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HomeMy WebLinkAboutAgenda Packet 06.15.2017 Generated 6/12/2017 12:23 PM PLANNING & ZONING COMMISSION AGENDA ST. LUCIE COUNTY P & Z Regular Meeting Thursday, June 15, 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, June 15, 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, June 15, 2017 6:00 PM 3 | P a g e 1. CALL TO ORDER A. Pledge of Allegiance B. Invocation C. Roll Call D. Announcements E. Disclosure(s) 2. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, May 18, 2017 3. PUBLIC COMMENT 4. PUBLIC HEARINGS A. Resolution - Rezoning for Missionary Flights and Services, Inc. Staff recommends the Planning and Zoning Commission forward a recommendation of approval for the proposed Amendment to the Official Zoning Atlas from IL (industrial, Light) to RVP (Recreational Vehicle Park). 5. WORKSHOPS A. There are no scheduled items. 6. OTHER BUSINESS A. Discussion: Social Media and the Sunshine Law 7. ADJOURN P & Z Regular Meeting Thursday, June 15, 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 6/1/2017 4:04 PM ST. LUCIE COUNTY PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA P & Z Regular Meeting May 18, 2017 Convened: 6:00 PM Adjourned: 8:09 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 Mike Oostdyk 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 Late Bobby Hopkins At-Large Board Member Absent Robert Lowe At-Large Board Member Present James Taylor At-Large Board Member Present Marty Sanders Ex-Officio Board Member Present C. Announcements The Chair stated Agenda item 4B Ordinance-Amendment to Airport Overlay Zone 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 M a y 1 8 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, May 18, 2017 6:00 PM 2 | P a g e D. Disclosure(s) Mr. Clasby stated he has spoke to several members of the public about both public hearings. Chair O'Dell stated he spoke with a couple of members of the airport planning committee. 2. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, April 20, 2017 RESULT: ACCEPTED [7 TO 0] MOVER: James Taylor, At-Large Board Member SECONDER: Robert Lowe, At-Large Board Member AYES: O'Dell, Clasby, Lounds, Mundt, Smith, Lowe, Taylor ABSENT: Bobby Hopkins AWAY: Kara Wood 3. PUBLIC COMMENT NONE 4. PUBLIC HEARINGS A. Proposed Ordinance Regulating Commercial Composting Facilities Katherine Barbieri, Assistant County Attorney stated during a meeting on January 12, 2016 the Board of County Commissioners (BOCC) generally discussed the issue of regulating the location and operation of commercial composting facilities that use biosolids (domestic wastewater residuals) to produce compost. The commissioners instructed county staff to study the issue and develop regulations for their consideration. On June 7, 2016 the BOCC adopted Ordinance No 16-006, which temporarily postponed the processing or approval of any application for a commercial composting facility. The ordinance postponed any such action for 330 days; the BOCC adopted Resolution 17-036 on March 7, 2017 which extended the ordinance for an additional 30 days...until June 2, 2017. The County retained a professional engineering and consulting firm, CDM Smith to assist the County with its evaluation of the issues and the development of suitable regulations for commercial composting facilities. The draft ordinance for the BOCC's consideration is based on the follow concepts: * Commercial composting facilities 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. * If an applicant wishes to obtain approval of a proposed commercial composting facility located in an AG-5 district, the applicant must demonstrate that the proposed commercial 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 M a y 1 8 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, May 18, 2017 6:00 PM 3 | P a g e composting facility will comply with certain "supplemental standards" that are designed to minimize the commercial composting facility's adverse impacts. * If an applicant for a proposed commercial composting facility 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 environment, even though the applicant will not comply with one of the specific requirements in the county's supplemental standards. * 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 commercial composting facilities as a conditional use in the AG-5 district. * A new section 7.10.34 would be added to the Land Development Code containing the supplemental standards for commercial composting facilities. * New definitions would be added to the Land Development Code. * The ordinance would not apply to "backyard composting" or "normal farming operations". Staff recommends the Planning and Zoning Commission forward the draft ordinance to the BOCC with a recommendation of approval. CDM Smith gave a presentation. The commission discussed distance between composting facilities, waivers/variances, home owner protection, building size, school development, odor setbacks. The also discussed vegetation buffers, trips of trucks, truck traffic, compliance of testing, bond amounts, food safety, double door air locks, inspections, code enforcement, definition of "processing". Public Hearing open Several residents spoke against the agenda item Public Hearing closed The Commission approved the agenda item with modifications to be considered and for staff to look into bonding and set backs. RESULT: APPROVE [UNANIMOUS] MOVER: Craig Mundt, Board Member SECONDER: Edward Lounds, Board Member AYES: O'Dell, Clasby, Lounds, Mundt, Smith, Wood, Lowe, Taylor ABSENT: Bobby Hopkins B. Ordinance - Amendment to Airport Overlay Zone Heather Young, Assistant County Attorney stated 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 with a sumission deadline to Florida Department of Transportation (FDOT) on July 1, 2017. 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 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 M a y 1 8 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, May 18, 2017 6:00 PM 4 | P a g e Height Limitations) and Section 4.00.04 (Use Restrictions) to incorporate the revisions set forth in Chapter 333. Staff recommends that the Planning & Zoning Commission forward the proposed ordinance to the Board of County Commissioners with a recommendation of approval. The Commission discussed the agenda item briefly before approving. Public Hearing open No one spoke Public Hearing closed RESULT: APPROVE [UNANIMOUS] MOVER: Edward Lounds, Board Member SECONDER: William Smith, Board Member AYES: O'Dell, Clasby, Lounds, Mundt, Smith, Wood, Lowe, Taylor ABSENT: Bobby Hopkins 5. WORKSHOPS A. There are no items scheduled. 6. OTHER BUSINESS A. There are no scheduled items. 7. ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 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 M a y 1 8 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) ITEM NO. (ID # 4430) DATE: 06/15/2017 AGENDA REQUEST *PUBLIC HEARINGS QUASI-JUDICIAL BACKGROUND: Missionary Flights and Services, Inc. is requesting an Amendment to the Official Zoning Atlas from IL (Industrial, Light) to RVP (Recreational Vehicle Park) for a +/- 5.2 acre parcel of land located on the west side of Hammond Road, approximately ½ mile north of the intersection of Hammond Road and St. Lucie Boulevard (3163 Hammond Road). The subject property lies within the Airport Zoning Overlay which regulates development to assure there are no conflicts with aviation safety and security. The applicant has submitted a companion development application for a Major Site Plan that is being reviewed and processed concurrently that will provide short-term living accommodations for mission personnel that consist of six (6) residences and twelve (12) recreational vehicle lots that are not open to the public. The existing 1,176 s.f. structure on the property will be demolished. Fort Pierce Utilities (FPUA) will provide water and wastewater service for the proposed commercial development. PREVIOUS ACTION: None. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward a recommendation of approval for the proposed Amendment to the Official Zoning Atlas from IL (industrial, Light) to RVP (Recreational Vehicle Park). COMMISSION ACTION: TO: St. Lucie County Planning & Zoning Commission PRESENTED BY: Jeffrey Johnson, Senior Planner SUBMITTED BY: Planning Division SUBJECT: Resolution - Rezoning for Missionary Flights and Services, Inc. 4.A Packet Pg. 9 Updated: 6/9/2017 4:51 PM by Jeffrey Johnson Page 2 Coordination/Signatures 4.A Packet Pg. 10 PLANNING AND ZONING COMMISSION Planning Division Agenda Item Summary Hearing Date: Thursday June 15, 2017 __________________ Applicant Missionary Flights & Services, Inc. 31709 Airmans Drive Fort Pierce, FL 34946 Agent EDC, Inc. - Brad Currie 469 Prima Vista Boulevard Port St. Lucie, FL 34983 Future Land Use MXD (Mixed Use Development) Existing Zoning District IL (Industrial, Light) Proposed Zoning District RVP (Recreational Vehicle Park) Request Proposed zoning change from IL to RVP. Staff Jeffrey Johnson Senior Planner JohnsonJ@stlucieco.org (772) 462-1580 File Number RZ 420175120 Amendment to the Official Zoning Atlas Missionary Flights and Services, Inc. Project Description An Amendment to the Official Zoning Atlas from IL (industrial, Light) to RVP (Recreational Vehicle Park) for a +/-5.2 acre parcel located on the west side of Hammond Rd. approximately 1/2 mile north of the intersection of Hammond Road and St. Lucie Boulevard. The applicant has processed a concurrent Minor Site Plan that is currently under review for a development that will provide temporary accommodations for mission personnel that consists of 6 residences and 12 recreational vehicle lots. Fort Pierce Utilities Authority will provide water and wastewater service for this project. Staff Recommendation Staff recommends approval of the proposed Amendment to the Official Zoning Atlas Map from IL to RVP. Notice Requirements A public hearing notice in accordance with Section 11.00.03 of the Land Development Code was placed in the St. Lucie News Tribune on June 2, 2017. Notices were mailed to property owners within a 500 foot radius and a public hearing notification sign was installed on the property. 4.A.a Packet Pg. 11 At t a c h m e n t 4 . A . a : A g e n d a S u m m a r y ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) Planning and Development Services Planning Division M E M O R A N D U M TO: Planning and Zoning Commission THROUGH: Leslie Olson, AICP, Director Bonnie C. Landry, AICP, Planning Manager FROM: Jeffrey Johnson, Senior Planner DATE: June 15, 2017 SUBJECT: Amendment to Official Zoning Atlas – Missionary Flights and Services, Inc. Applicant: Missionary Flights and Services, Inc. Agent: EDC, Inc. – Brad Currie, AICP Requested Action: Change in Zoning from IL (Industrial, Light) to RVP (Recreational Vehicle Park) Location: 3163 Hammond Road Parcel Id Number: 1430-311-0002-000-3 Property Size: +/- 5.2 acres Urban Services Boundary: Inside Roadway Improvements: None Wetlands: None 4.A.b Packet Pg. 12 At t a c h m e n t 4 . A . b : M e m o r a n d u m ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) Existing Land Use, Zoning and Use(s) (Subject Property): Future Land Use Underlying Zoning Overlay Zoning Existing Use(s) MXD (Mixed Use Development) IL (Industrial, Light) Airport Single Family Residence Land Use, Zoning and Use(s) (Surrounding Properties): Future Land Use Zoning Existing Use(s) North MXD (Mixed Use Development) IL (Industrial, Light) Vacant South MXD (Mixed Use Development) IL (Industrial, Light) Vacant East T/U (Transportation/Utilities) U (Utilities) Vacant West MXD (Mixed Use Development) IL (Industrial, Light) D & D Welding and Fabrication, Inc. PROPOSAL BACKGROUND Missionary Flights and Services, Inc. is requesting an Amendment to the Official Zoning Atlas from IL (Industrial, Light) to RVP (Recreational Vehicle Park) for a +/- 5.2 acre parcel of land located on the west side of Hammond Road, approximately ½ mile north of the intersection of Hammond Road and St. Lucie Boulevard (3163 Hammond Road). The subject property lies within the Airport Zoning Overlay which regulates development to assure there are no conflicts with aviation safety and security. The applicant has submitted a companion development application for a Major Site Plan that is being reviewed and processed concurrently that will provide temporary accommodations for mission personnel consisting of six (6) short-term residences and twelve (12) recreational vehicle lots for use by missionaries that are not open to the general public. The existing 1,176 s.f. structure on the property will be demolished. Fort Pierce Utilities (FPUA) will provide water and wastewater service for the proposed commercial development. Neighborhood Meetings Although not a requirment, staff recommended that the applicant hold a neighborhood meeting prior to any public hearing. No meetings were conducted. BACKGROUND ANALYSIS Current Future Land Use: The Future Land Use designation is MXD (Mixed Use Development). The intent of the Mixed Use Development (MXD) designation is to identify those areas where innovative land use concepts 4.A.b Packet Pg. 13 At t a c h m e n t 4 . A . b : M e m o r a n d u m ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) are encouraged. Application of this district should be with prudence, and should be only to those areas where traditional land use classifications do not afford the desired flexibility and community input in land use planning necessary to address local concerns. Candidates for this district include all I-95 interchange areas, the St. Lucie County International Airport, Community Development Districts created pursuant to Chapter 190, Florida Statutes and areas of special or unique environmental consideration that may not be appropriate for traditional land use designations. Uses within the areas classified as Mixed Use should be segregated as to intensity and indicated in the form of a concept master plan which is to be included as a part of the land use designation process. Current Zoning: The current zoning of the subject property is IL (Industrial, Light), which is intended “…to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with light industrial surroundings.” Some of the permitted uses in this zoning district are construction and engineering services, manufacturing, repair services, wholesale trade and limited retail services to include nursery and garden supplies (see attached zoning use regulations for the entire list of permitted and conditional uses). Proposed Zoning: The proposed zoning district is RVP (Recreational Vehicle Park), which is intended to provide a location for permitted uses such as recreational vehicles, residences and recreational vehicle parks. The Land Use Compatibility Matrix (Table 1-3 of the Comprehensive Plan) identifies the RVP (Recreational Vehicle Park) zoning district to be compatible with MXD Future Land Use. Therefore, a Future Land Use Map Amendment (FLUMA) is not required. AMENDMENT TO THE OFFICIAL ZONING ATLAS STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LDC Section 11.06.03 of the St. Lucie County Land Development Code establishes the standards for reviewing amendments to the Official Zoning Atlas. In reviewing the application of a proposed amendment to the Official Zoning Atlas, the Board of County Commissioners and the Planning and Zoning Commission shall consider: A. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code (LDC); The proposed rezoning from IL (Industrial, Light) to RVP (Recreational Vehicle Park) is consistent with Land Development Code, Section 11.09.02 Zoning Conformance and identifies the RVP zoning district as compatible with the MXD Future Land Use 4.A.b Packet Pg. 14 At t a c h m e n t 4 . A . b : M e m o r a n d u m ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) designation. The proposed zoning will allow for the types of permitted uses (residences and recreational vehicle lots) that will be utilized on a temporary basis to accommodate volunteers for the Missionary Flights and Services, Inc. B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed rezoning from IL (Industrial, Light) to RVP (Recreational Vehicle Park) is consistent with the County’s Comprehensive Plan. The proposed change in zoning to RVP is compatible with the property’s Future Land Use Designation of MXD as per Comprehensive Plan Table 1-3, Land Use Designation / Zoning Compatibility Chart. The subject property is located in the Airport Mixed Use Activity Area as depicted on the map below and is restricted in use to the equivalent of COM, Commercial and IND, Industrial land uses. The proposed commercial lodging establishment consisting of residences and recreational vehicle lots is an equivalent use to a hotel/motel that is a permitted use in the CG, Commercial General zoning district, of which zoning district is compatible with COM land use. 4.A.b Packet Pg. 15 At t a c h m e n t 4 . A . b : M e m o r a n d u m ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) C. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed change in zoning from IL to RVP is consistent with the existing and proposed land uses. As stated above, the RVP zoning district is compatible with the MXD Future Land Use designation as per the both the Land Development Code and the Comprehensive Plan. D. Whether there have been any changed conditions that require an amendment; The properties within ½ mile of the subject parcel consist of vacant parcels, industrial/commercial, residential uses and the international airport. The built conditions along the Hammond Road corridor from St. Lucie Boulevard to Airmans Drive have not changed over the past few decades. The proposed zoning change to RVP in the MXD land use will offer a mix of compatible uses within this area. The subject property is less than ½ mile from St. Lucie Boulevard (an Urban Minor Arterial) which averages approximately 5,200 annual daily trips operating at an acceptable level of service C. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; Included in this petition is a request for a Concurrency Deferral Affidavit. The applicant is aware that the proposed development site plan is required to reserve capacity for all required public facilities. F. Whether and the extent which the proposed amendment would result in significant adverse impacts on the natural environment; The Environmental Resources Department (ERD) has reviewed the subject petition and provided a Report dated June 1, 2017 (see attached) and found that the proposed amendment would not result in significant adverse impacts on the natural environment. As a courtesy to the applicant, ERD staff completed an environmental assessment of the parcel. Staff found two (2) potentially occupied gopher tortoise burrows onsite. Updated gopher tortoise surveys and relocation permits issued by the Florida Fish and Wildlife Conservation Commission (FWC) will be required prior to the issuance of any building permit for the site. Additionally, ERD staff identified the site as having high quality, intact native habitat and urged the applicant to consider a 25% habitat set-aside to fulfill tree mitigation. The applicant has since decided to fulfill the required tree mitigation through an inch by inch method described in Land Development Code 6.00.05.D. 4.A.b Packet Pg. 16 At t a c h m e n t 4 . A . b : M e m o r a n d u m ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) All environmental impacts will be managed through the major site plan process. Through this process, impacts to native trees will be avoided to the greatest extent feasible, and the gopher tortoises will be relocated to prevent any impacts. A landscape plan will be reviewed and approved by ERD prior to minor site plan approval. G. Whether and the extent to which the proposed amendment would adversely affect property values in the area; The proposed zoning to RVP is not anticipated to adversely affect property values as it surrounded by IL and U zoned properties which have more intensive uses. Any future development of the site should have a positive impact and increase property values in the area. H. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; The rezoning to the RVP district would result in an orderly and logical development pattern that has been established in the area. The subject property is adjacent and within close proximity to a variety of industrial, commercial and residential uses, including the airport. There is an existing recreational vehicle park (Road Runner Travel Resort) consisting of 452 hook-up sites that offers temporary accommodations to guests and a single family manufactured home (Green Acres) subdivision with 113-lots located within ½ mile of the subject property to the south and west. I. Whether the proposed amendment would be in conflict with the public interest and is in harmony with the purpose and intent of this Code; and The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of this code. J. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment. The Planning and Zoning Commission and the Board of County Commissioners may raise other matters regarding this proposed amendment to the Official Zoning Atlas. ANALYSIS SUMMARY Based upon staff analysis contained in this memorandum, the proposed rezoning to RVP is consistent with the St. Lucie County Comprehensive Plan and the Land Development Code. The zoning change will allow this business which has been located at the airport for over 10 years to establish temporary accommodations for its staff and volunteers for its mission flights at a convenient location. 4.A.b Packet Pg. 17 At t a c h m e n t 4 . A . b : M e m o r a n d u m ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) STAFF RECOMMENDATION Staff recommends forwarding the proposed Amendment to the Official Zoning Map from IL (Industrial, Light) to RVP (Recreational Vehicle Park) to the Board of County Commissioners with a recommendation for approval. 4.A.b Packet Pg. 18 At t a c h m e n t 4 . A . b : M e m o r a n d u m ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.b Packet Pg. 19 At t a c h m e n t 4 . A . b : M e m o r a n d u m ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) SUGGESTED MOTION TO APPROVE/DENY THIS REQUESTED ZONING CHANGE: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION FORWARD A RECOMMENDATION OF APPROVAL TO THE BOCC FOR A CHANGE IN ZONING ON THE SUBJECT 5.2 ACRE PROPERTY FROM IL TO RVP BECAUSE…………….. (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION FORWARD A RECOMMENDATION OF DENIAL TO THE BOCC FOR A CHANGE IN ZONING ON THE SUBJECT 5.2 ACRE PROPERTY FROM IL TO RVP BECAUSE…………….. (CITE REASON WHY - PLEASE BE SPECIFIC) 4.A.c Packet Pg. 20 At t a c h m e n t 4 . A . c : P Z M o t i o n s ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) _______________________________ June 15, 2017 Resolution No. 2017-XXX File No.: RZ 420175120 Page 1 RESOLUTION NO. 2017-XXX File No.: RZ 420175120 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS FROM THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICT TO THE RVP (RECREATIONAL VEHICLE PARK) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Missionary Flights and Services, Inc. petitioned for an amendment to the Official Zoning Atlas to change the zoning from the IL (Industrial, Light) Zoning District to the RVP (Recreational Vehicle Park) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph “B” and depicted on the attached map as Exhibit “A”. 2. St. Lucie County Planning and Development Services staff has performed the required land use analysis for this application, which can be found in the Planning and Development Services memorandum dated June 15, 2017 entitled “Amendment to Official Zoning Atlas – Missionary Flights and Services, Inc.” 3. On June 15, 2017 the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, of which due notice was published in the St. Lucie News Tribune and recommended that the Board of County Commissioners approve the change in zoning to RVP (Recreational Vehicle Park). 4. On July 5, 2017 this Board held a public hearing on the petition after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 5. The proposed change in zoning is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 6. The proposed change in zoning is consistent with the existing and proposed uses in the surrounding area. 7. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit “B” was signed by the applicant on June ___, 2017. 4.A.d Packet Pg. 21 At t a c h m e n t 4 . A . d : R e s o l u t i o n ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) _______________________________ June 15, 2017 Resolution No. 2017-XXX File No.: RZ 420175120 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The recitals set forth above are true and correct and expressly incorporated here within. B. The property on which the Change in Zoning from IL (Industrial, Light) to RVP (Recreational Vehicle Park) is being granted is described as follows: THE SOUTH 200 FEET OF THE NORTH 245 FEET OF THE NORTH ½ OF THE NORTHEAST ¼ OF THE SOUTHWST ¼ OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA. LESS AND EXCEPTING ALL THE LAND DESCRIBED IN OFFICIAL RECORDS BOOK 459, PAGE 2756, OF THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA. LESS RIGHT-OF-WAY FOR PUBLIC ROADS AND CANALS, IF ANY. SAID PARCEL CONTAINS 5.2 ACRES MORE OR LESS. PARCEL SIZE: +/- 5.2 ACRES C. The St. Lucie County Planning and Development Services Director shall be authorized to amend the Official Zoning Map to change the zoning of the property herein described, from IL (Industrial, Light) to RVP (Recreational Vehicle Park) and to make notation of the reference to the date of adoption of this Resolution. D. A copy of this Resolution shall be mailed to the owner of record as identified on the application. E. This Resolution shall be recorded in the Public Records. 4.A.d Packet Pg. 22 At t a c h m e n t 4 . A . d : R e s o l u t i o n ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) _______________________________ June 15, 2017 Resolution No. 2017-XXX File No.: RZ 420175120 Page 3 After motion and second, the vote on this Resolution was as follows: Chris Dzadovsky, Chairman XXX Tod Mowery, Vice Chairman XXX Frannie Hutchinson, Commissioner XXX Linda Bartz, Commissioner XXX Cathy Townsend, Commissioner XXX PASSED AND DULY ADOPTED this 5th day of July, 2017. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: ______________ _____________________ DEPUTY CLERK COUNTY ATTORNEY 4.A.d Packet Pg. 23 At t a c h m e n t 4 . A . d : R e s o l u t i o n ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) _______________________________ June 15, 2017 Resolution No. 2017-XXX File No.: RZ 420175120 Page 4 Exhibit A Site Location Map 4.A.d Packet Pg. 24 At t a c h m e n t 4 . A . d : R e s o l u t i o n ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.e Packet Pg. 25 At t a c h m e n t 4 . A . e : M a p S e t ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.e Packet Pg. 26 At t a c h m e n t 4 . A . e : M a p S e t ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.e Packet Pg. 27 At t a c h m e n t 4 . A . e : M a p S e t ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.e Packet Pg. 28 At t a c h m e n t 4 . A . e : M a p S e t ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) IL INDUSTRIAL, LIGHT ZONING DISTRICT 1. Purpose. The purpose of this district is to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding are, together with such other uses as may be necessary to and compatible with light industrial surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Business services. (73) b. Communications - including telecommunication towers - subject to the standards of Section 7.10.23. (48) c. Construction services: 1. Building construction - general contractors. (15) 2. Other construction - general contractors. (16) 3 Construction - special trade contractors. (17) d. Engineering, architectural and surveying services. (871) e Commercial fishing. (091) f. Laundry, cleaning and garment services. (721) g. Local and suburban transit. (41) h Manufacturing: 1. Food and kindred products. (20) 2. Tobacco products. (21) 3. Textile mill products. (22) 4. Apparel and other finished products. (23) 5. Furniture and fixtures. (25) 6. Printing, publishing and allied industries. (27) 7. Drugs. (283) 8. Leather and leather products. (31) 9. Glass: a. Flat glass. (321) b. Glass and glassware - pressed or blown. (322) c. Glass products - made of purchased glass. (323) 10. Fabricated metal prod. - except machinery and transport. equip.: 4.A.f Packet Pg. 29 At t a c h m e n t 4 . A . f : I L a n d R V P Z o n i n g D i s t r i c t R e q u i r e m e n t s ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) a. Metal cans and shipping containers. (341) b. Cutlery, handtools and general hardware. (342) c. Heating equipment, except electric and warm air, and plumbing fixtures. (343) d. Fabricated structural metal products. (344) e. Coating, engraving and allied services. (347) f. Miscellaneous fabricated metal products: 1. Wire products. (3495) 2. Misc. fabricated wire products. (3496) 3. Metal foil and leaf. (3497) 4. Fabricated metal products - NEC. (3499) 11. Industrial/commercial machinery and computer equipment: a. Metalworking machinery and equipment. (354) b. Special industry machinery, except metalworking machinery. (355) c. General industrial machinery and equipment. (356) d. Computers and office equipment. (357) 12. Electronic and other electrical equipment and components, except computer equipment: a. Household appliances. (363) b. Electric lighting and wiring equipment. (364) c. Household audio and video equipment. (365) d. Communications equipment. (366) e. Electronic components and accessories. (367) f. Misc. electrical machinery equipment and supplies. (369) 13. Measuring, analyzing and controlling instruments. (38) 14. Photographic, medical and optical goods. (38) 15. Watches and clocks. (38) 16. Misc. manufacturing industries: a. Jewelry, silverware, and platedware. (391) b. Musical instruments and parts. (393) c. Dolls, toys, games and sporting goods. (394) d. Pens, pencils, and other office and artists' materials. (395) e. Costume jewelry, costume novelties, and notions. (396) f. Brooms and brushes. (3991) g. Signs and advertising displays. (3993) 4.A.f Packet Pg. 30 At t a c h m e n t 4 . A . f : I L a n d R V P Z o n i n g D i s t r i c t R e q u i r e m e n t s ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) h. Morticians goods. (3995) i. Manufacturing industries, NEC. (3999) 17. Plastic products - fabrication, molding, cutting, extrusion, and injection processing. (308) i. Marinas. (4493) j. Millwork and structural wood members. (243) k. Motion pictures. (78) l. Motor freight transportation and warehousing. (42) m. Repair services: 1. Automotive and automotive parking. (75) 2. Electrical. (762) 3. Watch, clock and jewelry repair. (763) 4. Reupholstery and furniture repair. (764) 5. Misc. repairs and services. (769) n. Retail trade: 1. Lumber and other building materials. (521) 2. Paint, glass and wallpaper. (523) 3. Hardware. (525) 4. Nurseries, lawn and garden supplies. (526) 5. Mobile home dealers. (527) 6. Automotive/boat/RV/motorcycle dealers. (55) 7. Gasoline service. (55) 8. Furniture and furnishings. (57) o. Research, development, and testing services. (873) p. Ship, boat building and repairing - less than forty-five (45) feet. (373) q. Sorting, grading and packaging services - citrus/vegetables. (0723) r. Vocational schools. (824) s. Wholesale trade - durable goods: 1. Motor vehicle and automotive equipment. (501) 2. Furniture and home furnishings.(502) 3. Lumber and other building materials. (503) 4. Professional and commercial equipment/supplies. (504) 5. Metals and minerals except petroleum. (505) 6. Electrical goods. (506) 7. Hardware, plumbing and heating equipment, and supplies. (507) 8. Machinery, equipment, and supplies. (508) 9. Misc. durable goods: 4.A.f Packet Pg. 31 At t a c h m e n t 4 . A . f : I L a n d R V P Z o n i n g D i s t r i c t R e q u i r e m e n t s ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) a. Sporting and recreational goods. (5091) b. Toys and hobby goods. (5092) c. Jewelry, watches, precious stones and metals. (5094) d. Durable goods NEC. (5099) t. Wholesale trade - nondurable goods: 1. Paper and paper products. (511) 2. Drugs. (512) 3. Dry goods and apparel. (513) 4. Groceries and related products. (514) 5. Farm products - raw materials. (515) 6. Chemicals, and allied products. (516) 7. Beer, wine, and distilled alcoholic beverages. (518) 8. Misc. nondurable goods: a. Farm supplies. (5191) b. Books, periodicals and newspapers. (5192) c. Flowers, nursery stock and florists' supplies. (5193) d. Tobacco/tobacco products. (5194) e. Paints, varnishes and supplies. (5198) f. Nondurable goods, NEC. (5199) u. Mobile food vendors. (999) v. Single-family detached dwelling units provided that the single-family dwelling unit is located on an existing lot or parcel or record, as further defined in this Code, that was existing on or before August 1, 1990. (999) w. Kennels. Allowed as a permitted use only when the property is surrounded by industrial uses or zoning and is five hundred (500) feet or more from residential uses or zoning. All distance requirements shall be measured from the nearest point of the existing home or area of single-family zoning to the nearest point of the proposed kennel. x. Landscape and horticultural services. (078) y. Personal services. (72) 3 Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 4.A.f Packet Pg. 32 At t a c h m e n t 4 . A . f : I L a n d R V P Z o n i n g D i s t r i c t R e q u i r e m e n t s ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 5. Offstreet Parking and Loading Requirements. Offstreet parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Airports, landing and takeoff fields - general aviation. (4581) b. Manufacturing: 1. Cut stone and stone products. (328) 2. Motorcycles, bicycles, and parts. (375) 3. Wood containers, wood buildings and mobile homes. (244/245) c. Ship, boat building and repairing (excluding ship or boat salvaging) - forty-five (45) to one hundred fifty (150) feet. (373) d. Wholesale: 1. Petroleum bulk stations and terminals. e. Scrap and waste materials - subject to the provisions of Section 7.10.12.A. f. Kennels. (0752) Other than those permitted under Section 3.01.03 T.2.w. of the Land Development Code. 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Co-generation facilities. (999) b. Fueling facilities. (999) c. Industrial wastewater disposal. (999) d. One detached single-family dwelling or mobile home for on-site security purposes per property. (999) e. Retail trade accessory to the primary manufacturing or wholesaling use. (999) f. Solar energy systems, subject to the requirements of Section 7.10.28. 4.A.f Packet Pg. 33 At t a c h m e n t 4 . A . f : I L a n d R V P Z o n i n g D i s t r i c t R e q u i r e m e n t s ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) RVP RECREATIONAL VEHICLE PARK ZONING DISTRICT 1. Purpose. The purpose of this district is to provide for the location of recreational vehicles and travel trailers. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Single-family residences, including Class A Mobile Homes, subject to the requirements of Section 7.10.16. (999) b. Recreational vehicles and travel trailers. (7033) c. Recreational vehicle parks are subject to the requirements of Section 7.10.16. (7033) 3. Conditional Uses: a. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 4. Accessory Uses. Accessory uses are subject to the requirements of Sections 7.10.16 and 8.00.00. a. Solar energy systems, subject to the requirements of Section 7.10.28. 4.A.f Packet Pg. 34 At t a c h m e n t 4 . A . f : I L a n d R V P Z o n i n g D i s t r i c t R e q u i r e m e n t s ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.g Packet Pg. 35 At t a c h m e n t 4 . A . g : B o u n d a r y a n d T o p o g r a p h i c S u r v e y ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) Environmental resources FINAL REPORT TO: Jeffrey Johnson, Planning & Development Services Department THROUGH: Amy Griffin, Environmental Resources Director FROM: Ben Balcer, Environmental Regulations Manager DATE: June 1, 2017 SUBJECT: Missionary Flights and Services Inc. Rezoning RZ 420175120 Background The Environmental Resources Department (ERD) has completed a site visit and review of the April 3, 2017 Planning and Development Services’ date-stamped submittal. The applicant is requesting approval to rezone the parcel from Industrial Light (IL) to Recreational Vehicle Park (RVP). The 5.2-acre site is located on the west side of Hammond Road, just north of Sun Citrus Boulevard. The site is comprised of intact live oak habitat (FLUCCS 427), with scattered Brazilian pepper trees. There is an existing 1,176 sq. ft. structure on the parcel, which will be demolished as part of this request. The applicant is concurrently requesting minor site plan approval to construct six (6) cottage lots, twelve (12) recreational vehicle lots, and a 6,558 sq. ft. clubhouse, with associated parking and landscaping. The proposed square footage of each cottage is 1,305 sq. ft. Findings As a courtesy to the applicant, ERD staff completed an environmental assessment of the parcel. Staff found two (2) potentially occupied gopher tortoise burrows onsite. Updated gopher tortoise surveys and relocation permits issued by the Florida Fish and Wildlife Conservation Commission (FWC) will be required prior to the issuance of any building permit for the site. Additionally, ERD staff identified the site as having high quality, intact native habitat and urged the applicant to consider a 25% habitat set-aside to fulfill tree mitigation. The applicant has since decided to fulfill the required tree mitigation through an inch by inch method described in Land Development Code 6.00.05.D. All environmental impacts will be managed through the minor site plan process. Through this process, impacts to native trees will be avoided to the greatest extent feasible and the gopher tortoises will be relocated to prevent any impacts. A landscape plan will be reviewed and approved by ERD prior to minor site plan approval. Recommendation ERD supports the approval of rezoning the subject parcel from Industrial Light (IL) to Recreational Vehicle Park (RVP). 4.A.h Packet Pg. 36 At t a c h m e n t 4 . A . h : E R D F I n a l R e p o r t ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.i Packet Pg. 37 At t a c h m e n t 4 . A . i : D e v e l o p m e n t A p p l i c a t i o n ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.i Packet Pg. 38 At t a c h m e n t 4 . A . i : D e v e l o p m e n t A p p l i c a t i o n ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.i Packet Pg. 39 At t a c h m e n t 4 . A . i : D e v e l o p m e n t A p p l i c a t i o n ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.i Packet Pg. 40 At t a c h m e n t 4 . A . i : D e v e l o p m e n t A p p l i c a t i o n ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.i Packet Pg. 41 At t a c h m e n t 4 . A . i : D e v e l o p m e n t A p p l i c a t i o n ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.i Packet Pg. 42 At t a c h m e n t 4 . A . i : D e v e l o p m e n t A p p l i c a t i o n ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.i Packet Pg. 43 At t a c h m e n t 4 . A . i : D e v e l o p m e n t A p p l i c a t i o n ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.i Packet Pg. 44 At t a c h m e n t 4 . A . i : D e v e l o p m e n t A p p l i c a t i o n ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.i Packet Pg. 45 At t a c h m e n t 4 . A . i : D e v e l o p m e n t A p p l i c a t i o n ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.i Packet Pg. 46 At t a c h m e n t 4 . A . i : D e v e l o p m e n t A p p l i c a t i o n ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.i Packet Pg. 47 At t a c h m e n t 4 . A . i : D e v e l o p m e n t A p p l i c a t i o n ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.i Packet Pg. 48 At t a c h m e n t 4 . A . i : D e v e l o p m e n t A p p l i c a t i o n ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.i Packet Pg. 49 At t a c h m e n t 4 . A . i : D e v e l o p m e n t A p p l i c a t i o n ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.j Packet Pg. 50 At t a c h m e n t 4 . A . j : P u b l i c H e a r i n g N o t i f i c a t i o n s ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.j Packet Pg. 51 At t a c h m e n t 4 . A . j : P u b l i c H e a r i n g N o t i f i c a t i o n s ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) 4.A.j Packet Pg. 52 At t a c h m e n t 4 . A . j : P u b l i c H e a r i n g N o t i f i c a t i o n s ( 4 4 3 0 : M i s s i o n a r y F l i g h t s a n d S e r v i c e s , I n c - A m e n d m e n t t o O f f i c i a l Z o n i n g A t l a s ) Our view: Board members should wise up, keep government business off Facebook Treasure Coast Newspapers Editorial Board 4:43 p.m. ET May 25, 2017 Here’s what happened: Three members of the same public board discussed potential government business on a social media site. If the three were doing the same via email, or talking in a hallway or by conference call, there would be no question Florida's Sunshine Law had been violated. Yet some doubt whether the law is abrogated when public officials converse with one another on social media. It's time to end the speculation. "If they're talking back and forth about an issue, that's a meeting; and by law, it has to be announced beforehand and be open to the public." So said Barbara Petersen, president of the Florida First Amendment Foundation, the Tallahassee-based nonprofit dedicated to open government. State law prohibits two or more members of an elected or appointed board from discussing matters that may result in foreseeable action outside of a public meeting that has been duly noticed. Petersen's comment was in reference to several social media conversations between three members of the South Florida Water Management District's Water Resources Advisory Commission (/story/news/local/indian-river-lagoon/health/2017/05/19/south-florida-water-management-district-facebook- sunshine-law/101714052/): Nyla Pipes of Port St. Lucie, Newton Earl Cook of Tequesta and Mikhael Elfenbein of Englewood. On at least five occasions in the past two months, the trio chatted on Pipes' Facebook page about the reservoir the Florida Legislature funded in Senate Bill 10. The reservoir, to be built south of Lake Okeechobee, will help reduce discharges to the estuaries east and west of the lake. The Water Resources Advisory Commission, as its name suggests, advises the South Florida Water Management District Governing Board, which will work with the federal government to design and build the reservoir. Pipes and Cook told TCPalm they don't think Sunshine Law applies to Facebook. They are wrong. Elfenbein declined to comment. Equally telling is the revelation by Pipes, who is active on social media, that the district didn't warn her about Facebook. To this point, information provided by the district to incoming commission members only warns against discussions "in person, by phone or by email." These three categories are illustrative, but not complete. Sunshine Law applies to discussions between two or more board or commission members in any medium that facilitates conversation, including Facebook. Of the commission trio, Petersen said they can express their opinions on social media, but "they just can't talk with each other on Facebook about commission business." An April 2009 opinion by former Florida Attorney General Bill McCollum echoes this conclusion. There are a few lessons here. First, if you are an elected or appointed official, DO NOT CONVERSE with another member of the same board or commission about potential government business on social media sites. Second, the water management district needs to adequately train board members to navigate social media. And it's not just the district. The rapid growth of social media puts additional responsibility on all local governments to obey Sunshine Law while their members participate in electronic conversations. Editorials of Treasure Coast Newspapers/TCPalm are decided collectively by its Editorial Board. To respond to this editorial in a letter to the editor (http://static.tcpalm.com/forms/?wid=q1jkscld1v7h87e), email up to 300 words to TCNLetters@TCPalm.com. (Photo: LEAH VOSS/TCPALM) Buy Photo Page 1 of 2Our view: Board members should wise up, keep government business off Facebook 5/26/2017http://www.tcpalm.com/story/opinion/editorials/2017/05/25/our-view-board-members-should-wise-up-k... 6.A Packet Pg. 53 Co m m u n i c a t i o n : D i s c u s s i o n : S o c i a l M e d i a a n d t h e S u n s h i n e L a w ( O T H E R B U S I N E S S )