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HomeMy WebLinkAboutAgenda Packet 07.20.2017 Generated 7/18/2017 8:01 AM 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 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, July 20, 2017 6:00 PM 3 | P a g e 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 4 | P a g e 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. Generated 6/21/2017 8:40 AM 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. 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 J u n 1 5 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, June 15, 2017 6:00 PM 2 | P a g e 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 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 J u n 1 5 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, June 15, 2017 6:00 PM 3 | P a g e 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. 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 J u n 1 5 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) 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 4.A Packet Pg. 8 Updated: 7/11/2017 5:46 PM by Leslie Olson Page 2 Coordination/Signatures 4.A Packet Pg. 9 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. 4.A.a Packet Pg. 10 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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. 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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. 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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. 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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] 4.A.c Packet Pg. 17 At t a c h m e n t 4 . A . c : M o t i o n ( 4 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) _______________________________ 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: 4.A.d Packet Pg. 18 At t a c h m e n t 4 . A . d : R e s o l u t i o n ( 4 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) _______________________________ 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. 4.A.d Packet Pg. 19 At t a c h m e n t 4 . A . d : R e s o l u t i o n ( 4 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) _______________________________ 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. 4.A.d Packet Pg. 20 At t a c h m e n t 4 . A . d : R e s o l u t i o n ( 4 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) _______________________________ 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 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) _______________________________ File No.: CU 620175148 Resolution 2017-XXX July 20, 2017 Page 5 Exhibit A Location Map 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 4.A.e Packet Pg. 23 At t a c h m e n t 4 . A . e : M a p S e t ( 4 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 4.A.e Packet Pg. 24 At t a c h m e n t 4 . A . e : M a p S e t ( 4 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 4.A.f Packet Pg. 28 At t a c h m e n t 4 . A . f : I n s t i t u t i o n a l Z o n i n g U s e s ( 4 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 4.A.f Packet Pg. 29 At t a c h m e n t 4 . A . f : I n s t i t u t i o n a l Z o n i n g U s e s ( 4 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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. 4.A.g Packet Pg. 30 At t a c h m e n t 4 . A . g : E R D F i n a l R e p o r t ( 4 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 4.A.h Packet Pg. 31 At t a c h m e n t 4 . A . h : N o t i f i c a t i o n s ( 4 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 4.A.h Packet Pg. 32 At t a c h m e n t 4 . A . h : N o t i f i c a t i o n s ( 4 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 4.A.h Packet Pg. 33 At t a c h m e n t 4 . A . h : N o t i f i c a t i o n s ( 4 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 4.A.h Packet Pg. 34 At t a c h m e n t 4 . A . h : N o t i f i c a t i o n s ( 4 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 4.A.h Packet Pg. 35 At t a c h m e n t 4 . A . h : N o t i f i c a t i o n s ( 4 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 4.A.i Packet Pg. 36 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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 5 1 1 : N o r t h s i d e W o r s h i p C e n t e r , I n c . - C o n d i t i o n a l U s e P e r m i t ) 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. 4.B Packet Pg. 50 Updated: 6/29/2017 8:41 AM by Linda Pendarvis Page 2 Coordination/Signatures 4.B Packet Pg. 51 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. 4.B.a Packet Pg. 52 At t a c h m e n t 4 . B . a : R o c k P i t L a k e P & Z A g e n d a S u m m a r y - P l a n n i n g D i v i s i o n ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 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 4.B.b Packet Pg. 53 At t a c h m e n t 4 . B . b : R o c k P i t L a k e P & Z S t a f f R e p o r t ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 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 4.B.b Packet Pg. 54 At t a c h m e n t 4 . B . b : R o c k P i t L a k e P & Z S t a f f R e p o r t ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 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. 4.B.b Packet Pg. 55 At t a c h m e n t 4 . B . b : R o c k P i t L a k e P & Z S t a f f R e p o r t ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 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. 4.B.b Packet Pg. 56 At t a c h m e n t 4 . B . b : R o c k P i t L a k e P & Z S t a f f R e p o r t ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 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] 4.B.b Packet Pg. 57 At t a c h m e n t 4 . B . b : R o c k P i t L a k e P & Z S t a f f R e p o r t ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.c Packet Pg. 58 At t a c h m e n t 4 . B . c : M a p s ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.c Packet Pg. 59 At t a c h m e n t 4 . B . c : M a p s ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.c Packet Pg. 60 At t a c h m e n t 4 . B . c : M a p s ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 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 Packet Pg. 61 At t a c h m e n t 4 . B . d : R o c k P i t L a k e R e s o l u t i o n ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 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 Packet Pg. 62 At t a c h m e n t 4 . B . d : R o c k P i t L a k e R e s o l u t i o n ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 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 Packet Pg. 63 At t a c h m e n t 4 . B . d : R o c k P i t L a k e R e s o l u t i o n ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) Resolution No. XXX File No.: RZ 420124421 Page 4 September 5, 2017 Exhibit A Site Location Map 4.B.d Packet Pg. 64 At t a c h m e n t 4 . B . d : R o c k P i t L a k e R e s o l u t i o n ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) Resolution No. XXX File No.: RZ 420124421 Page 5 September 5, 2017 Exhibit B Concurrency Deferral Affidavit 4.B.d Packet Pg. 65 At t a c h m e n t 4 . B . d : R o c k P i t L a k e R e s o l u t i o n ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.e Packet Pg. 66 At t a c h m e n t 4 . B . e : P u b l i c H e a r i n g N o t i c e ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.e Packet Pg. 67 At t a c h m e n t 4 . B . e : P u b l i c H e a r i n g N o t i c e ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.e Packet Pg. 68 At t a c h m e n t 4 . B . e : P u b l i c H e a r i n g N o t i c e ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 69 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 70 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 71 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 72 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 73 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 74 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 75 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 76 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 77 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 78 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 79 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 80 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 81 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 82 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 83 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 84 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 85 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 86 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 87 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 4.B.f Packet Pg. 88 At t a c h m e n t 4 . B . f : R o c k P i t L a k e A p p l i c a t i o n S u b m i t t a l ( 4 4 9 0 : R E S - R o c k P i t L a k e R e z o n i n g ) 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 Packet Pg. 89 Updated: 6/29/2017 10:21 AM by Linda Pendarvis Page 2 Coordination/Signatures 4.C Packet Pg. 90 4.C.a Packet Pg. 91 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 92 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 93 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 94 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 95 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 96 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 97 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 98 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 99 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 100 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 101 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 102 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 103 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 104 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 105 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 106 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 107 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 108 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 109 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 110 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 111 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 112 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 113 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 114 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 115 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 116 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 117 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 4.C.a Packet Pg. 118 At t a c h m e n t 4 . C . a : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t A p p l i c a t i o n ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 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 4.C.b Packet Pg. 119 At t a c h m e n t 4 . C . b : T e x t A m e n d m e n t S t a f f R e p o r t ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 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. 4.C.b Packet Pg. 120 At t a c h m e n t 4 . C . b : T e x t A m e n d m e n t S t a f f R e p o r t ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 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. 4.C.b Packet Pg. 121 At t a c h m e n t 4 . C . b : T e x t A m e n d m e n t S t a f f R e p o r t ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 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] 4.C.b Packet Pg. 122 At t a c h m e n t 4 . C . b : T e x t A m e n d m e n t S t a f f R e p o r t ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) Strikethrough = code being removed Underline = new code added 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: 4.C.c Packet Pg. 123 At t a c h m e n t 4 . C . c : O R D I N A N C E ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) Strikethrough = code being removed Underline = new code added 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. 4.C.c Packet Pg. 124 At t a c h m e n t 4 . C . c : O R D I N A N C E ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) Strikethrough = code being removed Underline = new code added 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 4.C.c Packet Pg. 125 At t a c h m e n t 4 . C . c : O R D I N A N C E ( 4 5 0 8 : A g r i c u l t u r a l L a b o r H o u s i n g T e x t A m e n d m e n t ) 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 4.D Packet Pg. 126 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: 4.D Packet Pg. 127 Updated: 7/17/2017 12:04 PM by Bonnie Landry Page 3 Coordination/Signatures 4.D Packet Pg. 128 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 4.D.a Packet Pg. 129 At t a c h m e n t 4 . D . a : P u b l i c H e a r i n g A d W i r e l e s s C o m m ( 4 4 9 6 : P o s t p o n e m e n t o f t h e P l a c e m e n t o f W i r e l e s s T e l e c o m m u n i c a t i o n s F a c i l i t i e s ) 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 i s/Atty/Ordinances/Wireless Telecommunications postponement June 12, 2017 4.D.b Packet Pg. 130 At t a c h m e n t 4 . D . b : W i r e l e s s C o m m u n i c a t i o n s F a c i l i t i e s ( 4 4 9 6 : P o s t p o n e m e n t o f t h e P l a c e m e n t o f W i r e l e s s T e l e c o m m u n i c a t i o n s F a c i l i t i e s ) 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 2 S/Atty/Ordinances/Wireless Telecommunications postponement June 12, 2017 4.D.b Packet Pg. 131 At t a c h m e n t 4 . D . b : W i r e l e s s C o m m u n i c a t i o n s F a c i l i t i e s ( 4 4 9 6 : P o s t p o n e m e n t o f t h e P l a c e m e n t o f W i r e l e s s T e l e c o m m u n i c a t i o n s F a c i l i t i e s ) 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 3 S/Atty/Ordinances/Wireless Telecommunications postponement June 12, 2017 4.D.b Packet Pg. 132 At t a c h m e n t 4 . D . b : W i r e l e s s C o m m u n i c a t i o n s F a c i l i t i e s ( 4 4 9 6 : P o s t p o n e m e n t o f t h e P l a c e m e n t o f W i r e l e s s T e l e c o m m u n i c a t i o n s F a c i l i t i e s ) 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. 4 S/Atty/Ordinances/Wireless Telecommunications postponement June 12, 2017 4.D.b Packet Pg. 133 At t a c h m e n t 4 . D . b : W i r e l e s s C o m m u n i c a t i o n s F a c i l i t i e s ( 4 4 9 6 : P o s t p o n e m e n t o f t h e P l a c e m e n t o f W i r e l e s s T e l e c o m m u n i c a t i o n s F a c i l i t i e s ) 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. 5 5/Atty/Ordinances/Wireless Telecommunications postponement June 12, 2017 4.D.b Packet Pg. 134 At t a c h m e n t 4 . D . b : W i r e l e s s C o m m u n i c a t i o n s F a c i l i t i e s ( 4 4 9 6 : P o s t p o n e m e n t o f t h e P l a c e m e n t o f W i r e l e s s T e l e c o m m u n i c a t i o n s F a c i l i t i e s ) 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 6 5/Atty/Ordinances/Wireless Telecommunications postponement June 12, 2017 day of 2017. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 4.D.b Packet Pg. 135 At t a c h m e n t 4 . D . b : W i r e l e s s C o m m u n i c a t i o n s F a c i l i t i e s ( 4 4 9 6 : P o s t p o n e m e n t o f t h e P l a c e m e n t o f W i r e l e s s T e l e c o m m u n i c a t i o n s F a c i l i t i e s )