Planning and Zoning Board

AGENDA Planning and Zoning Board PUBLIC HEARING/REGULAR MEETING April 3, 2025, at 6:00 PM COMMISSIONER CHAMBERS, 412 WEST ORANGE STREET, ROOM 102, WAUCHULA, FL 33873 1

1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE, FOLLOWED BY THE INVOCATION 3. APPROVAL OF THE AGENDA 4. NOTICE OF PUBLICATION 5. MINUTES FOR APPROVAL A. Planning and Zoning Public Hearing Minutes for March 6, 2025 6. NOTICE OF BOARD EX-PARTE COMMUNICATION 7. PLANNING AND ZONING BOARD GENERAL RULES OF PROCEDURE 8. APPOINTMENTS A. Agenda Item No. 25-24, Nekita Austin, as property owner, is requesting a Variance to reduce the front and rear setbacks on a 3,920.4 sf parcel located in the R-3 (Multifamily Residential) district, Town Center Future Land Use category to accomadate a replacement single-family home after the exisiting structure was severly damamged during Hurrican Ian, as part of the Rebuild Florida program. B. PRESENTATION OF MOSAIC 2023-2024 ANNUAL REPORT Presentation by: Deb Butler, Hardee County Mining Coordinator MOSAIC STAFF: Introductions - Russell Schweiss- Senior Director Land & Resource Managment Financial Review - Marilyn Catala - Senior Financial Analyst, Corporate Accounting Reclamation Activities - Gary Blitch - senior Manager, Reclamation; Keith Hancock - Supervisor, Reclamation; Zachary Hutchins - Suprvisor, Reclamation; Lisa Lannon - Superintendent, Reclamation Community Relations Update - Morgan Odum - Public Affairs BOARD MEMBERS ______________________________________________________________________________________________ Chairman Cody Gullatt Vice-Chairman Roger Conley Kenny Futch Glenn Bergens Michael Burch Daniel Cisneros Lesley S. Bateman School Board Member District IV Marie Dasher School Board Member District V Mark Gilliard - Alternate Community Development Director Todd Miller Planner Technician Jorden Eisenstein _______________________________________________________________________________________________ RECOMMENDED ACTION: Motion to recommend APPROVAL or DENIAL 2

9. ADJOURNMENT RECOMMENDED ACTION: Motion to recommend APPROVAL or DENIAL of the Mosaic 2023-2024 Annual Reports 3

Item Cover Page DATE: April 3, 2025 SUBMITTED BY: Jorden Eisenstein, Community Development Department ITEM TYPE: Minutes for Approval AGENDA SECTION: MINUTES FOR APPROVAL SUBJECT: Planning and Zoning Public Hearing Minutes for March 6, 2025 SUGGESTED ACTION: AGENDA ITEM NO. 5.A PLANNING AND ZONING BOARD AGENDA ITEM REPORT ATTACHMENTS: 03.06.25 PZ Meeting Minutes.docx 4

MINUTES Hardee County Planning and Zoning Board PUBLIC HEARING March 6, 2025, at 6:00 PM COMMISSION CHAMBERS 412 W. ORANGE STREET, ROOM 102, WAUCHULA, FL 33873 5

Hardee County Planning and Zoning Board March 6, 2025 Page 2 of 5 1. CALL TO ORDER Attendee Name Title Status Cody Gullatt Chairman Present Roger Conley Vice-Chairman Present Daniel Cisneros Board Member Absent Kenny Futch Board Member Absent Glenn Bergens Board Member Absent Lesley Bateman Board Member Present Michael Burch Board Member Present Marie Dasher School Board Member District IV Absent Mark Gilliard School Board Member District V Absent Todd Miller Community Development Director Present Jorden Eisenstein Planning Technician Present Chairman Gullatt called the meeting to order at 6:00 p.m. 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF THE AGENDA Chairman Gullatt called for a motion to approve the Agenda. Motion Vice-Chairman Conley and second by Board Member Bateman Motion carried unanimously. Ayes- Gullatt, Conley, Bateman, and Burch. 4. NOTICE OF PUBLICATION Planning Technician Eisenstein announced: - The meeting was advertised in The Herald Advocate on Feb. 20, 2025. 5. MINUTES FOR APPROVAL A. Planning and Zoning Board Meeting Minutes of 12/05/2024. Chairman Gullatt called for a motion to approve the Planning and Zoning Meeting Minutes of 12/05/2024 Motion by Board Member Bateman and second by Vice-Chairman Conley. Motion carried unanimously. Ayes- Gullatt, Conley, Bateman, and Burch. 6. APPOINTMENTS 6

Hardee County Planning and Zoning Board March 6, 2025 Page 3 of 5 A. Agenda No. 25-21, from Square D Ranch LTD LLP, is requesting a Waiver from ULDC Section 9.11.04(2)(A) to allow for the creation of a parcel of land that would not meet the minimum lot width requirements in A-1 zoning district, Agricultural Future Land Use category. Community Director, Todd Miller, being sworn, entered the staff report into the record and recommended Denial based upon the requirements of Section 9.11.04. Chairman Gullatt called for Board Members comments: The Board had some questions. Community Development Director and property owner, John Daniels, being sworn, answered questions: Board Member Burch:  If they need 200ft of road frontage what is the measurement being proposed? - Community Development Director, Todd Miller: The eastern half would have no public road frontage but would have continued shared access via the existing easement that lies along the northern property line. Chairman Gullatt:  What makes this parcel unique from the surrounding parcels? I see the southern adjacent parcel, just below the applicant’s that is similar in size, so I assume there are structures there which gives it some land value, but what makes this property different? - Community Director, Todd Miller: I know the larger parcel, with ‘access point one’, there are structures on that property but that would be a better question for the property owner if you’d like to have him come up. - Property owner, John Daniels: I have a home on our ranch, located on 1790 Moffitt Rd, which is approximately 1150 acres with 3 access points. It is my intention to sell our ranch manager, Brice Burnett, the 40 acres adjacent to Dallas McClellan Rd to build a home. Turns out after discussing the idea, we learned later on, through the Planning and Zoning staff, that we would still have to maintain 200ft of road frontage for the eastern 40 acres. Essentially, Mr. Burnett and I made a deal for 30-35 acres less the 200ft along the north line, but eventually he would like to buy the full 40 acres, the rest of the 200ft. In the future, we don’t want him to have issues with getting permits in the because of the lack of road frontage for the eastern 40 acres, so we’ve complied with everything for now. I don’t need the 200ft and it makes more sense, for me, to just give the ranch manager the full 40 acres (the western half). I mainly use the access from Moffitt Road anyway, and he will be able to build his home and be closer to the ranch. The requirement to maintain 200 ft of frontage for the eastern 40 acres just doesn’t make sense to me. 7

Hardee County Planning and Zoning Board March 6, 2025 Page 4 of 5  The proposed parcel, that would be land locked, is there any way to incorporate it into his other parcels. - Community Director, Todd Miller: We did consider that, but although there are other access points, none of them have 200ft of road frontage.  As far as the access easement that is there, it is not part of that parcel, but part of the parcel to the east, right? - Community Director, Todd Miller: Correct. Vice-Chairman Conley:  Where, on the map, is the access from Dallas McClellan Rd? * applicant explains where all their access points are for the ranch and the current shape of the subject parcel. John Daniels also explains, in greater detail, the agreement he made with the buyer, and the reasoning behind the request for the Waiver. *Todd Miller adds, an explanation of the map that outlines the subject parcel as well as the full scale of the entire Ranch, comprised of several parcels and 3 access points, while the subject parcel is 80 acres with over 1000 ft of road frontage.  What if you split the parcel the other way, horizontally, would it have enough road frontage? - Community Director, Todd Miller: Correct. *The applicant, county staff and the Planning and Zoning Board discuss the reasoning for the required 200ft of road frontage, the possible future repercussions of creating a landlocked parcel and the benefits of a Waiver before making a motion with an added condition. Chairman Gullatt called for Public Comments: - Let the record show none. Chairman Gullatt called for a Motion regarding Agenda 25-24. Motion to APPROVE by Board Member Burch and second by Board Member Bateman on Agenda No. 25-24 with the added condition that the access easement be included in the legal description of the eastern 40 acres. Motion carried unanimously. Ayes – Ayes- Gullatt, Conley, Bateman, and Burch. 10. ADJOURNMENT With no further business, the meeting adjourned at 6:37 p.m. 8

Hardee County Planning and Zoning Board March 6, 2025 Page 5 of 5 X Gullatt Cody, Chairman Planning and Zoning Board 9

Item Cover Page DATE: April 3, 2025 SUBMITTED BY: Jorden Eisenstein, Community Development Department ITEM TYPE: Appointment AGENDA SECTION: APPOINTMENTS SUBJECT: Agenda Item No. 25-24, Nekita Austin, as property owner, is requesting a Variance to reduce the front and rear setbacks on a 3,920.4 sf parcel located in the R-3 (Multifamily Residential) district, Town Center Future Land Use category to accomadate a replacement single-family home after the exisiting structure was severly damamged during Hurrican Ian, as part of the Rebuild Florida program. SUGGESTED ACTION: RECOMMENDED ACTION: Motion to recommend APPROVAL or DENIAL AGENDA ITEM NO. 8.A PLANNING AND ZONING BOARD AGENDA ITEM REPORT ATTACHMENTS: STAFF REPORT.docx 10

STAFF REPORT Request for Variance Agenda No: VAR 25-24 Request: Request for a Variance to reduce the front and rear setbacks from 30 to 24.05 at the front property line, and from 20 to 13.18 at the rear property line on a 3,920.4 sf, parcel zoned R-3 (Multifamily Residential) in the Town Center Future Land Use Category. Property Owner/Applicant: Nekita Austin c/o Sarah Maier with Rebuild Florida 522 Will Duke Rd Wauchula, FL 33873 Location: 522 Will Duke Rd, Hardee County Located on the south side of Will Duke Road, between Martin Luther King Jr Ave and Mowatt Street Parcel Identification: 15 34 25 0830 00016 0002 Site Size: 3,920.4 sf (0.09 +/-acres) Existing Zoning/Land Use: R-3 (Multifamily Residential) zoning/Town Center FLU Surrounding Zoning/Land Use: All adjacent properties: R-3 (Multifamily Residential) zoning/Town Center FLU Subject Property History The subject R-3 zoned parcel of land was created prior to the adoption of the 1996 Unified Land Development Code, via an approved subdivision plat known as Magnolia Manor, and therefore qualifies as a lot of record, not meeting the minimum 7500 sq size and 75’ of lot width of the R-3 zoning district. Specifically, the subject property measures approximately 80 +/- feet deep and 50 +/- feet wide. However, at 80’ in depth and requiring a 30’ front setback and a 20’ rear setback means the property has a small (30’ x 36’) buildable area. The current request to replace the building is coming as a result of the severe damage the structure suffered during Hurricane Ian, which qualifies the applicant for the Hurricane Ian Rebuild Florida Program to assist with the replacement of the home. 11

HARDEE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT – AUSTIN – 522 WILL DUKE RD 2 Procedural Background Under Section 11.03.00 of the Hardee County Unified Land Development Code (ULDC), variances are reviewed based on the criteria outlined in Section 11.03.00 (B). Staff Analysis The criteria for review and staff’s analysis are as follows: 01. Special conditions or circumstances exist that are particular to the land or structure involved and is not applicable to other lands or structures in the same land use classification. Staff Response: As referenced above, the subject property qualifies as a Lot of Record. However, because the property is only 80’ in depth and 50’ wide, none of the Rebuild Florida model homes can fit on the lot and meet the required 30’ front and 20’ rear setbacks. The current request to replace the building comes from the severe damage the structure suffered during Hurricane Ian. The property owners have worked with Rebuild Florida to assist with the replacement of the home. 02. The special conditions and circumstances do not result from the actions of the applicant. Staff Response: The applicant requires the replacement home due to the impacts of Hurricane Ian, an Act of God beyond their control. In addition, the size of the lot was created long before the current owners owned the property. 03. The requested Variance, if approved, will not confer on the Applicant any special privilege that is denied by the provisions of this code to other lands or structures in the same land use classification. Staff Findings: The construction of a small, replacement home is a right enjoyed by other lands in the same zoning and land use classification (Multifamily Residential). 04. Literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the identical land use classification and will constitute an unnecessary and undue hardship on the applicant. Staff Findings: Literal interpretation of the provisions of the Code with regards to required setbacks limit the ability to rebuild on the lot, and could qualify as an undue hardship. 12

HARDEE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT – AUSTIN – 522 WILL DUKE RD 3 05. That the variance granted is the minimum variance that will make possible a reasonable use of the property. Staff Findings: The variance request (5.95’ reduction on the front, 6.82’ reduction on the rear) is the least amount of setback reduction required to fit the replacement home on the subject lot of record. 06. That granting the variance will be in harmony with the general intent of the Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff Response: The surrounding area is comprised of a variety of lot sizes as part of the Magnolia Manor Subdivision, approved in 1928. As such, the replacement of the home with another small, single-family structure will not be inconsistent or otherwise injurious to the neighborhood. Conclusion: Pursuant to the review and analysis of the above-cited standards staff finds that approval of a variance to Table 3.03.00(C) to reduce the minimum front yard setback from 30’ to 24.05’, and to reduce the minimum rear yard setback from 20’ to 13.18’ is consistent with the intent of the Hardee County Unified Land Development Code and the Hardee County Comprehensive Plan. Recommendation: Staff recommends APPROVAL to the Planning/Zoning Board of VAR-25-24 to reduce the front and rear setbacks from 30’ to 24.05’ at the front property line, and from 20’ to 13.18’ at the rear property line on a 0.09 +/- acre parcel zoned R-3 (Multifamily Residential) in the Town Center Future Land Use Category to accommodate a new, replacement home for the property owner. Attachments: Location Map Zoning Map FLU Map Aerial Map 13

HARDEE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT – AUSTIN – 522 WILL DUKE RD 4 14

HARDEE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT – AUSTIN – 522 WILL DUKE RD 5 15

HARDEE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT – AUSTIN – 522 WILL DUKE RD 6 16

HARDEE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT – AUSTIN – 522 WILL DUKE RD 7 17

Item Cover Page DATE: April 3, 2025 SUBMITTED BY: Jorden Eisenstein, Mining Department ITEM TYPE: Appointment AGENDA SECTION: APPOINTMENTS SUBJECT: PRESENTATION OF MOSAIC 2023-2024 ANNUAL REPORT Presentation by: Deb Butler, Hardee County Mining Coordinator MOSAIC STAFF: Introductions - Russell Schweiss- Senior Director Land & Resource Managment Financial Review - Marilyn Catala - Senior Financial Analyst, Corporate Accounting Reclamation Activities - Gary Blitch - senior Manager, Reclamation; Keith Hancock - Supervisor, Reclamation; Zachary Hutchins - Suprvisor, Reclamation; Lisa Lannon - Superintendent, Reclamation Community Relations Update - Morgan Odum - Public Affairs SUGGESTED ACTION: RECOMMENDED ACTION: Motion to recommend APPROVAL or DENIAL of the Mosaic 2023-2024 Annual Reports AGENDA ITEM NO. 8.B PLANNING AND ZONING BOARD AGENDA ITEM REPORT ATTACHMENTS: DOC032625.pdf 18

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