waited@stlucieco.org>; Bonnie Landry  <LandryB@stlucieco.org>  Cc: Howard Tipton <TiptonH@stlucieco.org>; Mark Satterlee <satterleem@stlucieco.org>; Daniel McIntyre  <MCIND@stlucieco.org>; Leslie Olson <OlsonL@stlucieco.org>; Erick Gill <gille@stlucieco.org>; Bethany Grubbs  <GrubbsB@stlucieco.org>; IlseSei@aol.com; tyler.treadway@tcpalm.com; 'Linda Gausten' <lgausten@yahoo.com>;  'charles gausten' <cgausten@yahoo.com>; mayor@cityofpsl.com; mark48198@gmail.com  Subject: RE: Commercial Compost Facilities Draft Ordinance = follow up email.    Thank you very much for the instant reply, Commissioner Dzadovsky. I am glad to see that the communication lines are  still open and I hope that they will remain open.    Although I fully understand your point of view, I am taking the approach that the St. Lucie Commissioners should make  instead the decision – with scientific and legal back up – that our County is not suited for biosolid processing facilities.  Go even further: The Group should suggest Counties which are much better suited, like not being close to the lagoon or  being in a flood risk area, having much lesser or no residents close to the facilities.    I know that the tax dollars for biosolid processing in the St Lucie county would be very attractive for the St Lucie County,  but the quality of life these areas of biosolid processing plant would suffer. There were also questionable donations in  the past and these donations, if repeated, should not be accepted in the first place. Ethics 101.  On the other hand, if  you allow the biosolids processing, the property prices will definitely decrease which means that St Lucie does not really  manage the growth of income, but takes a bandage from one bleeding wound and puts it on another bleeding wound.  Us Europeans call that the “British” approach of fixing a problem.    I don’t want to have a possible overall less residential tax burden because of the biosolid processing income, but getting  most likely sick because of the too close biosolid facility as a “trade‐off”.    I highly recommend that you take the BASIC approach in your rule making and the legislation of: “WE DON’T WANT IT  HERE, LOOK SOMEWHERE ELSE”.    The CompostUSA case was a great learning experience for all individuals involved. CompostUSA knew that the evidence‐  before the voting ‐ of “past failure” was overwhelming. Martin County and PSL even spoke up and spoke against the  biolsolid facilities through strong resolutions.  Putting a roof over their past failures is like closing your eyes, but it will  not make all the environmental and residential problems go away.    Thank you for your consideration.    Sincerely,            Rolf D. Seichter          Founder & President   4.A.d Packet Pg. 36 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 3                         High Tech Consulting Services, LLC                       Phone: 1‐978‐852‐5803                  OFFICE IN NEW HAMPSHIRE           Gilford, NH 03249           Email:  Rolf.Seichter@HTConsultingServices.com           Web Site:  www.HTCounsultingservices.com           SKYPE:   rolf‐ke1y,  LinkedIn,  Facebook           Virtual Desk in Port St Lucie, Florida                               The information contained in this email may be privileged, confidential and protected from disclosure.  If you are not the  intended recipient of this email, please do not read, copy, forward, use or disclose its contents, and please notify the  sender by replying to this email [or by calling the sender at 1‐978‐852‐5803 in the United States] and delete this email  and any copies of it. Thank you.      From: Chris Dzadovsky [mailto:DzadovskyC@stlucieco.org] Sent: Monday, May 15, 2017 8:44 AM To: rolf.seichter@htconsultingservices.com; Diana Waite; Bonnie Landry Cc: Howard Tipton; Mark Satterlee; Daniel McIntyre; Leslie Olson; Erick Gill; Bethany Grubbs; IlseSei@aol.com; tyler.treadway@tcpalm.com; Linda Gausten; charles gausten Subject: RE: Commercial Compost Facilities Draft Ordinance   Mr. Seichter: Thank you for the valuable input in the subject of bio solid composting. The process, as you are aware is far from complete. Some of the concerns you raise are in the most recent draft, while others seem reasonable to review and consider for additional provisions of said draft. Our over all concern is to find the most effective rule making that maintains SLC high standard for the environment, public safety, and quality of life. Thanks again! Chris Respectfully,     Chris Dzadovsky  St. Lucie County Commissioner  District 1  Office: (772) 462‐1410  4.A.d Packet Pg. 37 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 4 Mobile: (772) 834‐6581     "All children are capable of success, NO exceptions!"     Please consider the environment before printing this email.  From: Rolf D. Seichter [rolf.seichter@htconsultingservices.com] Sent: Sunday, May 14, 2017 5:19 PM To: Diana Waite; Bonnie Landry Cc: Frannie Hutchinson; Chris Dzadovsky; Tod Mowery; Howard Tipton; Mark Satterlee; Daniel McIntyre; Leslie Olson; Bonnie Landry; Erick Gill; Linda Bartz; Cathy Townsend; Bethany Grubbs; IlseSei@aol.com; tyler.treadway@tcpalm.com; Linda Gausten; charles gausten Subject: RE: Commercial Compost Facilities Draft Ordinance Good Day,     In response to the Draft Ordinance:     The St. Lucie County proposal makes absolutely no sense ‐ if they consider again the land  around Shinn Rd like previously – because the infrastructure has not changed:  One road in and one road out, for 40 ‐50 trucks each way each day.     Also, the area is listed as a high risk area for flooding. Thus, a building would have to have a  higher level foundation to avoid flooding inside the building. This area in Florida has very often  power failure due to lightning. Thus, the building would have to have a stand‐by power  generator with instant switch‐over capabilities, same for phone lines.     When I spoke 2 years ago with the fire marshal about the CompostUSA plans, he was very  concerned to have such an outdoor biosolid facility near the high‐tension lines. A building near  the high‐tension lines would be even worse, considering that a high‐tension wire might come  down during a hurricane.     Also, the polluted water which is caused during the biosolid process has to go somewhere.  Since there are no ground pipes to bring the water to a sewage plant, the water will end up in  either the ground or in the nearby canals which is a big threat for the nearby farmers.     AGAIN: Loosening up the rules & regulations by assuming a building/plant indoor  processing, instead of open air processing, does NOT take care of the issues. As Linda Gausten  said, composting is good for the environment, if it is done far away from residential areas. All  the processing facility examples given in the article are in either industrial zones and/or far  away from residential areas. I hope that the hearings and facts will demonstrate that biosolid  processing is not good for the area which it is planned for.     NO WAY COMPOST USA !!     4.A.d Packet Pg. 38 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 5 Thank you for your consideration of the above during the first meeting. Unfortunately, I  cannot attend the first meeting, but I am planning to be there for the following two meetings.     Regards,            Rolf D. Seichter           Founder & President                           High Tech Consulting Services, LLC                       Phone: 1‐978‐852‐5803                  OFFICE IN NEW HAMPSHIRE           Gilford, NH 03249           Email:  Rolf.Seichter@HTConsultingServices.com           Web Site:  www.HTCounsultingservices.com           SKYPE:   rolf‐ke1y,  LinkedIn,  Facebook           Virtual Desk in Port St Lucie, Florida                                The information contained in this email may be privileged, confidential and protected from disclosure.  If you are not the  intended recipient of this email, please do not read, copy, forward, use or disclose its contents, and please notify the  sender by replying to this email [or by calling the sender at 1‐978‐852‐5803 in the United States] and delete this email  and any copies of it. Thank you.        From: Diana Waite [mailto:waited@stlucieco.org] Sent: Friday, May 05, 2017 3:57 PM To: Bonnie Landry Cc: Frannie Hutchinson; Chris Dzadovsky; Tod Mowery; Howard Tipton; Mark Satterlee; Daniel McIntyre; Leslie Olson; Bonnie Landry; Erick Gill; Linda Bartz; Cathy Townsend; Bethany Grubbs Subject: Commercial Compost Facilities Draft Ordinance     This is to advise you of an upcoming St. Lucie County Planning and Zoning Commission hearing based upon your previous  contact to us regarding composting facilities in St. Lucie County.       On May 18, 2017 at 6pm the Planning and Zoning Commission is scheduled to hold the first of three public hearings to  consider a draft ordinance that would regulate commercial composting facilities in St. Lucie County. As you may recall  the County adopted a stop gap ordinance that postponed the approval of these facilities for one year plus thirty days.      Since the adoption of the stop gap ordinance a study related to the uses, issues and impacts was conducted to create  the draft land development code changes to be considered.      Attached is a copy of the Stop Gap Ordinance and the draft Commercial Composting Facilities ordinance that will be  considered on May 18, 2017.        4.A.d Packet Pg. 39 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 6 The full agenda for the Planning and Zoning Commission meeting may be found at  http://stluciefl.iqm2.com/Citizens/Default.aspx.  Please select the Planning and Zoning Commission from the meeting  group selection in the upper left hand side of the page.      Please feel free to contact us at 772‐462‐2822 regarding any questions or additional information you may need.      Sincerely,    Wj     Diana Waite, AICP  Senior Planner  772.462.1577  waited@stlucieco.org        St. Lucie County Planning Division is committed to great service and your feedback is vital.  Please take our short survey to let us know how we’re doing.  http://www.stlucieco.gov/planning/SLCPlanningSurvey.htm       Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers.  Virus-free. www.avast.com Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 4.A.d Packet Pg. 40 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 1 Sarah Smith From:Bonnie Landry Sent:Tuesday, May 16, 2017 5:59 PM To:Linda Pendarvis Cc:Sarah Smith; Bethany Grubbs; Diana Waite Subject:FW: Ordinance 17-xxxx Draft 4/28/2017 Composting Regulations Linda please draft a generic response; (ie thank you for your input and he will get a more detailed response in a  subsequent email) Sarah/Bethany add to public comments log.   From: Leslie Olson   Sent: Tuesday, May 16, 2017 5:56 PM  To: Bonnie Landry <LandryB@stlucieco.org>  Subject: Re: Ordinance 17‐xxxx Draft 4/28/2017 Composting Regulations Jill is working on a response. Pls have Linda draft a generic one, saying we will be following up on his specific questions shortly. Sent from my Verizon 4G LTE Smartphone ------ Original message------ From: Bonnie Landry Date: Tue, May 16, 2017 5:45 PM To: Leslie Olson; Cc: Subject:FW: Ordinance 17-xxxx Draft 4/28/2017 Composting Regulations As I am sure you suspect, I am catching up on emails.  This one is pretty involved. Do you want me to try and draft a response or did you send out to Jill, etc. for them to  address? Or I could have Linda take a stab at this but she has less time with this ordinance. Please advise. Bonnie   From: Leslie Olson   Sent: Monday, May 15, 2017 4:13 PM  To: David Dee <ddee@gbwlegal.com>; Jill Grimaldi <GrimaldiJT@cdmsmith.com>; Eric Grotke  <GrotkeEJ@cdmsmith.com>; Daniel McIntyre <MCIND@stlucieco.org>; Mark Satterlee <satterleem@stlucieco.org>;  Bonnie Landry <LandryB@stlucieco.org>; Katherine Barbieri <Barbierik@stlucieco.org>  Subject: Fwd: Ordinance 17‐xxxx Draft 4/28/2017 Composting Regulations More questions from a stakeholder Sent from my iPad Begin forwarded message: From: Robert Delgadillo <DelgadilloR@stlucieco.org> Date: May 15, 2017 at 11:13:19 AM EDT To: Chris Dzadovsky <DzadovskyC@stlucieco.org> 4.A.d Packet Pg. 41 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 2 Cc: Leslie Olson <OlsonL@stlucieco.org>, Robert Delgadillo <DelgadilloR@stlucieco.org> Subject: FW: Ordinance 17-xxxx Draft 4/28/2017 Composting Regulations Chris,   FYI:   Mark Murray, emailed his questions (see below).         ‐‐Robert   _____________________________________________ Robert A. Delgadillo ● Executive Aide ● District 1 – Chris Dzadovsky ● St. Lucie County Board of County Commissioners Office: (772) 462-1410 ● Cell: (772) 204-3809 ● Fax: (772) 462-2131 ● 2300 Virginia Avenue ● Fort Pierce, FL 34982 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.           From: Mark Murray [mailto:mark48198@gmail.com]   Sent: Monday, May 15, 2017 9:28 AM  To: Robert Delgadillo <DelgadilloR@stlucieco.org>  Cc: Chris Dzadovsky <DzadovskyC@stlucieco.org>; Rolf D. Seichter  <rolf.seichter@htconsultingservices.com>; Roland Yee <Rolandyee@yahoo.com>; Linda Gausten  <lgausten@yahoo.com>; Carol Anderson <Carolannfla@outlook.com>  Subject: Re: Ordinance 17‐xxxx Draft 4/28/2017 Composting Regulations Gentlemen, Robert, in response to your returned call to me, here are a few of my questions for the commissioners and zoning department: The draft sites a number of definitions and technical requirements. Who are the individuals, organization and companies who have been retained by the county to support the draft of ordinance, in particular the technical requirements? Where can I find a statement of their qualifications? What resources are being used to develop technical requirements that meet local, state and federal laws regarding construction of a "biosolids" use site in an high groundwater, environmentally sensitive site? What specific local, states and federal laws are being addressed? 4.A.d Packet Pg. 42 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 3 In section 7.10.34 D, Florida Stautes 373.4595(1)(d) is noted. However, Florida Administrative Rules, Law, Code, Register notes in 62-640.400: 62-640.400 Prohibitions. (1) Ocean disposal of residuals, or disposal of residuals in any water, including direct discharge to ground water, is prohibited. No mention of this requirement is noted in the draft of the ordinance. As much of St. Lucie County has high, seasonal groundwater levels near to land surface, protection of leachate entering any ground water must be clearly noted and met by the design requirements of any facility of equipment used to handle biosolids and leachates. Specific mention of the requirement of 62- 640.400 should be noted and be a requirement of any site that will process biosolids. Can you add this Florida biosolids rules to the draft as a requirement of the ordinance? The draft notes, also in section 7.10.34 D 6 (b) "The building must have an impermeable floor made of concrete, asphalt or equivalent material." Please note that neither of the materials are impermeable to the passage of water nor do these meet typical biosolid sites hydraulic conductivity requirements to prevent leachates from entering the ground water. Additionally, concrete and asphalt are subject to fracturing and deterioration (due to acids and other chemicals found in biosolids, shift ground and mechanical working of equipment) over time yielding increasing of fluid passage through these materials. How will the "impermeable" requirement be defined to assure leachates do not seep into the groundwater of St. Lucie County and Florida? Additional, I have not found a "detention pond or leachate retention facility" requirement for impermeable lining. Any leachate retention must be contained in such a manner as to prevent contamination of groundwater per Florida State prohibitions not in 62-640.400. How will this be addressed? Lining materials are commercially available that meet the hydraulic conductivity requirement for impermeability. As neither concrete nor asphalt meet the impermeable requirement other materials needs to be defined. What will these materials be and will the hydraulic conductivity requirement be noted as a requirement? Typical, in addition to the requirement of impermeability of the liners of the site, tanks, holding ponds, etc. site design require the impermeable liner be at less one meter above the seasonal high groundwater of the site. Do you plan to have such a requirement? Section 7.10.34 D 8 notes storm water management based on a certain 100 year storm. Many areas of St. Lucie County flood during "normal" heavy rains. The requirement should state "design such that no discharge" will be permitted into surface or ground waters. Under "Waiver Supplemental Standards", G-2 the draft notes " a waiver shall be granted from a requirement in this section 7.10.34 when a person subject to the requirement demonstrates that (b) the application of the requirement would create SUBSTANTIAL HARDSHIP for the applicant." Requirements to design, build and 4.A.d Packet Pg. 43 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 4 operate a facility processing biosolids are controlled by law. Yet, this waiver allowance gives the applicant and county a path around the laws of Florida and the US. How will the county draft the ordinance requirements to prevent pathogenic contamination of commercial agricultural operations of farms near these facilities that may endanger the health of citizens who consumer the crops produced by these farmers? What might the county do to write this provision in such a way that no laws can be broken and the rights of the citizens of St. Lucie County will not be abused? I would appreciate a response to my questions and inclusion in notices, meetings and documents relating to this matter. I plan attend meetings as my schedule permits. Best regards, Mark Murray 9416 Scarborough Ct Port St. Lucie, Fl 860.368.1579 Mark On Tue, May 9, 2017 at 5:11 PM, Robert Delgadillo <DelgadilloR@stlucieco.org> wrote: Mark,   As you know, on May 18, 2017 at 6 p.m. the Planning and Zoning Commission is scheduled to hold the  first public hearing to consider the composting ordinance.     Thereafter, there will be a Public Workshop on the ordinance; however, that date is still being  determined.     The second and third hearing for the ordinance will be before the Board of County Commissioners  targeted for June 6th and June 20th , respectively.   The agenda for any one of the meetings can be found on the county website, once they become  available.:   http://www.stlucieco.gov/   I hope this gives you a better idea for your planning purposes.     Regards,   ‐‐Robert   _____________________________________________ Robert A. Delgadillo ● Executive Aide ● District 1 – Chris Dzadovsky ● St. Lucie County Board of County Commissioners 4.A.d Packet Pg. 44 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 5 Office: (772) 462-1410 ● Cell: (772) 204-3809 ● Fax: (772) 462-2131 ● 2300 Virginia Avenue ● Fort Pierce, FL 34982 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.             From: Chris Dzadovsky   Sent: Tuesday, May 09, 2017 8:26 AM  To: Robert Delgadillo <DelgadilloR@stlucieco.org>  Subject: FW: Ordinance 17‐xxxx Draft 4/28/2017 Composting Regulations     Respectfully,   Chairman Chris Dzadovsky St. Lucie County Commission District 1 Office: (772) 462‐1410 Mobile (772) 834‐6581   Aviation and Business Park Opportunities: The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.   From: Mark Murray [mailto:mark48198@gmail.com]   Sent: Tuesday, May 09, 2017 8:01 AM  To: Chris Dzadovsky <DzadovskyC@stlucieco.org>  Cc: Rolf D. Seichter <rolf.seichter@htconsultingservices.com>; Roland Yee <Rolandyee@yahoo.com>  Subject: Ordinance 17‐xxxx Draft 4/28/2017 Composting Regulations Dear Chairman Dzadovsky, We spoke in the past regarding composting with St. Lucie County and I am a property owner in PGA Village. I am in receipt of the subject draft and have a few questions that I would like to ask of you regarding the draft's positives and some important omissions prior to the forth coming meeting on May 18, 2017. Is there a time when we can schedule a call to discuss? I am very flexible to your schedule except for tomorrow, Wed. 930-1030 am and this Fri. 1130-1 pm. Please let me what works for you. Best regards, Mark Murray 860 368 1579 4.A.d Packet Pg. 45 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 6 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 4.A.d Packet Pg. 46 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 1 Sarah Smith From:Diana Waite Sent:Thursday, May 18, 2017 9:48 AM To:Sarah Smith Cc:Bonnie Landry Subject:FW: Proposed Composting Facilities Ordinance Attachments:ProposedCompostingFacilitiesOrdinanceLetter05.11.2017.pdf Please make sure the attached letter is in minutetraq      Sincerely,   Wj   Diana Waite, AICP  Senior Planner  772.462.1577  waited@stlucieco.org      St. Lucie County Planning Division is committed to great service and your feedback is vital.  Please take our short survey to let us know how we’re doing.  http://www.stlucieco.gov/planning/SLCPlanningSurvey.htm    From: Chris Dzadovsky   Sent: Thursday, May 11, 2017 3:18 PM  To: Daniel McIntyre <MCIND@stlucieco.org>; Mark Satterlee <satterleem@stlucieco.org>  Cc: Robert Delgadillo <DelgadilloR@stlucieco.org>; Bonnie Landry <LandryB@stlucieco.org>; Diana Waite  <waited@stlucieco.org>; Leslie Olson <OlsonL@stlucieco.org>; Jeffrey Johnson <JohnsonJ@stlucieco.org>  Subject: FW: Proposed Composting Facilities Ordinance    Greeting All:    Here is the latest from a legal firm on behalf of PGA.    May I ask, based on the letter it would seem that they have not seen the significant changes to the ord?  Specifically, enclosed operations, negative pressure for odor and particulates, as well as concrete floor with not fluid  disbursement from the property.  Etc…    Respectfully,    Chairman Chris Dzadovsky  St. Lucie County Commission  District 1  Office: (772) 462‐1410  Mobile (772) 834‐6581    Aviation and Business Park Opportunities:  4.A.d Packet Pg. 47 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 4.A.d Packet Pg. 48 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 4.A.d Packet Pg. 49 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 4.A.d Packet Pg. 50 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 2     From: Katrina Piperno [mailto:kpiperno@ssclawfirm.com]   Sent: Thursday, May 11, 2017 11:02 AM  To: Chris Dzadovsky <DzadovskyC@stlucieco.org>; Tod Mowery <moweryt@stlucieco.org>; Linda Bartz  <BartzL@stlucieco.org>; Frannie Hutchinson <hutchinsonf@stlucieco.org>; Cathy Townsend  <TownsendC@stlucieco.org>  Cc: Andre Parke <aparke@ssclawfirm.com>  Subject: Proposed Composting Facilities Ordinance    Good Morning Board of County Commissioners,     Please see the attached letter regarding the proposed composting facilities ordinance. Should you have any questions  regarding this letter, please feel free to contact Andre Parke directly at (561) 237‐6811.     Thank you,   Katrina Piperno  Legal Assistant to the Estate and Trust Department Legal Assistant to Andre S. Parke, Esq. SACHS SAX CAPLAN, P.L. 6111 Broken Sound Parkway NW Suite 200| Boca Raton, FL 33487  Tel 561- 994.4499 | Direct 561- 237.6883 | Fax 561- 994.4985 kpiperno@ssclawfirm.com | www.ssclawfirm.com Confidential Communication: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.   Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 4.A.d Packet Pg. 51 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 1 Sarah Smith From:Diana Waite Sent:Thursday, May 18, 2017 9:44 AM To:Sarah Smith Cc:Bonnie Landry Subject:FW: Commercial Compost Facilities Draft Ordinance     Sincerely,   Wj   Diana Waite, AICP  Senior Planner  772.462.1577  waited@stlucieco.org      St. Lucie County Planning Division is committed to great service and your feedback is vital.  Please take our short survey to let us know how we’re doing.  http://www.stlucieco.gov/planning/SLCPlanningSurvey.htm    From: Robert DiGiovanni [mailto:n7086l@gmail.com]   Sent: Friday, May 12, 2017 8:37 AM  To: Diana Waite <waited@stlucieco.org>  Subject: Re: Commercial Compost Facilities Draft Ordinance  Diana, When will the agenda be posted for the May 18th meeting? Robert DiGiovanni On Fri, May 5, 2017 at 3:56 PM, Diana Waite <waited@stlucieco.org> wrote: This is to advise you of an upcoming St. Lucie County Planning and Zoning Commission hearing based upon your previous contact to us regarding composting facilities in St. Lucie County. On May 18, 2017 at 6pm the Planning and Zoning Commission is scheduled to hold the first of three public hearings to consider a draft ordinance that would regulate commercial composting facilities in St. Lucie County. As you may recall the County adopted a stop gap ordinance that postponed the approval of these facilities for one year plus thirty days. Since the adoption of the stop gap ordinance a study related to the uses, issues and impacts was conducted to create the draft land development code changes to be considered. 4.A.d Packet Pg. 52 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 2 Attached is a copy of the Stop Gap Ordinance and the draft Commercial Composting Facilities ordinance that will be considered on May 18, 2017. The full agenda for the Planning and Zoning Commission meeting may be found at http://stluciefl.iqm2.com/Citizens/Default.aspx. Please select the Planning and Zoning Commission from the meeting group selection in the upper left hand side of the page. Please feel free to contact us at 772-462-2822 regarding any questions or additional information you may need. Sincerely, Wj Diana Waite, AICP Senior Planner 772.462.1577 waited@stlucieco.org St. Lucie County Planning Division is committed to great service and your feedback is vital. Please take our short survey to let us know how we’re doing. http://www.stlucieco.gov/planning/SLCPlanningSurvey.htm Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 4.A.d Packet Pg. 53 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 3 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 4.A.d Packet Pg. 54 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 1 Sarah Smith From:Diana Waite Sent:Thursday, May 18, 2017 9:12 AM To:Sarah Smith Subject:FW: Commercial Compost Facilities Draft Ordinance     Sincerely,   Wj   Diana Waite, AICP  Senior Planner  772.462.1577  waited@stlucieco.org      St. Lucie County Planning Division is committed to great service and your feedback is vital.  Please take our short survey to let us know how we’re doing.  http://www.stlucieco.gov/planning/SLCPlanningSurvey.htm    From: Charlene Furman [mailto:charl.furman@gmail.com]   Sent: Sunday, May 14, 2017 4:17 PM  To: Diana Waite <waited@stlucieco.org>  Subject: Re: Commercial Compost Facilities Draft Ordinance  Why are these meetings when people have begun to leave during the summer months? On Fri, May 5, 2017 at 3:56 PM, Diana Waite <waited@stlucieco.org> wrote: This is to advise you of an upcoming St. Lucie County Planning and Zoning Commission hearing based upon your previous contact to us regarding composting facilities in St. Lucie County. On May 18, 2017 at 6pm the Planning and Zoning Commission is scheduled to hold the first of three public hearings to consider a draft ordinance that would regulate commercial composting facilities in St. Lucie County. As you may recall the County adopted a stop gap ordinance that postponed the approval of these facilities for one year plus thirty days. Since the adoption of the stop gap ordinance a study related to the uses, issues and impacts was conducted to create the draft land development code changes to be considered. 4.A.d Packet Pg. 55 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 2 Attached is a copy of the Stop Gap Ordinance and the draft Commercial Composting Facilities ordinance that will be considered on May 18, 2017. The full agenda for the Planning and Zoning Commission meeting may be found at http://stluciefl.iqm2.com/Citizens/Default.aspx. Please select the Planning and Zoning Commission from the meeting group selection in the upper left hand side of the page. Please feel free to contact us at 772-462-2822 regarding any questions or additional information you may need. Sincerely, Wj Diana Waite, AICP Senior Planner 772.462.1577 waited@stlucieco.org St. Lucie County Planning Division is committed to great service and your feedback is vital. Please take our short survey to let us know how we’re doing. http://www.stlucieco.gov/planning/SLCPlanningSurvey.htm Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 4.A.d Packet Pg. 56 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 3 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 4.A.d Packet Pg. 57 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 1 Sarah Smith From:Bonnie Landry Sent:Tuesday, May 16, 2017 5:30 PM To:Linda Pendarvis; Sarah Smith; Bethany Grubbs; Diana Waite Cc:Leslie Olson Subject:FW: St. Lucie County Online - Contact Your Commissioner I will begin forwarding these to Sarah and Bethany who will upload to Minute Track.  Linda, please provide a courtesy response of these until Diana returns.  Diana, upon your return, you should draft the responses, compile and upload to Minute Track. There may be some of  these in your in‐box that we do not have so please do these when you return as well.     Thank you,     Bonnie  From: Leslie Olson   Sent: Tuesday, May 16, 2017 9:22 AM  To: Bonnie Landry <LandryB@stlucieco.org>  Subject: Fwd: St. Lucie County Online ‐ Contact Your Commissioner  Bonnie, please have someone draft responses to each comment. Administration, Commissioners, Commissioners Aides, Erick, and both of us should be copied on each response. Also, each comment needs to be saved to be incorporated in a single attachment for the public hearings. Leslie Sent from my iPad Begin forwarded message: From: Erick Gill <gille@stlucieco.org> Date: May 16, 2017 at 7:37:11 AM EDT To: Leslie Olson <OlsonL@stlucieco.org>, Bonnie Landry <LandryB@stlucieco.org> Cc: Howard Tipton <TiptonH@stlucieco.org>, Mark Satterlee <satterleem@stlucieco.org> Subject: FW: St. Lucie County Online - Contact Your Commissioner Sent to each Commissioner   From: noreply@formstack.com [mailto:noreply@formstack.com]   Sent: Monday, May 15, 2017 5:54 PM  To: Webmaster <Webmaster@stlucieco.org>; Erick Gill <gille@stlucieco.org>; Chris Dzadovsky  <DzadovskyC@stlucieco.org>  Subject: St. Lucie County Online ‐ Contact Your Commissioner 4.A.d Packet Pg. 58 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 2 Formstack Submission for form St. Lucie County Online - Contact Your Commissioner Form Submitted at 05/15/17 5:54 PM Your Name: Daniel and Deborah Santiago Your Email: debbiesantiago442@hotmail.com Your Phone Number:4232685860 Check the Commissioner you would like to contact: District 1: Chris Dzadovsky, Chairman District 2: Tod Mowery, Vice Chairman District 3: Linda Bartz District 4: Frannie Hutchinson District 5: Cathy Townsend Your Message: As owners in Castle Pines (PGA Village) we would like to express our opposition to the outdoor processing plant that has applied to build in our area: just two miles away, to be exact. While we understand that stricter guidelines are being considered, (although the new ordinance still allows waivers for "underlying purposes" and hardships and does not providing protection regarding leakage from the property into the surface water systems of neighboring properties) we still feel any benefits to the county aren't worth the risk to our PGA community. Sincerely, Deborah & Daniel Santiago 8034 Carnoustie Place Port Saint Lucie, FL 34986 (423)268-5860 Terms | Privacy Copyright © 2017 Formstack, LLC. All rights reserved. This is a customer service email. Formstack, LLC 8604 Allisonville Rd. Suite 300 Indianapolis, IN 46250 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / 4.A.d Packet Pg. 59 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 3 or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 4.A.d Packet Pg. 60 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 1 Sarah Smith From:Bonnie Landry Sent:Tuesday, May 16, 2017 6:10 PM To:Sarah Smith; Bethany Grubbs; Linda Pendarvis Cc:Diana Waite Subject:FW: St. Lucie County Online - Contact Your Commissioner     From: Erick Gill   Sent: Monday, May 15, 2017 8:44 AM  To: Leslie Olson <OlsonL@stlucieco.org>; Bonnie Landry <LandryB@stlucieco.org>  Cc: Howard Tipton <TiptonH@stlucieco.org>; Mark Satterlee <satterleem@stlucieco.org>  Subject: FW: St. Lucie County Online ‐ Contact Your Commissioner  Send to each Commissioner    From: noreply@formstack.com [mailto:noreply@formstack.com]   Sent: Monday, May 15, 2017 8:42 AM  To: Webmaster <Webmaster@stlucieco.org>; Erick Gill <gille@stlucieco.org>; Frannie Hutchinson  <hutchinsonf@stlucieco.org>  Subject: St. Lucie County Online ‐ Contact Your Commissioner  Formstack Submission for form St. Lucie County Online - Contact Your Commissioner Form Submitted at 05/15/17 8:42 AM Your Name: Donna Selquist Your Email: dselquist@gmail.com Your Phone Number: 5613891856 Check the Commissioner you would like to contact: District 1: Chris Dzadovsky, Chairman District 2: Tod Mowery, Vice Chairman District 3: Linda Bartz District 4: Frannie Hutchinson District 5: Cathy Townsend Your Message: I am a resident of District 5, but wish to address ALL the commissioners re: an issue I feel is important to all county residents. I understand that the Commission is considering policies to regulate and monitor bio- solid composting facilities. As was demonstrated by the Compost USA fiasco last year, this is a matter of critical importance to residents throughout the county, not just those in District 5. Protecting our already challenged watershed and freshwater resources is of utmost importance and should be ranked as a top priority. This is so not just to protect our precious Indian River Lagoon, but also potable water resources for both current and future growth, which is surely coming our way. 4.A.d Packet Pg. 61 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 2 I understand that bio-solid waste needs to be disposed of somehow. However, recent studies have established that excess amounts - dangerous amounts - are being spread on limited numbers of locations used primarily for agriculture. Ultimately, harvesting these areas transfers the hazards to the population that will ultimately consume them, either as produce or as landscaping their homes. Undeniably, there is also even higher risk to more immediate "neighbors" of these sites, and to workers employed on them. None of this is acceptable. There is also the matter of objectionable smell arising from the disposal and/or treatment sites, which can have a devastating effect on property values. Even worse, there are proven health risks to populations living nearby - asthma, skin irritations, etc. Simply mandating that a treatment/disposal site be "covered" or roofed over, is not a solution. Seepage into the water table is a foregone conclusion, and will ultimately cause problems. Also, rainwater will not be held at bay by an open walled roofed structure, and flooding situations will surely arise sooner or later, carrying waste products away from the sites, and into unintended areas. I urge you to adopt the maximum possible safeguards to protect us from all these dangers. Distances of 1300' from schools or residences is laughable, as is the "roofing over" idea. Any site approved for bio-solid composting MUST be in REMOTE parts of the county, already zoned for agriculture. And on-going testing to ensure that any such facilities continues to function properly and as designed must be part of any regulations adopted. Please remember all the heartfelt and well-grounded opinions and concerns expressed during the Compost USA "affair", and know that we county residents expect y'all to be every bit as cautious and comprehensive now in writing permanent policy now. Thank you. Donna Selquist 10530 SW Waterway Lane 34987 Terms | Privacy Copyright © 2017 Formstack, LLC. All rights reserved. This is a customer service email. Formstack, LLC 8604 Allisonville Rd. Suite 300 Indianapolis, IN 46250 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 4.A.d Packet Pg. 62 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 1 Sarah Smith From:Diana Waite Sent:Thursday, May 18, 2017 9:09 AM To:Sarah Smith Subject:FW: Compost Ordinance     Sincerely,   Wj   Diana Waite, AICP  Senior Planner  772.462.1577  waited@stlucieco.org      St. Lucie County Planning Division is committed to great service and your feedback is vital.  Please take our short survey to let us know how we’re doing.  http://www.stlucieco.gov/planning/SLCPlanningSurvey.htm    From: Carol Anderson [mailto:carolannfla@outlook.com]   Sent: Tuesday, May 16, 2017 2:48 PM  To: Diana Waite <waited@stlucieco.org>  Cc: Doug Warns <dmwarns@aol.com>; Bill Leary <williamjl55@comcast.net>  Subject: Compost Ordinance  Diana,    The draft Compost Ordinance shows a lot of progress has been made in balancing the needs of farmers to  monetize their own properties, the serious environmental concerns, and issues raised by nearby densely  populated neighborhoods.    We are getting many questions from our neighbors about how this process will work.    1. When in this process does planning make a recommendation to the Commissioners?   2. Is planning and the attorney receptive to making changes to the draft?  3. When/how does Draft Ordinance take on a final form and be available to the constituents.  4. If the Ordinance passes in it's final form, will it be in effect immediately, or at some date certain?  5. If the Ordinance does not pass, will the moratorium be continued for some months until an improved  ordinance takes shape OR could we be left with NO land use clarification?    The timeline for this phase of this effort is very short.    4.A.d Packet Pg. 63 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 2 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 4.A.d Packet Pg. 64 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 1 Sarah Smith From:Diana Waite Sent:Thursday, May 18, 2017 9:09 AM To:Sarah Smith Subject:FW: Composting Ordinance Attachments:Conditional Use.docx     Sincerely,   Wj   Diana Waite, AICP  Senior Planner  772.462.1577  waited@stlucieco.org      St. Lucie County Planning Division is committed to great service and your feedback is vital.  Please take our short survey to let us know how we’re doing.  http://www.stlucieco.gov/planning/SLCPlanningSurvey.htm    From: snavaretta@aol.com [mailto:snavaretta@aol.com]   Sent: Tuesday, May 16, 2017 12:54 PM  To: Diana Waite <waited@stlucieco.org>  Cc: carolannfla@outlook.com; William Leary <williamjl55@comcast.net>; Charles Alby <alby.cw@sbcglobal.net>;  kismetryan@aol.com; Mark Connolly <msconnol@aol.com>; Sam Hall <wshall2009@gmail.com>; Bud Eskola  <aje111@sbcglobal.net>; Eugene Antuna <ztunafla@comcast.net>  Subject: Composting Ordinance    Dear Ms. Waite;    Please consider the attached memorandum of objection to the captioned proposed ordinance.  Please make the memo  part of the record before the P&Z Board and County Commission.  Thank you.    Stephen Navaretta    Sent from Mail for Windows 10    Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 4.A.d Packet Pg. 65 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) Ms. Waite: As a resident of PGA Village I point out several significant deficiencies in the proposed ordinance dealing with commercial composting: The waiver provision creates a political process devoid of any data driven or empirical evidence thereby undermining the entire regulatory scheme. The standard for granting the waiver is wholly subjective and clearly susceptible to political influence, lobbying, economic special interest group pressure and other such interference in an otherwise data driven process. The performance bond provisions do not require a reasonable minimum bond amount. The proposed minimum bond is unreasonable. The ordinance fails to provide a meaningful point of entry into the application and approval process to taxpayers residing beyond 500 feet from the boundary of the property subject to the application. It also fails to address the limitations in the current process for triggering a requirement for a super-majority vote set forth below. Given the regional impacts resulting from a commercial composting operation it is appropriate that a super-majority be required within the proposed ordinance or at least the standing threshold to require a super majority vote be liberalized. The County’s own study last year underscores the regional issues and the importance of regional stakeholders having a formal point of entry in the process. 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. The entire premise of classifying commercial composting as a conditional use is flawed. As you know a conditional use is required to be compatible with the existing zoning of the property as set forth below: Conditional Use: A use that is generally compatible with the use characteristics of a zoning district, but that requires individual review of its location, design, potential effect on nearby properties, and configuration in accordance with Section 11.07.00 to determine the appropriateness of the use on any particular site in the district. It defies any logic that a large scale commercial composting operation is “generally compatible” with the use characteristics of any taxpayer inhabited zoning district. Thank you for making this memo a part of the record to be reviewed by the P & Z board and the Commissioners. STPEHEN NAVRETTA, PGA VILLAGE RESIDENT FOR 29 YEARS 4.A.d Packet Pg. 66 At t a c h m e n t 4 . A . d : P u b l i c C o m m e n t ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) PROOF O.K.BY:__________________________________________________O.K.WITH CORRECTIONS BY:_________________________________________ PLEASE READ CAREFULLY •SUBMIT CORRECTIONS ONLINE TR-1598404.INDD ADVERTISER:ST LUCIE COUNTY GROWTH MPROOF CREATEDAT:5/3/2017 8:34 AM SALES PERSON:Errol Cirasuolo PROOF DUE:-NEXT RUN DATE:05/04/17 PUBLICATION:TR-DAILY SIZE:3 col X 10 in TR-1598404 ST.LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA May 18,2017 NOTICE OF A PROPOSED TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE The St.Lucie Planning and Zoning Commission is scheduledto review and make recommendation regarding the following items 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,AMENDING THE ST.LUCIE COUNTY LAND DEVELOPMENT CODE TO AUTHORIZE COMMERCIAL COMPOSTING FACILITIES,SUBJECT TO CONDITIONS;AMENDING SECTION 2.00.00 (DEFINITIONS)BY PROVIDING NEW DEFINITIONS FOR COMMERCIAL COMPOSTING FACILITIES AND RELATED TERMS;AMENDING SECTION 3.01.03 (ZONING DISTRICTS) BY PROVIDING FOR COMMERCIAL COMPOSTING FACILITIES AS A CONDITIONAL USE IN AGRICULTURE-5 ZONING DISTRICTS;AMENDING SECTION 7.10.00 (SUPPLEMENTAL STANDARDS)BY ADDING NEW SUPPLEMENTAL STANDARDS FOR COMMERCIAL COMPOSTING FACILITIES;PROVIDING FOR WAIVERS OF THE SUPPLEMENTAL STANDARDS FOR COMMERCIAL COMPOSTING FACILITIES;PROVIDING FOR THE EXHAUSTION OF ADMINISTRATIVE REMEDIES BEFORE SEEKING JUDICIAL REVIEW;PROVIDING FOR THE INTERPRETATION OF THE TERMS USED IN THE SUPPLEMENTAL STANDARDS;PROVIDING FOR CONFLICTING PROVISIONS,SEVERABILITY,AND APPLICABILITY;PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;PROVIDING FOR ADOPTION AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. APPLICANT:St.Lucie County Board of County Commissioners PURPOSE:St.Lucie County is initiating an amendment to its Land Development Code to authorize commercial composting facilities as a conditional use in the AG-5 zoning districts.These regulations will govern the location and development of any Commercial Composting Facility that will process Biosolids or other organic wastes to produce Compost. LOCATION:Unincorporated St.Lucie County The 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, May 18,2017 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 be granted an opportunity to cross- examine anyindividual testifying during a hearingupon request.Ifit becomes necessary,apublic 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/ LOCALPLANNING AGENCY ST.LUCIECOUNTY,FLORIDA /S/WILLIAM O’DELL,CHAIR PUBLISH DATE:May 4,2017 4.A.e Packet Pg. 67 At t a c h m e n t 4 . A . e : A d P r o o f ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) SAMPLE MOTIONS ON PROPOSED ORDINANCE Motion to Recommend Adoption Based on the evidence and testimony presented during the public hearing, including the staff report, I move that the Local Planning Agency/Planning and Zoning Commission recommend to the St. Lucie County Board of County Commissioners that it adopt the proposed ordinance amending the St. Lucie Land Development Code to authorize commercial composting facilities subject to conditions, for the following reasons: ____________________________. Motion to Recommend Against Adoption Based on the evidence and testimony presented during the public hearing, including the staff report, I move that the Local Planning Agency/Planning and Zoning Commission recommend to the St. Lucie County Board of County Commissioners that it not adopt the proposed ordinance amending the St. Lucie Land Development Code to authorize commercial composting facilities subject to conditions, for the following reasons: ____________________________. 4.A.f Packet Pg. 68 At t a c h m e n t 4 . A . f : M o t i o n D o c u m e n t f o r C o m p o s t O r d i n a n c e ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) 4.A.f Packet Pg. 69 At t a c h m e n t 4 . A . f : M o t i o n D o c u m e n t f o r C o m p o s t O r d i n a n c e ( 4 3 5 7 : P r o p o s e d O r d i n a n c e R e g u l a t i n g C o m m e r c i a l C o m p o s t i n g F a c i l i t i e s ) ITEM NO. (ID # 4391) DATE: 05/18/2017 AGENDA REQUEST *PUBLIC HEARINGS BACKGROUND: Pursuant to Section 33.03, Florida Statutes, as amended by Chapter 2016 -230, Laws of Florida, each political subdivision having an airport hazard area within its jurisdiction must have airport protection zoning regulations for such area. The County first adopted standards for the Airport Overlay Zone in 1990 with the adoption of the Land Development Code, but amendments are now required under the 2016 statutory amendments to Chapter 333, Florida Statutes. The proposed ordinance will amend the Land Development Code by amending Section 2.00.00 (Definitions), Section 4.00.00 (Airport Overlay Zones), Section 4.00.01 (Generally), Section 4.00.02 (Airport Zones), Section 4.00.03 (Airport Zone Height Limitations) and Section 4.00.04 (Use Restrictions) to incorporate the revisions set forth in Chapter 333. In order to meet the statutory deadline for submission of the revised zoning regulations to the Florida Department of Transportation on July 1, 2017, staff intends to present the ordinance to the Planning and Zoning Commission at its May 20, 2017 meeting to be followed by two public hearings before the Board of County Commissioners on June 6, 2017 and June 20, 2017. PREVIOUS ACTION: On July 26, 1990, the Board adopted Ordinance No. 90-36 which adopted the St. Lucie County Land Development Code including Section 4.00.00, Airport Overlay Zone. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Planning and Zoning Commission forward the proposed ordinance to the Board of County Commissioners with a recommendation of approval. COMMISSION ACTION: TO: St. Lucie County Planning & Zoning Commission PRESENTED BY: Heather Young, Asst. County Attorney SUBMITTED BY: County Attorney SUBJECT: Ordinance - Amendment to Airport Overlay Zone 4.B Packet Pg. 70 Updated: 5/18/2017 12:43 PM by Sarah Smith Page 2 Coordination/Signatures 4.B Packet Pg. 71 1 Underlined words are added. Struckthrough words are deleted. ORDINANCE NO. 2017-XX AN ORDINANCE AFFECTING THE USE OF LAND IN ST. LUCIE COUNTY, FLORIDA, RELATING TO AIRPORT PROTECTION ZONING REGULATIONS BY AMENDING SECTION 2.00.00 (DEFINITIONS), AMENDING SECTION 4.00.00 (AIRPORT OVERLAY ZONES), SECTION 4.00.01 (GENERALLY), SECTION 4.00.02 (AIRPORT ZONES), SECTION 4.00.03 (AIRPORT ZONE HEIGTH LIMITATIONS) AND SECTION 4.00.04 (USE RESTRICTIONS) IN ACCORDANCE WITH CHAPTER 333, FLORIDA STATUTES (2016); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY, PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND EFFECTIVE DATE WHEREAS, the Board of County Commissioners, St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Ch. 2016-239, Laws of Florida, the 2016 Florida Legislature adopted amendments to Chapter 333, Florida Statutes, regarding airport zoning regulations; and, 2. Pursuant to Section 333.003, Florida Statutes, counties with airports in their jurisdictions are required to adopt and/or amend the zoning regulations governing the zoning and land use regarding such airports to incorporate the amendments under Ch. 2016-239; and, 3. In order to comply with the provisions of Ch. 2016-239, it is necessary to amendment the St. Lucie County Land Development Code by amending Section 2.00.00 (Definitions), Section 4.00.00 (Airport Overlay Zones), and Section 4.00.001 (Generally), Section 4.00.02 (Airport Zones), Section 4.00.03 (Airport Zone Height Limitations)m, and Section 4.00.04 (Use Restrictions); and, 4. On May 18, 2017, the Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing a notice in the St. Lucie News Tribune at least ten (10) days prior to the hearing and recommended that the proposed ordinance be adopted. 5. On June 6, 2017, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least ten (10) days in advance. 6. On June 20, 2017, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least ten (10) days in advance. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: 4.B.a Packet Pg. 72 At t a c h m e n t 4 . B . a : A i r p o r t O v e r l a y Z o n e ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e ) 2 Underlined words are added. Struckthrough words are deleted. PART A. The specific amendments to the St. Lucie County Land Development Code are as follows: CHAPTER 2. DEFINITIONS. When used in this Code, the following terms shall have the meanings herein ascribed to them. ************************************ Airports: The following terms are used in conjunction with Article 4.00.00 Airport Overlay Zones. Airport: he Treasure Coast International Airport. Airport Elevation: The highest point of the Airport usable landing area measured in feet above mean sea level. Airport Hazard: An obstruction to air navigation that affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities. Airport Hazard Area: Any area of land or water upon which an airport hazard might be established. Airspace Drawings: FAA approved Airport Layout Plan Set drawings dated xxxx, depicting the airport imaginary surfaces and the application of the federal obstruction standards contained in 14 C.F.R. ss. 77.13, 77.17, 77.19, 77.21, and 77.23, to the conditions at the Airport. Educational facility: Any structure, land, or use thereof that includes a public or private K-12 school, charter school, magnet school, college campus, or university campus. The term does not include space used for educational purposes within a multi-tenant building. Landfill: The same meaning as provided in Section 403.703, Florida Statutes. Noise Exposure Map (NEM): A map based on a noise study conducted pursuant to 14 C.F.R. Part 150, which depicts the contour lines for certain areas within the boundaries of the Airport and adjacent thereto, experiencing sound levels of 65, 70, and 75 DNL (day- night-level). This map is maintained by St. Lucie County. Obstruction: Any object of natural growth or terrain, or permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus, or alteration of any permanent or temporary existing structure by a change in its height, including appurtenances, or lateral dimensions, including equipment or material used therein, existing or proposed which exceeds the federal obstruction standards contained in 14 C.F.R. part 77, subpart C. Runway Protection Zone: An area off at ground level beyond the runway end to enhance the safety and protection of people and property on the ground (formerly the clear zone). The Runway Protection Zone (“RPZ”) is trapezoidal in shape and centered about the extended runway center lines of each of the runways, and begins 200 feet beyond the end of the area suitable for takeoff and landing 4.B.a Packet Pg. 73 At t a c h m e n t 4 . B . a : A i r p o r t O v e r l a y Z o n e ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e ) 3 Underlined words are added. Struckthrough words are deleted. Structure: Any object constructed, erected, altered, or installed, including, without limitation, buildings, towers, smoke stacks, utility poles, power generation equipment, and overhead transmission lines. SECTION 4.00.00. AIRPORT OVERLAY ZONE 4.00.01. Generally. A. In order to carry out the provisions of this Code, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the St. Lucie County International Airport. B. Such zones are shown on the St. Lucie County International Airport Ultimate Capability Approach Clear Zone Plan consisting of one (1) sheet dated May, 1984, which is adopted by reference. An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive height limitation. C. Except as specifically provided in Section 10.01.00 and Section 11.05.08, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any airport zone hereby created unless a permit therefore shall have been applied for and granted. D. Definitions specific to the Airport Overlay Zones are provided in Article 2.00.00 Definitions “Airports”. E. In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or vegetation, the use of land, or any other matter, and whether such regulations were adopted by the County or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail 4.00.02. Airport Zones Surfaces. A. The various Airport Zones Surfaces are hereby established and defined as follows: A. 1.) Primary Zones. The areas longitudinally centered on each runway, extending two hundred (200) feet beyond the end of the prepared hard landing surface of each runway. The primary zones for runways 9L/27R, 9R/27L and 14/32 are one thousand (1,000), one thousand (1,000) and five hundred (500) feet wide, respectively. B. 2.) Nonprecision Instrument Approach Zones. The inner edge of the approach zones to runway ends 27L, 27R, 14 and 32 coincide with the width of the primary surface and are one thousand (1,000), one thousand (1,000), five hundred (500) and five hundred (500) feet wide, respectively. The approach zones expand outward uniformly to widths of three thousand five hundred (3,500) feet, at horizontal distances of ten thousand 4.B.a Packet Pg. 74 At t a c h m e n t 4 . B . a : A i r p o r t O v e r l a y Z o n e ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e ) 4 Underlined words are added. Struckthrough words are deleted. (10,000) feet from the primary surface. Their centerlines are the continuation of the centerline of the respective runways. C. 3.) Precision Instrument Approach Zones. The inner edge of the approach zones to runway end 9R and 9L coincides with the width of the primary surface and are one thousand (1,000) feet wide. The approach zones expand outward uniformly to widths of sixteen thousand (16,000) feet at horizontal distances of fifty thousand (50,000) feet from the primary surface. Their centerlines are the continuation of the centerline of the respective runways. D. 4.) Transitional Zones. The transitional zones are the areas beneath the transitional surfaces. E. 5.) Horizontal Zone. The horizontal zone is established by swinging arcs of ten thousand (10,000) feet for runways designated nonprecision or precision from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include any approach or transitional zones. F. 6.) Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand (4,000) feet. 4.B.a Packet Pg. 75 At t a c h m e n t 4 . B . a : A i r p o r t O v e r l a y Z o n e ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e ) 5 Underlined words are added. Struckthrough words are deleted. 4.B.a Packet Pg. 76 At t a c h m e n t 4 . B . a : A i r p o r t O v e r l a y Z o n e ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e ) 6 Underlined words are added. Struckthrough words are deleted. 4.00.03. Airport Zone Height Limitations. Except as otherwise provided in this Code, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this Code to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows: A. Primary Zones. Established as the same height as the elevation of the nearest point on the respective runway centerlines. B. Nonprecision Instrument Approach Zones. Slope one (1) foot upward for each thirty-four (34) feet outward beginning at the end of and at the same elevation as the primary zone extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline. C. Precision Instrument Approach Zones. Slope one (1) foot upward for each fifty (50) feet outward beginning at the end of and at the same elevation as the primary zone extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerlines; thence slope upward one (1) foot vertically for each forty (40) foot horizontally for an additional horizontal distance of forty thousand (40,000) feet along the extended runway centerlines. D. Transitional Zones. Slope one (1) foot upward for each seven (7) feet outward beginning at the sides of and at the same elevation as the primary zone and the approach zone, extending to one hundred seventy-four (174) feet above mean sea level. In addition to the foregoing, there are established height limits sloping one (1) foot upward for each seven (7) feet outward beginning at the sides of and at the same elevation as the approach zone, extending to where they intersect the conical zone. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping one (1) foot upward for each seven (7) feet outward beginning at the sides of and at the same elevation as the approach zone, and extending a horizontal distance of five thousand (5,000) feet measured at ninety-degree angles to the extended runway centerlines. E. Horizontal Zone. Established at one hundred fifty (150) feet above the airport elevation or at a height of one hundred seventy-four (174) feet above mean sea level. F. Conical Zone. Slopes one (1) foot upward for each twenty (20) feet outward beginning at the periphery of the horizontal zone one hundred fifty (150) feet above the airport elevation extending to a height of three hundred fifty (350) feet above the airport elevation. 4.B.a Packet Pg. 77 At t a c h m e n t 4 . B . a : A i r p o r t O v e r l a y Z o n e ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e ) 7 Underlined words are added. Struckthrough words are deleted. G. Other Areas. In addition to the height limitations imposed in sections A through F above, no structure or obstruction will be permitted in St. Lucie County that would cause a minimum obstruction clearance altitude, a minimum descent altitude, minimum vector altitude or decision height to be raised or that would impose a climb gradient for any runway departure at St. Lucie County International Airport. 4.00.04. Use Restrictions. A. Generally. Notwithstanding any other provisions of this Code, no use may be made of land or water within any zone established by this section in such a manner as to create electrical interference with navigational signals or radio communication between aircraft and the airport; result in glare in the eyes of pilots using the airport; impair visibility in the vicinity of the airport; operate or install lights which are misleading or dangerous to aircraft operation; create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. B. Prohibited Uses. Except as otherwise provided herein, the following land uses, structures or activities shall be prohibited: 1.) Any sanitary landfill: a. located within 10,000 feet from the nearest point of any runway used or planned to be used by turbine aircraft at the Airport; b. within 5,000 feet from the nearest point of any runway used only by nonturbine aircraft; c. outside the perimeters defined in subparagraphs a. and b., but still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. s. 77.79; d. located more than 10,000 feet from the nearest point of any runway at the Airport, but still within the lateral limits of the civil airport imaginary surfaces depicted in the Airspace Drawings; or e. where any landfill is located and constructed so that it attracts or sustains hazardous bird movements from feeding, water, or roosting areas into, or across, the runways or approach and departure patterns of aircraft. The operator of such landfill must be required to incorporate bird management techniques or other practices to minimize bird hazards to airborne aircraft. 2.) Restricting new incompatible uses, activities, or substantial modifications to existing incompatible uses within the Airport’s Runway Protection Zones. 3.) Non-compatible land uses, within the boundaries established in the airport’s NEM and identified in Table X-X, which is derived from the St. Lucie County International Airport Master Plan Update: Noise Exposure Map and Noise Compatibility Plan, are not permitted within the noise contours established there, except where such land use is specifically contemplated therein, with appropriate mitigation or similar techniques described therein. 4.B.a Packet Pg. 78 At t a c h m e n t 4 . B . a : A i r p o r t O v e r l a y Z o n e ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e ) 8 Underlined words are added. Struckthrough words are deleted. 4.) Residential construction and any educational facility facilities as defined in Chapter 1013, Florida Statutes, within the area contiguous to the Airport defined by the outer noise contour depicted on the Airport Noise Exposure Map that is considered incompatible with that type of construction by Table 4-1 with the exception of an aviation school facility. Provided, however, that this restriction shall not require the removal, alteration, sound conditioning, or other change to, or interfere with the continued use or adjacent expansion of any educational facility or site in existence on July 1, 1993. 5.) Any lights and illumination used in connection with streets, parking, signs or uses of land that are arranged or operated in such manner that it is misleading to or obscures pilots’ vision during critical take-off or landing stages of flight or is otherwise dangerous to aircraft operations or flight operations at the Airport. 6.) Any use of high energy beam devices where the energy transmission is not fully contained in a building or some type of absorbing or masking vessel. 7.) Any activity that produces interference with navigational signals or radio communication between aircraft, the Airport, or an air traffic control facility. C. Permits Required 1.) Permits shall be required from the FAA, FDOT-Central Aviation Division, and St. Lucie County, as may be applicable, for the following activities. Applications for development or redevelopment shall be provided to FDOT-Central Aviation Office within 15 days of receipt by the County and may be submitted via the following: DOTAirportZoning@dot.state.fl.us a. A person proposing to construct, alter, or allow an airport obstruction in an airport hazard area in violation of the airport protection zoning regulations adopted under this chapter must apply for a permit. A permit may not be issued if it would allow the establishment or creation of an airport hazard or if it would permit a nonconforming obstruction to become a greater hazard to air navigation than it was when the applicable airport protection zoning regulation was adopted which allowed the establishment or creation of the obstruction, or than it is when the application for a permit is made. b. Each application for a Permit shall indicate the purpose for which the Permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the Permit shall be granted. Vertical height shall be measured from the highest point on the ground along the periphery of the structure or tree to the highest point on the structure or tree. c. If it is determined that a nonconforming obstruction has been abandoned or is more than 80 percent torn down, destroyed, deteriorated, or decayed, a permit may not be granted if it would allow the obstruction to exceed the applicable height limit or otherwise deviate from 4.B.a Packet Pg. 79 At t a c h m e n t 4 . B . a : A i r p o r t O v e r l a y Z o n e ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e ) 9 Underlined words are added. Struckthrough words are deleted. the airport protection zoning regulations. Whether or not an application is made for a permit under this subsection, the owner of the nonconforming obstruction may be required, at his or her own expense, to lower, remove, reconstruct, alter, or equip such obstruction as may be necessary to conform to the current airport protection zoning regulations. If the owner of the nonconforming obstruction neglects or refuses to comply with such requirement for 10 days after notice, the administrative agency including but not limited to FAA and or FDOT may report the violation to the St Lucie County, as applicable. d. Owner(s) of the obstruction shall be required to install, operate, and maintain thereon, at his or her own expense, marking and lighting in conformance with the specific standards established by the Federal Aviation Administration. 2.) Consideration of Issuing Permits. The following items shall be taken into consideration by the St. Lucie County Planning Commission and the Board of County Commissioners during the review, including subsequent approval and or denial, of any permits within the Airport Overlay Zone. a. The Board of County Commissioners may defer review and approval or denial pending information from the Applicant and recommendation from FDOT and or FAA, as may be applicable. i. The safety of persons on the ground and in the air. ii. The safe and efficient use of navigable airspace. iii. The nature of the terrain and height of existing structures. iv. The effect of the construction or alteration on the state licensing standards for a public-use airport contained in chapter 330 and rules adopted thereunder. v. The character of existing and planned flight operations and developments at public-use airports. vi. Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designated by the Federal Aviation Administration. vii. The effect of the construction or alteration of the proposed structure on the minimum descent altitude or the decision height at the affected airport. viii. The cumulative effects on navigable airspace of all existing structures and all other\known proposed structures in the area. ix. Additional requirements as may be adopted within these regulations pertinent to evaluation and protection of airspace and airport operations. x. Applications for permits shall be granted, provided the matter applied for meets the provisions of these airport zoning regulations and regulations of St. Lucie County and Chapter 333, Florida Statutes. 4.B.a Packet Pg. 80 At t a c h m e n t 4 . B . a : A i r p o r t O v e r l a y Z o n e ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e ) 10 Underlined words are added. Struckthrough words are deleted. PART B. 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 C. 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 D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. CODIFICATION. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word “Ordinance” shall be changed to “Section’ or other appropriate word. 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 be effective upon filing with the Department of State. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: 4.B.a Packet Pg. 81 At t a c h m e n t 4 . B . a : A i r p o r t O v e r l a y Z o n e ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e ) 11 Underlined words are added. Struckthrough words are deleted. 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 4.B.a Packet Pg. 82 At t a c h m e n t 4 . B . a : A i r p o r t O v e r l a y Z o n e ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e ) C-25 Orange Ave County boundary Interstate 95 Kings Hwy Angle Rd 25th St U S H ig h w a y 1 C-24 Florida Turnpike F E C m a i n tr a c k S R A 1 A Indrio Rd Johnston Rd Emerson Ave St Lucie Blvd Shinn Rd Okeechobee Rd Juanita Ave Seminole Rd Sneed Rd Virginia Ave S e a w a y D r I n d i a n R i v e r D r Jenkins Rd Koblegard Rd S . O c e a n D r 33rd St Taylor Dairy Rd Header Canal Rd N Causeway Dr Sunrise Blvd Hartman Rd Turnpike Feeder Rd Keen Rd FEC spur Jenkins Rd Taylor Dairy Rd SR A1A ± Airport Overlay Zone Map prepared May 18, 2017Aerial flown 2016 0 1 2 Miles 4.B.b Packet Pg. 83 At t a c h m e n t 4 . B . b : M a p s - 5 - 1 8 - 1 7 P & Z M e e t i n g ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e ) ± Airport Overlay Zone St Lucie County Zoning AG-1 AG-2.5 AG-5 AR-1 CG CN CO CPUB CR HIRD I IH IL IX PCS PMUD PNRD PTV PUD R/C RE-2 RF RM-5 RM-9 RM-11 RMH-5 RS-2 RS-3 RS-4 RVP U Map prepared May 18, 2017 0 0.5 1 Miles 4.B.b Packet Pg. 84 At t a c h m e n t 4 . B . b : M a p s - 5 - 1 8 - 1 7 P & Z M e e t i n g ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e ) ¹0 2 41Miles Treasure Coast International Airport and Business Park(FPR) Part 77 SurfacesLegend Runways Runway Protection Zones (RPZs) Primary Surface Approach Surface Horizontal Surface Conical Surface 4.B.b Packet Pg. 85 At t a c h m e n t 4 . B . b : M a p s - 5 - 1 8 - 1 7 P & Z M e e t i n g ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e ) ¹0 1 20.5 Miles Treasure Coast International Airport and Business Park(FPR) FS 333 SurfacesLegend Runways Runway Protection Zones (RPZs) Landfill Boundary* * Landfill boundaries for runways 10R/28L and 14/32 are designed to 10,000'.* Landfill boundry for runway 10L/28R is designed to 5,000'. 4.B.b Packet Pg. 86 At t a c h m e n t 4 . B . b : M a p s - 5 - 1 8 - 1 7 P & Z M e e t i n g ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e ) > Ad Proof > Account Information > Insertion Information Date: 05/05/17 Account Number: 437762 (T15612366) Name: ST LUCIE COUNTY ATTORNEY’S OFF Contact: Email: bishopc@stlucieco.org 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: 1604845 P.O. No.: Notice of Intent Total Cost: $83.13 Tag Line: Notice of Intent Start Date: 05/08/17 Stop Date: 05/08/17 Number of Times: 1 Class: 16230 - Other 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.B.c Packet Pg. 87 At t a c h m e n t 4 . B . c : A i r p o r t O v e r l a y Z o n e N o t i c e . P & Z ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e ) BEFORE THE LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA NOTICE OF INTENT NOTICE IS HEREBY GIVEN that the Local Planning Agency of St. Lucie County, Florida, will consider proposed County Ordinance No. 17-XX which would amend St. Lucie Coun-ty Land Development Code by amending Section 2.00.00 (Definitions), Section 4.00.00 (Airport Overlay Zones), Sec-tion 4.00.01 (Generally), Sec-tion 4.00.02 (Airport Zones), Section 4.00.03 (Airport Zone Height Limitations) and Sec-tion 4.00.04 (Use Restric-tions) to incorporate revi-sions set forth in Chapter 33, Florida Statutes (2016). A public hearing will be held before the St. Lucie County Local Planning Agency/Plan-ning and Zoning Commission on Thursday, the 18th day of May, 2017, at 6:00 p.m., or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers at the St. Lucie County Administration Build-ing Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida. Matters affecting your personal and proper-ty rights may be heard and acted upon. 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/ Local Planning Agency 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. If it becomes necessary, a public hearing may be continued to a date certain. The proceedings of the Local Planning Agency/Planning 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 Local Planning Agency/Planning and Zoning Com-mission with respect to any matter considered at a meet-ing 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. The title of this Ordinance is: ORDINANCE AN ORDINANCE AFFECT-ING THE USE OF LAND IN ST. LUCIE COUNTY, FLORI-DA, RELATING TO AIRPORT PROTECTION ZONING REG-ULATIONS BY AMENDING SECTION 2.00.00 (DEFINI-TIONS), AMENDING SECTION 4.00.00 (AIRPORT OVERLAY ZONES), SECTION 4.00.001 (GENERALLY), SECTION 4.00.02 (AIRPORT ZONES), SECTION 4.00.03 (AIRPORT ZONE HEGITH LIMITATIONS) AND SECTION 4.00.04 (USE RESTRICTIONS) IN ACCOR-DANCE WITH CHAPTER 333, FLORIDA STATUTES (2016); PROVIDING FOR CONFLICT-ING PROVISIONS, SEVER-ABILITY AND APPLICABILITY, PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND EFFECTIVE DATE 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. LOCAL PLANNING AGENCY/PLANNING AND ZONING COMMISSIONST. LUCIE COUNTY, WILLIAM O’DELL, CHAIRMANPub: May 8, 2017TCN 1604845 > Ad Proof I agree this ad is accurate and as ordered. 4.B.c Packet Pg. 88 At t a c h m e n t 4 . B . c : A i r p o r t O v e r l a y Z o n e N o t i c e . P & Z ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e ) SAMPLE MOTIONS ON PROPOSED ORDINANCE Motion to Recommend Adoption Based on the evidence and testimony presented during the public hearing, including the staff report, I move that the Local Planning Agency/Planning and Zoning Commission recommend to the St. Lucie County Board of County Commissioners that the adopt proposed ordinance amending the Airport Overlay Zone Ordinance, for the following reasons: ____________________________. Motion to Recommend Against Adoption Based on the evidence and testimony presented during the public hearing, including the staff report, I move that the Local Planning Agency/Planning and Zoning Commission recommend to the St. Lucie County Board of County Commissioners that it not adopt the proposed Ordinance amending the Airport Overlay Zone Ordinance, for the following reasons: ____________________________. 4.B.d Packet Pg. 89 At t a c h m e n t 4 . B . d : M o t i o n D o c u m e n t f o r A i r p o r t O v e r l a y O r d i n a n c e ( 4 3 9 1 : O r d i n a n c e - A m e n d m e n t t o A i r p o r t O v e r l a y Z o n e )