HomeMy WebLinkAboutAgenda Packet 07.20.2017
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PLANNING & ZONING COMMISSION
AGENDA
ST. LUCIE COUNTY
P & Z Regular Meeting
Thursday, July 20, 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, July 20, 2017 6:00 PM
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WELCOME
Please turn off all cellular phones and pagers prior to entering the Commission Chambers.
Please note that the Planning and Zoning Commission/Local Planning Agency serves in an advisory
capacity to the St. Lucie County Board of County Commissioners and has the power to review and
make recommendations to the Board, for approval or disapproval, on any applications within their
area of responsibility.
The Planning and Zoning Commission strongly encourages your input and comment at the public
hearing. Please limit comments to three minutes if possible and be respectful of others’ opinions.
For public convenience, all meetings are televised and are provided with wireless internet access.
P & Z Regular Meeting Thursday, July 20, 2017 6:00 PM
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1. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
C. Invocation
D. Announcements
E. Disclosure(s)
2. MINUTES
A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, June 15,
2017
3. PUBLIC COMMENT
4. PUBLIC HEARINGS
A. Northside Worship Center Inc. (Educational Services, grades K-12) - Conditional Use Permit
Staff recommends approval of the conditional use permit for educational services (grades K-12)
subject to conditions in the Resolution.
B. Resolution - Rock Pit Lake Rezoning from the AG-1 (Agricultural - 1 du/ac) to the IX (Industrial,
Extraction) zoning district.
Staff recommends that the amending Resolution be forwarded to the Board of County
Commissioners with a recommendation for approval.
C. Ordinance - Agricultural Labor Housing Text Amendment
Staff recommends that the proposed text amendment to the Land Development Code be
forwarded to the Board of County Commissioners with a recommendation for approval.
D. Postponement of the Placement of Wireless Communication Facilities
Staff recommends the Local Planning Agency forward the draft ordinance to the Board of
County Commissioners with a recommendation of approval.
5. WORKSHOPS
A. There are no scheduled items .
P & Z Regular Meeting Thursday, July 20, 2017 6:00 PM
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6. OTHER BUSINESS
A. There are no scheduled items.
7. ADJOURN
NOTICE: All proceedings before the Planning and Zoning Commission / Local Planning Agency of St. Lucie County, Florida, are
electronically recorded. If a person decides to appeal any recommendation made by the Planning and Zoning Commission /
Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the
proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, by hiring
their own court reporter at their own expense, to create a record that includes the testimony and evidence upon which the
appeal is based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in.
Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon
request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk
Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about
this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822.
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ST. LUCIE COUNTY PLANNING & ZONING COMMISSION
ST. LUCIE COUNTY, FLORIDA
P & Z Regular Meeting
June 15, 2017 Convened: 6:00 PM
Adjourned: 6:30 PM
1. CALL TO ORDER
The meeting was called to order at 6:00 PM by Chairman William O'Dell
A. Pledge of Allegiance
B. Invocation
By Mr. Hopkins
Attendee Name Title Status Arrived
William O'Dell Chairman Present
James Clasby Vice Chairman Absent
Edward Lounds Board Member Present
Craig Mundt Board Member Present
William Smith Board Member Present
Kara Wood Board Member Present
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
D. Announcements
None
E. Disclosure(s)
Mr. Lowe stated he spoke with a commissioner.
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P & Z Regular Meeting Thursday, June 15, 2017 6:00 PM
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2. MINUTES
A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, May 18,
2017
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Edward Lounds, Board Member
SECONDER: James Taylor, At-Large Board Member
AYES: O'Dell, Lounds, Mundt, Smith, Wood, Hopkins, Lowe, Taylor
ABSENT: James Clasby
3. PUBLIC COMMENT
None
4. PUBLIC HEARINGS
A. Resolution - Rezoning for Missionary Flights and Services, Inc.
Jeff Johnson, Senior Planner stated the Missionary Flight 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
1/2 mile north of the intersection of Hammond Road and St. Lucie Blvd. 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 residences and 12 recreational vehicle lots that are not open to the public. The
existing 1,176 s.f. structure on the property wil be demolished. Fort Pierce Utilities Authority
(FPUA) will provide water and wastewater service for the proposed commercial development.
Staff recommends the Planning and Zoning Commission forward a recommendation of approval
for the proposed amendment to the officical zoning atlas from IL (Industrial, light) to RVP
(Recreational Vehicle Park).
Brad Currie of EDC, the agent for the applicant gave a short presentation. Richard Snook, Vice
President of Missionary Flights International also gave a detailed response of why the
amendment was needed and also gave very interesting information about the mission services.
The Commission had a brief discussion and asked Mr. Snook questions concerning the missions
and services. They also complimented the service being provided.
Public Hearing open
No one spoke
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P & Z Regular Meeting Thursday, June 15, 2017 6:00 PM
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Public Hearing closed
RESULT: APPROVED [UNANIMOUS]
MOVER: Edward Lounds, Board Member
SECONDER: William Smith, Board Member
AYES: O'Dell, Lounds, Mundt, Smith, Wood, Hopkins, Lowe, Taylor
ABSENT: James Clasby
5. WORKSHOPS
A. There are no scheduled items.
6. OTHER BUSINESS
A. Discussion: Social Media and the Sunshine Law
Heather Young, Assistant County Attorney reminded the commission of the Sunshine Law and
discussed the article in their packet concerning discussing issues on social media.
RESULT: ITEM DISCUSSED
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.
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ITEM NO. (ID # 4511)
DATE: 07/20/2017
AGENDA REQUEST *PUBLIC HEARINGS
QUASI-JUDICIAL
BACKGROUND:
Northside Worship Center, Inc. is requesting a Conditional Use Permit to allow for educational services
(grades K-12) on the southern +/- 2.9 acre portion of an +/- 5.75 acre property that is zoned Institutional,
located on the north side of St. Lucie Boulevard between the International Airport and 25th Street (3100
St. Lucie Boulevard). The subject property is zoned I, Institutional and is designated P/F, Public Facilities
on the Future Land Use Map and lies within the Airport Zoning Overlay which regulates development to
assure there are no conflicts with aviation safety and security.
Educational services and facilities are allowed in the Institutional Zoning District as a Conditional Use in
accordance to Land Development Code (LDC), Section 3.01.03.X.7.f. The proposed school will occupy
approximately 4,500 s.f. of the existing 12,835 s.f. of building and will operate 7:00 a.m. to 6:00 p.m.,
Monday through Friday, independent from church related activities. There is no new building
construction proposed with this request.
PREVIOUS ACTION:
None
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends approval of the conditional use permit for educational services (grades K-12) subject to
conditions in the Resolution.
COMMISSION ACTION:
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Jeffrey Johnson, Senior Planner
SUBMITTED BY: Planning Division
SUBJECT: Northside Worship Center Inc. (Educational Services, grades K-12) -
Conditional Use Permit
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Updated: 7/11/2017 5:46 PM by Leslie Olson Page 2
Coordination/Signatures
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PLANNING AND ZONING COMMISSION
Planning Division Agenda Item Summary
Hearing Date:
Thursday
July 20, 2017
__________________
Applicant
Northside Worship Center
3100 St. Lucie Boulevard
Fort Pierce, FL 34946
Agent
None
Future Land Use
P/F, Public Facilities
Zoning District
I, Institutional
Request
A Conditional Use Permit
for educational services
(grades K-12)
Staff
Jeffrey Johnson
Senior Planner
JohnsonJ@stlucieco.org
(772) 462-1580 (direct)
File Number
CU 620175148
Staff Recommendation
Approval.
Conditional Use Permit
Northside Worship Center, Inc.
Project Description
Northside Worship Center, Inc. is
requesting a Conditional Use Permit
for educational services (grades K-
12) on an approximately 5.75 acre
parcel located 1/4 west of 25th
Street, on the north side of St. Lucie
Boulevard (3100 St. Lucie
Boulevard).
The proposed educational facility will
be accessory to the existing place of
worship and will not exceed a
capacity of 40 students at any given
time. The school will occupy less
than one-half of the existing 12,835
s.f. building. There is no new
construction associated with this
request.
Notice Requirements
A display ad for a public hearing
notice in accordance with LDC,
Section 11.00.03 was placed in the
St. Lucie News Tribune on July 5,
2017. Notices were mailed to
property owners within a 500 foot
radius, and a public hearing
notification sign was installed on the
property.
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Planning and Development Services
Planning Division
M E M O R A N D U M
TO: Planning and Zoning Commission
THROUGH: Leslie Olson, AICP, Director
Bonnie C. Landry, AICP, Planning Manager
FROM: Jeffrey Johnson, Senior Planner
DATE: July 20, 2017
SUBJECT: Conditional Use Permit Request – Northside Worship Center, Inc. (Educational
Services, Grades K-12)
GENERAL INFORMATION
Applicant: Northside Worship Center, Inc.
Agent for Applicant: None
Name of Proposed School: Northside Learning Center
Location: 3100 St. Lucie Boulevard
Parcel Id Number: 1428-702-1420-000-9
Parcel Size: +/- 5.75 acres
Existing Uses: Place of Worship
Proposed Use(s): Educational Services (Grades K-12)
Wetlands: None
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Conditional Use Permit – CU 620175148
Northside Worship Center, Inc.
July 20, 2017
Page 2
Utilties: Fort Pierce Utilties Authority Water and Wastewater
Urban Service Boundary: Inside
Existing Land Use and Zoning:
Future Land Use Zoning Existing Use(s)
P/F (Public Facilities) I (Institutional) Place of Worship
Surrounding Land Use and Zoning:
Future Land Use Zoning Existing Use(s)
North IND (Industrial) IL (Industrial, Light) Vacant
South IND (Industrial) IL (Industrial, Light) Vacant
East IND (Industrial) IL (Industrial, Light) Vacant
West IND (Industrial) IL (Industrial, Light) Vacant
BACKGROUND INFORMATION
Northside Worship Center, Inc. is requesting a Conditional Use Permit to allow for educational
services (grades K-12) on the southern +/- 2.9 acre portion of an +/- 5.75 acre property that is
zoned Institutional, located on the north side of St. Lucie Boulevard between the International
Airport and 25th Street (3100 St. Lucie Boulevard). The subject property is zoned I, Institutional
and is designated P/F, Public Facilities on the Future Land Use Map and lies within the Airport
Zoning Overlay which regulates development to assure there are no conflicts with aviation safety
and security.
Educational services and facilities are allowed in the Institutional Zoning District as a Conditional
Use in accordance to Land Development Code (LDC), Section 3.01.03.X.7.f. The proposed school
will occupy approximately 4,500 s.f. of the existing 12,835 s.f. of building and will operate 7:00
a.m. to 6:00 p.m., Monday through Friday, independent from church related activities. There is
no new building construction proposed with this request.
NEIGHBORHOOD MEETING
The applicant did not hold a neighborhood meeting on the proposed petition. Although
neighborhood meetings are strongly encouraged, they are not required.
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Conditional Use Permit – CU 620175148
Northside Worship Center, Inc.
July 20, 2017
Page 3
CONDITIONAL USE PERMIT
STANDARDS OF REVIEW SET FORTH IN
LDC, SECTION 11.07.03
Land Development Code, Section 11.07.03 establishes the standards for reviewing Conditional
Use Permits. In reviewing an application for a Conditional Use Permit, the Board of County
Commissioners and the Planning and Zoning Commission shall consider:
A. CONSISTENCY WITH LAND DEVELOPMENT CODE AND COMPREHENSIVE PLAN
Consistency with Land Development Code Regulations
The proposed conditional use is not in conflict with any applicable portions of the St. Lucie County
Land Development Code (LDC). There is no new building construction proposed with this
request.
Compliance with Comprehensive Plan
The proposed educational facilities further the goals, objectives and policies of the St. Lucie
County Comprehensive Plan Schools Facilities Element. The proposed school will contribute and
have a positive impact on the level of education services provided and help ensure that overall
capacity for schools is sufficient to support the residents in the County.
B. EFFECT ON ADJACENT PROPERTIES
The proposed conditional use should not have an undue adverse effect upon surrounding
properties and uses which are vacant. The educational activities will take place indoors within
classrooms between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, independent
from church related activities.
C. ADEQUACY OF PUBLIC FACILITIES
The proposed uses are not expected to create significant additional demands on any public
facilities in this area. The subject property is located inside the urban service boundary where
adequate public services are provided.
Water/Wastewater
The subject property is currently served by Fort Pierce Utilities Authority (FPUA) water and
wastewater. The proposed school use when operating independently from the church should
not create any significant additional demands.
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Conditional Use Permit – CU 620175148
Northside Worship Center, Inc.
July 20, 2017
Page 4
Transportation System
St. Lucie Boulevard is classified as an Urban Minor Arterial in the Comprehensive Plan. This
section of roadway is currently operating at an acceptable C level of service and averages
approximately 5,200 daily trips, with 880 peak hour trips.
Based on a maximum of 40 students, including the total amount of a.m. trips generated (51 trips
– 31 inbound and 20 outbound), the peak hour turn movements will be 24 westbound right turn
and 7 eastbound left turn, which is under the threshold of 75 right turn and 30 left turn
movements that typically warrant the addition of turn lanes. Therefore, concurrency has been
met, and with traffic volumes in and out of the proposed project, turn lanes are not warranted
and traffic should operate in an acceptable manner.
A condition of approval limits the total enrollment to 40 students. If the enrollment exceeds this
amount, an adjustment to the Conditional Use Permit is required to be submitted to the Planning
Division, and traffic impacts will be re-evaluated.
Parking
The property has been utilized as a place of worship since the early 1960’s and has met their
parking requirement by providing over 50 pervious (grass) off-street parking spaces. Based on
the ITE Parking Generation 4th Edition, a total of six (6) paved parking spaces are required to be
provided for the proposed school with up to 40 students. Prior to occupancy, a condition of
approval requires the applicant to designate these six (6) paved parking spaces on the property
to meet this requirement, including two (2) handicapped or ADA accessible parking spaces.
D. ADEQUACY OF FIRE PROTECTION
The St. Lucie County Fire District has reviewed and coordinated the application with the
Development Review Committee (DRC) and has no objection The applicant will be required to
obtain a Zoning Compliance approval for the use and will need to coordinate an inspection with
the Fire District to assure compliance with the the Florida Fire Prevention Code and the Florida
Life Safety Code.
E. ENVIRONMENTAL IMPACT
The Environmental Resources Department has reviewed the application and submitted the
following report:
Background
The Environmental Resources Department (ERD) completed a site visit and review of the
applicant’s request to operate a learning center within the existing church facility. Although no
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Conditional Use Permit – CU 620175148
Northside Worship Center, Inc.
July 20, 2017
Page 5
new construction is proposed, the parcel does contain intact native pine flatwoods habitat and is
adjacent to the US Fish and Wildlife Services’ Scrub Jay consultation area.
Findings
ERD’s evaluation finds no negative environmental impacts with the proposed Conditional Use. A
condition of approval has been included requiring onsite landscaping be brought into compliance
with Land Development Code 7.09.04.A and the removal of all Category I Invasive vegetation.
Conditions of Approval
1. Within 90 days of Conditional Use approval, the applicant shall install a native hedge,
within the 15-foot landscape buffer along the St. Lucie Boulevard right-of-way, in order to
bring the site into compliance with Land Development Code 7.09.04.A.
2. Within 180 days of Conditional Use approval, all Category I listed invasive species,
including but not limited to Brazilian pepper trees, shall be eradicated from the parcel.
Removal of Vegetation shall not occur within scrub jay nesting season, which runs from
March through June.
3. The issuance of County development permit does not in any way create any rights on the
part of the applicant to obtain a permit from a state or federal agency and does not create
any liability on the part of the County if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law.
4. All other applicable state or federal permits must be obtained before commencement of
the development.
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Suggested motion to recommend approval/denial of this requested conditional use.
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING
STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST.
LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING
COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
ADOPT A RESOLUTION GRANTING APPROVAL TO THE PETITION OF NORTHSIDE WORSHIP
CENTER, INC. FOR A CONDITIONAL USE PERMIT TO ALLOW A PRIVATE SCHOOL (GRADES K-12)
IN THE INSTITUTIONAL ZONING DISTRICT, BECAUSE... [LIST CONDITION(S)]
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING
STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST.
LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING
COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
ADOPT A RESOLUTION DENYING THE PETITION OF NORTHSIDE WORSHIP CENTER, INC. FOR A
CONDITIONAL USE PERMIT FOR A PRIVATE SCHOOL (GRADES K-12) IN THE INSTITUTIONAL
ZONING DISTRICT, BECAUSE… [CITE REASON(S) WHY - PLEASE BE SPECIFIC]
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_______________________________
File No.: CU 620175148 Resolution 2017-XXX
July 20, 2017
Page 1
Resolution 2017- XXX
File No.: CU 620175148
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
APPROVAL FOR EDUCATIONAL SERVICES (GRADES K-
12) IN THE I, (INSTITUTIONAL) 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 findings in the staff report, has
made the following determinations:
1. Northside Worship Center, Inc., presented a petition for a Conditional Use Permit
for educational services (a day school grades K-12) in the I (Institutional) Zoning
District for the property depicted on the attached map in Exhibit “A” and
described in Part B below.
2. On July 20, 2017 the St. Lucie County Planning and Zoning Commission held a
public hearing on the petition, after publishing notice at least 10 days prior to the
hearing and notifying by mail all owners of property within 500 feet of the subject
property, and recommended that the Board of County Commissioners
approve/deny the hereinafter described Conditional Use Permit in the I,
(Institutional) Zoning District for the property described in Part B.
3. On __________, 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.
4. The Conditional Use Permit, with the conditions therein, is consistent with the
goals, objectives and policies of the St. Lucie County Comprehensive Plan and
has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land
Development Code.
5. With conditions therein, the project will not have an undue adverse effect on
adjacent property, the character of the neighborhood, traffic conditions, parking,
utility facilities, or other matters affecting the public health, safety and general
welfare.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
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_______________________________
File No.: CU 620175148 Resolution 2017-XXX
July 20, 2017
Page 2
A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
Conditional Use Permit that allows for educational services on the property
described below is hereby approved subject to the following conditions:
Planning and Development Services Department – Planning Division
1. The number of students at any given time shall not exceed forty (40).
2. The hours of operation shall be Monday through Friday, 7 a.m. to 6 p.m.
3. Prior to the occupancy, the applicant shall designate a total of six (6)
paved parking stalls, which include two (2) handicapped or ADA
accessible spaces.
Environmental Resources Department
4. Within 90 days of Conditional Use approval, the applicant shall install a
native hedge, within the 15-foot landscape buffer along the St. Lucie
Boulevard right-of-way, in order to bring the site into compliance with Land
Development Code 7.09.04.A.
5. Within 180 days of Conditional Use approval, all Category I listed invasive
species, including but not limited to Brazilian pepper trees, shall be
eradicated from the parcel. Removal of Vegetation shall not occur within
scrub jay nesting season, which runs from March through June.
6. The issuance of County development permit does not in any way create
any rights on the part of the applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the County if
the applicant fails to obtain requisite approvals or fulfill the obligations
imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law.
7. All other applicable state or federal permits must be obtained before
commencement of the development.
B. The subject property is described as follows:
LEGAL DESCRIPTION
Lots 1-9 and Lots 28-36, Block 62, San Lucie Plaza Unit One, according to the
Plat thereof recorded in Plat Book 5. Page 57, Public Records of St. Lucie
County, Florida. Containing +/- 2.90 acres.
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_______________________________
File No.: CU 620175148 Resolution 2017-XXX
July 20, 2017
Page 3
.PARCEL IDENTIFICATION NUMBER
1428-702-1420-000-9
C. The approvals and authorizations granted by this Resolution are for the purpose
of obtaining a Building Permit or Zoning Compliance from St. Lucie County, and
are not assigned to any other party or institution. Should the petitioners choose
or decide to assign this business to another entity or individual, a minor
adjustment to the Conditional Use Permit shall be required.
D. The approvals and authorizations granted by this Resolution shall expire on
_________, 2018, unless a Building Permit or Certificate of Zoning Compliance
for is obtained for the uses described in Part A above, or an extension has been
granted in accordance with Section 11.07.05(F), St. Lucie County Land
Development Code.
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_______________________________
File No.: CU 620175148 Resolution 2017-XXX
July 20, 2017
Page 4
After motion and second, the vote on this resolution was as follows:
Chairman Chris Dzadovsky XXX
Vice-Chairman Tod Mowery XXX
Commissioner Frannie Hutchinson XXX
Commissioner Linda Bartz XXX
Commissioner Cathy Townsend XXX
PASSED AND DULY ADOPTED this ___ day of ____, 2017.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOIRDA
BY
Chairman
ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
______________ _____________________
DEPUTY CLERK COUNTY ATTORNEY
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_______________________________
File No.: CU 620175148 Resolution 2017-XXX
July 20, 2017
Page 5
Exhibit A
Location Map
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Environmental resources
FINAL REPORT
TO: Jeff Johnson, Planning & Development Services Department
THROUGH: Amy Griffin, Environmental Resources Director
FROM: Ben Balcer, Environmental Regulations Manager
DATE: June 27, 2017
SUBJECT: Northside Learning Center Conditional Use
CU-620175148
Background
The Environmental Resources Department (ERD) has completed a site visit and review of the June 17, 2017
Planning and Development Services’ date-stamped submittal. The applicant is requesting approval of a
conditional use in order to operate a learning center within the existing church facility. The applicant is not
proposing any new construction on the +/- 5.75 acre parcel and will have up to fifty (50) students. The subject
property is located approximately a quarter (1/4) mile west of N 25th Street, on the north side of St. Lucie
Boulevard. Although no new construction is proposed, the parcel does contain intact native pine flatwoods
habitat and is adjacent to the US Fish and Wildlife Services’ Scrub Jay consultation area.
Findings
ERD’s evaluation finds no negative environmental impacts with the proposed Conditional Use. A condition of
approval has been included requiring onsite landscaping be brought into compliance with Land Development
Code 7.09.04.A and the removal of all Category I Invasive vegetation.
Conditions of Approval
1) Within 90 days of Conditional Use approval, the applicant shall install a native hedge, within the 15-foot
landscape buffer along the St. Lucie Boulevard right-of-way, in order to bring the site into compliance with
Land Development Code 7.09.04.A.
3) Within 180 days of Conditional Use approval, all Category I listed invasive species, including but not
limited to Brazilian pepper trees, shall be eradicated from the parcel. Removal of Vegetation shall not
occur within scrub jay nesting season, which runs from March through June.
2) The issuance of County development permit does not in any way create any rights on the part of the
applicant to obtain a permit from a state or federal agency and does not create any liability on the part of
the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state
or federal agency or undertakes actions that result in a violation of state or federal law.
3) All other applicable state or federal permits must be obtained before commencement of the development.
Please contact Ben Balcer at 772-462-2526 if you have any questions or would like to meet regarding the details
of these requirements.
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ITEM NO. (ID # 4490)
DATE: 07/20/2017
AGENDA REQUEST *PUBLIC HEARINGS
QUASI-JUDICIAL
BACKGROUND:
This petition is for a request for a change in Zoning from AG-1 (Agricultural - 1du/ac) to IX (Industrial,
Extraction) to allow for the continued use of the subject property as access to the mining operation
located on the adjoining property under the same ownership. The subject parcel consists of 4.87 acres
located on the north side of Access Road, approximately 3/4 of a mile north of Orange Avenue.
The subject parcel, in conjunction with the adjacent 25-acre parcel to the west, was utilized for a sand
mining operation known as Baggett Mine. Both parcels are currently owned by the applicant. The lake
created as part of the mining operation extends slightly into the western side of the subject parcel.
Staff has determined that this petition is consistent with the goals, objectives, and policies of the St. Lucie
County Comprehensive Plan and conforms to the standards of review as set forth in Section 11.06.03 of
the St. Lucie County Land Development Code. A full analysis of the standards of review can be found in
the attached memo to the Planning and Zoning Commission, dated July 20, 2017.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the amending Resolution be forwarded to the Board of County Commissioners
with a recommendation for approval.
COMMISSION ACTION:
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Linda Pendarvis, Planner
SUBMITTED BY: Planning Division
SUBJECT: Resolution - Rock Pit Lake Rezoning from the AG-1 (Agricultural - 1 du/ac)
to the IX (Industrial, Extraction) zoning district.
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Updated: 6/29/2017 8:41 AM by Linda Pendarvis Page 2
Coordination/Signatures
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Planning & Zoning Commission
Planning Division Agenda Item Summary
Applicant
Rock Road Holdings, LLC
2401 PGA Blvd, Suite 200
Palm Beach Gardens, FL
33410
Agent
HDR Engineering, Inc.
Brenda Clark
3250 West Commercial Boule-
vard, Suite 100
Fort Lauderdale, FL 33309
File Number
RZ-602175141
Existing Zoning
AG-1 (Agricultural, 1 du/ac)
Proposed Zoning
IX (Industrial, Extraction)
Staff Recommendation
Forward this petition to the
Board of County Commission-
ers with a recommendation for
approval.
Project Manager
Linda Pendarvis
Comprehensive Planning
Coordinator
(772) 462-1562
pendarvisl@stlucieco.org
Rock Pit Lake
Amendment to the Official Zoning Atlas
Project Description
The applicant have requested a
change in zoning from the AG-1
(Agricultural-1 du/ac) Zoning Dis-
trict to the IX (Industrial, Extrac-
tion) Zoning District for an 4.87
acre parcel located at 1100 Ac-
cess Road. The purpose of the
request is to allow the continued
use of the subject property for
access to the existing mining op-
eration located on the adjoining
property to the west under the
same ownership.
Background
The subject parcel, in conjunction
with the adjacent 25-acre parcel
to the west, was utilized for a
sand mining operation known as
Baggett Mine. Both parcels are
currently owned by the applicant.
The lake created as part of the
mining operation extends slightly
into the western side of the sub-
ject parcel.
Previous Action
None
.
Notice Requirements
Public hearing notice was placed
in the St. Lucie News Tribune,
letters sent to property owners
within 500 feet of the subject
property, and a sign placed on
the property.
Further details are found in the
attached staff report.
Hearing Date:
Thursday
July 20, 2017
Project Location: 1100 Access Road, north side of Access Road, ap-
proximately 1,500 feet west of North Rock Road.
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Planning and Development
Services Department
Planning Division
M E M O R A N D U M
TO: Planning and Zoning Commission
THROUGH: Leslie Olson, AICP, Planning & Development Services Director
Bonnie C. Landry, AICP, Planning Manager
FROM:
Linda Pendarvis, Comprehensive Planning Coordinator
DATE: July 20, 2017
SUBJECT: Rock Pit Lake Rezoning
This petition submitted on behalf of Rock Road Holdings, LLC is for an Amendment to the
Official Zoning Atlas for rezoning a 4.87 acre parcel from AG-1 (Agricultural – 1 du/ac) to IX
(Industrial, Extraction) Zoning District. This rezoning will allow the subject property use to
continue as the ingress and egress to the existing mine located on the adjoining property to
the west and to be used as the staging area for reclamation of the mine. Both parcels are
currently owned by the applicant. The lake created as part of the mining operation extends
slightly into the western side of the subject parcel. The property owners wants to continue the
use of the subject property for the reclamation of the mine.
BACKGROUND:
The subject parcel, in conjunction with the adjacent 25-acre parcel to the west, was utilized for
a sand mining operation known as Baggett Mine. The Baggett Mine Permit is a Class 1, six
year permit that was issued in March 2001. The mining operations expired but the mining
permit was not closed because the reclamation requirements were not satisfied. The operation
plan of the proposed reclamation will fill the lake using “clean debris” which includes concrete
as defined by Chapter 403.703(4) FS. This will replace the original reclamation plan of littoral
shelf sloping of the lake banks and plantings. Thus a modification of the mining permit is
required from the applicant.
Applicant/Owner: Rock Road Holdings, LLC
2401 PGA Blvd, Suite 200
Palm Beach Gardens, FL 33410
Agent: HDR Engineering, Inc.
Brenda Clark
3250 West Commercial Boulevard, Suite 100
Fort Lauderdale, FL 33309
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Planning & Zoning Commission
Rock Pit Lake Rezoning
July 20, 2017
Page 2
Parcel ID # 2302-321-0020-000/5
Location: 1100 Access Road, North side of Access Road, approximately 1,600 feet
west of North Rock Road, north of Orange Avenue
Existing Zoning: AG-1 (Agricultural – 1 du/ac)
Proposed Zoning: IX (Industrial, Extraction)
Parcel Size: 4.87 acres
SURROUNDING PROPERTY:
Standards of Review as Set Forth in Section 11.06.03,
St. Lucie County Land Development Code
In reviewing this application for a proposed amendment to the Official Zoning Atlas, the
Planning and Zoning Commission shall consider and make the following determinations:
1. Whether the proposed amendment is in conflict with any applicable portions
of this Code;
The proposed rezoning from AG-1 (Agricultural – 1 du/ac) to IX (Industrial, Extraction)
is consistent with the St. Lucie County Land Development Code. In conjunction with
the 25-acre parcel to the west owned by Rock Road Holdings, LLC, the subject
property meets the required lot size and dimensional requirements of the Land
Development Code.
The petition site and the adjacent parcel owned by the applicant were previously
utilized for a mining operation. The applicant is working with the County Engineer to
identify outstanding issues and to allow for reclamation activities.
Location
Future Land Use
Zoning
Existing Land Use
Adjacent
Parcels
North Interstate 95
South MXD – Lucie Rock
Mixed Use Activity Area
IL – Industrial, Light St. Lucie Commerce
Center (fka Lucie
Rock)
East MXD – Lucie Rock
Mixed Use Activity Area
IH – Industrial, Heavy St. Lucie Commerce
Center (fka Lucie
Rock)
West RS (Residential,
Suburban)
IX – Industrial, Extraction Baggett Mine
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Planning & Zoning Commission
Rock Pit Lake Rezoning
July 20, 2017
Page 3
2. Whether the proposed amendment is consistent with all elements of the St.
Lucie County Comprehensive Plan.
The proposed change in zoning is consistent with all elements of the St. Lucie County
Comprehensive Plan. The Industrial, Extraction (IX) Zoning District is compatible
with the Residential, Suburban (RS) Future Land Use.
Comprehensive Plan Policy 1.1.9.11 – Requires that extraction activities for natural
resources be permitted where compatible with existing and proposed land uses. This
rezoning will permit the subject property existing land use to be conforming to the
current activity on the property as well as the adjacent property to the west.
3. Whether and the extent to which the proposed amendment is inconsistent with
existing and proposed land uses;
The proposed amendment will allow consistency with existing mine land use on the
subject property with the adjoining property to the west.
4. Whether there have been changed conditions that require an amendment;
Conditions have not changed as to require an amendment. This rezoning will permit
the existing use to continue and be in conformance with the Land Development Code.
5. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether or to the extent to which the
proposed amendment would exceed the capacity of such public facilities,
including but not limited to transportation facilities, sewage facilities, water
supply, parks, drainage, schools, solid waste, mass transit and emergency
medical facilities;
The current and intended use for this rezoning will not create additional demands on
any public facilities in this area.
6. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment;
Environmental impacts for this parcel will be assessed through the concurrent mining
permit modification request. The Environmental Resource Department will conduct
further review to ensure compliance with the Land Development Code during the
mining permit modification and reclamation review process.
The proposed amendment is not expected to create adverse impacts on the natural
environment. Any future development of this site will be required to comply with all
state and local environmental regulations.
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Planning & Zoning Commission
Rock Pit Lake Rezoning
July 20, 2017
Page 4
7. Whether and the extent to which the proposed amendment would adversely
affect the property values in the area;
The proposed amendment would not adversely affect the property values in the area.
8. Whether and the extent to which the proposed amendment would result in an
orderly and logical development pattern, specifically identifying any negative
effects on such pattern;
An orderly and logical development pattern will occur with is change in zoning. The
general existing use surrounding the property is mining and agricultural.
9. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and interest of this Code; and
The proposed amendment would not be in conflict with the public interest and is in
harmony with the purpose and intent of this Code.
10. 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
SUMMARY
Staff’s analysis indicates that overall the proposed IX zoning district in this area is
consistent with the St. Lucie County Comprehensive Plan and is not in conflict with the
County’s Land Development Code. The requested change to IX is compatible with
zoning and uses in the surrounding area, due to the outstanding issues pertaining to the
expired mining operation staff support the request. The County’s Public Works and
Environmental Resources Department have been working with the applicant to resolve
the outstanding issues related with the expired mine.
RECOMMENDATION:
Forward this petition to the Board of County Commissioners with a recommendation for
approval.
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Planning & Zoning Commission
Rock Pit Lake Rezoning
July 20, 2017
Page 5
Suggested motion to recommend approval/denial of this requested conditional use.
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE
THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE
COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE PETITION OF ROCK
ROAD HOLDINGS, LLC TO AMEND THE OFFICIAL ZONING ATLAS FROM AG-1
(AGRICULTURAL – DU/ACRE) TO IX (INDUSTRIAL, EXTRACTION), BECAUSE...
[LIST CONDITION(S)]
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE
THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE
COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPROVAL OF THE PETITION OF
ROCK ROAD HOLDINGS, LLC, TO AMEND THE OFFICIAL ZONING ATLAS FROM AG-1
(AGRICULTURAL – 1 DU/ACRE) TO IX (INDUSTRIAL, EXTRACTION) BECAUSE...
[CITE REASON(S) WHY - PLEASE BE SPECIFIC]
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Resolution No. XXX File No.: RZ 420124421
Page 1 September 5, 2017
RESOLUTION TBD
File No.: RZ 620175141
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL
ZONING ATLAS FROM THE AG-1 (AGRICULTURAL – 1 DU/AC)
ZONING DISTRICT TO THE IX (INDUSTRIAL, EXTRACTION) ZONING
DISTRICT FOR 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. Rock Road Holdings, LLC petitioned for an amendment to the Official Zoning
Atlas to change the zoning from the AG-1 (Agricultural – 1 du/ac) Zoning District
to the IX (Industrial, Extraction) Zoning District in St. Lucie County, Florida, for
the property legally described in Paragraph “A” and depicted on the attached
map as Exhibit “A”.
2. 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 staff report dated July 20, 2017, entitled Rock Pit Lake
Rezoning.
3. On July 20, 2017, the St. Lucie County Planning and Zoning Commission held a
public hearing on the petition, after publishing notice in the St. Lucie News
Tribune at least 10 days prior to the hearing and notifying by mail all owners of
property within 500 feet of the subject property, recommended that the Board of
County Commissioners approve/deny the amendment to the Official Zoning Atlas
from the AG-1 (Agricultural – 1 du/ac) Zoning District to the IX (Industrial,
Extraction) Zoning District.
4. On September 5, 2017, the Board of County Commissioners of St. Lucie County
held a public hearing of which due notice was published in the St. Lucie News
Tribune and notifying by mail all owners of property within 500 feet of the subject
property.
5. The proposed change in zoning satisfies the requirements of Section 11.06.03 of
the St. Lucie County Land Development Code as outlined in the Planning and
Zoning Commission staff report dated July 20, 2017 and is consistent with the
goals, objectives, and policies of the St. Lucie County Comprehensive Plan. .
6. The proposed change in zoning is consistent with the existing and proposed uses
in the surrounding area.
4.B.d
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Resolution No. XXX File No.: RZ 420124421
Page 2 September 5, 2017
7. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as
Exhibit “B” was signed by the applicant on the 26th day of May, 2017.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. The proposed amendment to the Official Zoning Atlas from the AG-1 (Agricultural
– 1 du/ac) Zoning District to the IX (Industrial, Extraction) Zoning District for the
property owned by Rock Road Holdings, LLC and described below is hereby
approved/denied.
LEGAL DESCRIPTION:
SITE ACERAGE: 4.87 acres (more or less)
PARCEL ID NUMBERS: 2302-321-0020-000/5
B. The St. Lucie County Planning and Development Services Director is hereby
authorized and directed to cause the notation of this resolution to be made on the
Official Zoning Atlas of St. Lucie County, Florida, and to make notation of
reference to the date of adoption of this Resolution.
C. This Resolution shall be recorded in the Public Records.
D. After motion and second, the vote on this Resolution was as follows:
Chris Dzadovsky, Chairman XXX
Tod Mowery, Vice-Chairman XXX
Commissioner Linda Bartz XXX
Commissioner Frannie Hutchinson XXX
Commissioner Cathy Townsend XXX
4.B.d
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Resolution No. XXX File No.: RZ 420124421
Page 3 September 5, 2017
PASSED AND DULY ADOPTED this 5th day of September, 2017.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOIRDA
BY
Chairman
ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
______________ _____________________
DEPUTY CLERK COUNTY ATTORNEY
4.B.d
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Resolution No. XXX File No.: RZ 420124421
Page 4 September 5, 2017
Exhibit A
Site Location Map
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Resolution No. XXX File No.: RZ 420124421
Page 5 September 5, 2017
Exhibit B
Concurrency Deferral Affidavit
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ITEM NO. (ID # 4508)
DATE: 07/20/2017
AGENDA REQUEST *PUBLIC HEARINGS
LEGISLATIVE
BACKGROUND:
Michael McCarty, with McCarty and Associates Land Planning and Design, submitted a petition to add
"mobile homes" as a permitted housing type within the Agricultural Labor Housing Section 7.10.08 of the
Land Development Code. Agricultural Labor Housing is listed as a Conditional Use in the Agricultural, 5
(AG-5), Agricultural, 2.5 (AG-2.5) and Agricultural, 1 (AG-1) Zoning Districts.
The Ordinance adopted in April 18, 2017 allows for duplexes and multiple family dwellings as the
permitted housing type. The proposed amendment to include mobile homes as another housing type is
consistent with Florida Administrative Code Chapter 64E-14 governing migrant labor camps.
PREVIOUS ACTION:
April 18, 2017, the Board of County Commissioners adopted supplemental standards for Agricultural
Labor Housing.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the proposed text amendment to the Land Development Code be forwarded to
the Board of County Commissioners with a recommendation for approval.
COMMISSION ACTION:
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Linda Pendarvis, Planner
SUBMITTED BY: Planning Division
SUBJECT: Ordinance - Agricultural Labor Housing Text Amendment
4.C
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Updated: 6/29/2017 10:21 AM by Linda Pendarvis Page 2
Coordination/Signatures
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Planning and Development
Services Department
Planning Division
M E M O R A N D U M
TO: Planning and Zoning Commission
THROUGH: Leslie Olson, AICP, Planning & Development Services Director
Bonnie C. Landry, AICP, Planning Manager
FROM: Linda Pendarvis, Comprehensive Planning Coordinator
DATE: July 20, 2017
SUBJECT: Text Amendment to the Land Development Code-Agricultural Labor Housing
This is a petition submitted by Michael McCarty, with McCarty and Associates Land Planning
and Design to request a Text Amendment to the Land Development Code (LDC) that will add
“mobile homes” as an allowed housing type in Section 7.10.08(B) Agricultural Labor Housing
Supplemental Standards.
Background:
April 18, 2017, the Board of County Commissioners adopted supplemental standards for
Agricultural Labor Housing. The supplemental standards included two types of housing;
duplexes and multiple-family dwellings. The proposed text amendment is to add “mobile
homes” as a housing type under Section 7.10.08(B) of the Land Development Code.
STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.06.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for a text amendment to the Land Development Code, the Planning
and Zoning Commission and the Board of County Commissioners shall consider and make the
following determinations:
1. Whether the proposed amendment is in conflict with any applicable portions of the
St. Lucie County Comprehensive Plan and/or the Land Development Code;
The proposed text amendment to the Land Development Code is consistent with the
Comprehensive Plan and is internally consistent with the remainder of the Land Development
Code.
The following Comprehensive Plan Objective 3.1.1 support the proposed text amendment:
The County shall ensure the creation and/or preservation of affordable housing for all current
and anticipated future residents of the jurisdiction, and households with special housing needs
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Planning and Zoning Commission
Agricultural Labor Housing
July 20, 2017
Page 2
including rural and farmworker housing, workforce housing as well as adequate site and
distribution of housing for very-low-income, low-income and moderate-income households.
Agricultural Labor Housing is listed under Conditional Uses within the AG-1 (Agricultural-1), AG-
2.5 (Agricultural-2.5) and AG-5 (Agricultural-5) Zoning Districts. Therefore request for
Agricultural Labor Housing will be subject to the Standards of Review of Conditional Use Permits
Section 11.07.03.
2. Whether and the extent to which the proposed amendment is inconsistent with the
existing and proposed land uses;
The proposed text amendment to the Land Development Code is not site specific but applies to
the County at large and if approved, a Conditional Use Application and Site Plan must be
approved by the Board of County Commissioners. The Conditional Use process ensures that
any proposed farmworker housing will be reviewed in context to the surrounding neighborhood
through review of the location, design, intensity, configuration, and public facility impact in order
to determine the appropriateness of the use and their compatibility with adjacent uses.
3. Whether there have been changed conditions that require an amendment;
Conditions have not changed as to require an amendment. The applicant’s request is to allow
for mobile homes as an additional housing type for migrant labor camps to be consistent with
the Department of Health Florida Administrative Code Chapter 64E-14.
4. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether or to the extent to which the proposed
amendment would exceed the capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid
waste, mass transit, and emergency medical facilities;
Site specific facility impacts will be addressed at the time of the Conditional Use and Site Plan
application. All development is required to adhere to Land Development Code Section 11.07.03
- Standards of Review of Conditional Use Permits and Section 11.02.00 Procedure for Site Plan
Review.
5. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment;
Site specific environmental impacts will be addressed at the time of the Conditional Use
application. All development is required to adhere to current environmental resource protection
standards.
6. Whether and the extent to which the proposed amendment would adversely affect
the property values in the area;
Site specific neighborhood impacts will be addressed at the time of Conditional Use and Site Plan
application.
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Planning and Zoning Commission
Agricultural Labor Housing
July 20, 2017
Page 3
7. Whether and the extent to which the proposed amendment would result in an
orderly and logical development pattern specifically identifying any negative effects of
such patterns;
Site specific effects of a proposed change to existing development patterns will be addressed at
the time of Conditional Use and Site Plan application. The proposed amendment is limited to
agriculturally classified land and is specifically geared towards supporting the operations of
agricultural uses.
8. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent of this code;
The proposed amendment is in keeping with the public interest and is in harmony with the
purpose and intent of this code by furthering Comprehensive Plan Objectives that speak to
special housing needs for farmworkers. Any potential conflict with public interests associated
with a site-specific request can be addressed through the associated Conditional Use and Site
Plan process.
9. Any other matters that may be deemed appropriate by the Planning and Zoning
Commission or the Board of County Commissioners, in review and consideration of the
proposed amendment.
The Planning and Zoning Commission and the Board of County Commissioners may raise other
matters regarding the proposed amendment to the text of the Land Development Code.
Analysis Summary:
Based upon staff analysis contained in this memorandum, the proposed text amendment to the
Land Development Code is internally consistent with the Land Development Code and the St.
Lucie County Comprehensive Plan. The proposed amendments have the potential to support
agricultural operations to provide housing for farmworkers, which furthers Comprehensive Plan
Objective 3.1.1.
Recommendation:
Staff recommends that the proposed text amendment to the Land Development Code be
forwarded to the Board of County Commissioners with a recommendation for approval.
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Planning and Zoning Commission
Agricultural Labor Housing
July 20, 2017
Page 4
Suggested motion to recommend approval/denial of this requested conditional use.
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE
THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE
COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE TEXT
AMENDMENT TO THE LAND DEVELOPMENT CODE BY AMENDING AGRICULTURAL
LABOR HOUSING SECTION 7.10.08(B) TO INCLUDE MOBILE HOMES, BECAUSE...
[LIST CONDITION(S)]
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE
THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE
COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE TEXT AMENDMENT TO THE
LAND DEVELOPMENT CODE BY AMENDING AGRICULTURAL LABOR HOUSING SECTION
7.10.08(B) TO INCLUDE MOBILE HOMES, BECAUSE...
[CITE REASON(S) WHY - PLEASE BE SPECIFIC]
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ORDINANCE TBD
FILE NO.: TLDC 620175147
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE
BY AMENDING SECTION 7.10.08(B) AGRICULTURAL LABOR HOUSING
TYPES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING
WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board)
based on the testimony and evidence, including but not limited to the staff report, has
made the following determinations:
1. On August 1, 1990, the Board of County Commissioners of St. Lucie County,
Florida, adopted the St. Lucie County Land Development Code.
2. On April 18, 2017, the Board of County Commissioners adopted Agricultural
Labor Housing Supplemental Standards through Ordinance 2017-004.
3. On July 20, 2017, the Planning and Zoning Commission held a public
hearing on the proposed ordinance after publishing notice in the St. Lucie
News Tribune at least 10 days prior to the hearing and recommended to the
Board of County Commissioners that the proposed ordinance be
(denied/approved).
4. On ________, 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 10 days prior to the hearing.
5. On ________, 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 10 days prior to the hearing.
6. The proposed amendments to the St. Lucie County Land Development Code
are consistent with the general purpose, goals, objectives and standards of the
St. Lucie County Comprehensive Plan and are in the best interest of the health
safety and public welfare of the citizens of St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County,
Florida:
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PART A.
The specific amendment to the St. Lucie County Land Development Code to read as follows in
underline format:
7.10.08 AGRICULTURAL LABOR HOUSING
B. Housing types.
These standards apply to the following housing types as agricultural labor housing, either as principal
buildings or accessory buildings in the AG-1, AG-2.5 and AG-5 Zoning Districts.
1. Duplexes
2. Multiple-family dwellings
3. Mobile Homes
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. 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 F. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
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PART H. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chris Dzadovsky, Chair XXX
Tod Mowery, Vice-Chair XXX
Frannie Hutchinson, Commissioner XXX
Linda Bartz, Commissioner XXX
Cathy Townsend, Commissioner XXX
PART I. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code,
and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the
sections of this ordinance may be renumbered or relettered to accomplish such intention; provided,
however, that Parts B through I shall not be codified.
PASSED AND DULY ENACTED this XX day of XX, 2017.
Attest: Board of County Commissioners
St. Lucie County, Florida
By:
Deputy Clerk Chairman
Approved As To Form
and Correctness:
By:
County Attorney
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ITEM NO. (ID # 4496)
DATE: 07/20/2017
AGENDA REQUEST *PUBLIC HEARINGS
BACKGROUND:
With the proliferation of wireless devices, growing consumer demand for better connectivity and the
potential deployment of next-generation wireless broadband, comes increased deployment of towers,
distributed antenna systems, small cells and other new technologies. Because of the cost of site selection
and placement on private properties, some of these companies are pursuing their deployments (i.e.
construction of towers and placing equipment on them) in public rights of ways.
In 2008, St. Lucie County enacted a comprehensive telecommunications tower siting ordinance. In
January 2009, the Board approved Ordinance No. 09-003, which revised the minimum separation
requirements for towers. In 2016, St. Lucie County received several applications for rights of way permits
to place small cells and other equipment in St. Lucie County rights of way. On December 20, 2016, the
Board adopted Ordinance No. 16-022, which postponed the acceptance of applications for, or the
approval of, permits or development orders for wireless communications facilities within rights of way.
On April 4, 2017, the Board approved permission to advertise a proposed ordinance amending Section
7.10.23 Wireless Telecommunication Towers and Antennas of St. Lucie County Land Development Code.
The intent was to reduce the separation requirements. On April 20, 2017, the Federal Communications
Commission (FCC) adopted two Notices of Proposed Rulemakings and Notices of Inquiry (“NPRMs”). In
the NPRMs, the FCC examines regulatory impediments to wireless infrastructure investment and
deployment and proposes measures to help remove or reduce such impediments. Comments in both
proceedings were due June 15, 2017, and replies are due July 17, 2017. On October 17, 2014, the FCC
adopted an Order pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012,
which provides regulations on local governments’ processing and approval of certain requests to collocate
equipment on existing wireless towers and base stations.
Florida CS/CS/HB 687 is a bill that creates the Advanced Wireless Infrastructure Deployment Act, which
provides for the collocation of small cell wireless facilities on an authority's utility poles and access to the
public rights of way for wireless communications infrastructure. An authority is a county or municipality
having jurisdiction or control of the rights-of-way or any public road. An authority may adopt, by
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Katherine Barbieri, Asst. County Attorney
SUBMITTED BY: County Attorney
SUBJECT: Postponement of the Placement of Wireless Communication Facilities
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Updated: 7/17/2017 12:04 PM by Bonnie Landry Page 2
ordinance, reasonable and nondiscriminatory provisions for registration, permitting, insurance coverage,
indemnification, performance bonds, security funds, abandonment and liability. CS/CS/HB 687 is enrolled
and pending action by the Governor. The Bill also mandates that local governments take action to
implement provisions of the Bill, including establishing fees for collocation and provides that applications
for such facilities may be subject to local codes.
On May 25, 2017, St. Lucie County engaged Gary L. Resnick, Esq. to represent the County with respect to
amendments to the county code regarding wireless communication facilities and pre-emptions from the
federal and state levels of government. On or about June 6, 2017, county staff pulled the proposed
amendment to Section 7.10.23 Wireless Telecommunication Towers and Antennas of the St. Lucie County
Land Development Code. Mr. Resnick has recommended a comprehensive revision of St. Lucie County
code to reflect all federal and state law changes and to consider revisions to address new technologies.
A postponement is a temporary halt to certain development activities established for the purpose of
giving a local government time to plan, consider, review, adopt and to revise its development regulations.
The Board is authorized by Chapter 125, Florida Statutes, to adopt any ordinance necessary for the
exercise of its powers. One purpose of this postponement is to prepare and to consider appropriate
amendments to the code that would be consistent with FCC regulations and revisions to Florida law.
PREVIOUS ACTION:
Staff previously received permission to advertise a proposed ordinance with amendments to the Land
Development Code regarding telecommunications towers and antennas before the Local Planning Agency
and two (2) public hearings before the Board of County Commissioners at their April 4, 2017 regular
meeting. The public hearing was held before the Planning and Zoning Commission on April 20, 2017. The
P&Z Commission recommended denial by a vote of 5 to 3. The first public hearing was held on May 16,
2007. At the second public hearing, scheduled for June 6, 2017, the agenda item was pulled.
On July 5, 2017, the Board of County Commissioners granted permission to advertise a proposed
ordinance postponing the placement of wireless telecommunications facilities.
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:
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Updated: 7/17/2017 12:04 PM by Bonnie Landry Page 3
Coordination/Signatures
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ST. LUCIE COUNTY
PLANNING AND ZONING
COMMISSION
PUBLIC HEARING
AGENDA
JULY 209 2017
NOTICE OF PROPOSED TEXT AMENDMENT TO LAND DEVELOP-
MENT CODE
rhe St. Lucie County Planning and Zoning Commission is
scheduled to review and make recommendations regarding
the following item proposed for adoption by the Board ofCountyCommissionersofSt. Lucie County, Florida, by ordi-
nance:
ORDINANCE
AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA (THE "COUN-
TY"), PROVIDING FOR POSTPONEMENT ON THE ACCEPTANCE
OF APPLICATIONS FOR, OR THE APPROVAL OF, PERMITS ORDEVELOPMENTORDERSFORCERTAINWIRELESSCOMMUNI-
CATIONS FACILITIES DURING A SPECIFIED TERM; PROVIDING
FOR WAIVER, VESTED RIGHTS, APPEALS, EXHAUSTION OF
ADMINISTRATIVE REMEDIES; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDINGFORFILINGWITHTHEDEPARTMENTOFSTATE; PROVIDING
FOR AN EFFECTIVE DATE AND ADOPTION
T: Board of County Commissioners
PURPOSE: Providing for postponement on the acceptance ofapplicationsfor, or the approval of, permits or development
orders for certain wireless communications facilities during
a specified term.
LOCATION: Unincorporated St. Lucie County
The Planning and Zoning Commission PUBLIC HEARING on thisitemwillbeheldintheCommissionChambers, Roger Poitras
Annex, 3rd Floor, St. Lucie County Administration Building,
2300 Virginia Avenue, Fort Pierce, Florida on Thursday, July
20, 2017 beginning at 6:00 pm or as soon thereafter as pos-
sible.
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 PlanningandDevelopmentServicesDepartment - Planning Division atleast3dayspriortothescheduledhearing. The petition fileisavailableforreviewatthePlanningandDevelopmentSer-
vices Department - Planning Offices located at 2300 VirginiaAvenue, 2nd Floor, Fort Pierce, Florida, during regular busi-
ness 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 hasthepowertoreviewandrecommendtotheSt. Lucie CountyBoardofCountyCommissioners, for approval or disapproval,
any applications within their area of responsibility.
The proceedings of the Planning and Zoning Commission areelectronicallyrecorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any deci-
sion made by the Planning and Zoning Commission withrespecttoanymatterconsideredatameetingorhearing, 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 tes- timony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individualstestifyingduringahearingwillbeswornin. Any party to theproceedingwillbegrantedanopportunitytocross-examineanyindividualtestifyingduringahearinguponrequest. If itbecomesnecessary, a public hearing may be continued to a
date certain.
Anyone with a disability requiring accommodation to attendthismeetingshouldcontacttheSt. Lucie County Risk Manag- er at least forty-eight (48) hours prior to the meeting at (772)
462-1546 or T.D.D. (772) 462-1428.
PLANNING AND ZONING COMMISSION/
LOCAL PLANNING AGENCY
ST. LUCIE COUNTY, FLORIDA
WILLIAM O'DELL, CHAIRMAN
Pub: July 7, 2017
TCN 1661769
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ORDINANCE
AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA (THE "COUNTY"),
PROVIDING FOR POSTPONEMENT ON THE ACCEPTANCE OF
APPLICATIONS FOR, OR THE APPROVAL OF, PERMITS OR
DEVELOPMENT ORDERS FOR CERTAIN WIRELESS
COMMUNICATIONS 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, pursuant to Section 125.01, Florida Statutes, the Board of County
Commissioners is authorized to adopt ordinances necessary for the exercise of its powers; and
WHEREAS, the Board of County Commissioners ("Board") has adopted the St. Lucie
County Comprehensive Plan within which are included goals, objectives, and policies related to
zoning and land development; and
WHEREAS, Chapter 163, Part II, Florida Statutes, requires the implementation of these
goals, objectives and policies through the adoption of consistent Land Development Regulations;
and
WHEREAS, the Federal Communications Commission has adopted two Notices of
Proposed Rulemakings/Notices of Inquiry addressing wireless infrastructure deployment in
public rights-of-way, and previously adopted an Order providing regulations that apply to local
governments' processing requests to collocate equipment on existing wireless towers and base
stations, pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012;
and
WHEREAS, CS/CS/HB 687 is a bill pending Governor action, which creates the Advanced
Wireless Infrastructure Deployment Act, that will regulate local government processing of
applications to construct certain wireless facilities in the public rights-of-way and to collocate
certain wireless facilities on government owned utility poles; and
WHEREAS, public rights-of-way have traditionally been utilized for, among other uses, the
placement of public and private utility systems and structures so as to facilitate the delivery of
utility services and maintenance of utility systems; and
WHEREAS, it is important to provide time to undertake a comprehensive review of the
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County's regulations of wireless communications facilities; and
WHEREAS, a postponement on application for, or approval of, any permits or
development orders for wireless communications facilities within public rights-of-way or on
private property, subject to applicable law, will maintain the status quo during the course of the
study and planning process; and
WHEREAS, the Board intends to limit the duration of this postponement to no more than
six (6) months with the ability to extend by ninety (90) days by Resolution; and
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 wireless communications facilities; and
WHEREAS, the Board finds that the regulation of wireless communications 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 finds it is in the best interest of the citizens of St. Lucie County to
adopt the proposed postponement; and
WHEREAS, the Board finds the proposed ordinance consistent with goals, objectives and
policies of the 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. For six (6) months following the adoption of this ordinance, or until an amendment
to the Land Development Code is approved or denied, whichever occurs first, except as required
by applicable law, no application for any permit or development order for a wireless
communications facility shall be accepted, nor shall any permit or development order be issued
for a wireless communications facility within the public right-of-way or on private property
except as provided in this Ordinance. Notwithstanding this provision, to fulfill the county's
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obligations to continue uninterrupted provision of public works, fire safety, law enforcement,
emergency management, emergency medical services, and county utilities, it is clarified that this
postponement will not apply to the construction, installation, maintenance and replacement of
wireless communications facilities within the public rights-of-way or on private property that are
strictly for governmental purposes. Notwithstanding the above, in the event the Board approves
an amendment to the Land Development Code, the postponement shall remain in effect until
such time as the amendment becomes effective. The Board may extend the term of this
Ordinance for up to an additional ninety (90) days by resolution, if the Board finds that the
extension is necessary and in the public's interest.
B. This ordinance shall not restrict, prohibit or otherwise prevent a property owner
from the reasonable use of their land or from developing their land in accordance with the St.
Lucie County Comprehensive Plan.
C. The adoption of this ordinance is undertaken by the County in good faith and is
intended to further the goals of the St. Lucie County Comprehensive Plan and Chapter 163,
Florida Statutes, and is not intended to discriminate against those landowners which may be
subject to this ordinance.
D. The limited duration of this postponement has been established in order to
accomplish appropriate planning for future development through the St. Lucie County
Comprehensive Plan amendment process as described in Chapter 163, Part II, Florida Statutes,
and the Comprehensive Plan.
E. "Wireless Communications Facility" means any equipment or facility used for the
transmission or reception of wireless communications and located in public rights-of-way or on
private property. This term includes but is not limited to wireless support structures, equipment
facilities, antennas, cabling, regular and backup power supplies, and comparable equipment,
regardless of technological configuration including DAS and small cell networks. For purposes
of this Ordinance, the term shall include communication towers and all wireless communications
facilities as defined in Section 365.172(3)(gg), Florida Statutes, or facilities to provide wireless
communication services as listed at https://www.tcc.gov/general/wireless-services.
F. "Governmental Purposes" means, but is not limited to public works, fire safety,
law enforcement, emergency management, emergency medical services or county utility
operations.
Section 3. TERM OF THIS ORDINANCE.
The County shall move forward expeditiously with the development, adoption,
and implementation of the Regulations concerning wireless communication facilities. This
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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 six (6) months 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 ninety (90) 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 Section 2, above, so that the applicant's application may be reviewed
without delay. In such cases, the Board shall consider the request for a waiver at a public
meeting, which shall be held within 45 days after the County receives the applicant's request. At
the public meeting, the applicant shall have the burden of demonstrating to the Board's
satisfaction that: (a) granting the applicant's request for a waiver will not detrimentally affect the
preparation and implementation of the Regulations; (b) the proposed project will be compatible
with surrounding land uses; and (c) the proposed project will not adversely affect the public
health, safety or welfare. If the applicant carries its burden of proof, the Board may grant a
waiver and thus allow the applicant's application to be submitted, reviewed and processed
concurrently with the Regulations. However, a development order shall not be issued for such
application until the necessary comprehensive plan amendments are in effect and the application
is found to be consistent with adopted land development regulations.
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.
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B. Any property owner claiming to have vested rights under this Section 5 must file
an application with the Board for a vested rights determination within 30 days after the effective
date of this Ordinance. The application shall be accompanied by a fee of $1,500.00 and shall
contain a sworn statement as to the facts upon which the vested rights are asserted, together
with any documentary evidence supporting the claim. The Board shall hold a public hearing on
the application and, based upon the evidence submitted, shall make a determination as to
whether or not the property owner has established vested rights. To the extent that a property
owner demonstrates vested rights, the prohibitions established in Section 2 of this Ordinance
shall not apply.
Section 6. APPEALS.
Any appeal from a final decision by the Board under Section 4 or Section 5 of this
Ordinance shall be pursued by filing a Petition for Certiorari in the Circuit Court of the 19th Judicial
Circuit, in and for St. Lucie County, in accordance with the Florida Rules of Appellate Procedure
for the review of the quasi-judicial rulings of local government agencies.
Section 7. EXHAUSTION OF ADMINISTRATIVE REMEDIES.
A property owner claiming that this Ordinance, as applied, constitutes or would
constitute a temporary or permanent taking of private property or an abrogation of vested rights
shall not pursue such claim in court unless he or she has first exhausted the administrative
remedies provided in this Ordinance.
Section 8. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of
St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this
ordinance are hereby superseded by this ordinance to the extent of such conflict.
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.
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Section 11. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to
the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee,
Florida 32304.
Section 12. EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
Section 13. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Commissioner Chris Dzadovsky, Chairman
Commissioner Tod Mowery, Vice Chairman
Commissioner Linda Bartz
Commissioner Frannie Hutchinson
Commissioner Cathy Townsend
PASSED AND DULY ADOPTED this
ATTEST:
Deputy Clerk
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day of 2017.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
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