Caldwell Building Deliverable #3 (Agreement # PO303) Estates - DEO Deliverable 3.pdf · Terrace;...

May 2, 2019 Mr. Scott Rogers Florida Department of Economic Opportunity Caldwell Building 107 E. Madison Street Tallahassee, Florida 32399 Subject: Wheeler Estates Community Planning Technical Assistance Grant

Deliverable #3 (Agreement # PO303)

Dear Mr. Rogers: Enclosed please find the following materials in satisfaction of the Deliverable #3 requirements for the above referenced project:

1) Agenda for the March 26, 2019 Board of County Commissioners (BoCC) meeting for transmittal of the Wheeler Estates Comprehensive Plan Amendments;

2) BoCC staff report and draft Comprehensive Plan Amendments in strike-through/underline format;

3) Minutes for March 26, 2019 BoCC meeting; 4) Agenda for the April 23, 2019 Board of County Commissioners (BoCC) meeting for public

hearing on the Wheeler Estates Land Development Code Amendments; 5) BoCC staff report and draft LDC Amendments in strike-through/underline format; 6) Proof of public notice/advertisements for the March 26th and April 23rd hearings; 7) Public notices mailed to affected property owners in Wheeler Estates Study Area; and 8) Correspondence from the Department of Economic Opportunity confirming receipt of the

transmitted amendments. 9) Correspondence from the Department of Economic Opportunity confirming no comments

on the transmitted amendments. Please do not hesitate to contact me directly if you require any further information at (239) 850-8525 or [email protected]. Sincerely, WALDROP ENGINEERING, P.A.

Alexis V. Crespo, AICP Senior Vice President - Planning

Cc: Margaret Emblidge, AICP, Hendry County

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An electronic version of this agenda and its contents are available at www.hendryfla.net

Emma J. Byrd Darrell Harris Mitchell Wills Michael Swindle Karson TurnerDistrict I District 2 District 3 District 4 District 5

HENDRY COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA

Tuesday, March 26, 2019 Regular Meeting, 5:00 p.m. Invocation County Commission ChambersPledge of Allegiance LaBelle, Florida

Notice for Public Comment: Public comment will be allowed at the time the agenda item is being considered. You will be allowed to speak for up to three minutes and only one time for each item provided a speaker request card is completed prior to the meeting. Be advised that the Board may take action on items not listed on the agenda. If this occurs, public comment will be received at the time the item is considered for up to three minutes provided that you raise your hand to indicate your desire to speak. Comment for non-agenda general discussion by members of the public will be allowed at the end of the regular agenda for up to one minute provided a speaker request card is completed prior to the meeting.

Please silence all electronic devices.

Pledge of Civility:We will be respectful of one another even when we disagree. We will direct all comments to the

issues. We will avoid personal attacks. “Politeness costs so little.” - Abraham Lincoln

I. BIDS

1. ITB 2019-11 - Approve the Community Development Block Grant rehabilitativebids for four homes to LaBelle Construction and Kallkell Builders.

II. CONSENT AGENDA

A. Clerk of Circuit Court

1. Payment of Bills

2. Approval of Minutes, BOCC meeting February 26, 2019

3. Option to Purchase Property

4. Budget Amendments

B. County Engineering

1. Easement Deed for Wheeler Road Located in the Wheeler Road MSBU

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2. Change Order #4 to Supplemental Task Authorization (STA) #5 with Johnson

Engineering, Inc. for the Construction of Helms Road Extension

3. Supplement Joint Participation Agreement to Rehabilitate the Apron at the

LaBelle Airport

4. Traffic Signal Maintenance and Compensation Agreement (Exhibit A)

C. County Administration

1. Contract for Tourism Promotion Services with F.J.H.S.R.A. - Wrangler forLaBelle Rodeo

2. Employee Appreciation Contract

D. Planning & Community Development

1. SHIP Annual Report and Local Housing Incentive Certification

E. County Attorney

1. Sale of 615 Bald Cypress Ave., Montura

2. Sale of 7621 17th Pl., Wheeler Estates

3. Sale of 7825 23rd Terr., Wheeler Estates

F. Grants and Special Projects

G. Emergency Medical Services

1. Request of Disposition of Obsolete items

III. AWARDS, APPEARANCES, AND PRESENTATIONS

IV. PUBLIC HEARINGS

A. Petition Number: SE18-0002 (Continued from February 26, 2019)Applicant: Green Waste Solution, LLC, represented by H. L.

Bennett, P.E., P.L.S., H.L. Bennett & Associates, Inc.Location: 600 Heritage Road, Felda, FL 33930 Parcel ID: 1-29-45-29-A00-0007.0000Project size: +/- 133.5 acres

Request: The applicant is requesting a Special Exception for the processing of horticultural waste for the production of top soil.

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B. Petition Number: CPA17-0002Applicant: Josue D. Rios, represented by John Jay

Watkins, EsquireLocation: 5240 W SR 80 & 5480 W SR 80, LaBelle, FL

33935Parcel ID: 1-28-43-28-A00-0003.0100 and 1-28-43-28-A00-

0003.0200Project size: +/- 16.81 acres

Request: The applicant is requesting to amend the Hendry County Comprehensive Plan Future Land Use Map by changing the future land use designation form Residential Rural Estates to Commercial on the subject property.

C. Petition Number: CPA19-0001Applicant: Hendry County Board of County Commissioners Location: Wheeler EstatesParcel ID: VariousProject size: +/- 1,933 acres

Request: The applicant is requesting to amend the Future Land Use Element Text and Map of the Hendry County Comprehensive Plan to create a new land use designation to be known as Wheeler Estates.

V. CORRESPONDENCE (Action)

VI. CORRESPONDENCE (FYI)

1. Correspondence – Project Update, Shane Parker, Public Works Director

VII. STAFF REPORTS

A. Jennifer Davis, County Administrator

1. Lot Mowing Liens Margaret Emblidge, Planning and Community

Development Director and Wanda Rota-Reina, Code Enforcement Officer

2. Code Enforcement Report Margaret Emblidge, Planning and Community

Development Director and Wanda Rota-Reina, Code Enforcement Officer

3. Hendry County Health Department: Chris-Tel Change Order No. 4 to STA

#1 Shane Parker, Public Works Director

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4. Hendry County Health Department: Chris-Tel Order No.5 to STA #1

5. Placeholder – Guaranteed Maximum Price with Chris – Tel Construction

for Non- Historic Courthouse Repairs, Shane Parker, P.E, Public Works

Director

B. Mark Lapp, County Attorney

VIII. HEARING OF THE PUBLIC

IX. REPORTS & OTHER BUSINESS

X. AGENDA ADDITIONS

XI. BUSINESS BY DISTRICT

ADJOURN BOARD OF COUNTY COMMISSIONERS MEETING

If a person decides to appeal any decision made by the Board with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

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Board of County Commissioners Agenda Request

Date of Meeting: March 26, 2019

Date Submitted: March 19, 2019

To: Honorable Chairman and Members of the Board

From: Margaret Emblidge, AICP, Planning and Community Development Director

Agenda Location: Public Hearing- Adoption

Subject: Petition CPA19-0001–Request to amend the Future Land Use Element Text and Map of the Hendry County Comprehensive Plan to create a new land use designation to be known as Wheeler Estates.

Statement of Issue This is a County initiated amendment to the Comprehensive Plan Future Land Use Element and Map for the Wheeler Estates Community. The Future Land Use Element is being amended to create a new Future Land Use Category – Wheeler Estates and new Policy 1.1.15. that will provide the framework for development in Wheeler Estates. Additionally, the amendment will redesignate the entire Wheeler Estates Community from Multi-Use Development to the new category - Wheeler Estates.

Background

This Comprehensive Plan Amendment petition is the result of a Land Use Study funded by the Community Planning Technical Assistance Grant (“Grant”) administered through the Department of Economic Opportunity (“DEO”). With the assistance of Waldrop Engineering, there have been five (5) community meetings that have established the community’s vision and guided the development of the Comprehensive Plan and Land Development Code amendments.

There are three (3) actions as the result of the land use study. One is a comprehensive plan text amendment and map amendment to create a new Future Land Use Category and related policies, two is to create Land Development Code regulations specific to the overall Wheeler Estates. The third action is to rezone the parcels currently zoned A-3 and RG-1 to a new zoning district Rural Residential – Wheeler Estates (RR-WE).

The Wheeler Estates Study Area encompasses 1,933+/- acres and generally extends north of 23rd Terrace; east to Wheeler Road; and south of Canal Terrace. An aerial map demonstrating the Study Area is attached as Exhibit “A”.

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The community is comprised of approximately 1,036 lots ranging in size from 1.08+/-acres to 105+/- acres. The vast majority of parcels are 1.25+/-acres in size, representing 90% of all lots within the community.

The Study Area is served by an extensive network of private road easements. Wheeler Estates is accessed exclusively from public roads within Lee County via 16th Terrace (serving Wheeler Estates North), and 10th Place and 2nd Place (serving Wheeler Estates South). The Study Area has no direct access to State Road 80, and easements do not exist that provide legal rights to construct such access in the immediate future. With the exception of a portion of 10th Place and Wheeler Road, most roadways consist of unpaved limerock or are unimproved.

Analysis

Wheeler Estates was historically designated within the “Transitional” future land use category. In 2010, the “Transitional” future land use category was changed to “Multi-Use Development” as part of the Evaluation and Appraisal Report (EAR) process. Refer to the current future land use map attached as Exhibit “B”. The purpose of this re-designation was to more clearly describe this land use category for those areas intended for a broad mix of uses on a county-wide basis. Representatives and landowners within Wheeler Estates have remained actively engaged with County Staff in recent years regarding access, public facilities and services, and proposed development within the community and immediate area. New issues have been raised by the residents, including the desire to keep non-commercial farm animals within the community, as characteristic of large-lot estate subdivisions in rural settings.

The Applicant is requesting to amend Policy 1.1.12, Multi- Use Development future land use category to remove reference to Wheeler Estates; and to create Policy 1.1.15, Wheeler Estates future land use category. The purpose of the Wheeler Estates Future Land Use Category is to maintain the rural and predominantly residential character of Wheeler Estates, as established through a community planning process, and to guide future development in a manner that is consistent with the community vision. The proposed future land use map amendment is attached as Exhibit “C” and the proposed Policy 1.1.15 as Exhibit “D”.

For the purpose of the Wheeler Estates Future Land Use Category, “rural character” is defined as those characteristics which convey a sense of rural lifestyle. Including but not limited to, large lots, significant open space and undisturbed native vegetation, limited public infrastructure, and small-scale agricultural uses that are accessory to permitted residential uses. Non-residential uses are limited to those activities intended to provide daily goods and services to the immediate community. The following is a summary of key changes in the proposed amendment:

• Allow for residential uses limited to single-family detached dwelling types at a density of 1.1dwelling units/acre;

• Allow for limited non-residential uses at a maximum of 0.10 FAR by PUD rezoning;• Limit general commercial and industrial uses to “existing only”• Allow for commercial agricultural uses on A-2 zoned parcels only, and expand the non-

commercial agricultural uses on all other parcels to include both farm animals and horticulture;• Include general descriptions of infrastructure and development standards appropriate for the rural

area; and• Provide public participation requirements and notification of zoning and land use changes.

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Consistency with the Comprehensive Plan

As proposed, the amendments will be consistent with the Comprehensive Plan. Currently, the Study area is designated as Multi-Use Development future land use category, which allows for some of the County’s highest densities and intensities, and a diversity of land uses that are not appropriate for the Study Area based upon available infrastructure and existing development patterns. Furthermore, the range of allowable uses, densities and intensities and are not desired by the community.

The creation of the proposed Wheeler Estates future land use category in the Future Land Use Element and Future Land Use Map will guide sound development patterns within the Study Area and provide an appropriate range of land uses, densities and intensities. The new category establishes maximum density based upon the vested rights; maximum non-residential intensity based upon and limited by locational standards; and a broader range of agricultural uses.

The category will be further implemented by the companion Land Development Code amendment relating to the Rural Residential – Wheeler Estates zoning district (RR-WE). This district and supplementary regulations provide further guidance and clarity on land uses and development design within Wheeler Estates.

Community Outreach

The proposed amendment is based upon data gathered from five (5) community meetings held between September 2018 and February 2019. Additionally, the regulations were crafted based upon a community-wide survey process. The input received at the various community meetings and from the survey results were highly informative, and generally cohesive in terms of the community’s support of single-family residential, agricultural and recreational land uses that protect and enhance the rural character. Limited convenience commercial, civic and recreational uses are also generally supported by the community with careful and well-crafted limitations including enhanced design and locational standards.

The draft comprehensive plan amendment was presented to the residents at a community meeting held on February 4, 2019. The proposed Comprehensive Plan Amendment was revised based on the input from this meeting and was distributed to Wheeler Estates residents via email on February 8, 2019. Minor revisions were made between the community meeting and the final proposed amendments. The community has been notified of the public hearings and the final proposed amendments have been emailed and posted on the County website.

Fiscal Impact

The Study was funded by a Community Planning Technical Assistance Grant (“Grant”) administered through the Department of Economic Opportunity (“DEO”) with no cost to the County. By redesignating this area with a more appropriate mix of land uses, the community will be more marketable.

Local Planning Agency Meeting

The Local Planning Agency (LPA) will conduct a public hearing on March 20, 2019. Since this agenda item was due prior to the LPA hearing, staff will provide the results of that meeting prior to the March 26th Board meeting.

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Options:

Option 1: Conduct a Public Hearing and Transmit Petition CPA19-0001 in accordance with the State Coordinated Review Process, Sections 163.3184(4) and (5), Florida Statutes

Option 2: Recommend not to transmit.

Option 3: Board direction.

Recommendation:

Option 1

Attachments:

1. LPA Staff Report and Application Packet

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HENDRY COUNTY PLANNING & ZONING DEPARTMENT POST OFFICE BOX 2340 • 640 S. MAIN STREET • LABELLE, FLORIDA 33975 • (863) 675-5240 • FAX: (863) 674-4194

STAFF REPORT CPA19-0001

Comprehensive Plan Map Amendment Local Planning Agency

3/20/19

Application Information Applicant: Hendry County Board of County Commissioners Owner(s): Various Agent: Hendry County Planning & Zoning Department Requested action: The Applicant is requesting to amend the Future Land Use Map from

Multi-Use Development to Wheeler Estates future land use category on approximately +/-1,933 acres. The Applicant is also requesting to amend Future Land Use Element Policy 1.1.12, Multi Use Development future land use category, to remove reference to Wheeler Estates; and to create Future Land Use Element Policy 1.1.15, relating to the Wheeler Estates future land use category.

Location: Wheeler Estates (Various Parcels)

Zoning: A-3; A-2; I-1; C-3; and RG-1 Future Land Use Map: Multi-Use Development Size: +/- 1,933 acres Existing uses on the site: Residential; Agriculture; Light Industrial; Institutional; Commercial; and

Vacant.

All required application material has been received. All required notices have been made.

Surrounding Area Information

Adjacent existing uses Adjacent zoning Adjacent Future Land Use Map Category

North Agriculture A-2 Agriculture

South Agriculture A-2 Agriculture

East Agriculture A-2 Agriculture/

Rodina Sector Plan

West Lee County Lee County Lee County

Summary of Request and Background Information

This is a County initiated amendment to the Comprehensive Plan Future Land Use Element and Map for the Wheeler Estates Community. The Future Land Use Element is being amended to create a new Future

Attachment: 1

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Land Use Category – Wheeler Estates and new Policy 1.1.15. that provides the framework for development in Wheeler Estates. Additionally, the amendment will redesignate the entire Wheeler Estates Community from Multi-Use Development to the new category - Wheeler Estates. This is the result of a Land Use Study funded by the Community Planning Technical Assistance Grant (“Grant”) administered through the Department of Economic Opportunity (“DEO”). With the assistance of Waldrop Engineering, there have been five (5) community meetings that have established the community’s vision and guided the development of the Comprehensive Plan and Land Development Code amendments. There are three (3) actions as the result of the land use study. One is a comprehensive plan text amendment and map amendment to create a new Future Land Use Category and related policies, two is to create Land Development Code regulations specific to the overall Wheeler Estates. The third action is to rezone the parcels currently zoned A-3 and RG-1 to a new zoning district Rural Residential – Wheeler Estates (RR-WE). The Wheeler Estates Study Area encompasses 1,933+/- acres and generally extends north of 23rd Terrace; east to Wheeler Road; and south of Canal Terrace. An aerial map demonstrating the Study Area is attached as Exhibit “A”. The community is comprised of approximately 1,036 lots ranging in size from 1.08+/-acres to 105+/- acres. The vast majority of parcels are 1.25+/-acres in size, representing 90% of all lots within the community. The Study Area is served by an extensive network of private road easements. Wheeler Estates is accessed exclusively from public roads within Lee County via 16th Terrace (serving Wheeler Estates North), and 10th Place and 2nd Place (serving Wheeler Estates South). The Study Area has no direct access to State Road 80, and easements do not exist that provide legal rights to construct such access in the immediate future. With the exception of a portion of 10th Place and Wheeler Road, most roadways consist of unpaved limerock or are unimproved. Comprehensive Plan Amendment Wheeler Estates was historically designated within the “Transitional” future land use category. In 2010, the “Transitional” future land use category was changed to “Multi-Use Development” as part of the Evaluation and Appraisal Report (EAR) process. Refer to the current future land use map attached as Exhibit “B”. The purpose of this re-designation was to more clearly describe this land use category for those areas intended for a broad mix of uses on a county-wide basis. Representatives and landowners within Wheeler Estates have remained actively engaged with County Staff in recent years regarding access, public facilities and services, and proposed development within the community and immediate area. New issues have been raised by the residents, including the desire to keep non-commercial farm animals within the community, as characteristic of large-lot estate subdivisions in rural settings. The Applicant is requesting to amend Policy 1.1.12, Multi- Use Development future land use category to remove reference to Wheeler Estates; and to create Policy 1.1.15, Wheeler Estates future land use category. The purpose of the Wheeler Estates Future Land Use Category is to maintain the rural and predominantly residential character of Wheeler Estates, as established through a community planning process, and to guide future development in a manner that is consistent with the community vision. The proposed future land use map amendment is attached as Exhibit “C” and the proposed Policy 1.1.15 as Exhibit “D”. For the purpose of the Wheeler Estates Future Land Use Category, “rural character” is defined as those characteristics which convey a sense of rural lifestyle. Including but not limited to, large lots, significant open space and undisturbed native vegetation, limited public infrastructure, and small-scale agricultural uses that are accessory to permitted residential uses. Non-residential uses are limited to those activities

3

intended to provide daily goods and services to the immediate community. The following is a summary of key changes in the proposed amendment:

• Allow for residential uses limited to single-family detached dwelling types at a density of 1.1 dwelling units/acre;

• Allow for limited non-residential uses at a maximum of 0.10 FAR by PUD rezoning; • Limit general commercial and industrial uses to “existing only” • Allow for commercial agricultural uses on A-2 zoned parcels only, and expand the non-commercial

agricultural uses on all other parcels to include both farm animals and horticulture; • Include general descriptions of infrastructure and development standards appropriate for the rural

area; and • Provide public participation requirements and notification of zoning and land use changes.

Consistency with the Comprehensive Plan As proposed, the amendments will be consistent with the Comprehensive Plan. Currently, the Study area is designated as Multi-Use Development future land use category, which allows for some of the County’s highest densities and intensities, and a diversity of land uses that are not appropriate for the Study Area based upon available infrastructure and existing development patterns. Furthermore, the range of allowable uses, densities and intensities and are not desired by the community. The creation of the proposed Wheeler Estates future land use category in the Future Land Use Element and Future Land Use Map will guide sound development patterns within the Study Area and provide an appropriate range of land uses, densities and intensities. The new category establishes maximum density based upon the vested rights; maximum non-residential intensity based upon and limited by locational standards; and a broader range of agricultural uses. The category will be further implemented by the companion Land Development Code amendment relating to the Rural Residential – Wheeler Estates zoning district (RR-WE). This district and supplementary regulations provide further guidance and clarity on land uses and development design within Wheeler Estates.

Community Outreach The proposed amendment is based upon data gathered from five (5) community meetings held between September 2018 and February 2019. Additionally, the regulations were crafted based upon a community-wide survey process. The input received at the various community meetings and from the survey results were highly informative, and generally cohesive in terms of the community’s support of single-family residential, agricultural and recreational land uses that protect and enhance the rural character. Limited convenience commercial, civic and recreational uses are also generally supported by the community with careful and well-crafted limitations including enhanced design and locational standards. The draft comprehensive plan amendment was presented to the residents at a community meeting held on February 4, 2019. The proposed Comprehensive Plan Amendment was revised based on the input from this meeting and was distributed to Wheeler Estates residents via email on February 8, 2019. Minor revisions were made between the community meeting and the final proposed amendments. The community has been notified of the public hearings and the final proposed amendments have been emailed and posted on the County website. Conclusion

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Staff finds the request consistent with the comprehensive plan and with the vision of the Wheeler Estates community. The proposed Wheeler Estates future land use category will allow the existing and future residents of Wheeler Estates to maintain the rural and predominantly residential character of the area, as established through the community planning process, and will guide future development in a manner that is consistent with the community vision. Recommendation Conduct a public hearing and make a recommendation to the Board of County Commissioners to transmit CPA19-0001to the Florida Department of Economic Opportunity for review in accordance the State Expedited Review Process, Sections 163.3184 (3) and (5), Florida Statutes. Exhibits A – Aerial Map of Wheeler Estates Community B – Existing Future Land Use Map C - Proposed Future Land Use Map Amendment D – Proposed Policy 1.1.15

Joel B

lvd

State Hwy 873

Bell B

lvd

Palm Beach Blvd W State Road 80

Sentinella Blvd

Colum

bus B

lvd

Mcart

hur

Blvd

Gran

t BlvdSunrise Blvd

Us Highway 78

Genoa AveS

Hines

Ave

12Th St E

State Hwy 80

Joel Blvd

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community

²

0 2,000 4,000 6,0001,000Feet

WHEELER ESTATES VICINITYOVERVIEW MAP

LEE C

OUNT

YHE

NDRY

COUN

TY

EXHIBIT "A"

State Hwy 80

16th Ter

Wheel

er Rd

.

10th Pl

Joel B

lvd

Sentinella Blvd

Colum

bus B

lvd

Mcart

hurB

lvdSunrise Blvd

Wheel

er Rd

.

12Th St E13Th St E

15Th St E

E 8Th St

²

0 2,000 4,000 6,0001,000Feet

WHEELER ESTATESCURRENT FUTURE LAND USE MAP

LEE C

OUNT

YHE

NDRY

COUN

TY

LEE COUNTY HENDRY COUNTY

Future Land Use (Current)AgricultureAgriculture ConservationCommercialPublicIndustrialMulti-UseRodina Sector PlanLeisure RecreationalResidential, Low DensityResidential, Medium DensityResidential, High DensityResidential, Pre-Existing Rural EstatesResidential, Rural EstatesSouthwest Hendry County Sector Plan

EXHIBIT "B"

State Hwy 80

16th Ter

Wheel

er Rd

.

10th Pl

Joel B

lvd

Sentinella Blvd

Colum

bus B

lvd

Mcart

hurB

lvdSunrise Blvd

Wheel

er Rd

.

12Th St E13Th St E

15Th St E

E 8Th St

²

0 2,000 4,000 6,0001,000Feet

WHEELER ESTATESPROPOSED FUTURE LAND USE MAP

LEE C

OUNT

YHE

NDRY

COUN

TY


Proposed Future Land UseAgricultureAgriculture ConservationCommercialPublicIndustrialMulti-UseRodina Sector PlanLeisure RecreationalResidential, Low DensityResidential, Medium DensityResidential, High DensityResidential, Pre-Existing Rural EstatesResidential, Rural EstatesSouthwest Hendry County Sector PlanWheeler Estates

EXHIBIT "C"

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EXHIBIT D Policy 1.1.12: Multi-Use Development Future Land Use Category

Purpose The purpose of the Multi-Use Development Future Land Use Category is to promote new development and redevelopment of the properties located within this land use category. Description/Uses Lands classified as Multi-Use Development are generally located adjacent to existing urban/suburban areas or will become adjacent to the urban/suburban areas within the planning horizon. Uses permitted within this category include existing agricultural uses, recreational facilities, residential uses, commercial uses, institutional and industrial. Location Standards The areas designated as Multi-Use Development are located adjacent to the primary transportation system within the county and existing or programmed utilities.

Residential Density

Maximum density – Four (4) units per acre with the following exceptions:

• Agricultural uses – One (1) unit per 5 acres. • Residential/urban uses – Four (4) units per acre when rezoned to a Planned Unit

Development. • The minimum lot size for properties located in Wheeler Estates shall be as defined in LDC

Section 1-53-3.7 Agricultural Transitional District and pursuant to Ordinance No. 2014-02.

Non Residential Intensity • Retail commercial – 0.25 FAR. • Office – 0.50 FAR. • Industrial – 0.75 FAR • 0.50 FAR for mixed-use buildings with a maximum of 25% retail and a minimum of 75%

office. • 0.30 FAR for mixed-use buildings with commercial on the first floor and residential on

stories above and first floor. Infrastructure/Roads • Public arterial, collector, or local roads, and private roads.

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Water and Sewer All new development and redevelopment within the Multi-Use Development Future Land Use Category must connect to centralized public water and sewer, when available. Open Space • Residential development – 30%. • Non-residential development – 15%.

Form of Development • Agricultural individual lots – minimum five (5) acres. • Urban/suburban.

o Clustered developments. o Multi-use developments. o Planned Unit Developments.

Note: Multi-Use Development must be accomplished through a Planned Unit Development

rezoning.

* * * * * * * * * * * * * Policy 1.1.15: Wheeler Estates Future Land Use Category Purpose The purpose of the Wheeler Estates Future Land Use Category is to maintain the rural and predominantly residential character of the area known as Wheeler Estates, as established through a community planning process, and to guide future development in a manner that is consistent with the community vision. For the purpose of this category, “rural character” is defined as those characteristics which convey a sense of rural lifestyle, including but not limited to, large lots, significant open space and undisturbed native vegetation, limited public infrastructure, and small-scale agricultural uses that are accessory to permitted residential uses. Non-residential uses are limited to those activities intended to provide daily goods and services to the immediate community. Description/Uses Uses permitted within Wheeler Estates shall consist of single-family residential dwellings, accessory structures, and small-scale agricultural uses that are accessory to permitted residential uses. Mobile homes, RVs as living quarters, and shipping containers are expressly prohibited. Limited, neighborhood-scale non-residential uses, institutional uses, and recreational uses are permitted subject to the provisions contained herein, and as set forth in the Land Development Code.

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Location Standards Wheeler Estates encompasses 1,933+/- acres of land in the far western portion of Hendry County adjacent to Lee County, and approximately 1.5 miles south of State Road 80. The Wheeler Estates Future Land Use Category is limited to those areas designated as such on the Future Land Use Map. Lands in this category are not within the urban area but are immediately adjacent to future urban areas in Hendry County. Wheeler Estates is intended to operate without significant intensification of public facilities into water, sewer, transportation, or general support services through the planning horizon of 2040. However, additional public facilities may become available to the community via development in the adjacent future urban areas within the Rodina and Southwest Hendry County Sector Plan Areas. Residential Density and Uses

• Single family residential uses - one (1) unit per 1.10 acres. • Mobile home units and RVs are not permitted.

Non-Residential Intensity and Uses

• FAR - 0.10 calculated on the commercial site only. • Non-residential uses that serve and support the rural community are allowable by Planned

Unit Development rezoning approval only, and subject to locational criteria and minimum design standards established in the Land Development Code. General commercial and industrial uses are allowed only on parcels on which such uses exist as of __________, 2019. Industrial and general commercial uses on additional parcels are prohibited.

• Public works projects that include drainage improvements. Agricultural Uses

• Non-commercial, small-scale agricultural uses that are accessory to residential uses, including but not limited to, the keeping of domestic farm animals for household use only, greenhouses, and gardens as set forth in Section 1-53-3.7.1(d) of the Land Development Code.

• Agricultural uses consisting predominantly of the cultivation of crops and livestock including cropland, pastureland, orchards, vineyards, nurseries, ornamental horticulture, groves, confined feeding operations, and specialty farms are permitted by right or allowed by special exception on existing agriculturally-zoned lands only

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Infrastructure/Roads

• Public and private roads. Water

• Private wells for rural residential uses. • Private wells or central water system for non-residential uses.

Wastewater/Septic Tanks

• Individual septic system for rural residential. • Individual septic or central system for non-residential.

Open Space

• Individual lots – no minimum open space requirement • Clustered Development (Residential or Mixed-Use) – 50% • Non-Residential Uses – 30%

Form of Development

• Individual lots. • Non-residential uses and clustered developments must occur in the form of a Planned Unit

Development or Special Exception pursuant to the Land Development Code.

March 26, 2019 BOCC Page 1 of 9

HENDRY COUNTY BOARD OF COUNTY COMMISSIONERS TUESDAY, MARCH 26, 2019, 5:00 p.m.

CD 2019-07

A regular meeting of the Hendry County Board of County Commissioners was held on Tuesday, March 26, 2019, at 5:00 p.m. in the County Commission Chambers in LaBelle, Florida. Prayer and the Pledge of Allegiance were followed by roll call. In attendance:

Chairman Mitchell Wills Vice-Chair Emma Byrd

Commissioner Darrell Harris Commissioner Michael Swindle Commissioner Karson Turner

County Administrator Jennifer Davis County Attorney Mark Lapp

Clerk Barbara Butler

I. BIDS

A. ITB 2019-11: Approve the Community Development Block Grant Rehabilitative Bids for four homes to LaBelle Construction and Kallkell Builders

Motion made by Commissioner Turner, seconded by Commissioner Swindle, called and unanimously carried to approve the lowest bidders:

• 1351 Hendry Isles Blvd. Clewiston – LaBelle Construction • 1119 Virginia Avenue, Clewiston – Kallkell Builders • 1225 Harlem Academy Avenue, Clewiston – LaBelle Construction • 1116 Kentucky Avenue, Clewiston – LaBelle Construction

II. CONSENT AGENDA

Motion made by Commissioner Harris, seconded by Commissioner Swindle, called and unanimously carried to approve the following items on the Consent Agenda:


1. Payment of bills

Pool Cash, 133101-133355……………………………………………... $1,557,039.64 Section 8 Housing, 155834-155843…………………………………………...1,524.01 Local Affordable Housing (SHIP), 4171-4181……………………………. 17,332.49 Building Projects, 4082-4085……………………………………………………. 1,221.61 Port LaBelle Lighting District, 933-934…………………………………………. 829.12 Port LaBelle Utilities, 17263-17286…………………………………………. 40,154.64 Port LaBelle Utilities Customer Deposit, 5275-5287……………………. 1,992.00 Total……………………………………………………………………………… $1,620,093.51


2. Approval of minutes, BOCC meeting February 26, 2019

3. Option to purchase property – The Board approved Option #1: Decline to purchase the property


1. Easement Deed for Wheeler Road located in the Wheeler Road MSBU

2. Change Order #4 to Supplemental Task Authorization (STA) #5 with Johnson

Engineering, Inc. for the construction of Helms Road extension

3. Supplement Joint Participation Agreement to rehabilitate the apron at the LaBelle Airport

4. Traffic Signal Maintenance and Compensation Agreement (Exhibit A)

C. County Administration

1. Employee Appreciation Contract


1. SHIP Annual Report and Local Housing Incentive Certification

E. County Attorney

1. Sale of 615 Bald Cypress Ave., Montura

2. Sale of 7621 17th Place, Wheeler Estates

3. Sale of 7825 23rd Terrace, Wheeler Estates

F. Emergency Medical Services

1. Request of disposition of obsolete items

III. AWARD, APPEARANCES, AND PRESENTATIONS

A. Mental Health – Impower Representative

Amy Blakely, Vice President of Behavioral Health Operations for Impower, said they are starting to provide services for behavioral health, mental health and psychiatric services, in Glades, Hendry and Highlands Counties. They were invited to come because they offer Telehealth which means they are able to provide services to people from their laptop, their home computer, or their smart phone. They have a contract with Central Florida Behavioral Health Network to take over some of the mental health services for this county. The Program Manager they hired is Wendy Amos who has been advertising their services.


Some of the services they offer are psychiatric evaluations and ongoing medication management which is done electronically. They have psychiatrists, practitioners, physician assistants, licensed clinical social workers and about 35 mental health counselors available to see patients statewide. They can set up spoke sites in the community where individuals can come to get services from practitioners if they do not have the technology in their own home. Everything they do is HIPPA compliant. They offer services during the day and also in the evenings and weekends. They can handle multiple people at one time making family therapy possible and they can also collaborate with physicians, guardian ad litems and case managers at the same time. The website for Impower is www.impowerfl.org and an individual can use this site for themselves or to make referrals for someone to get services. Ms. Blakely said the process from when a person applies to the time they can get services is two to three days. The services are for children and adults who have mental health needs or substance abuse needs. They take all Medicaid plans and a lot of commercial insurance. The specific grant they have now is for indigent care; those that are uninsured and at or below the 200% Federal Poverty Level. Ms. Blakely said Ms. Amos has been working to get spoke sites at the high schools and both of them will be meeting tomorrow with DCF, Hendry County Schools and the community based health program to discuss this. Ms. Blakely said they acquired the list of existing clients from the previous provider, CPE. The list had approximately 750 open active clients that need services. Ms. Davis and Chairman Wills said they would attend the meeting with Ms. Blakely tomorrow.

IV. PUBLIC HEARINGS

A. Petition #: SE18-0002 (Continued from February 26, 2019)

Applicant: Green Waste Solution, LLC, represented by H. L. Bennett, P.E., P. L. S., H.L. Bennett & Associates, Inc.

Location: 600 Heritage Road, Felda, FL 33930 Parcel ID: 1-29-45-29-A00-0007.0000 Project size: +/- 133.5 acres Request: The applicant is requesting a Special Exception for the processing of

horticulture waste for the production of top soil Margaret Emblidge, Planning and Community Development Director, said the reason for the continuation was to have time to work out an agreeable buffer plan. The buffer plan is included in the resolution. In regard to the buffers Ms. Emblidge said they are going to work out a phasing plan based on their phasing plan through the Site Development Plan approval process. She said they emailed this revised plan to the Felda Community Association President so that she could share it with her group. There has been no feedback on it.


Chairman Wills announced this was a public hearing and asked if anyone wished to comment. No one responded. Motion made by Commissioner Harris, seconded by Commissioner Turner, called and unanimously carried to approve Option #1: Approve the Special Exception request subject to the conditions listed by adopting RESOLUTION 2019-25.

B. Petition #: CPA17-0002 Applicant: Josue D. Rios, represented by John Jay Watkins, Esquire Location: 5240 W SR 80 & 5480 W SR 80, LaBelle, FL 33935 Parcel ID: 1-28-43-28-A00-0003.0100 and 1-28-43-28-A00-0003.0200 Project size: +/- 16.81 acres Request: The applicant is requesting to amend the Hendry County Comprehensive

Plan Future Land Use Map by changing the future land use designation from Residential Rural Estates to Commercial on the subject property

Chairman Wills announced this was a public hearing and asked if anyone wished to comment. No one responded. Motion made by Commissioner Turner, seconded by Commissioner Byrd, called and unanimously carried to approve Option #1: Approve Petition CPA17-0002 by adopting ORDINANCE 2019-05.

C. Petition #: CPA19-0001 Applicant: Hendry County Board of County Commissioners Location: Wheeler Estates Parcel ID: Various Project size: +/- 1,933 acres Request: The applicant is requesting to amend the Future Land Use Element Text

and Map of the Hendry County Comprehensive Plan to create a new land use designation to be known as Wheeler Estates

Chairman Wills said there have been quite a few community outreach meetings concerning this and the community has been very involved. Chairman Wills announced this was a public hearing and asked if anyone wished to comment. No one responded. Motion made by Commissioner Turner, seconded by Commissioner Harris, called and unanimously carried to approve Option #1: Transmit Petition CPA19-0001 in accordance with the State Coordinated Review Process, Sections 163.3184(4) and (5), Florida Statutes.



This item was not discussed at the meeting.


A. Project updates; Shane Parker, Public Works Director

VII. STAFF REPORTS


1. Lot mowing liens; Margaret Emblidge, Planning and Community Development Director and Wanda Rota-Reina, Code Enforcement Officer

Motion made by Commissioner Swindle, seconded by Commissioner Byrd, called and unanimously carried to approve Option #1: Approve the 67 liens and waive the 12% interest requirement. Mr. Lapp reported that in January the Board authorized him to begin foreclosure proceedings on 725 Arkansas Avenue in Harlem. It had three lot mowing liens and one building demolition lien. He said the lawsuit was filed on March 7, 2019 and it has been served with no response at this time. A court hearing is set for April 24, 2019. Mr. Lapp said he filed a lawsuit today on 1224 CR 78 (Rodriguez) to compel the owner to clean up the property.

2. Code Enforcement Report; Margaret Emblidge, Planning and Community Development

Director and Wanda Rota-Reina, Code Enforcement Officer

Ms. Emblidge pointed out that the report in the Board packet provided information on information obtained from similar counties regarding special magistrates. Commissioner Turner commented on Option #2 saying he does not think the County should be in the business of cleaning up people’s property. He said the County should tell people they have an issue and then by a judge or special magistrate process a daily fine would be imposed until the person either acts or the County begins foreclosure proceedings. Chairman Wills said they would not take any action tonight but he is considering the special magistrate process and thinks it may move the process along much quicker and more efficiently. Ms. Davis said she also thinks they are leaning in that direction. She was not expecting the Board to make a decision tonight but would like to give Mr. Lapp time to research the foreclosure issue and make a recommendation on the special magistrate issue at one of the meetings in April. She said as they have more and more cases there will be a need to hear them more frequently and that could be done with a special magistrate. Ms. Emblidge commented that they need another Code Enforcement Officer now.

3. Hendry County Health Department: Chris-Tel Change Order #4 to STA #1; Shane

Parker, Public Works Director

Mr. Parker said he revised the staff recommendation that was in the Board packet to include the Health Department paying two month’s rent so Chris-Tel can make the desired repairs to the HVAC system and some other repairs.


Motion made by Commissioner Swindle, seconded by Commissioner Byrd, called and unanimously carried to approve Option #1:

a. Authorize the Chairman, or in his absence the Vice Chair, to execute Change Order #4 to STA #1, subject to County Attorney approval

b. Authorize the County Attorney to prepare an amendment to the lease agreement with Royal Consolidated Properties, Inc. for an additional two months, and authorize the Chairman, or in his absence the Vice Chair, to execute the amendment

c. Authorize the County Attorney to prepare an addendum to the Interlocal Agreement between the Health Department and Hendry County in regard to the reimbursement for two months of rent and authorize the Chairman, or in his absence the Vice Chair, to execute the addendum.

4. Hendry County Health Department: Chris-Tel Change Order #5 to STA #1; Shane

Parker, P.E. Public Works Director

Mr. Parker said this Change Order was requested by the Health Department for various improvements such as additional doors in the hallway, a WIC consultation room, a breast feeding room and active shooter upgrades. Motion made by Commissioner Swindle, seconded by Commissioner Byrd, called and unanimously carried to approve Option #1:

a. Authorize the Chairman, or in his absence the Vice Chair, to execute Change Order #5 to STA #1, subject to County Attorney approval and the Health Department Director.

b. Authorize the County Attorney to prepare an Amendment to the Interlocal Agreement between Hendry County and the Health Department in regard to payment of the Change Order and authorize the Chairman, or in his absence the Vice Chair, to execute the Amendment to the Interlocal Agreement.

5. Hendry County Courthouse, Chris-Tel Change Order #2 to STA #5; Shane Parker, P.E.

Public Works Director

Mr. Parker said the Board previously approved this Change Order in February. He is bringing it back for clarification and said the Board did not have to approve this Change Order with Chris-Tel because it is Chris-Tel’s responsibility for the louvers. Mr. Parker said he feels it is justified because they showed they made a mistake in their Guaranteed Maximum Price (GMP). He looked at the actual quote compared to their GMP and it is wrong by $23,000. Chris-Tell will not charge an extra Construction Manager (CM) fee due to their mistake.

Motion made by Commissioner Harris, seconded by Commissioner Swindle, called and unanimously carried to approve Option #1: Authorize the Chairman, or in his absence the Vice Chair, to execute Change Order #2 to STA #5, subject to County Attorney approval.


6. Hendry County Non Historic Courthouse Improvements: Chris-Tel STA #7

Mr. Parker said this is in the amount of $992,193.51 for repairs to the remainder of the Administration Building and the Judicial building, and the façade which includes repairs to the entryway and columns. Commissioner Turner asked how much of this is budgeted. Ms. Davis replied that the County has a $6 million credit line. In the original quote the first phase was $250,000 - $260,000, and what is being done now will complete the remaining repairs for the Administration and Judicial buildings. The historic repairs are a separate contract. She said the roof repairs were completed last year and this will take care of the remaining issues. Mr. Parker said on the south side the glass windows and a new glazed curtain wall are needed, and water leak testing of the windows on the east façade is needed. Ms. Butler reported there are windows leaking in the Clerk’s office. Commissioner Turner would like to hear from all of the Constitutional Officers. Ms. Davis asked Mr. Parker if they could wait on moving forward with this until they hear from the Constitutional Officers. Commissioner Turner would like Ms. Davis to notify the Constitutional Officers of the issue. The Commissioners did not make a decision at this time because they would like to hear from Facilities Maintenance Director Alan Bowen and the Constitutional Officers first.



A. Dr. Pepe, Health Department Director

Dr. Pepe said there will be a meeting on April 18, 2019 with mental health providers to discuss behavioral health. Ms. Davis and Lisa Sands will also be attending. He said in regard to mental health statistics Hendry County is below the state average but in terms of domestic violence it is above state average. He reported that several years ago this county rated high in juvenile arrests in schools but it has dropped from third to sixteenth. He said we are changing the conversation to more of an environment that is protective and resilient. He thanked Ms. Davis and Mr. Parker for their help in the transition with the Health Department. He said there will be an expansion of services and the building will be resilient enough to provide resources for people to shelter in.


X. AGENDA ADDITIONS


A. District 4 – Commissioner Swindle

1. Census – Commissioner Swindle said it is important that they get accurate data

because it affects everything from health care, veteran’s services, and many other things. He said Janet Papinaw, Grants and Special Projects Director, has a really good


plan to regionalize the County and get the census information out. He is concerned because he doesn’t want this opportunity to not be taken seriously. He asked if it was possible to free up other people to make sure that Ms. Papinaw has what she needs to make sure the information gets out. Ms. Davis said they have involved the IT Department in regard to addressing and E-911 did the initial files that had to be sent to the State and the federal government. She said they will make sure that they have all of the proper resources. Commissioner Harris pointed out that there is an area around CR 78 where the people have Alva addresses but they are in Hendry County. Commissioner Swindle wants to make sure they get everyone counted.

B. District 1 – Commissioner Byrd

1. Brown Sugar – Commissioner Byrd said Brown Sugar was approaching. She said they

would like to give a key to the County to residents who are 99 years old or older. She would like the Board to fund this.

C. District 2 – Commissioner Harris

1. C- 43 – Commissioner Harris said he and Ms. Davis went on a tour of the C- 43 project

and he urged everyone else to go. Ms. Davis said Emily Hunter, Communications & Legislative Coordinator, is working with the Water Management District to arrange a tour for the other Commissioners.

2. Case and Evans Roads – Commissioner Harris said there are people on these two

roads that have shown interest in creating a lighting district. Mr. Parker said it takes 51% or more of the residents to agree in order to have an MSBU. He will have to do a cost estimate and then bring that back for 51% or more approval. Commissioner Harris would like Mr. Parker to look at the LAP program for these two roads to see if there is any funding for them. Chairman Wills would like Mr. Parker to see about a sidewalk on one side of each road.

D. District 5 – Commissioner Turner

1. Community meetings and BOCC meetings – Commissioner Turner said they should be

mindful of the working people and think about holding meetings possibly at 5:30 p.m. or 6:00 p.m.

2. LAP Program – Commissioner Turner commented on different projects and asked if the

LAP Program would help. Mr. Parker said when LAP projects are ranked in the Heartland TPO they go by a list of conditions such as proximity to schools, and if it was in the Comprehensive Plan or the Capital Improvements Schedule. The last Comprehensive Pathways Plan was funded by DOT and was done in 2009. He recommended they update it.

3. Pioneer Community – Commissioner Turner said he attended a community meeting in

Pioneer last Saturday with a lot of the discussion about ATV use in Pioneer. He said the people were in favor of it. They asked for the Board to look at the current ordinance and compare it to what the State says. They also asked about the golf cart


ordinance in Harlem to see how it is working. He said they are looking at the possibility of there being a requirement to be a resident or landowner in Pioneer in order to operate an ATV or side by side. He said Sheriff Whidden was at that meeting to answer questions.

E. District 3 – Chairman Wills

1. Sidewalk on Cowboy Way – Chairman Wills asked about the sidewalk crossing the

canal on Cowboy Way. Mr. Parker said that was intended to be a LAP project in 2006 but there was not enough money in the grant to build a bridge across the canal at Forrey Drive and Cowboy Way. He said they have approval for a consultant to do design intersection improvements and Forrey Drive is part of that. The contract is with Johnson Engineering to redo that intersection and so they could tie those two sidewalks together. They would like to get DOT funding for it.

Commissioner Harris commented on the intersection of Forrey Drive and Highway 80 and said it was difficult for anyone coming from Forrey Drive to see the traffic. He would like something done before someone gets killed. He asked Mr. Parker to look into it.

2. Miscellaneous items – Chairman Wills said DOT cleaned the roads around SR 29 South. He thanked Road & Bridge for their help in Felda. He believes some of the residents on Phillips Road are interested in an MSBU because the road is in bad shape. The residents on Fort Denaud Road are happy to see the work beginning on it. He has received complaints about garbage not being picked up. Commissioner Turner said he has received similar complaints in his district.

ADJOURN Chairman Wills adjourned the meeting at 6:43 p.m. ATTEST: _________________________________ Mitchell Wills, Chairman _________________________________ Barbara S. Butler, Clerk

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Emma J. Byrd Darrell Harris Mitchell Wills Michael Swindle Karson Turner

District I District 2 District 3 District 4 District 5

HENDRY COUNTY BOARD OF COUNTY COMMISSIONERS

AGENDA Tuesday, April 23, 2019 Regular Meeting, 5:00 p.m. Invocation County Commission Chambers Pledge of Allegiance LaBelle, Florida Notice for Public Comment: Public comment will be allowed at the time the agenda item is being considered. You will be allowed to speak for up to three minutes and only one time for each item provided a speaker request card is completed prior to the meeting. Be advised that the Board may take action on items not listed on the agenda. If this occurs, public comment will be received at the time the item is considered for up to three minutes provided that you raise your hand to indicate your desire to speak. Comment for non-agenda general discussion by members of the public will be allowed at the end of the regular agenda for up to one minute provided a speaker request card is completed prior to the meeting.

Please silence all electronic devices.

Pledge of Civility: We will be respectful of one another even when we disagree. We will direct all comments to the

issues. We will avoid personal attacks. “Politeness costs so little.” - Abraham Lincoln

4:00 pm BOCC Budget Workshop I. BIDS

II. CONSENT AGENDA


1. Payment of Bills

2. Approval of Minutes, BOCC meeting March 26, 2019

3. Approval of Minutes, BOCC meeting, April 9th 2019

4. Budget Supplement - 2019-29


1. Change Order #2 to STA for Purchasing $45,000.00 of Brick for the East Façade of the Administrative Wing of the Non-Historic Courthouse Repairs.

2. Change Order #1 to STA #24 with AECOM Technical Services, Inc. for the LaBelle Airport Noise Contour Development

http://www.hendryfla.net/

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3. Permission to utilize a paid college intern for Public Works

C. County Administration.

1. Brown Sugar Festival – Wavier of Fees for Use of County Facilities for Brown Sugar Festival Activities

2. Lake Okeechobee Meeting Resolution

3. Reappointment of Harlem Community Public Library Advisory Board members


1. Budget Amendment to Fund an Existing Vacancy for a Contractor Licensing

Manager.

E. County Attorney

1. Approval of listing agreement with Belle Realty for Wheeler Estates parcels

II. AWARDS, APPEARANCES, AND PRESENTATIONS

III. PUBLIC HEARINGS

A. Interlocal Agreements with City of LaBelle and Clewiston for Distribution of the 2-cent Fuel Sale Tax

B. Interlocal Agreements with City of LaBelle and Clewiston for Distribution of the 6-cent

Fuel Sales Tax

C. Petition Number: VA19-0001

Applicant: Richard G. Williams, Lori L. Williams, and Lowell R. Wood

represented by H.L. Bennett, P.E., P.L.S

Location: 4230 Ft. Denaud Road, La Belle, FL 33935

Parcel ID: 1-28-43-15-A00-0003.0100

Project size: +/-2.2 acres

Request: The applicant is requesting a variance of 23.5 feet resulting in a rear

yard setback of 1.5 feet to allow for an addition of two bedrooms to

the existing residence to accommodate elderly parents.

D. Petition Number: RZ16-0001

Applicant: Mahendra & Bina Patel, represented by H.L. Bennett, P.E., P.L.S

Location: 6299 S SR 29, 6235 S SR 29, & 25 F Road, LaBelle, FL 33935

Parcel ID: 1-29-43-27-010-00F2-005.0, 1-29-43-27-010-00F2-003.0, & 1-29-

43-27-010-00F2-001.0



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Request: The applicant is requesting a rezone from General Commercial (C-

2), Convenience Commercial (C-1), and Residential/High Density -

Mobile Home (RG-3M), respectively, to High Intensity Commercial

(C-3).

E. Petition Number: RZ19-0002

Applicant: David Johnson, represented by H.L. Bennett, P.E., P.L.S

Location: 703 N. Bridge Street and 721 N. Bridge Street, LaBelle, FL 33935

Parcel ID: 1-29-42-32-080-000A-002.0 & 1-29-42-32-080-000A-001.0


Request: The applicant is requesting a rezone from Convenience Commercial

(C-1) to High Intensity Commercial (C-3).

F. Petition Number: CPA18-0006

Applicant: BHT Group, LLC, represented by Johnson-Prewitt & Associates

Location: No # CR 835, No # CR 835, No # CR 835, No # CR 835, Clewiston,

FL 33440

Parcel ID: 1-34-43-35-A00-0003.0000, 1-34-43-35-A00-0004.0000, 1-34-44-

02-A00-0002.0000, 1-34-44-02-A00-0001.0000

Project size: +/-228 acres

Request: The applicant is requesting to amend the Hendry County

Comprehensive Plan Future Land Use Map by changing the future

land use designation from Agriculture to Industrial on the subject

properties.

G. Petition Number: RZ18-0005

Applicant: Stephane Gardinier o/b/o Gardinier Florida Citrus Inc. & HCGM,

LLC, represented by Pavese Law Firm c/o Katherine English, Esq.

and Waldrop Engineering c/o Alexis V. Crespo, AICP

Location: 16250 Calumet Rd. and SR 82, Felda, FL 33930

Parcel ID: 1-28-45-32-A00-0002.0000 & 1-28-45-32-A00-0001.0200

Project size: +/-624 acres

Request: The applicant is requesting a rezone on the subject property from the

Planned Unit Development (PUD) to a Detailed Specific Area Plan

(DSAP) to allow for an employment district and related uses.

H. Petition Number: N/A

Applicant: Hendry County Board of County Commissioners

Request: The applicant is requesting to amend the Hendry County Code of

Ordinances, Chapter 1-53, Zoning, Specifically, Section 1-53-2.1,

Establishment of Districts; Section 1-53-2.2, Land Use

Classifications; Table 53-1, Table of Use Regulations; Section 1-53-

3.7 Agricultural Transitional District; Creating a New Section 1-53-

3.7.1, Wheeler Estates Development Standards; and Amending

Table 53-2, Table of Dimensional and Density Regulations.


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1. Correspondence – Project Update, Shane Parker, Public Works Director

2. Proclamation – National Public Works Week, Shane Parker, Public Works

Director

3. Budget Worksheet as of February 28, 2019 - County Administration,

Jennifer Davis

VII. STAFF REPORTS


1. Fee Schedule Amendment Margaret Emblidge, Planning and Community Development Director

2. Follow up on February 26, 2019 Residential Design Standards

Presentation Margaret Emblidge, Planning and Community

3. Placeholder – Guaranteed Maximum Price with Chris – Tel Construction for

Non - Historic Courthouse Repair. Shane Parker, Public Works Director

4. LaBelle Airport – Supplemental Joint Participation Agreement to Design and

Construct an Airport Access Road From SR 29 (Rodeo Drive)

5. Supplemental Task Authorization (STA) #28 with AECOM Technical

Services, Inc. for LaBelle Airport Access Road – Rodeo Drive Construction

Engineering Inspection (CEI) Services.




X. AGENDA ADDITIONS



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ADJOURN BOARD OF COUNTY COMMISSIONERS MEETING If a person decides to appeal any decision made by the Board with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.


1

Board of County Commissioners Agenda Request

Date of Meeting: April 23, 2019

Date Submitted: April 16, 2019

To: Honorable Chairman and Members of the Board

From: Margaret Emblidge, AICP, Planning & Community Development Director

Agenda Location: Public Hearing –First Reading of Ordinance

Subject: Amendment to Hendry County Code of Ordinances – Chapter 1-53 Zoning, Specifically, Section 1-53-2.1, Establishment of Districts, Section 1-53-2.2, Land Use Classifications, Table 53-1, Table of Use Regulations, Section 1-53-3.7 Agriculture Transitional District, Creating new Section 1-533.7.1, Wheeler Estates Development Standards, and Amending Table 53-2, Table of Dimensional and Density Regulations.

Statement of Issue:

This is the first reading for a County initiated amendment to the Land Development Code to create a new Zoning District and regulations for the Wheeler Estates Community. This petitionis the result of a Land Use Study funded by the Community Planning Technical Assistance Grant (“Grant”) administered through the Department of Economic Opportunity (“DEO”). With the assistance of Waldrop Engineering, there have been five (5) community meetings that have established the community’s vision and guided the development of theComprehensive Plan and Land Development Code amendments. There are three (3) actions as the result of theland use study. One is a comprehensive plan amendment to create a new Future Land Use Category andrelated policies, two is to create Land Development Code regulations specific to the overall WheelerEstates. The third action is to rezone the parcels currently zoned A-3 and RG-1 to a new zoning district RuralResidential – Wheeler Estates (RR-WE). The adoption hearing for all three will occur after theComprehensive Plan Amendments have been reviewed by the state reviewing agencies.

The sections in the LDC to be amended include:

• Chapter 1-53, Zoning, specifically, Section 1-53-2.1, Establishment of Districts;• Section 1-53-2.2, Land Use Classifications; Table 53-1, Table of Use Regulations;• Section 1-53-3.7 Agricultural Transitional District;• Creating a New Section 1-53-3.7.1, Wheeler Estates Development Standards; and• Table 53-2, Table of Dimensional and Density Regulations.

2

Community Outreach

The proposed amendment is based upon data gathered from five (5) community meetings held between September 2018 and February 2019. Additionally, the regulations were crafted based upon a community-wide survey process. The input received at the various community meetings and from the survey results were highly informative, and generally cohesive in terms of the community’s support of single-family residential, agricultural and recreational land uses that protect and enhance the rural character. Limited convenience commercial, civic and recreational uses are also generally supported by the community with careful and well-crafted limitations including enhanced design and locational standards.

The community has been notified of the public hearings and the final proposed amendments have been emailed and posted on the County website.

Analysis

Section 1-53-2.1 Establishment of Districts This section is amended to replace the A-3 Zoning District with the new Rural Residential – Wheeler Estates Zoning District (RR-WE).

Section 1-53-2.2 Land Use Classifications; Table 53-1 Table of Use Regulations This section is amended to replace the A-3 Zoning District with the RR-WE; eliminate the General Commercial and Industrial uses and require Convenience Commercial and Professional Service and Office uses to be reviewed through a Planned Unit Development.

Section 1-53-3.7 Agriculture Transitional District This section is amended to rename to Rural residential – Wheeler Estates zoning district. And to add sections on applicability, permitted uses and prohibited uses.

Creating a New Section 1-53-3.7.1 Wheeler Estates Development Standards This section is created to include regulations on access, drainage, use standards, locational criteria, design standards, landscape buffers, signage, and limited non-commercial agricultural uses. This language specifically allows a certain amount of domestic farm animals which was a high priority for the residents.

Table 53-2, Table of Dimensional and Density Regulations This section is amended to replace A-3 with RR-WE, increase the minimum sq.ft. for residences from 800 to 1,000.

See attached proposed Ordinance for more detailed language.

Local Planning Agency

The Local Planning Agency (LPA) conducted a public hearing on April 10, 2019. There were no questions from the LPA or the Public. The LPA voted 6-0 to approve the LDC amendments.

3

Fiscal Impact

N/A.

Options

Option 1: Consider the Proposed Ordinance.

Option 2: Board direction.

Recommendation

Option 1

Attachments:

1. Proposed Ordinance2. LPA Packet

COUNTY OF HENDRY, STATE OF FLORIDA

ORDINANCE NO. 2019 -

RECORDED IN ORDINANCE BOOK , PAGE

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF HENDRY COUNTY, FLORIDA, AMENDING THE HENDRY COUNTY CODE OF ORDINANCES, CHAPTER 1-53, ZONING, SPECIFICALLY, SECTION 1-53-2.1, ESTABLISHMENT OF DISTRICTS; SECTION 1-53-2.2, LAND USE CLASSIFICATIONS; TABLE 53-1, TABLE OF USE REGULATIONS; SECTION 1-53-3.7 AGRICULTURAL TRANSITIONAL DISTRICT; CREATING A NEW SECTION 1-53-3.7.1, WHEELER ESTATES DEVELOPMENT STANDARDS; AND AMENDINGTABLE 53-2, TABLE OF DIMENSIONAL AND DENSITY REGULATIONS;PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS OF LAW;PROVIDING FOR CODIFICATION, INCLUSION IN CODE, AND SCRIVENER’SERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Hendry County has adopted the Hendry County Land Development Code

pursuant to the authority granted by the Florida Constitution, Florida Statutes, and Laws of

Florida; and

WHEREAS, the purpose of the Code is to provide for orderly growth, to encourage the

appropriate use of land, to discourage incompatible uses of adjacent properties, and to implement

goals and objectives to the Hendry County Comprehensive Plan; and

WHEREAS, the County has determined there is a need to amend Section 1-53-2.1,

Establishment of Districts; Section 1-53-2.2, Land Use Classifications; Table 53-1, Table of Use

Regulations; Section 1-53-3.7, Agricultural Transitional District; and Table 53-2, Table of

Dimensional and Density Regulations; and

WHEREAS, the County has determined there is a need to create a new Section 1-53-

3.7.1, Wheeler Estates Development Standards;

WHEREAS, the Hendry County Local Planning Agency has considered the proposed

amendments to the Code of Ordinances and conducted a public hearing to receive public input.

Attachment: #1

2

NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of

Hendry County, Florida, that:

SECTION ONE. Sections 1-53-2.1, 1-53-2.2, Table 53-1, Section 1-53-3.7 and Table

53-2 are hereby amended and the new Section 1-53-3.7.1 is created in accordance with Exhibit

“A” and incorporated by reference herein.

SECTION TWO. SEVERABILITY

If any section, phrase, sentence or portion of this ordinance is for any reason held invalid

or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a

separate, distinct and independent provision, and such holding shall not affect the validity of the

remaining portions thereof.

SECTION THREE. CONFLICTS OF LAW

Whenever the requirements or provisions of this ordinance are in conflict with the

requirements or provisions of any other lawfully adopted Hendry County Ordinance or Florida

Statutes, the more restrictive shall apply.

SECTION FOUR. CODIFICATION, INCLUSION IN CODE AND

SCRIVENER’S ERRORS

It is the intention of the Board of County Commissioners that the provisions of this

ordinance will become and be made a part of the Hendry County Code; and that sections of this

ordinance may be renumbered or re-lettered and that the word “ordinance” may be changed to

“section”, “article”, or such other appropriate word or phrase in order to accomplish such

intention; and regardless of whether such inclusion in the code is accomplished, sections of this

ordinance may be renumbered or re-lettered and typographical errors which do not affect the

intent may be authorized by the County Administrator, or the County Administrator’s designee,

3

without need of public hearing , by filing a corrected or re-codified copy of same with the Clerk

of Circuit Court.

SECTION FIVE. EFFECTIVE DATE

This Ordinance shall take effect immediately upon its filing with the Secretary of State.

Duly passed and adopted in Regular Session of the Board of County Commissioners of Hendry

County, Florida this 28th day of May 2019.

BOARD OF COUNTY COMMISSIONERS ATTEST: OF HENDRY COUNTY, FLORIDA

____________________________ _____________________________ Barbara Butler, Clerk Mitchell Wills, Chair

Chapter 1-53 - ZONING

Sec. 1-53-1. - Zoning map. No change.

Sec. 1-53-2. - Zoning districts.

1-53-2.1. Establishment of districts. For the purposes of this chapter, the followingzoning districts are hereby established for use within the county:

A-1 Agriculture/Conservation

A-2 General Agriculture

A-3 RR-WE Agriculture Transitional Rural Residential – Wheeler Estates

RR Rural Residential

RR-F Rural Residential Farm

RG-1 Residential/Low Density

RG-1M Residential/Low Density—Mobile Home

RG-2 Residential/Medium Density

RG-2M Residential/Medium Density—Mobile Home

RG-3 Residential/High Density

RG-3M Residential/High Density—Mobile Home

RG-4 Residential/Multifamily

C-1 Convenience Commercial

C-2 General Commercial

C-3 High Intensity Commercial

I-1 Light Industrial

I-2 Heavy Industrial

Exhibit "A"

PUD Planned Unit Development

DSAP Detailed Specific Area Plan

RDSAP Rural Detailed Specific Area Plan

***************************************************************************************************

1-53-2.2. Land use classifications. For the purpose of this chapter, the following land usesand activities shall be permitted in the respective districts as provided in table 53-1 (Table of Use Regulations) in section 1-53-3.1, below.

The following definitions are hereby established: Animal, 4-H means an animal raised on a temporary basis as part of the 4-H youth program

administrated by the National Institute of Food and Agriculture of the U.S. Department of Agriculture.

Animal, domestic means any dog, cat, or other historically domesticated companion animal.

Animal, domestic farm for household use means any animal, other than a domestic animal as defined herein, which is normally raised for breeding, harness, riding, food, milk, eggs, or wool for personal consumption.

Animal, commercial means animals raised for commercial purposes.

***************************************************************************************************


1-53-3.1. Table of use regulations. Table 53-1 lists the principal uses which will bepermitted on a parcel or lot in the zoning districts established in this chapter. No person or other entity may place a structure or conduct an activity, or allow a structure or an activity to occur, on land within any zoning district in the county when such use is not a use permitted by right within that zoning district as set forth in table 53-1, except that a structure or activity may be allowed by special exception granted pursuant to the provisions of chapter 1-51 in a zoning district where such structure or use is shown as a use permitted by special exception in table 53-1, and except that a use which is permitted in a zoning district county-wide by a specific provision of this code shall be allowed pursuant to that provision notwithstanding table 53-1. All uses must comply with section 1-53-6.13, Airports.

TABLE 53-1. TABLE OF USE REGULATIONS

Zoning Districts

Land Use or Activity A- A- A-3 RR RR-

RG-1

RG-2

RG-3 RG C- C- C- I- I-2

1 2 RR-WE

F RG-

1M

RG-

2M

RG-

3M

-4 1 2 3 1

(a) Agricultural uses.

(1) Agriculture P P P/4 P/1 P — — — — S S S P P

(2) Agricultural processing — S — — — — — — — — — S P P

(3) Agricultural worker housing — S — — — — — — — — — — — —

(4) Hunting camp P P — — — — — — — — — — — —

(b) Residential uses.

(1) Boardinghouse and roominghouse — — — — — — — S S — — — — —

(2) Community

residential home, major

— — — — — — — P P — — — — —

(3) Community

residential home, minor

P/3

P/3 P/3 P/3 P/

3 P/3 P/3 P/3 P/3 — — — — —

(4) Mobile home P P — P P P P P — S — — — —

(5) Mobile home park — — — — — — — S/2 — — — — — —

(6) Multifamily dwelling — — — — — — — — P — — — — —

(7) Single-family dwelling P P P P P P P P P P — — —

—

(8) Townhouse dwelling — — — — — — — — P — — — — —

(9) Two-family dwelling — — — — — — — — P — — — — —

(10) Mixed use development — — — — — — — P/2 P/2 P/

2 P/2

P/2

— —

(11) Nursing home/ACLF — — — — — — — S S — — — — —

(c) Commercial uses.

(1) Convenience commercial — S

S

5 — — — — S S P P P S P

(2) Entertainment establishment — — — — — — — — — — S S —

—

(3) General commercial — — S

— — — — — — — — P P S S

(4) High-intensity commercial — — — — — — — — — — S P S S

(5) Professional service or office — —

—

5 — — — — — — P P P P P

(6) Recreational vehicle park — S — — — — — — — — — S —

—

(7) Pain management clinic — — — — — — — — — — — S —

—

(8) Medical marijuana treatment center

— — — — — — — — — — — — — —

dispensing facility

(d) Industrial uses.

(1) Auto salvage/junkyard — — — — — — — — — — — — — P

(2) Light industry — — S

__ — — — — — — — — — P P

(3) Heavy industry — — — — — — — — — — — — S P

(4) Warehousing/distribution — — — — — — — — — — — — S P

(5) Mining — P/2 — — — — — — — — — — — P/

2

(e) Public, and semipublic uses. and civic uses

(1) Airport/private landing strip S S — — — — — — — — — — S S

(2) Broadcast tower P P S — — — — — — S S S P P

(3) Conservation P P P P P P P P P P P P P P

(4) Essential public utility P P P P P P P P P P P P P P

(5) General recreation S P S S S S S S S P P P P P

(6) Heavy recreation — S — — — — — — — — — — — S

(7) Institution S S S S S S S S S S S S S S

(8) Neighborhood recreation __ P P P P S S S P P P P P P

(9) Public service/public utility S S S S S S S S S S S S S S

— Use not permitted in this district.

P Use permitted by right in this district.

S Use permitted by special exception in this district.

P/1 Use permitted subject to provisions of section 1-53-6.7.

P/2 Use permitted by planned unit development in this district subject to provisions of section 1-53-5.

S/2 Mobile home park by special exception in RG-3M district only.

P/3

A minor community residential home must have a minimum separation of 1,000 feet from another minor community residential home and shall provide the planning and community

development department with a list and location of all licensed facilities in the county to ensure the 1,000 feet separation is met.

P/4 Agriculture Agricultural uses in the A-3 RR-WE district are permitted in accordance with Section 1-53-3.7.1.e. limited to horticulture, floriculture, silviculture, and viticulture.

5 Use allowed by planned unit development in the RR-WE district subject to the provisions of section 1-53-3.7

1-53-3.2. No change. 1-53-3.3. No change. 1-53-3.4. No change. 1-53-3.5. No change. 1-53-3.6. No change. 1-53-3.7 Agricultural transitional district . Rural Residential Wheeler Estates zoning district.

Applicability. The Rural Residential - Wheeler Estates (RR-WE) zoning district shall apply to those parcels formerly zoned agricultural transitional (A-3) and RG-1 as set forth on the Hendry County Zoning Map, and generally located in the west one-half of Sections 6, 7, 18, 19, 30, and 31, Township 44 South, Range 28 East, Hendry County, Florida. Those parcels located within the aforementioned Sections, Township and Range that are zoned agriculture, industrial and general commercial shall remain in those zoning districts, but may be rezoned to RR-WE by the property owner. Permitted Uses. Uses permitted within Wheeler Estates shall consist of single-family residential dwellings, accessory structures, and small-scale agricultural uses that are accessory to permitted residential uses. Limited, neighborhood-scale non-residential uses, institutional uses, and recreational uses are permitted subject to the provisions set forth herein.

Prohibited uses. In accordance with Table 53-1, residential development in the RR-WE zoning district is limited to single-family homes. Mobile homes and RVs as living quarters are specifically prohibited in this district.

The agricultural transitional district was established specifically for the Wheeler Estates development. The minimum lot size for the agricultural transitional district is five acres, unless the lot received a vested rights determination as a nonconforming lot of record for a lot size less than five acres, or it is one of the 771 lots remaining as of October 22, 2013, which is less than five acres and did not receive a vested rights determination. The lots smaller than five acres remaining as of October 22, 2013, without a vested rights determination are listed in exhibit A to Ordinance No. 2014-02. The lots may be used for the placement of single-family homes provided thatsetbacks and other requirements of the district shall conform to the regulationsestablished herein.

Residential development in this district is limited to single-family homes. Mobile homes are specifically prohibited in this district.

In order to receive a building permit to construct a single-family home in the Wheeler Estates development, the property owner must provide evidence with the building permit application that he/she: 1) has legal access to the property from a public road, and 2) will construct a private driveway in accordance with county specifications unless and until a private road is required to provide access to the property, and 3) will participate in a private road agreement with other landowners to construct a private road to county specifications when development warrants such construction, and 4) that the lot (a) is at least five acres in size, (b) previously received a vested rights determination or (c) is on the list of lots vested by way of Ordinance No. 2014-02.

Further, the property owner must comply with any applicable requirements set forth by the Florida Department of Environmental Protection, the South Florida Water Management District, and/or the East County Water Control District regarding appropriate drainage facilities for the property.

(b)

Applicability. The provisions of this section shall apply in the west one-half of Sections 6, 7, 18, 19, 30, and 31, Township 44 South, Range 28 East, Hendry County, Florida. The zoning

established by Resolution Number 81-18, approved April 14, 1981, Ordinance No. 2002-07, approved January 22, 2002, and Ordinance No. 2002-26, approved September 23, 2002, remains in effect.

1-53-3.7.1 Wheeler Estates Development Standards.

(a ) Minimum access requirements. In order to receive a building permit to construct a single-family home in the Wheeler Estates zoning district the property owner must be able to access his or her parcel by way of 1) a private driveway utilized by no more than three residential parcels meeting the specifications in Sect. 1-53-6.14(b) or 2) a private road meeting the specifications in Sect. 1-53-6.14(a) except paving of the road will not be required. Private roads shall be constructed by the joint efforts of the owners of the residential parcels served by the road or, in the event the affected owners will not or do not construct the private road, the County shall, if it possesses easement rights over all necessary lands, construct the private road and specially assess the owners of the residential parcels served by the road for the costs to construct and maintain the road.

(b) Minimum drainage requirements. The property owner must comply with anyapplicable requirements set forth by the Florida Department of EnvironmentalProtection, the South Florida Water Management District, and the Lehigh AcresMunicipal Services Improvement District regarding appropriate drainage facilitiesfor the property.

(c) Residential use standards. Residential uses shall be the principal use in the RR-WE zoning district. Construction and design standards shall comply with allapplicable regulations in the LDC unless superseded herein.

(d) Non-residential use standards. The following standards apply to all development,redevelopment and expansion of existing and permitted non-residentialdevelopment within its boundaries, unless otherwise specified.

(1) Locational criteria. Non-residential uses must be located on improved roadwaysmeeting the standards set forth in Section 1-53-6.14(a) and must have directaccess to one of the following roadways: Wheeler Road, 10th Place, 2nd Place, or16th Terrace.

(2) Planned unit development rezoning or special exception required. All non-residential development must be reviewed and approved through the PlannedUnit Development rezoning process or special exception process.

(3) Design standards. Commercial buildings shall utilize materials that reflect therural character.

i. Building materials. Traditional building materials, such as cedar, clapboardsiding, masonry, stone, brick, wood, or other materials that achieve the samequality in appearance are acceptable. Aluminum, corrugated metal, andshipping containers are prohibited.

ii. Building color. Building colors must be neutral, warm earth tones or subduedpastels. Brighter colors may be utilized on doors, windows, trim, andarchitectural details. The use of black and primary colors is limited to trim.Neon and fluorescent colors are prohibited.

(4) Landscape buffers. All non-residential development must provide a 15’-wideType “B” landscape buffer along private and/or public roadway/easementfrontages, in accordance with Chapter 1-58, Article III. The clustering of trees andshrubs may be permitted.

(5) Signage. Each parcel shall be allowed one (1) freestanding, ground sign not toexceed 32 square feet in sign face area and eight (8) feet in height, and one (1)of the following sign types, not to exceed 16 square feet in sign face area:projecting, wall, or marquee. Electronic and messaging signage is prohibited.

(e) Agricultural use standards. New, non-commercial agricultural uses that areaccessory to principal single-family residential uses may be initiated on parcels zoned RR-WE, subject to the following provisions:

(1) Existing commercial agricultural uses on RR-WE zoned properties may becontinued, until such time as the use is discontinued for a period of one (1)year or more.

(2) Permitted uses include the keeping of domestic farm animals forhousehold use, green houses, and gardens. These uses shall only bepermitted as an accessory use to the residential use.

(3) Domestic farm animals for household use only, may be kept on parcels ofany size in the RR-WE zoning district, provided that the number of animalson a parcel may not exceed the number set forth in the table below.The following list is not cumulative for each parcel with the exception ofpoultry and hogs, which are permitted for each parcel regardless of size.For example, a 1.25-acre parcel is permitted a maximum of one (1) horseor cow, two (2) hogs and ten (10) poultry. A 2.5-acre parcel is permittedone horse and one (1) cow, four (4) hogs, and fifteen (15) poultry.

On parcels not exceeding 1.25 acres:

Allowed per additional 1.25 acres:

(no fractional calculations permitted)

(1) Horses, donkeys and/ or mules 1 1

(2) Cows 1 1

(3) Hogs 2 2

(4) Goats and/or sheep 5 3

(5) Poultry 10 5

(6) 4-H animals, as defined in this chapter, are not subject to these restrictions.

(4) Notwithstanding any other part of this section, the following shall apply to the

keeping of domestic farm animals in the RR-WE zoning district: (i) All animals shall be properly enclosed on the property. (ii) All animals shall be fed, watered, and cared for in a humane and proper

manner. (iii) The keeping of animals under this subsection shall not be done in a manner

which creates a common law nuisance. (iv) Animal waste shall not be allowed to remain on the premises in amounts which

cause a health or environmental hazard. (f) Public participation.

(1) The owner or agent applying for the following types of approvals that are within or nearby the community, as determined by the Planning & Community Development Director, must conduct one (1) public information meeting prior to being scheduled for public hearing(s): a. Comprehensive Plan Amendments

b. Planned unit development zoning actions.

c. Conventional rezoning actions.

d. Special exceptions.

(2) Public information meeting requirements. The applicant is responsible for providing the meeting space and providing notice of the meeting. Hendry County Staff must be notified and in attendance.

Sec. 1-53-3.8. No change.

Sec. 1-53-4. - Dimensional and density regulations.

1-53-4.1. Table of dimensional and density regulations. Table 53-2 sets forth criteria for minimum lot sizes, front, side and rear setback requirements, lot dimensions, and minimum square footage for dwelling units and maximum building heights for the location of structures within the several zoning districts established in this code. Except as specifically allowed elsewhere in this code, no structure may be hereafter built, located, or erected in any zoning district on a lot which does not meet the minimum lot size or minimum lot dimensions set forth in Table 53-2 for the respective zoning districts, or which is located closer to a lot line than the minimum setback distances set forth in Table 53-2 for the respective zoning districts, or which has fewer than the minimum square feet of living area (dwelling units only, not including

porches, sheds or garages) or which exceeds the maximum building heights set forth in Table 53-2. Mobile homes, when allowed in a zoning district, must have a minimum of 500 square feetof floor space as manufactured. All structures must comply with section 1-53-6.13, Airports.

TABLE 53-2. TABLE OF DIMENSIONAL AND DENSITY REGULATIONS

Minimum Setbacks

Minimum Lot Dimensions

District/Use Minimum Lot Size

(1)

Front (feet)

Side (feet)

Rear (feet)

Width (feet)

Depth (feet)

Cover (percent)

Maximum Building Height (feet)

Minimum Dwelling

Size (square

feet)

Minimum Mobile Home Size

(square feet)

A-1, all uses 20 acres 50 50 50 400 — — 35 600 500

A-2, all uses 5 acres (2) 50 25 40 200 200 — 35 600 500

A-3 RR-WE,

Residential Uses (3)

Lot not less than

5 1.1 acres,

35

25 15

35

15 135 200 — 35

800

1,000 —

A-3 AgricultureUses 1 acre 35 15 25 135 200 — 35 800 —

RR-WE

Non Residential Uses (3)

1 acre 25 15 15 135 200 50% 35 ---- -----

RR:

Flaghole 1 acre 40 15 25 150 200 — 35 600 500

Pioneer Plantation 2 acres 40 15 25 150 200 — 35 600 500

Fort Denaud 2 acres 40 15 25 150 200 — 35 600 500

Big Oak Acres Units 1 and 2 5 acres 40 15 25 150 200 — 35 600 500

All others 2 acres 40 15 25 150 200 — 35 600 500

RR-F: Montura 1.10 acres 40 15 25 150 200 — 35 600 500

RG-1 and RG-1M, all uses 1 acre 40 15 25 150 200 — 35 800 500

RG-2 and RG-2M:

a. Single-family dwelling or

mobile home 21,780 sf 35 15 25 100 150 — 35 600 500

b. All other uses 1 acre 40 15 25 150 200 — 35 — —

RG-3 and RG-3M:


mobile home 7,500 sf 25 10 15 75 100 — 35 600 500

b. All other

uses 1 acre 40 15 25 150 200 50 35 — —

RG-4:

a. Single-family dwelling 7,500 sf 25 10 15 75 100 — 35 600 —

b. Two-family dwelling 10,000 sf 40 15 25 100 100 — 35 400 —

c. Townhouse

dwelling:

Interior unit 1,500 sf 15 — 25 20 75 — 35 400 —

End unit 2,500 sf 15 15 25 25 75 — 35 400 —

d. Multifamily 1 acre 40 15 25 150 200 50 35 400 —

e. All other

uses 1 acre 40 15 25 150 200 50 35 — —

C-1, all uses 10,000 sf 40 15 25 100 100 40 35 — —

C-2, all uses 10,000 sf 40 15 25 100 100 40 35 — —

C-3, all uses 10,000 sf 40 15 25 100 100 30 35 — —

I-1, all uses 10,000 sf 40 15 25 100 100 30 35 — —

I-2, all uses 10,000 sf 40 15 25 100 100 30 35 — —

PUD See section 1-53-5

DSAP See section 1-53-7

RDSAP See section 1-53-8

Notes:

(1) Minimum lot size for individual use. Overall residential density and minimum lot sizesmay vary pursuant to pertinent provisions of the comprehensive plan and LDC.

(2) Existing recorded parcels within the agriculture future land use category which are lessthan the minimum five (5) acre lot size for residential uses are considered "vested" forresidential uses as of January 1, 2015. The lots must meet the other provisions of theland development code.

(3) Setbacks shall be from the road right-of-way, easement, or property line, whichever ismore restrictive.

1-53-4.2. Dimensional measurements. No change.

1-53-4.3. No change.

Sec. 1-53-5. - PUD district. No change.

Sec. 1-53-6. - Supplemental regulations. No change.

Sec. 1-53-7. - DSAP district. No change

Sec. 1-53-8. - Rural DSAP district. No change

1

HENDRY COUNTY PLANNING & ZONING DEPARTMENT POST OFFICE BOX 2340 • 640 SOUTH MAIN STREET • LABELLE, FLORIDA 33975 • (863) 675-5240 • FAX: (863) 674-4194

MEMORANDUM

TO: Hendry County Local Planning Agency

FROM: Hendry County Planning & Zoning Department

RE: Land Development Code Amendment – Establishing a Rural Residential - Wheeler Estates (RR-WE) Zoning District and Supplementary Regulations.

DATE OF MEETING: April 10, 2019

BACKGROUND

This is a County initiated amendment to the Land Development Code to create a new Zoning District and regulations for the Wheeler Estates Community. The sections in the LDC to be amended include:

• Chapter 1-53, Zoning, specifically, Section 1-53-2.1, Establishment ofDistricts;

• Section 1-53-2.2, Land Use Classifications; Table 53-1, Table of UseRegulations;

• Section 1-53-3.7 Agricultural Transitional District;• Creating a New Section 1-53-3.7.1, Wheeler Estates Development

Standards; and• Table 53-2, Table of Dimensional and Density Regulations.

The proposed amendments are a result of a Land Use Study funded by the Community Planning Technical Assistance Grant (“Grant”) administered through the Department of Economic Opportunity (“DEO”).

With the assistance of Waldrop Engineering, there have been five (5) community meetings that have established the community’s vision and guided the development of Comprehensive Plan and Land Development Code amendments.

There are three (3) actions as the result of the land use study. One is a comprehensive plan amendment to create a new Future Land Use Category and related policies, two is to create Land Development Code regulations specific to the overall Wheeler Estates. The

Attachment: #2

2

third action is to rezone the parcels currently zoned A-3 and RG-1 to a new zoning district Rural Residential – Wheeler Estates (RR-WE).

Current Zoning Districts

Wheeler Estates consists of five (5) zoning districts including: Agricultural Transitional (A-3), limited areas of Residential Low Density (RG-1), High Intensity Commercial (C-3), Light Industrial (I-1), and General agriculture (A-2) zoning districts. The non-residential lands comprise 226+/-acres — approximately 1% of Wheeler Estates.

The Agricultural Transitional (A-3) zoning district was established specifically for the Wheeler Estates development in 2003 and is codified in LDC Section 1-53-3.7 of the Hendry County LDC. The zoning district includes cumbersome vesting and access provisions that have limited development within the community. The zoning district also limits agricultural uses to horticulture, floriculture, silviculture, and viticulture, i.e. the keeping of livestock for non-commercial or commercial purposes is prohibited. Commercial uses permitted include convenience commercial and general commercial by special exception approval. Light industrial uses are also permitted via the special exception process.

The Residential Low Density (RG-1) district is similar to the A-3 zoning district but has different development standards in terms of lot sizes and setbacks and does not allow for any agricultural uses.

Analysis

Pursuant to the proposed LDC Sections 1-53-3.7 and 1-53-3.7.1, the proposed RR-WE zoning district is intended for lands shown on Exhibit “A”. The zoning district and supplementary regulations are attached as Exhibit “B” and establish a comprehensive set of community-specific development standards for both residential and nonresidential uses in the community. The regulations also provide more flexibility in terms of allowable agricultural uses and set forth performance standards for non-residential uses that correlate to the locational criteria in the companion future land use category. Key changes are as follows:

LDC Section 1-53-3.7 Revised to Delete Agricultural Transitional District to be replaced with the title Wheeler Estates and adding the applicability, permitted uses and prohibited uses.

Permitted Uses. Uses permitted within Wheeler Estates shall consist of single-family residential dwellings, accessory structures, and small-scale agricultural uses that are accessory to permitted residential uses. Limited, neighborhood-scale non-residential uses, institutional uses, and recreational uses are permitted subject to the provisions set forth herein.


3

LDC Section 1-53-3.7.1 is a new section titled “Wheeler Estates Development Standards” that includes minimum design standards that uphold the rural residential character of the area; clarification of infrastructure/access requirements; and, community notification requirements for new development proposals.

Such performance standards require non-residential uses to be located on improved roadways (Wheeler Road, 10th Place, 2nd Place or 16th Terrace); require PUD rezoning process; and apply minimum design standards that enhance and protect the rural character, including building material requirements, landscaping, and signage limitations.

A table is included in the supplementary regulations section to provide the flexibility for the keeping of non-commercial livestock in the RR-WE zoning district. The table specifies the maximum number and type of animal(s) allowed based upon property acreage.

Table 53-2 - Dimensional and Density Regulations

Development standards will remain largely the same as the current A-3 and RG-1 zoning district. Key changes include the reduction of minimum lot size to 1.1 acres to recognize the minimum vested lot size in the community, and the increase of minimum dwelling unit size from 800 square feet to 1,000 square feet.

Consistency with Comprehensive Plan

The companion Comprehensive Plan Amendment seeks to re-designate lands within the Study Area to “Wheeler Estates” future land use category to provide a more appropriate and flexible range of uses for this rural and predominantly residential community. The proposed LDC amendments are consistent with and complimentary to the companion Wheeler Estates future land use category, and the intent of the Hendry County Comprehensive Plan as a whole.

Recommendation

Conduct a public hearing and make a recommendation to the Board of County Commissioners to adopt the LDC amendments as proposed.

Exhibits

A – Proposed Zoning Map B – Proposed LDC Amendments

State Hwy 80

16th Ter

Wheel

er Rd

.

10th Pl

Joel B

lvd

Sentinella Blvd

Colum

bus B

lvd

Mcart

hurB

lvdSunrise Blvd

Wheel

er Rd

.

12Th St E13Th St E

15Th St E

E 8Th St

²

0 2,000 4,000 6,0001,000Feet

WHEELER ESTATESPROPOSED ZONING MAP

LEE C

OUNT

YHE

NDRY

COUN

TY


Proposed ZoningA-1A-2C-2C-3I-1PUDRG-2RG-2MRG-3MRRRR-WE

LEE C

OUNT

Y

HEND

RY C

OUNT

Y

lindsayr

Typewritten Text

EXHIBIT "A"

Chapter 1-53 - ZONING

Sec. 1-53-1. - Zoning map. No change.


1-53-2.1. Establishment of districts. For the purposes of this chapter, the followingzoning districts are hereby established for use within the county:

A-1 Agriculture/Conservation

A-2 General Agriculture

A-3 RR-WE Agriculture Transitional Rural Residential – Wheeler Estates

RR Rural Residential

RR-F Rural Residential Farm

RG-1 Residential/Low Density

RG-1M Residential/Low Density—Mobile Home

RG-2 Residential/Medium Density

RG-2M Residential/Medium Density—Mobile Home

RG-3 Residential/High Density

RG-3M Residential/High Density—Mobile Home

RG-4 Residential/Multifamily

C-1 Convenience Commercial

C-2 General Commercial

C-3 High Intensity Commercial

I-1 Light Industrial

I-2 Heavy Industrial

EXHIBIT "B"

PUD Planned Unit Development

DSAP Detailed Specific Area Plan

RDSAP Rural Detailed Specific Area Plan

***************************************************************************************************

1-53-2.2. Land use classifications. For the purpose of this chapter, the following land usesand activities shall be permitted in the respective districts as provided in table 53-1 (Table of Use Regulations) in section 1-53-3.1, below.

The following definitions are hereby established: Animal, 4-H means an animal raised on a temporary basis as part of the 4-H youth program

administrated by the National Institute of Food and Agriculture of the U.S. Department of Agriculture.

Animal, domestic means any dog, cat, or other historically domesticated companion animal.

Animal, domestic farm for household use means any animal, other than a domestic animal as defined herein, which is normally raised for breeding, harness, riding, food, milk, eggs, or wool for personal consumption.

Animal, commercial means animals raised for commercial purposes.

***************************************************************************************************


1-53-3.1. Table of use regulations. Table 53-1 lists the principal uses which will bepermitted on a parcel or lot in the zoning districts established in this chapter. No person or other entity may place a structure or conduct an activity, or allow a structure or an activity to occur, on land within any zoning district in the county when such use is not a use permitted by right within that zoning district as set forth in table 53-1, except that a structure or activity may be allowed by special exception granted pursuant to the provisions of chapter 1-51 in a zoning district where such structure or use is shown as a use permitted by special exception in table 53-1, and except that a use which is permitted in a zoning district county-wide by a specific provision of this code shall be allowed pursuant to that provision notwithstanding table 53-1. All uses must comply with section 1-53-6.13, Airports.

TABLE 53-1. TABLE OF USE REGULATIONS

Zoning Districts

Land Use or Activity A- A- A-3 RR RR-

RG-1

RG-2

RG-3 RG C- C- C- I- I-2

1 2 RR-WE

F RG-

1M

RG-

2M

RG-

3M

-4 1 2 3 1

(a) Agricultural uses.

(1) Agriculture P P P/4 P/1 P — — — — S S S P P

(2) Agricultural processing — S — — — — — — — — — S P P

(3) Agricultural worker housing — S — — — — — — — — — — — —

(4) Hunting camp P P — — — — — — — — — — — —

(b) Residential uses.

(1) Boardinghouse and roominghouse — — — — — — — S S — — — — —

(2) Community

residential home, major

— — — — — — — P P — — — — —

(3) Community

residential home, minor

P/3

P/3 P/3 P/3 P/

3 P/3 P/3 P/3 P/3 — — — — —

(4) Mobile home P P — P P P P P — S — — — —

(5) Mobile home park — — — — — — — S/2 — — — — — —

(6) Multifamily dwelling — — — — — — — — P — — — — —

(7) Single-family dwelling P P P P P P P P P P — — — —

(8) Townhouse dwelling — — — — — — — — P — — — — —

(9) Two-family dwelling — — — — — — — — P — — — — —

(10) Mixed use development — — — — — — — P/2 P/2 P/

2 P/2

P/2

— —

(11) Nursing home/ACLF — — — — — — — S S — — — — —

(c) Commercial uses.

(1) Convenience commercial — S

S

5 — — — — S S P P P S P

(2) Entertainment establishment — — — — — — — — — — S S — —

(3) General commercial — — S

— — — — — — — — P P S S

(4) High-intensity commercial — — — — — — — — — — S P S S

(5) Professional service or office — —

—

5 — — — — — — P P P P P

(6) Recreational vehicle park — S — — — — — — — — — S — —

(7) Pain management clinic — — — — — — — — — — — S — —

(8) Medical marijuana treatment center

— — — — — — — — — — — — — —

dispensing facility

(d) Industrial uses.

(1) Auto salvage/junkyard — — — — — — — — — — — — — P

(2) Light industry — — S

__ — — — — — — — — — P P

(3) Heavy industry — — — — — — — — — — — — S P

(4) Warehousing/distribution — — — — — — — — — — — — S P

(5) Mining — P/2 — — — — — — — — — — — P/

2

(e) Public, and semipublic uses. and civic uses

(1) Airport/private landing strip S S — — — — — — — — — — S S

(2) Broadcast tower P P S — — — — — — S S S P P

(3) Conservation P P P P P P P P P P P P P P

(4) Essential public utility P P P P P P P P P P P P P P

(5) General recreation S P S S S S S S S P P P P P

(6) Heavy recreation — S — — — — — — — — — — — S

(7) Institution S S S S S S S S S S S S S S

(8) Neighborhood recreation __ P P P P S S S P P P P P P

(9) Public service/public utility S S S S S S S S S S S S S S

— Use not permitted in this district.

P Use permitted by right in this district.

S Use permitted by special exception in this district.

P/1 Use permitted subject to provisions of section 1-53-6.7.

P/2 Use permitted by planned unit development in this district subject to provisions of section 1-53-5.

S/2 Mobile home park by special exception in RG-3M district only.

P/3

A minor community residential home must have a minimum separation of 1,000 feet from another minor community residential home and shall provide the planning and community

development department with a list and location of all licensed facilities in the county to ensure the 1,000 feet separation is met.

P/4 Agriculture Agricultural uses in the A-3 RR-WE district are permitted in accordance with Section 1-53-3.7.1.e. limited to horticulture, floriculture, silviculture, and viticulture.

5 Use allowed by planned unit development in the RR-WE district subject to the provisions of section 1-53-3.7

1-53-3.2. No change.1-53-3.3. No change.1-53-3.4. No change.1-53-3.5. No change.1-53-3.6. No change.1-53-3.7 Agricultural transitional district . Rural Residential Wheeler Estates zoning district.

Applicability. The Rural Residential - Wheeler Estates (RR-WE) zoning district shall apply to those parcels formerly zoned agricultural transitional (A-3) and RG-1 as set forth on the Hendry County Zoning Map, and generally located in the west one-half of Sections 6, 7, 18, 19, 30, and 31, Township 44 South, Range 28 East, Hendry County, Florida. Those parcels located within the aforementioned Sections, Township and Range that are zoned agriculture, industrial and general commercial shall remain in those zoning districts, but may be rezoned to RR-WE by the property owner. Permitted Uses. Uses permitted within Wheeler Estates shall consist of single-family residential dwellings, accessory structures, and small-scale agricultural uses that are accessory to permitted residential uses. Limited, neighborhood-scale non-residential uses, institutional uses, and recreational uses are permitted subject to the provisions set forth herein.


The agricultural transitional district was established specifically for the Wheeler Estates development. The minimum lot size for the agricultural transitional district is five acres, unless the lot received a vested rights determination as a nonconforming lot of record for a lot size less than five acres, or it is one of the 771 lots remaining as of October 22, 2013, which is less than five acres and did not receive a vested rights determination. The lots smaller than five acres remaining as of October 22, 2013, without a vested rights determination are listed in exhibit A to Ordinance No. 2014-02. The lots may be used for the placement of single-family homes provided thatsetbacks and other requirements of the district shall conform to the regulationsestablished herein.

Residential development in this district is limited to single-family homes. Mobile homes are specifically prohibited in this district.

In order to receive a building permit to construct a single-family home in the Wheeler Estates development, the property owner must provide evidence with the building permit application that he/she: 1) has legal access to the property from a public road, and 2) will construct a private driveway in accordance with county specifications unless and until a private road is required to provide access to the property, and 3) will participate in a private road agreement with other landowners to construct a private road to county specifications when development warrants such construction, and 4) that the lot (a) is at least five acres in size, (b) previously received a vested rights determination or (c) is on the list of lots vested by way of Ordinance No. 2014-02.

Further, the property owner must comply with any applicable requirements set forth by the Florida Department of Environmental Protection, the South Florida Water Management District, and/or the East County Water Control District regarding appropriate drainage facilities for the property.

(b)

Applicability. The provisions of this section shall apply in the west one-half of Sections 6, 7, 18, 19, 30, and 31, Township 44 South, Range 28 East, Hendry County, Florida. The zoning

established by Resolution Number 81-18, approved April 14, 1981, Ordinance No. 2002-07, approved January 22, 2002, and Ordinance No. 2002-26, approved September 23, 2002, remains in effect.

1-53-3.7.1 Wheeler Estates Development Standards.

(a ) Minimum access requirements. In order to receive a building permit to construct a single-family home in the Wheeler Estates zoning district the property owner must be able to access his or her parcel by way of 1) a private driveway utilized by no more than three residential parcels meeting the specifications in Sect. 1-53-6.14(b) or 2) a private road meeting the specifications in Sect. 1-53-6.14(a) except paving of the road will not be required. Private roads shall be constructed by the joint efforts of the owners of the residential parcels served by the road or, in the event the affected owners will not or do not construct the private road, the County shall, if it possesses easement rights over all necessary lands, construct the private road and specially assess the owners of the residential parcels served by the road for the costs to construct and maintain the road.

(b) Minimum drainage requirements. The property owner must comply with any applicable requirements set forth by the Florida Department of Environmental Protection, the South Florida Water Management District, and the Lehigh Acres Municipal Services Improvement District regarding appropriate drainage facilities for the property.

(c) Residential use standards. Residential uses shall be the principal use in the RR-WE zoning district. Construction and design standards shall comply with all applicable regulations in the LDC unless superseded herein.

(d) Non-residential use standards. The following standards apply to all development, redevelopment and expansion of existing and permitted non-residential development within its boundaries, unless otherwise specified.

(1) Locational criteria. Non-residential uses must be located on improved roadways meeting the standards set forth in Section 1-53-6.14(a) and must have direct access to one of the following roadways: Wheeler Road, 10th Place, 2nd Place, or 16th Terrace.

(2) Planned unit development rezoning or special exception required. All non-residential development must be reviewed and approved through the Planned Unit Development rezoning process or special exception process.

(3) Design standards. Commercial buildings shall utilize materials that reflect the rural character.

i. Building materials. Traditional building materials, such as cedar, clapboard siding, masonry, stone, brick, wood, or other materials that achieve the same quality in appearance are acceptable. Aluminum, corrugated metal, and shipping containers are prohibited.

ii. Building color. Building colors must be neutral, warm earth tones or subdued pastels. Brighter colors may be utilized on doors, windows, trim, and architectural details. The use of black and primary colors is limited to trim. Neon and fluorescent colors are prohibited.

(4) Landscape buffers. All non-residential development must provide a 15’-wide Type “B” landscape buffer along private and/or public roadway/easement frontages, in accordance with Chapter 1-58, Article III. The clustering of trees and shrubs may be permitted.

(5) Signage. Each parcel shall be allowed one (1) freestanding, ground sign not to exceed 32 square feet in sign face area and eight (8) feet in height, and one (1) of the following sign types, not to exceed 16 square feet in sign face area: projecting, wall, or marquee. Electronic and messaging signage is prohibited.

(e) Agricultural use standards. New, non-commercial agricultural uses that are accessory to principal single-family residential uses may be initiated on parcels zoned RR-WE, subject to the following provisions:

(1) Existing commercial agricultural uses on RR-WE zoned properties may be continued, until such time as the use is discontinued for a period of one (1) year or more.

(2) Permitted uses include the keeping of domestic farm animals for household use, green houses, and gardens. These uses shall only be permitted as an accessory use to the residential use.

(3) Domestic farm animals for household use only, may be kept on parcels of any size in the RR-WE zoning district, provided that the number of animals on a parcel may not exceed the number set forth in the table below. The following list is not cumulative for each parcel with the exception of poultry and hogs, which are permitted for each parcel regardless of size. For example, a 1.25-acre parcel is permitted a maximum of one (1) horse or cow, two (2) hogs and ten (10) poultry. A 2.5-acre parcel is permitted one horse and one (1) cow, four (4) hogs, and fifteen (15) poultry.

On parcels not exceeding 1.25 acres:

Allowed per additional 1.25 acres:

(no fractional calculations permitted)

(1) Horses, donkeys and/ or mules 1 1

(2) Cows 1 1

(3) Hogs 2 2

(4) Goats and/or sheep 5 3

(5) Poultry 10 5

(6) 4-H animals, as defined in this chapter, are not subject to these restrictions.

(4) Notwithstanding any other part of this section, the following shall apply to the

keeping of domestic farm animals in the RR-WE zoning district: (i) All animals shall be properly enclosed on the property. (ii) All animals shall be fed, watered, and cared for in a humane and proper

manner. (iii) The keeping of animals under this subsection shall not be done in a manner

which creates a common law nuisance. (iv) Animal waste shall not be allowed to remain on the premises in amounts which

cause a health or environmental hazard. (f) Public participation.

(1) The owner or agent applying for the following types of approvals that are within or nearby the community, as determined by the Planning & Community Development Director, must conduct one (1) public information meeting prior to being scheduled for public hearing(s): a. Comprehensive Plan Amendments

b. Planned unit development zoning actions.

c. Conventional rezoning actions.

d. Special exceptions.

(2) Public information meeting requirements. The applicant is responsible for providing the meeting space and providing notice of the meeting. Hendry County Staff must be notified and in attendance.

Sec. 1-53-3.8. No change.

Sec. 1-53-4. - Dimensional and density regulations.

1-53-4.1. Table of dimensional and density regulations. Table 53-2 sets forth criteria for minimum lot sizes, front, side and rear setback requirements, lot dimensions, and minimum square footage for dwelling units and maximum building heights for the location of structures within the several zoning districts established in this code. Except as specifically allowed elsewhere in this code, no structure may be hereafter built, located, or erected in any zoning district on a lot which does not meet the minimum lot size or minimum lot dimensions set forth in Table 53-2 for the respective zoning districts, or which is located closer to a lot line than the minimum setback distances set forth in Table 53-2 for the respective zoning districts, or which has fewer than the minimum square feet of living area (dwelling units only, not including

porches, sheds or garages) or which exceeds the maximum building heights set forth in Table 53-2. Mobile homes, when allowed in a zoning district, must have a minimum of 500 square feet of floor space as manufactured. All structures must comply with section 1-53-6.13, Airports.

TABLE 53-2. TABLE OF DIMENSIONAL AND DENSITY REGULATIONS

Minimum Setbacks

Minimum Lot Dimensions

District/Use Minimum Lot Size

(1)

Front (feet)

Side (feet)

Rear (feet)

Width (feet)

Depth (feet)

Cover (percent)

Maximum Building Height (feet)

Minimum Dwelling

Size (square

feet)

Minimum Mobile Home Size

(square feet)

A-1, all uses 20 acres 50 50 50 400 — — 35 600 500

A-2, all uses 5 acres (2) 50 25 40 200 200 — 35 600 500

A-3 RR-WE,

Residential Uses (3)

Lot not less than

5 1.1 acres,

35

25 15

35

15 135 200 — 35

800

1,000 —

A-3 Agriculture Uses 1 acre 35 15 25 135 200 — 35 800 —

RR-WE

Non Residential Uses (3)

1 acre 25 15 15 135 200 50% 35 ---- -----

RR:

Flaghole 1 acre 40 15 25 150 200 — 35 600 500

Pioneer

Plantation 2 acres 40 15 25 150 200 — 35 600 500

Fort Denaud 2 acres 40 15 25 150 200 — 35 600 500

Big Oak Acres Units 1 and 2 5 acres 40 15 25 150 200 — 35 600 500

All others 2 acres 40 15 25 150 200 — 35 600 500

RR-F: Montura 1.10 acres 40 15 25 150 200 — 35 600 500

RG-1 and RG-1M, all uses 1 acre 40 15 25 150 200 — 35 800 500

RG-2 and RG-2M:


mobile home 21,780 sf 35 15 25 100 150 — 35 600 500

b. All other uses 1 acre 40 15 25 150 200 — 35 — —

RG-3 and RG-3M:


mobile home 7,500 sf 25 10 15 75 100 — 35 600 500

b. All other

uses 1 acre 40 15 25 150 200 50 35 — —

RG-4:

a. Single-family dwelling 7,500 sf 25 10 15 75 100 — 35 600 —

b. Two-family dwelling 10,000 sf 40 15 25 100 100 — 35 400 —

c. Townhouse

dwelling:

Interior unit 1,500 sf 15 — 25 20 75 — 35 400 —

End unit 2,500 sf 15 15 25 25 75 — 35 400 —

d. Multifamily 1 acre 40 15 25 150 200 50 35 400 —

e. All other

uses 1 acre 40 15 25 150 200 50 35 — —

C-1, all uses 10,000 sf 40 15 25 100 100 40 35 — —

C-2, all uses 10,000 sf 40 15 25 100 100 40 35 — —

C-3, all uses 10,000 sf 40 15 25 100 100 30 35 — —

I-1, all uses 10,000 sf 40 15 25 100 100 30 35 — —

I-2, all uses 10,000 sf 40 15 25 100 100 30 35 — —

PUD See section 1-53-5

DSAP See section 1-53-7

RDSAP See section 1-53-8

Notes:

(1) Minimum lot size for individual use. Overall residential density and minimum lot sizes may vary pursuant to pertinent provisions of the comprehensive plan and LDC.

(2) Existing recorded parcels within the agriculture future land use category which are less than the minimum five (5) acre lot size for residential uses are considered "vested" for residential uses as of January 1, 2015. The lots must meet the other provisions of the land development code.

(3) Setbacks shall be from the road right-of-way, easement, or property line, whichever is more restrictive.

1-53-4.2. Dimensional measurements. No change. 1-53-4.3. No change. Sec. 1-53-5. - PUD district. No change.

Sec. 1-53-6. - Supplemental regulations. No change. Sec. 1-53-7. - DSAP district. No change Sec. 1-53-8. - Rural DSAP district. No change

1

HENDRY COUNTY PLANNING

& ZONING DEPARTMENT POST OFFICE BOX 2340 • 640 S. MAIN STREET • LABELLE, FLORIDA 33975 • (863) 675-5240 • FAX: (863) 674-4194

March 6, 2019 Sent via certified U.S. Mail & Regular Mail RE: Map Amendment Comprehensive Plan Amendment –Wheeler

Estates CPA19-0001 Physical address: Wheeler Estates, LaBelle, FL (see locator map below, various

parcels) Dear Property Owner: This notice is being sent to you in accordance with Section 1-50-10.1 of the Hendry County Land Development Code (LDC). This letter is to serve as official notification that Hendry County Board of County Commissioners, are requesting to amend the Future Land Use Element Text and Map of the Hendry County Comprehensive Plan to create a new land use designation to be known as Wheeler Estates. (CPA19-0001) area locator map on last page. This request will be addressed by the Local Planning Agency (LPA) on March 20, 2019 at 6:00 PM, at the Hendry County Courthouse, Commission Chambers, 25 East Hickpochee Ave, La Belle, FL, and by the Board of County Commissioners (BCC) on March 26, 2019 at 5:00 p.m., at the Hendry County Courthouse, Commission Chambers, 25 E. Hickpochee Ave., LaBelle, Florida. You may appear at these meetings and voice any questions, comments or objections to the above-mentioned application. Interested parties may appear at the meeting and be heard with respect to the matter. If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Please be advised that under Section 1-51-10 of the LDC, if you wish to participate as a “party-intervenor” at a public hearing, you must file a notice so stating with the Planning & Zoning Department at least three business days prior to the public hearing. Becoming a party-intervenor gives you greater rights to participate at the public hearing. However, you do not have to become a party-intervenor in order to speak at the public hearing. If you have any questions about party-intervenor status, you may contact Myra Johnson at (863) 675-5240

2

Si necesita la asistencia de un intérprete que hable español para participar en esta reunión, por favor póngase en contacto con Myra Johnson al (863) 675-5240. Hendry County is an equal opportunity provider and employer. For any other questions about this application, my contact information is listed below: Hendry County Planning & Zoning Department PO Box 2340 Phone: 863.675.5240 LaBelle, Florida 33975 Fax: 863.674.4194 E-Mail: [email protected] Sincerely, Myra Johnson, Planning and Zoning Coordinator

1

HENDRY COUNTY PLANNING

& ZONING DEPARTMENT POST OFFICE BOX 2340 • 640 S. MAIN STREET • LABELLE, FLORIDA 33975 • (863) 675-5240 • FAX: (863) 674-4194

March 6, 2019 Sent via certified U.S. Mail & Regular Mail RE: Rezone – Wheeler Estates RZ19-0003 Physical address: Wheeler Estates, LaBelle, FL (see locator map below, various

parcels) Dear Property Owner: This notice is being sent to you in accordance with Section 1-50-10.1 of the Hendry County Land Development Code (LDC). This letter is to serve as official notification that Hendry County Board of County Commissioners, are requesting to rezone land from Agriculture Transitional (A-3) and Residential Low Density (RG-1) to Rural Residential Wheeler Estates (RR-WE). (RZ19-0003) area locator map on last page. This request will be addressed by the Local Planning Agency (LPA) on March 20, 2019 at 6:00 PM, at the Hendry County Courthouse, Commission Chambers, 25 East Hickpochee Ave, La Belle, Florida. You may appear at these meetings and voice any questions, comments or objections to the above-mentioned application. Interested parties may appear at the meeting and be heard with respect to the matter. If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Please be advised that under Section 1-51-10of the LDC, if you wish to participate as a “party-intervenor” at a public hearing, you must file a notice so stating with the Planning & Zoning Department at least three business days prior to the public hearing. Becoming a party-intervenor gives you greater rights to participate at the public hearing. However, you do not have to become a party-intervenor in order to speak at the public hearing. If you have any questions about party-intervenor status, you may contact Myra Johnson at (863) 675-5240 Si necesita la asistencia de un intérprete que hable español para participar en esta reunión, por favor póngase en contacto con Myra Johnson al (863) 675-5240.

2

Hendry County is an equal opportunity provider and employer. For any other questions about this application, my contact information is listed below: Hendry County Planning & Zoning Department PO Box 2340 Phone: 863.675.5240 LaBelle, Florida 33975 Fax: 863.674.4194 E-Mail: [email protected] Sincerely, Myra Johnson, Planning and Zoning Coordinator

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