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HENDRY COUNTY PLANNING &

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

HENDRY COUNTY LOCAL PLANNING AGENCY

February 8, 2017

Hendry County Courthouse

LaBelle, FL

6:00 P.M.

Meeting Agenda

I Call to Order

II Pledge of Allegiance

III Roll call

IV Staff Comments

Appointment of Chair and Vice Chair

Quorum for the March 8, 2017 meeting

Approval of November 9, 2016 minutes

V Public Hearings

A. Petition Number: N/A

Applicant: Hendry County Board of County Commissioners represented

by Margaret Emblidge, AICP

Location: N/A

Project size: N/A

Request: The applicant is requesting an up to nine-month moratorium on

on Medical Marijuana Dispensing Facilities and Medical

Marijuana Treatment Centers.

VI Workshop Discussion on potential amendments to the Hendry County

zoning and land use regulations in the Land Development Code

and the Comprehensive Plan

VII Public Comments

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VIII LPA Comments

IX Adjourn

PUBLIC COMMENT WILL BE ALLOWED AT THE TIME EACH AGENDA ITEM IS

BEING CONSIDERED. IF YOU WISH TO SPEAK, YOU WILL NEED TO MAKE THE

CHAIR AWARE. 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 IF YOU MAKE THE CHAIR

AWARE OF 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 IF ANY MEMBER OF THE PUBLIC WISHES TO SPEAK.

INTERESTED PARTIES MAY APPEAR AT THE MEETINGS AND BE HEARD WITH

RESPECT TO ANY ITEM. 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.

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Hendry County

Local Planning Agency Minutes

_______________________________________________________________________ Hendry County Courthouse, County Commission Chambers 25 E. Hickpochee Ave. LaBelle, FL 33935

November 9, 2016 6:00 pm

LPA Members Present: Margie Nelson; Victor Blandford; Orvell Howard; Richard Yoraschek; Dave Caster; Scott Cooper

LPA Members Not Present: N/A County Staff Present: Mark Lapp, County Attorney; Shane Parker, P.E.,

Public Works Director; Margaret Emblidge, AICP, Planning and Community Development Director; Myra Johnson, Planning and Zoning Coordinator

ITEM 1: CALL TO ORDER The meeting was called to order by Chair Orvell Howard at 6:00 pm. ITEM 2: PLEDGE OF ALLEGIANCE The pledge of allegiance was recited. ITEM 3: ROLL CALL

Myra Johnson recited the roll call of members present.

ITEM 4: STAFF COMMENTS

Ms. Emblidge asked the members if they were available for the December

14th meeting. The members present indicated that they were available

for the meeting.

Ms. Emblidge stated that the next item on the agenda was approval of

the October 8, 2015 minutes. Mr. Caster stated that he had the following

corrections. Page 2 1st paragraph line 6 change planning to plan on, page

3 the last paragraph the 1st sentence delete the word for, and page 7 1st

paragraph delete the word that from the last sentence. Mr. Howard

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asked for approval of the October 8, 2015 minutes, motion for approval

with changes requested by Mr. Caster, second by Mr. Cooper. Motion

passed 6-0.

Mr. Howard asked for approval of the October 29, 2015 minutes, motion

for approval by Mr. Caster, second by Mr. Blandford. Motion passed 6-0.

Mr. Howard asked for approval of the December 10, 2015 minutes,

motion for approval by Mr. Caster, second by Ms. Nelson. Motion passed

6-0.

ITEM 5: PUBLIC HEARINGS A. Petition Number: SE16-0001

Landowner/Applicant: Kamrul Khan, represented by Scott Jones, P.E. Johnson-Prewitt and Associates, Inc.

Mr. Howard introduced the petition and explained that the applicant is requesting a special exception to allow a slaughter house. Mr. Howard stated that the agenda states that the project is on 2 tenth of an acre and Ms. Emblidge explained that the agenda was incorrect the property is 20 acres. This information was incorrect on the agenda but is correct on the staff report. Mr. Cooper asked staff what the considerations are taken in recommending a slaughter house. Ms. Emblidge explained that staff did some research and communicated with someone from the USDA who will be licensing and inspecting the property. They provide documents on the procedures that the applicant would have to follow to operate as a slaughter house. From a land use perspective staff looked at the location of the barn and it will have to be improved to accommodate the mechanical parts of the operation. Certain drainage is involved so that it does not leave the property into any public water ways. Staff also looked at the impact to traffic and hours of operation as well as the existing buffering. Mr. Cooper asked about waste water and waste and its disposal off the property. Ms. Emblidge explained that the intent of staff’s recommendation was that any of the excess waste which is not any of the “product” that will be consumed would have to be properly handled by a licensed contractor that disposes of such waste. It would have to be taken off-site.

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Mr. Cooper asked who the regulatory agencies for the pre-existing slaughter houses in the county are. Ms. Emblidge explained it is the USDA. Mr. Jones the agent for the applicant made his presentation to the LPA. Mr. Yoraschek asked if this was going to be like a butcher shop. Mr. Jones said it was not. The meat that’s processed will be hauled off site for sale, with the exception for two yearly festivals where they will come to pick up the meat on site. Mr. Caster asked who owns the property to the west and are they full time residents. Mr. Jones explained that he didn’t know who lives there, but there is a trailer and a locked gate. He stated it appears that the property is visited regularly. Mr. Howard asked Mr. Jones if his applicant was okay with staff’s recommendations and Mr. Jones stated they were. Mr. Blandford asked if it will be a daily operation, except for the 2 religious days that are exempt from the daily operations. Mr. Jones explained that the main impetus for the request is for the 2 yearly festivals, but as long as they are making the effort to create a slaughter house facility they can slaughter some animals throughout the year. This is a small scale use. Mr. Howard asked what the holiday events were and Mr. Jones explained that it is a religious holiday that occurs twice a year and is based on the lunar calendar therefore the dates change yearly. Mr. Caster asked if the festivals will be held at the property. Mr. Jones said no. Mr. Cooper made for a motion for approval, second by Mr. Caster. Motion passed with a 6-0 vote.

ITEM 6: LPA Comments N/A ITEM 7: ADJOURN The meeting adjourned at 6:16 p.m.

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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

FR: Margaret Emblidge, AICP

RE: Ordinance restricting Medical Marijuana Dispensaries and Medical Marijuana

Treatment Centers

DATE: February 8, 2017

BACKGROUND

On November 8, 2016, a proposed amendment to the Florida Constitution, titled “Use of

Marijuana for Debilitating Medical Conditions” (“Amendment 2”) was adopted. This

amendment further legalizes the medical use of marijuana throughout the State of Florida

for those individuals with specified “debilitating” conditions. Amendment No. 2 also

authorized the cultivation, processing, distribution and sale of marijuana and related

activities by licensed “Medical Marijuana Treatment Centers”. The state legislature will

be establishing the rules and regulations for such businesses when they meet in the March

– May timeframe. See attached newsletter.

At the December 13, 2016 Board of County Commissioner’s meeting, the Board directed staff to

prepare an ordinance to impose an up to nine (9) month moratorium on permitting Medical

Marijuana Dispensaries and Medical Marijuana Treatment Centers. The purpose of the

moratorium is to allow staff time to prepare specific regulations pertaining to these uses.

Staff would look at applying similar regulations previously adopted for Pain Management

Clinics. The regulations would address appropriate locations and separation from

residences, schools, churches, and daycares, for example. In addition, this moratorium

would allow for the review of any additional Department of Health regulations that may

be enacted.

The proposed ordinance includes amendments to Land Development Code Section 1-53-

2.2, Land Use Classifications creating definitions for Medical Marijuana Dispensaries

and Medical Marijuana Treatment Centers and Section 53-1, Table of Use Regulations

adding these uses to the table under the Commercial category but prohibiting the uses in

all zoning districts.

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For background information, Staff has attached two (2) informational sheets from the

Department of Health Office of Compassionate Use.

RECOMMENDATION

Conduct a public hearing on the attached ordinance and make a recommendation to the

Board of County Commissioners.

ATTACHMENT

1. Proposed Ordinance

2. Florida Department of Health Office of Compassionate Use Information Sheet

3. Florida Department of Health Office of Compassionate Use Newsletter

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COUNTY OF HENDRY, STATE OF FLORIDA

ORDINANCE NO. 2017 - ______

RECORDED IN ORDINANCE BOOK______, PAGE______

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF HENDRY

COUNTY, FLORIDA, ENACTING A NINE MONTH MORATORIUM UPON THE

ACCEPTANCE OF ZONING AND BUILDING APPLICATIONS AND ALL

APPLICABLE REQUESTS FOR ZONING OR BUILDING APPROVAL FOR

MEDICAL MARIJUANA DISPENSING FACILITIES AND MEDICAL MARIJUANA

TREATMENT CENTERS BY AMENDING THE HENDRY COUNTY LAND

DEVELOPMENT CODE, SPECIFICALLY SECTION 1-53-2.2 LAND USE

CLASSIFICATIONS, TABLE 53-1 TABLE OF USE REGULATIONS AND CREATING

SECTION 1-53-3.8 MEDICAL MARIJUANA DISPENSING FACILITIES AND

TREATMENT CENTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR

CONFLICTS OF LAW; PROVIDING FOR CODIFICATION, INCLUSION IN CODE

AND SCRIVENER’S ERRORS; 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

the goals and objectives of the Hendry County Comprehensive Plan; and

WHEREAS, the County has determined there is a need to amend the Land Development

Code to establish regulations concerning Medical Marijuana Dispensing Facilities and Medical

Marijuana Treatment Centers; and

WHEREAS, in 2014 the Florida Legislature enacted a medical marijuana law, the

"Compassionate Medical Cannabis Act of 2014" (codified as §381.986, Florida Statutes)

which authorizes a very limited number of large nurseries to cultivate, process, transport

and dispense non-euphoric, low-THC cannabis and operate as "Dispensing

Organizations" for individuals with certain specified serious ailments; and

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WHEREAS, the Florida Legislature in its 2016 session amended the

Compassionate Medical Cannabis Act (§381.986) to include the use of "medical

cannabis" for eligible patients with terminal conditions; and

WHEREAS, on November 8, 2016, Florida's voters approved an amendment to

the Florida Constitution, titled "Use of Marijuana for Debilitating Medical Conditions"

("Amendment 2"); and

WHEREAS, Amendment 2 fully legalizes the medical use of marijuana

throughout the State of Florida for those individuals with specified "debilitating" medical

conditions, and would authorize the cultivation, processing, distribution and

dispensing of marijuana and related activities by licensed "Medical Marijuana Treatment

Centers"; and

WHEREAS, Hendry County does not currently have any land development

regulations governing the use of real property for purposes of distributing or dispensing

marijuana or related activities and such uses are neither lawfully existing nor

permissible within the County; and

WHEREAS, in order to promote effective land use planning if a distributing or

dispensing organization should seek to operate within the County, the County wishes to

preserve the status quo while researching, studying and analyzing the potential impact

of Medical Marijuana Dispensing Facilities and Medical Marijuana Treatment Centers

upon nearby properties; and

WHEREAS, the County finds that a temporary moratorium for up to nine (9)

months on the operation of Medical Marijuana Dispensing Facilities and Medical

Marijuana Treatment Centers will allow County staff sufficient time to determine what uses are

best suited to particular zoning categories and how best to formulate land development

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regulations that appropriately govern the use of real property for purposes of distributing or

dispensing marijuana or related activities; and

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; and

WHEREAS, the County hereby finds this ordinance to be necessary to protect the

public health, safety, and welfare.

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

Hendry County:

SECTION ONE. Section 1-53-2.2 and Table 53-1 are hereby amended, and Section

1-53-3.8 is hereby created, in accordance with Exhibit A 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

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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,

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 February, 2017.

BOARD OF COUNTY COMMISSIONERS

ATTEST: OF HENDRY COUNTY, FLORIDA

____________________________ _____________________________

Barbara Butler, Clerk Michael Swindle, Chairman

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EXHIBIT A

Chapter 1-53 – Zoning

Sec. 1-53-1. – No Change

Sec. 1-53-2. – No Change

Sec. 1-53-2.1. - No Change

Sec.1-53-2.1A. - No Change

1-53-2.2. Land use classifications. For the purpose of this chapter, the following land uses and 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:

Accessory use or structure means a use or structure of a nature customarily incidental and subordinate to the principal use or structure and unless otherwise provided, on the same premises. "On the same premises," with respect to accessory uses and structures shall be construed as meaning on the same lot in the same ownership. Where a building is attached to the principal building, it shall be considered a part thereof, and not an accessory building.

Adult congregate living facility (ACLF) means a type of residential care facility, defined in F.S. ch. 400, pt. II.

Agricultural processing means an industrial use specifically associated with producing, harvesting, processing or marketing of agricultural products.

Agricultural worker housing means dwelling units intended for occupancy by persons engaged in agriculture or agricultural processing activities and by families of workers.

Agriculture means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture (beekeeping), horticulture (plants), floriculture (flowers), silviculture (trees), orchards, groves, viticulture (grapes), animal and poultry husbandry, specialty farms, confined feeding operations and the necessary accessory uses for packing, processing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.

Apartment building means a building that is used or intended to be used as a home or residence for three or more families living in separate quarters with at least one common wall between units. Units are commonly arranged in multi-story buildings and all do not have ground floor or individual entries to the outside.

Auto salvage/junkyard means a place where the principal activity is the outside storage and/or processing of wrecked or derelict property having no value other than the nominal salvage value, including wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, appliances, furniture, and any other similar article. Storage of more than three inoperable vehicles constitutes a junkyard. In addition, an individual who is restoring, not for profit, a classic or antique vehicle, may have three inoperable vehicles parked on his premises in a fully enclosed building or a back yard completely enclosed by opaque fencing, as long as they are of the same make and model of the vehicle he is restoring.

B and B means bed and breakfast inn. These type lodgings are single-family homes converted to inns with one or more rooms to rent for an overnight stay for the traveling public; and, are typically found in historic districts or in homes that are historic in nature. The proprietors live on the premises and include breakfast in the price of an overnight stay.

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Big box retailers or wholesalers means large stores (e.g. Target, WalMart, Costco, and Sam's Club) that sell a variety of goods and services all in one building that may include a combination of goods traditionally sold at retail general stores, hardware stores, plant nurseries, grocery stores, office supply stores, sewing and hobby shops, appliance and stereo stores; and may include selling services such as photography studios, optical centers, barber/beauty shops, travel agencies, and restaurants. These stores can be retail sales only or wholesale sales that require a membership.

Boardinghouse and rooming house means a building other than a hotel, motel, or restaurant, where meals or lodging are provided for a fee for three or more unrelated persons and where no cooking or dining facilities are provided in individual rooms. These type facilities differ from B and B's because they are typically rented to semi-permanent residents rather than the traveling public and for longer stays than one or two nights.

Community residential home, major, means a dwelling unit licensed to serve clients of the state department of health and rehabilitative services, which provides a living environment for seven to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents.

Community residential home, minor, means a community residential home designed to serve fewer than seven residents.

Conservation means a use intended to preserve the natural condition of land or water, including buffering of natural areas from other uses. Conservation uses include, but are not limited to, preserves for vegetation and wildlife habitat, habitats for threatened and endangered species or species of special concern, wetlands, sensitive shorelines, and archaeological and historical sites. The definition includes certain activities and improvements which are consistent with the use and protection of conservation areas, including, but not limited to, facilities for scientific and educational study and passive recreation (such as hiking and nature trails).

Convenience commercial means a retail establishment having an enclosed building area of less than 5,000 square feet, or a group of such establishments not exceeding 15,000 square feet in the aggregate, designed to serve the immediate shopping and service needs of persons within a very small area, including convenience stores (with or without gasoline sales), coin laundries, restaurants, and similar facilities.

Detailed specific area plan (DSAP) is a local development order, pursuant to F.S. § 163.3245(3)(b), which implements all or part of a sector plan's long term master plan. An approved DSAP shall be reflected as a "DSAP district" on the county's zoning map.

Duplex or two-family dwelling unit means a building consisting of two separate dwelling units, each with its own outside entrance.

Dwelling, multifamily, means a residential structure containing two or more separate dwelling units.

Dwelling, single-family, means a residential structure built on- or off-site pursuant to standards of construction set forth in chapter 1-58 of this code and consisting of one dwelling unit.

Dwelling, townhouse, means a group of three or more but not more than eight dwelling units which are arranged in a row and each of which is joined to the adjacent unit by a common party wall, and each of which shall have its own outside entrance.

Dwelling, two-family, means a building consisting of two separate dwelling units, each with its own outside entrance.

Entertainment establishment means any tavern, bar, lounge, dancehall, live or motion picture theater, establishment offering live entertainment of any kind, or any establishment the primary activity of which is the sale or rental of sexually oriented books, magazines, videotapes, or devices.

Essential public or utility facility means a component of the distribution or collection system for a utility or communication system, such as water and sewer lines, electric lines, telephone or cable

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television lines, but not including substations, switching stations, or treatment facilities which are defined as "public service/public utility uses."

Family means: (a) An individual, or two or more persons related by blood, marriage, or adoption; which include only spouse, children, stepchildren, foster children, parents, stepparents, foster-parents, brothers, sisters, grandparents, and stepgrandparents; living together as a single household unit, or; (b) a group of not more than five persons, who need not be related by blood, marriage, or adoption, living together as a single household unit.

Final permit means a permit for land development activity which actually authorizes commencement of construction or development activity, specifically including: building permits, final subdivision plat approval, site development plan approval and site improvement plan approval.

Floor area ratio (FAR) means a measurement of the intensity of buildings developed on the site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas (square footage) of all buildings on the site and dividing that figure by the gross land area.

Floriculture means the cultivation of flowering plants.

General commercial includes a variety of general commercial, commercial recreational, entertainment, and related activities. This category includes the following specific uses, and all substantially similar uses:

(1) Arcades, billiards/pool parlors, bowling alleys, indoor recreation centers and gymnasiums/spas/health clubs.

(2) Commercial or trade schools, including dance and martial arts studios.

(3) Department stores and other retail stores.

(4) Funeral homes and mortuaries.

(5) Automobile accessory and parts stores and hardware stores without outside storage.

(6) Grocery stores, supermarkets, convenience stores and specialty food stores (such as meat markets and bakeries).

(7) Hotels and motels.

(8) Service businesses such as blueprint, printing, catering, tailoring, travel agencies, upholstery shops, laundries/dry cleaners, and light mechanical repair stores (such as camera, TV, or bicycle repair shops).

(9) Restaurants, other than those with drive-through facilities.

(10) Shopping centers.

(11) Theaters and auditoriums.

(12) Retail plant nurseries.

(13) Veterinary offices and animal hospitals, provided the facility has no outside kennels.

(14) Financial institutions.

General recreation means an outdoor recreational activity such as: golf courses, miniature golf courses, golf driving ranges, stables and horse riding areas, marinas, boat docks, boat ramps, fishing piers, community swimming pools, and similar recreational activities, along with community halls, and structures associated with these activities. Specifically excluded are firing ranges and facilities associated with motor sports.

Heavy industry means those businesses and activities involving manufacturing, processing, storage, warehousing, and distribution of goods, including outdoor storage and any industrial activity which is conducted outdoors.

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Heavy recreation means an outdoor recreational activity which is noisy, creates dust or fumes, and/or creates dangers to others in the area, and specifically includes firing ranges and facilities for motor sports.

High intensity commercial means those activities which require outdoor storage, have higher trip generations than general commercial uses listed above, or have the potential for greater nuisance to adjacent properties due to noise, light and glare, or typical hours of operation. This group of uses includes the following list of specific uses and all substantially similar activities:

(1) Vehicle sales, rental, service, and repair, including truckstops, body shops, road services, carwash facilities, and the sales, rental, repair and service of new or used automobiles, boats, buses, farm equipment, motorcycles, trucks, recreational vehicles, and mobile homes.

(2) Gasoline sales and service, combination gasoline sale and food marts, and similar facilities.

(3) Restaurants with drive-through facilities.

(4) Roadside produce stands, temporary or permanent.

(5) Veterinary offices and animal hospitals with outside kennels.

(6) Storage yards for equipment, machinery, and supplies for building and trades contractors.

(7) Flea markets or similar outdoor or indoor/outdoor sales complexes.

(8) Garbage hauler garage and storage facilities.

(9) Building, farm, and garden supply facilities.

Home occupation means an occupation for gain or support conducted primarily by immediate members of a family residing in a dwelling. In general, home occupation shall include, but not be limited to: professional and personal services, such as are furnished by a dentist, lawyer, artist, sculptor, painter, beauty operator (not a beauty parlor), seamstress, music instructor, telephone answering service, an individual designer's studio, mail order business or millinery activities and the like. The following uses are not home occupations: medical clinics; financial institutions; sales offices or industrial uses; commercial daycares or commercial childcare.

Horticulture means the growing of flowers, fruits and vegetables for commercial purposes.

Institution includes educational facilities (public or private), preschool and day care facilities, churches, cemeteries without funeral homes, community centers, fraternal lodges, hospitals, religious retreats, assisted living facilities and all other similar uses.

Light industrial means those businesses involving manufacturing, processing, storing, warehousing, or distributing goods, and not involving uses that primarily require outdoor storage or industrial activity which is conducted outdoors. Included in this category are uses that primarily require indoor storage or industrial activity, which is conducted indoors.

Manufactured home refers to any home factory-built in the United States to the federally regulated HUD Title 6 construction standards (commonly known as "the HUD Code"). The HUD Code took effect June 15, 1976 and provides the design and construction requirements for the complete production of the entire home in the factory, with some modifications permitted for on-site completion. A HUD coded home will display documentation called the certification label and the data plate. Removal of these documents is illegal, as per the HUD Title 6 regulations. They are not replaceable. The data plate contains the manufacturer's name and address, the style, design conditions, appliance installation system identification, and other pertinent information. It must be permanently affixed inside the home in a readily visible/accessible location.

Medical or dental office means an establishment where patients, who are not lodged overnight, are admitted for examination or treatment by persons practicing any form of healing or health-building services whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession, the practice of which is lawful in the State of Florida. A pain management clinic shall not be considered a medical or dental office.

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Medical Marijuana Dispensing Facility means a facility approved by the Florida Department of Health to dispense low-THC cannabis or medical cannabis pursuant to Florida Statutes Section 381.986 and is registered by the Florida Department of Health.

Medical Marijuana Treatment Center means an entity that sells, distributes, dispenses or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Florida Department of Health.

Mining means surface mining, rock quarries, strip mining, borrow pits, and any other natural resource extraction activities. Buildings and businesses for the refinement, processing, packaging, and transportation of extracted materials are included in this group of uses. Pre-production and exploratory drilling activities are not included.

Mini-warehouse means a self-service facility consisting of individual self-contained units used for storage and no other purpose, plus an office/residence for a manager.

Mixed-use development means a type of development that includes both residential and nonresidential uses and requires a planned unit development rezoning.

Mobile home commonly refers to a factory-built home produced before June 15, 1976, or pre-HUD Code, and not built to a uniform construction code.

Modular building is defined in Rule 9B-1, Florida Administrative Code (FAC) as a "closed construction" structure, building assembly, or system of subassemblies, manufactured for installation or erection, as a finished building or as part of a finished building, which shall include, but not be limited to, residential, commercial, institutional, storage, and industrial structures. These sectional, prefabricated units consist of multiple modules or sections which are factory-built and constructed to standards promulgated by the Florida Building Commission, bearing a Department of Community Affairs Insignia. Modular buildings constructed on or after March 1, 2002 are required to comply with all technical and applicable administrative sections of the 2001 Florida Building Code and all subsequent revisions and supplements in effect at the time of construction. Buildings built prior to March 1, 2002 must comply with the applicable code in effect at the time of construction. The term also includes buildings not intended for human habitation, such as lawn storage buildings and storage sheds.

Neighborhood recreation means any outdoor recreational activity which is oriented to the needs of persons living in fairly close proximity and specifically includes playgrounds, playfields, ball parks, tennis and basketball courts, and facilities for jogging and cycling.

Nursing home means a facility for extended care at a level of medical care less than that delivered in a hospital, but greater than is available in an assisted living facility.

Open space means undeveloped lands suitable for passive recreation or conservation uses.

Pain management clinic shall mean the same as the definition found in F.S. (2011) § 458.3265(1)(a), as may be amended from time to time. Notwithstanding this definition, the use of the words "wellness center" and "detox center" shall not exempt clinics, facilities or offices which advertise in any medium for any type of pain management services, or employ a medical or osteopathic physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications, from this definition. Such definition shall not include any of the following:

(1) A clinic that is licensed as a facility pursuant to F.S. ch. 395; or

(2) A clinic where a majority of the physicians who provide services in the clinic primarily provide surgical services; or

(3) A clinic that is owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded $50,000,000.00; or

(4) A clinic that is owned by, leased by or contractually affiliated with an accredited medical school at which training is provided for medical students, residents, or fellows; or

(5) A clinic that does not prescribe or dispense controlled substances for the treatment of pain; or

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(6) A clinic that is owned by a corporate entity exempt from federal taxation under 26 U.S.C. § 501(c)(3); or

(7) A facility that is owned or operated by a chiropractic physician licensed under F.S. ch. 460, and does not contract or employ a physician licensed under F.S. ch. 458 or 459, who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications for the treatment of chronic nonmalignant pain; or

(8) A clinic that is associated with a not-for-profit hospice care provider.

Parcel of land means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

Planned unit development (PUD) means a form of development, usually characterized by a unified site design, for any combination of the following: a number of housing units; clustering buildings; commercial buildings; industrial uses; and common open space. It permits the planning of a project and the calculation of densities over the entire development, rather than on an individual lot-by-lot basis. It also refers to a process, mainly revolving around site-plan review, in which public officials have considerable involvement in determining the nature of the development.

Plat means a map or drawing depicting the division of land into lots, blocks, parcels, tracts, sites, or other divisions set forth in F.S. ch. 177, or its successor.

Professional service and office means business and professional offices, medical and dental offices, government offices, and financial institutions without drive-through facilities.

Public service/utility facility means those facilities from which essential or important public services are provided and include the following and substantially similar activities:

(1) Emergency service activities such as buildings, garages, parking and/or dispatch centers for ambulances, fire, police and rescue.

(2) Transmission towers.

(3) Utility facilities, such as water plants, wastewater treatment plants, and electricity substations serving 230 kv or greater.

(4) Maintenance facilities and storage yards for schools, government agencies, and telephone and cable companies.

(5) LP gas storage and/or distribution facility for over 1,000 gallons.

(6) Airports, airfields, and truck or bus terminals.

Recreational vehicle park means a development designed specifically to allow temporary living accommodations for recreation, camping, or travel use. The definition does not include a mobile home development.

Rural detailed specific area plan (RDSAP) is a local development order that provides for the continuation of rural development areas surrounding and adjacent to the compact urban development form of the employment, village, and neighborhood districts within the Southwest Hendry County Sector Plan's long term master plan. This designation shall be consistent with the adopted Southwest Hendry County Sector Plan, and shall be reflected as a "RDSAP district" on the county's zoning map.

Sector plan is a comprehensive plan future land use category approved pursuant to F.S. § 163.3245, which encourages long term planning for a large defined area. A sector plan provides a framework for opportunities for economic development, agriculture and conservation on a landscape scale.

Silviculture means a branch of the science of forestry dealing with the development, cultivation, and harvesting of forest products.

Viticulture means the science of growing grapes and the cultivation of grapevines.

Page 7

Warehousing/distribution means an activity involving the storage of goods or materials before or after manufacture and before final sale or use, and includes trans-shipment of such goods or materials (loading and unloading) but excludes manufacture and processing.

(Ord. No. 91-23, § 3(53-2), 8-27-1991; Ord. No. 91-25, § 1, 12-16-1991; Ord. No. 96-01, §§ 1,

2, 2-13-1996; Ord. No. 2003-01, § 1, 1-28-2003; Ord. No. 2008-22, § 9, 11-12-2008; Ord. No.

2010-02, §§ 5, 6, 1-12-2010; Ord. No. 2010-34, § 1, 12-14-2010; Ord. No. 2012-03, § 1, 2-28-

2012; Ord. No. 2016-01, § 1, 1-12-16; Ord. No. 2016-05, § 1, 2-23-2016)

Sec. 1-53-3. - Zoning districts.

1-53-3.1. Table of use regulations. Table 53-1 lists the principal uses which will be permitted 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.

_____

TABLE 53-1. TABLE OF USE REGULATIONS

Zoning Districts

Land Use or Activity A-1 A-2 A-3 RR RR-

F

RG-

1

RG-

1M

RG-

2

RG-

2M

RG-

3

RG-

3M

RG-

4 C-1 C-2 C-3

I-

1 I-2

(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 — — — — —

Page 8

(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 — — — — 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 — — — — — — — — — P P P P P

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

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

Page 9

(8)

Medical Marijuana

Dispensing Facility — — — — — — — — — — — — — —

(9)

Medical Marijuana

Treatment Center — — — — — — — — — — — — — —

(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.

(1)

Airport/private landing

strip S S — — — — — — — — — — S S

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

Page 10

— 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 uses in the A-3 district are limited to horticulture, floriculture, silviculture, and

viticulture.

1-53-3.2 – 1-53-3.7 No Change

1-53-3.8. Medical Marijuana Dispensing Facilities and Treatment Centers

A moratorium is in place upon the acceptance of zoning and building applications and all

applicable requests for approval of Medical Marijuana Dispensing Facilities and Medical

Marijuana Treatment Centers. This moratorium shall expire upon the earlier of the following:

nine months from the effective date of the ordinance approving the moratorium or upon the

effective date of Land Development Code amendments dealing with Medical Marijuana

Dispensing Facilities and Medical Marijuana Treatment Centers approved by the Board of

County Commissioners.

Compassionate UseGovernor Scott signed the Compassionate Medical Cannabis Act of 2014 intolaw on June 6, 2014. The Act was subsequently amended by House Bill 307,which was signed into law by Governor Rick Scott on March 25, 2016. Undersection 381.986. Florida Statute, qualifying physicians are authorized to orderlow-THC cannabis or medical cannabis for patients with qualifyingconditions. Orders must be filled by a licensed dispensing organization.

Quick Facts

FLORIDA DEPARTMENT OF HEALTH

Office of Compassionate UseLow-THC Cannabis & Medical Cannabis

12345

A physician diagnoses a patient with aqualifying condition for low-THC ormedical cannabis. If the patient is younger than 18 or terminal, asecond physician must concur and thisdetermination must be reflected in the patient’smedical records.

The physician treats the patient for 3months, and obtains voluntary, written,informed consent.

The physician submits a treatment planto the University of Florida College ofPharmacy each quarter or if the planchanges.

The patient may fill the order at anydispensary operated by 1 of the 6approved dispensing organizations.

HOW IT WORKS

LOW-THC CANNABISNon-euphoric with 0.8%

or less THC

MEDICAL CANNABISFull-potency with fullTHC strength

CancerEpilepsy

Chronic seizuresChronic muscle spasms

Terminal conditions2 physicians must

certify that the patient’scondition is terminal

within 1 year

THE OFFICE OF COMPASSIONATE USE:

4052 Bald Cypress Way,Tallahassee, FL 32399850-245-4657CompassionateUse@flhealth.govwww.flhealth.gov/ocu

Alachua

Gadsden

Orange

Hillsborough

Miami Dade

Approved Dispensing Organization

Trulieve, Gadsden County

CHT Medical, Alachua County The Green Solution, Alachua County

Knox Nursery, Orange County

Surterra Therapeutics, Hillsborough County

Modern Health Concepts, Miami-Dade County

Qualifying Conditions

The physician enters the order into theCompassionate Use Registry.

Oct 2016

November 16, 2016

Amendment 2, and the expanded qualifying medical conditions, become effective on January 3, 2017.

Florida’s Six Dispensing Organizations: These approved dispensing organizations are the only businesses allowed to grow, process, or sell cannabis in Florida. Each dispensing organization must receive authorization at three stages, (1) cultivation authorization, (2) processing authorization, and (3) dispensing authorization, prior to dispensing low-THC or medical cannabis. Currently, three of the six dispensing organizations have received dispensing authorization.

Dispensing Locations & Delivery: Dispensing organizations who have received dispensing authorization are authorized to deliver statewide. Aside from patients or their legal representatives, dispensing organization employees are the only individuals allowed to transport cannabis. Cannabis cannot be mailed.

The Compassionate Use Registry: The Department of Health’s secure, electronic registration system for physicians, patients and legal representatives is available. There are no paper prescriptions for an authorized order of low-THC or medical cannabis. All orders are recorded and dispensed via the Compassionate Use Registry. The Compassionate Use Registry is accessible to ordering physicians, law enforcement, dispensing organization staff, and Office of Compassionate Use staff.

Restrictions for Use & Administration: Section 381.986, Florida Statute, prohibits patients from smoking low-THC or medical cannabis. This means that patients will not have any whole flower as part of their qualified order. Patients cannot use or administer the product on any form of public transportation, in any public place, place of employment if restricted by his or her employer, state correctional institution, on the grounds of a preschool/primary school/secondary school, on a school bus or in a vehicle, aircraft or motorboat. Florida law does not allow for home grow of low-THC or medical cannabis.

For More Information: If you have questions related to cannabis regulations, please reach out to the Office of Compassionate Use at 850-245-4657 and visit http://www.floridahealth.gov/OCU

Department of Health Approved Dispensing Organizations

Dispensing Organization Authorization Stage Locations

Trulieve (3) dispensing Tallahassee, Clearwater, delivery

Surterra Therapeutics (3) dispensing Tampa, delivery

Modern Health Concepts (3) dispensing Miami-Dade, delivery

CHT Medical (1) cultivating N/A

The Green Solution (1) cultivating N/A

Knox Medical (1) cultivating N/A

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

FR: Margaret Emblidge, AICP – Planning & Community Development Director

RE: PUBLIC WORKSHOP – Discuss potential amendments to the Hendry County zoning and land use regulations in the Land Development Code and the Comprehensive Plan.

DATE: February 8, 2017

BACKGROUND

The intent of this workshop is to review Staff’s draft list of land use regulations that need to be assessed and to obtain input and recommendations on any additional issues from the LPA and the Public. This is part of the ongoing effort to update the County’s land use regulations in response to current demands and future markets. The County has received numerous requests from existing businesses and residents for land uses that are not consistent with the existing land use regulations. In addition there continues to be inconsistencies between the Future Land Use Categories in the Comprehensive Plan with the zoning districts in the Land Development Code.

The input from the LPA and the Public will be included in the workshop documents that will be presented to the Board at a February 28th workshop. The workshop will start at 3pm before the regular Board meeting at the Hendry County Courthouse in LaBelle. The compilation of the recommendations and direction from the Board will be further refined and brought back to the Board on April 25th for Board Prioritization.

RECOMMENDATION

Conduct a Public Workshop and consider the potential amendments.

Enclosure: Draft List of land use issues.

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

FR: Margaret Emblidge, AICP – Planning & Community Development Director

RE: PUBLIC WORKSHOP – Discuss potential amendments to the Hendry County zoning and land use regulations in the Land Development Code and the Comprehensive Plan.

DATE: February 8, 2017

BACKGROUND

The intent of this workshop is to obtain input and recommendations on Staff’s draft list of land use regulations that need to be addressed and to discuss options for specific community issues that have been expressed by property owners. This is part of the ongoing effort to update the County’s land use regulations in response to current demands and future markets. The County has received numerous requests from existing businesses and residents for land uses that are not consistent with the existing land use regulations. In addition there continues to be inconsistencies between the Future Land Use Categories in the Comprehensive Plan with the zoning districts in the Land Development Code.

The input from the LPA and the Public will be included in the workshop documents that will be presented to the Board at a February 28th workshop. The workshop will start at 3pm before the regular Board meeting at the Hendry County Courthouse in LaBelle. The compilation of the recommendations and direction from the Board will be further refined and brought back to the Board on April 25th for Board direction and prioritization.

RECOMMENDATION

Conduct a Public Workshop and provide recommendations to the Board.

Enclosure: Draft List of land use issues.

1

Land Development Code and Com

prehensive Plan Issues

For Discussion Purposes Only

This docum

ent highlights some of the overarching land use issues staff deals w

ith on a daily basis. Also included is a brief summ

ary of the land use issues that have been voiced by the residents in som

e of our comm

unities. This is not meant to be all inclusive but to be the start of

the conversation that will lead to constructive solutions. The results w

ill be translated into revised or new land use regulations in the

Comprehensive Plan and Land Developm

ent Code that will reflect the goals of our com

munity.

Priority Level

1.

Descriptions of uses in the Hendry County Comprehensive Plan Future Land U

se Categories (FLUC) need to be updated to be consistent w

ith the County’s goals and the Land Developm

ent Code (LDC). There are 14 Future Land Use Categories and there are 6 overlay or special district FLU

Cs. Potential solutions would be to create new

Future Land Use

Categories that accomm

odate a mix of uses that are consistent w

ith the rural residential, suburban and urban development patterns that are evolving.

Examples of som

e of the inconsistencies include: The M

ulti-Use Developm

ent FLUC description allow

s “existing agricultural uses” which w

ould exclude new. W

heeler Estates is designated as Multi-U

se Development how

ever the area is zoned A-3 w

hich allows horticulture. The horticulture use w

ould technically not be permitted if it w

as new.

Another example is the Leisure Recreation FLU

C which is the only FLU

C that specifically lists RV Parks as a use. The historical interpretation has been that RV Parks are only allowed

in the Leisure Recreation FLUC even though it is not specifically prohibited in the other FLU

Cs. In addition, this FLUC also allow

s many recreational uses that are perm

itted in most

of the other FLUCs. It w

ould seem that his category is antiquated and should be deleted and the existing properties designated as Leisure Recreation should be re-categorized.

Potential solution would be to create new

Future Land Use Categories that accom

modate a m

ix of uses in the rural residential, suburban and urban development patterns that are

evolving. Another exam

ple is the prohibition of mobile hom

es in the Residential – Low Density and Residential - Rural Estates FLU

Cs. Other FLU

Cs are either silent or refer to residential as conventional w

hich suggests that it means site built not a m

obile home. Based on case law

Mobile and M

anufacture homes m

ust be permitted w

here all other residential uses are perm

itted. In order to address this the CP and LDC needs to be revised to be consistent with the case law

. In addition there is a new m

arket for shipping container homes and tiny

homes. Creating uniform

residential design standards have been utilized in other counties to provide consistency in their housing standards.

2

2.

Industrial, Light Industrial and Research & Developm

ent need to confirm w

here the County wants these type uses. As Econom

ic Development opportunities increase, it w

ould be prudent to designate specific areas that w

ould allow these uses as w

ell as create performance standards.

3.

Clarify Principle vs. accessory uses – Make it clear that the Residential zoning districts including RG

, RR and RR-F requires a residence as the principle use. RR-F allows com

mercial

agriculture which currently w

ould not require a residence as a principle use.

4. Accessory use and structures. Create separate definitions, perm

itted types per zoning district; create development regulations including setbacks, size requirem

ents and buffers.

5. Rural Residential Fam

ily Farms need to be better defined and regulated including the num

ber of animals, m

inimum

acreages and approval process or permitted by right. Determ

ine w

here household farm anim

als can be permitted in residential zoning districts.

6.

Create household farm anim

al best managem

ent practices. There are no uniform requirem

ents. Research and coordination with State agencies w

ill be required.

7. Require SDP or SE for agriculture uses that generate truck traffic and w

ater managem

ent/drainage impacts (e.g. fish farm

s, nurseries).

8. Lot Splits – can only split into 3 lots w

ithin a 10 yr. period, any more requires Platting. Should reassess to allow

more than 3 in certain situations.

9.

Create Lighting regulations for comm

ercial, industrial and planned residential developments. Consider shielding and dow

nward flow

of light for all types to accomm

odate Dark Sky goals.

10. O

n-site preservation – rewrite to be consistent w

ith State and Federal regulations and definitions, allow off-site m

itigation, as well as clearer County goals.

11. Create regulations and a perm

it for land clearing to avoid clear cutting, impacts to drainage system

s, and to protect native trees as long as it does not unduly impact the perm

itted uses. Create a list of protected trees.

12. Require Hurricane M

itigation Plans for planned residential development and large com

mercial and industrial uses. This is required elsew

here and would help w

ith coordination and education.

13. Create access m

anagement overlay for SR80 and SR29 to com

ply with FDO

T’s 660’ driveway/access separation. This w

ould include creating new regulations for com

mercial uses on

to accomm

odate frontage roads, deceleration lanes, interconnectivity and shared access.

14. Comm

ercial and Industrial location standards – create separations from residential uses and require locating w

here there is existing infrastructure e.g. direct access to improved

public roads, water and sew

er, able to have at least two access points for safety and traffic.

3

15. Revise SR80 G

ateway O

verlay: a.

Allow Architectural Plans to be subm

itted with SDP

b. Revise architectural and signage requirem

ents to reflect the current market and provide alternatives to the current regulations.

c. Create flexibility to respond to the m

arket. 16. Building Heights – M

aximum

permitted is 35 ft. - Increase perm

issible building heights to accomm

odate multi-story buildings, M

anufacturing, Office buildings etc. w

ill require sprinkler system

s and/or new fire trucks.

17. Signage – confusing – needs to be expanded to include all types of signs and re-w

ritten to be user friendly.

18. Home O

ccupations. Revise definition to exclude uses that require additional parking areas, create high turnover traffic and exclude storage of products for sale or rent on the residential property. Create a separate process from

the business licensing application.

19. Comm

ercial Trucks parked in residential districts – the number and size of com

mercial trucks parked on residential property has been an ongoing issue. W

e need to determine how

m

any, what size, w

hat type, if they are for a business or simply w

ork trucks.

20. Create Bed and Breakfast regulations. We have had several requests on w

here they can have one. Many places allow

these uses in residential districts. Currently these would only

be allowed in a com

mercial zoning district or planned developm

ent (PUD).

21. Create a new

section for Special Events and amend Article III M

usical and Entertainment Events regulations. Create clear criteria on w

hat constitutes a special event and establish perm

it requirements.

22. Create Locational standards for churches, religious facilities and retreats. Create standards for a m

inimum

separation from other uses, a m

inimum

acreage, parking standards; require direct access to a public local, collector or arterial road.

23. Revise Platting process. – M

inimize requirem

ents for the preliminary process and low

er the fee. Require both the preliminary plat and the final plat to be review

ed by the LPA before being presented to the Board.

24. Increase notification of the public on land use changes. Increase the noticing area. Send both certified and regular m

ailed notification letters. Include clear descriptions of proposed changes in letters and advertisem

ents. Require additional signs to be posted at key locations. All of these changes would increase the cost for the applicants.

4

Comm

unity Issues

Wheeler Estates – Residents w

ant to have farm anim

als. Farm anim

als are not permitted in the M

ulti-Use Developm

ent FLUC if it is a new

use and the A-3 zoning district does not allow

farm anim

als. Case/Evans Roads – Residents w

ant to be allowed to have m

ore farm anim

als than permitted in the Rural Residential zoning district and to be able to sell their anim

als and eggs from their

property. Section 1-53-6.7 LDC limits the num

ber of farm anim

als per acre in the RR zoning district. There are several property owners that are conducting com

mercial businesses (trucking,

busing, auto repair and ag processing) on their residential properties that are not permitted. These property ow

ners would like to be able to continue these uses. This is problem

atic for their neighbors that consider the area as rural residential. LaD

eca – Residents voiced their concern regarding a proposed slaughterhouse and how the subdivision is m

ore like a rural residential comm

unity than an agriculture comm

unity. The land use designation is Agriculture and is zoned for agriculture. The residents m

ay want to consider redesignating this area to Rural Residential.

Montura – This com

munity has conflicting goals w

ith some residents w

anting unlimited farm

animals, RVs as residences, ATVs on the public roads and – O

ther residents would like to see a

more rural residential com

munity instead of an open agricultural and recreational com

munity. The com

munity is zoned RR-F w

hich does not limit the num

ber of farm anim

als but does not perm

it RVs as residences or ATVs on public roads.