Planning and Zoning Board

AGENDA Planning and Zoning Board PUBLIC HEARING/REGULAR MEETING November 6, 2025, at 6:00 PM COMMISSION 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. P/Z Regular Meeting Minutes of October 02, 2025, at 6:00 p.m 6. NOTICE OF BOARD EX-PARTE COMMUNICATION 7. PLANNING AND ZONING BOARD GENERAL RULES OF PROCEDURE 8. PRESENTATIONS A. Jennifer Codo-Salisbury, Central Florida Regional Planning Council - Proposed Comprehensive Plan Amendments consistent with the Evaluation and Appraisal Report (E.A.R) 9. APPOINTMENTS A. Jennifer Codo-Salisbury, Central Florida Regional Planning Council - Resolution 2026- 06, a Resolution of the Board of County Commissioners of Hardee County, Florida, disgnating the County Manager as the administrative authority responsible for issuing final administrative approval of a plat or replat submittal consistent with Senate Bill 784 (Chapter 2025-164, Laws of Florida). 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 I Jorden Eisenstein Administrative Asst. Abigail Juarez _______________________________________________________________________________________________ - Motion to approve the minutes as presented. RECOMMENDED ACTION: Staff recommends the Planning and Zoning Board to 2

B. Agenda No. 25-75, as Ordinance No. 2025-08, a County-initiated amendment to the Hardee County Comprehensive Plan Future Land Use Element, Future Land Use Map series and Definitions section as it relates to the Mining Overlay District. C. Agenda No. 25-82, Bernie Lott, as property owner, is requesting approval of a Variance to reduce the front setback from 50 ft to 38 ft to accommodate a new single-family home to replace the structure that was damaged by Hurricane Ian, located in the A-1 zoning district, Highway Mixed Use FLU category. 10. ADJOURNMENT recommend APPROVAL to the Board of County Commissioners RECOMMENDED ACTION: Staff recommends the Planning and Zoning Board to recommend APPROVAL to the Board of County Commissioners. RECOMMENDED ACTION: Staff recommends the Planning and Zoning Board to recommend APPROVAL to the Board of County Commissioners. 3

Item Cover Page DATE: November 6, 2025 SUBMITTED BY: Jorden Eisenstein, Community Development Department ITEM TYPE: Minutes for Approval AGENDA SECTION: MINUTES FOR APPROVAL SUBJECT: P/Z Regular Meeting Minutes of October 02, 2025, at 6:00 p.m SUGGESTED ACTION: - Motion to approve the minutes as presented. AGENDA ITEM NO. 5.A PLANNING AND ZONING BOARD AGENDA ITEM REPORT ATTACHMENTS: 10.02.25_PZ_Meeting_Minutes.docx 4

MINUTES Hardee County Planning and Zoning Board PUBLIC HEARING October 2, 2025, at 6:00 PM COMMISSION CHAMBERS 412 W. ORANGE STREET, ROOM 102, WAUCHULA, FL 33873 5

Hardee County Planning and Zoning Board October 02, 2025 Page 2 of 3 1. CALL TO ORDER Attendee Name Title Status Cody Gullatt Chairman Present Roger Conley Vice-Chairman Present Daniel Cisneros Board Member Present Kenny Futch Board Member Present Glenn Bergens Board Member Absent Lesley Bateman Board Member Present Michael Burch Board Member Present Todd Miller Planning Director Present Jorden Eisenstein Planner 1 Present Abigail Juarez Administrative Assistant Present Chairman Gullatt called the meeting to order at 6:00 p.m. 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF THE AGENDA: ADDITIONS, DELETIONS, AND AMENDMENTS  Agenda item Chairman Gullatt called for a motion to approve the Agenda. Motion by Vice-chairman Conley and second by Board Member Bateman. Motion carried unanimously. Ayes- Gullatt, Conley, Futch, Cisneros, Bateman and Burch. 4. NOTICE OF PUBLICATION Planner 1 Jorden Eisenstein announced: - The meeting was advertised in The Herald Advocate on September 18,2025 and courtesy notices were mailed out to property owners within 300ft of the subject parcel. 5. MINUTES FOR APPROVAL A. Planning and Zoning Board Meeting Minutes of 09/04/2025. Chairman Gullatt called for a motion to approve the Planning and Zoning Meeting Minutes of 09/04/2025 Motion Vice-Chairman Conley and second by Board Member Cisneros. Motion carried unanimously. Ayes- Gullatt, Conley, Futch, Cisneros, Bateman and Burch. 6. APPOINTMENTS 6

Hardee County Planning and Zoning Board October 02, 2025 Page 3 of 3 A. Agenda Item No. 25-76, as Ordinance No. 2025-09, a county initiated amendment to the Land Development Code relating to Mining in Section 13.03.00 Land Excavation and Mining. Merisa Barmby, Central Florida Regional Planning Counsel, being sworn, entered the staff report and presentation into the record. Chairman Gullatt called for Board Members comments: The Board had some questions. Deb Butcler, Mining Coordinator, answered questions. Vice-Chairman Conley:  Updated periodically, does that refer to monthly, weekly, or quarterly? - Deb Butler - they submit the information for us in the annual reports, and it will create a map, once a year it could be updated, and that map will be updated yearly. Board Member Futch:  Is there somewhere else where it states the update requirements, is it annual? - Deb Butler – It states the map will be updated periodically based on the information given throughout the year. Chaiman Gullatt called for Public Comments: - Let the record show none. Chairman Gullatt for a Motion regarding Agenda 25-75. Motion to APPROVE by Vice-Chairman Conley and second by Board Member Burch on Agenda No. 25-75. Motion carried unanimously. Ayes- Ayes- Gullatt, Conley, Futch, Cisneros, Bateman and Burch. 7. ADJOURNMENT With no further business, the meeting adjourned at 6:14 p.m. X Gullatt Cody, Chairman Planning and Zoning Board 7

Item Cover Page DATE: November 6, 2025 SUBMITTED BY: Jorden Eisenstein, Community Development Department ITEM TYPE: Presentation AGENDA SECTION: PRESENTATIONS SUBJECT: Jennifer Codo-Salisbury, Central Florida Regional Planning Council - Proposed Comprehensive Plan Amendments consistent with the Evaluation and Appraisal Report (E.A.R) SUGGESTED ACTION: AGENDA ITEM NO. 8.A PLANNING AND ZONING BOARD AGENDA ITEM REPORT ATTACHMENTS: 1) CompPlanUpdate_Discussion Item.doc 8

1 HARDEE COUNTY COMPREHENSIVE PLAN UPDATE (EAR Amendments) DISCUSSION/WORKSHOP ITEM November 6, 2025 TO: HARDEE COUNTY PLANNING & ZONING BOARD FROM: CENTRAL FLORIDA REGIONAL PLANNING COUNCIL SUBJECT: The County’s Comprehensive Plan (“Plan”) provides a framework for managing the growth and development of the county. At least once every 7 years, each local government must evaluate its comprehensive plan to determine if plan amendments are necessary to reflect changes in State Statutes and submit an Evaluation and Appraisal Report (EAR) letter and signed affidavit notifying Florida Commerce as to its determination. Amendments to the Plan will be based on a review of changes in Florida Statutes since the last time the Plan was updated and a review of the Comprehensive Plan against existing conditions, requirements of the Land Development Regulations, and input from the community. The County’s current Plan respects a 2030 Planning Horizon. The proposed Plan will be updated to the 2050 Planning Horizon consistent with Section 163.3177, Florida Statutes. CFRPC staff will provide an overview of the EAR and amendment concepts for the Comprehensive Plan Update. AGENDA DATE: Planning & Zoning Board Meeting: November 6, 2025 at 6:00 PM (Discussion Item) Attachment Administrative Amendment Overview and Element Descriptions 9

2 DRAFT AMENDMENT CONCEPTS Draft Comprehensive Plan Amendments concepts are provided below. The amendment concepts are provided based by Element based on amendments identified to meet state requirements, changes in local conditions, amendments to the map series and data and analysis, and amendments needed to establish the 2050 planning horizon. General Amendments needed throughout the Comprehensive Plan are also identified. THROUGHOUT THE COMPREHENSIVE PLAN • All references to FAC 9J-5 will be removed as the rule has been appealed. • All references to the Department of Community Affairs (DCA) or Department of Economic Opportunity (DEO) will be updated to Florida Commerce consistent with the agency’s current name. • Scrivener’s errors such as misspelled words will be corrected. • All references to Florida Statutes, FAC, or other agency requirements will be verified and updated as necessary. • All items related to requirements in the Land Development Regulations will be updated based on whether the requirements have been addressed in the Land Development Regulations. The provisions will be reviewed for potential amendments or flagged for follow-up to the Land Development Regulations. FUTURE LAND USE ELEMENT The Future Land Use Element designates proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public facilities, and other categories of the public and private uses of land. The approximate acreage and the general range of density or intensity of use shall be provided for the gross land area included in each existing land use category. The element shall establish the long-term end toward which land use programs and activities are ultimately directed (Florida Statutes 163.3177(6)(a)). HOUSING ELEMENT The Housing Element works to plan for housing for future residents, eliminate substandard housing, and the provision of adequate housing sites for workforce housing, mobile homes, low-income housing, etc (Florida Statutes 163.3177(f)). INFRASTRUCTURE ELEMENT The general sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge element is correlated to principles and guidelines for future land use, indicating ways to provide for future potable water, drainage, sanitary sewer, solid waste, and aquifer recharge protection requirements for the area. The element may be a detailed engineering plan including a topographic map depicting areas of prime groundwater recharge (Florida Statute 163.3177(6)(c)). 10

3 INTERGOVERNMENTAL COORDINATION ELEMENT The Intergovernmental Coordination Element shows relationships and states principles and guidelines to be used in coordinating the adopted comprehensive plan with the plans of school boards, regional water supply authorities, and other units of local government providing services but not having regulatory authority over the use of land, with the comprehensive plans of adjacent municipalities, the county, adjacent counties, or the region, with the state comprehensive plan and with the applicable regional water supply plan. This element demonstrates consideration of the particular effects of the local plan, when adopted, upon the development of adjacent municipalities, the county, adjacent counties, or the region, or upon the state comprehensive plan, as the case may require (Florida Statutes 163.3177(6)(h)). PUBLIC SCHOOLS FACILITIES ELEMENT The Public Schools Facility Element is an element established to address issues related to Hardee County Public School System. This Element is not required by Florida Statutes 163.3177. RECREATION AND OPEN SPACE ELEMENT A Recreation and Open Space Element indicates a comprehensive system of public and private sites for recreation, including, but not limited to, natural reservations, parks and playgrounds, parkways, beaches and public access to beaches, open spaces, waterways, and other recreational facilities (Florida Statutes 163.3177(6)(e)). TRANSPORTATION ELEMENT A transportation element addressing mobility issues in relationship to the size and character of the local government. The purpose of the transportation element shall be to plan for a multimodal transportation system that places emphasis on public transportation systems, where feasible. The element shall provide for a safe, convenient multimodal transportation system, coordinated with the future land use map or map series and designed to support all elements of the comprehensive plan (Florida Statute 163.3177(6)(b)). CAPITAL IMPROVEMENTS ELEMENT The purpose of this element is to provide guidance for the allocation of funding of needed public services for the municipality’s current and projected population, which includes: potable water, sanitary sewer, stormwater drainage, solid waste, parks and recreation, and transportation. It is accompanied by the annual updated Five-Year Schedule of Capital Improvements, which implements the goals, objectives and policies of the element and the Comprehensive Plan (Florida Statute 163.3177(3)(a)). 11

Item Cover Page DATE: November 6, 2025 SUBMITTED BY: Jorden Eisenstein, Community Development Department ITEM TYPE: Appointment AGENDA SECTION: APPOINTMENTS SUBJECT: Jennifer Codo-Salisbury, Central Florida Regional Planning Council - Resolution 2026-06, a Resolution of the Board of County Commissioners of Hardee County, Florida, disgnating the County Manager as the administrative authority responsible for issuing final administrative approval of a plat or replat submittal consistent with Senate Bill 784 (Chapter 2025-164, Laws of Florida). SUGGESTED ACTION: RECOMMENDED ACTION: Staff recommends the Planning and Zoning Board to recommend APPROVAL to the Board of County Commissioners AGENDA ITEM NO. 9.A PLANNING AND ZONING BOARD AGENDA ITEM REPORT ATTACHMENTS: 00 Administrative Approval for Final Plats 110625.doc Laws of Florida 2025-164 - Administrative Approvals.pdf Hardee County Plat Resolution 2026-06.docx 12

Page 1 of 2 AGENDA ITEM – Administrative Approval of Final Plats November 6, 2025 HARDEE COUNTY REQUIRED ADMINISTRATIVE APPROVAL OF FINAL PLATS TO: Hardee County Planning and Zoning Board PREPARED BY: Central Florida Regional Planning Council AGENDA DATE: November 6, 2025 REQUESTED ACTION: Approval of the Resolution 2026-06 designating the County Manager as the administrative authority responsible for issuing final administrative approval of a plat or replat submittal consistent with Senate Bill 784 (Chapter 2025-164, Laws of Florida) BACKGROUND:  On June 20, 2025, the Governor approved Senate Bill 784 and subsequently filed in the Office of the Florida Secretary of State as Chapter 2025-164, Laws of Florida (see attached).  Among other changes related to platting, this new law requires the approval of plats and replats for the subdivision of land by an administrative authority.  This new law defines the term "administrative authority" as a department, division, or other agency of the county or municipality and for the purposes of issuing a final administrative approval of a plat or replat submittal, the term also includes an administrative officer or employee designated by the governing body of a county or municipality, including but not limited to, a county administrator or manager, a city manager, a deputy county administrator or manager, a deputy city manager, an assistant county administrator or manager, an assistant city manager or other high- ranking county or city department or division director with direct or indirect oversight responsibility for the county's or municipality's land development, housing, utilities, or public works programs.  The Unified Land Development Code of Hardee County addresses the administration and enforcement of the County’s Subdivision Standards in Section 9.11.00 “Subdivision Platting Requirements”. 13

Page 2 of 2 AGENDA ITEM – Administrative Approval of Final Plats November 6, 2025  Chapter 2025-164 took effect on July 1, 2025, making it necessary for the Board of County Commissioners to designate an administrative officer or employee ahead of a broader package of Land Development Code amendments to ensure compliance with this and other recent State legislation affecting the county and municipal development review processes that have subsequently been signed into law. RESOLUTION:  The attached resolution designates the Planning and Zoning Department as the administrative authority responsible for receiving and reviewing all plat and replat applications and the County Manager or designee as the administrative official with the authority to approve, approve with conditions, or deny plat or replat applications submitted to the County.  The Resolution recognized that the County will initiate amendments to the Land Development Code to ensure compliance with Chapter 2025-164, Laws of Florida, as soon as reasonably possible. PUBLIC HEARING: MOTION OPTIONS: 1. I move recommendation of approval of the Resolution to the Board of County Commissioners regarding the administrative approval of final plats. 2. I move recommendation of approval of the Resolution with changes to the Board of County Commissioners regarding the administrative approval of final plats. 3. I move continuation to a date and time certain. Attachments: Resolution 2026-06 Florida Senate Bill 784 (Laws of Florida 2025-164) 14

CHAPTER 2025-164 Committee Substitute for Committee Substitute for Committee Substitute for Senate Bill No. 784 An act relating to platting; amending s. 177.071, F.S.; requiring that certain plat or replat submittals be administratively approved with no further action by certain entities under certain circumstances; requiring the governing body of such county or municipality to designate an adminis- trative authority to receive, review, and process plat or replat submittals; providing requirements for such designation; defining the term “admin- istrative authority”; requiring the administrative authority to submit a certain notice to an applicant; providing requirements for such notice; requiring the administrative authority to approve, approve with condi- tions, or deny a plat or replat submittal in accordance with the timeframe in the initial written notice to the applicant; requiring the administrative authority to notify the applicant in writing if it declines to approve a plat or replat submittal; requiring that the written notification contain the reasons for denial and other information; prohibiting the administrative authority or other official, employee, agent, or designee from requesting or requiring that the applicant request an extension of time; amending s. 177.111, F.S.; conforming provisions to changes made by the act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 177.071, Florida Statutes, is amended to read: 177.071 Administrative approval of plats plat by designated county or municipal official governing bodies.— (1)(a) A plat or replat submitted under this part must be administra- tively approved and no further action or approval by the governing body of a county or municipality is required if the plat or replat complies with the requirements of s. 177.091. The governing body of the county or municipality shall designate, by ordinance or resolution, an administrative authority to receive, review, and process the plat or replat submittal, including designating an administrative official responsible for approving, approving with conditions, or denying the proposed plat or replat. (b) As used in this section, the term “administrative authority” means a department, division, or other agency of the county or municipality. For purposes of issuing a final administrative approval of a plat or replat submittal, the term also includes an administrative officer or employee designated by the governing body of a county or municipality, including but not limited to, a county administrator or manager, a city manager, a deputy county administrator or manager, a deputy city manager, an assistant county administrator or manager, an assistant city manager, or other high- ranking county or city department or division director with direct or indirect 1 CODING: Words stricken are deletions; words underlined are additions. 15

oversight responsibility for the county’s or municipality’s land development, housing, utilities, or public works programs. (2) Within 7 business days after receipt of a plat or replat submittal, the administrative authority shall provide written notice to the applicant acknowledging receipt of the plat or replat submittal and identifying any missing documents or information necessary to process the plat or replat submittal for compliance with s. 177.091. The written notice must also provide information regarding the plat or replat approval process, including requirements regarding the completeness of the process and applicable timeframes for reviewing, approving, and otherwise processing the plat or replat submittal. (3) Unless the applicant requests an extension of time, the adminis- trative authority shall approve, approve with conditions, or deny the plat or replat submittal within the timeframe identified in the written notice provided to the applicant under subsection (2). If the administrative authority does not approve the plat or replat, it must notify the applicant in writing of the reasons for declining to approve the submittal. The written notice must identify all areas of noncompliance and include specific citations to each requirement the plat or replat submittal fails to meet. The administrative authority, or an official, an employee, an agent, or a designee of the governing body, may not request or require the applicant to file a written extension of time. (4)(1) Before a plat or replat is offered for recording, it must be administratively approved as required by this section by the appropriate governing body, and evidence of such approval must be placed on the plat or replat. If not approved, the governing body must return the plat or replat to the professional surveyor and mapper or the legal entity offering the plat or replat for recordation. For the purposes of this part: (a) When the plat or replat to be submitted for approval is located wholly within the boundaries of a municipality, the governing body of the municipality has exclusive jurisdiction to approve the plat or replat. (b) When a plat or replat lies wholly within the unincorporated areas of a county, the governing body of the county has exclusive jurisdiction to approve the plat or replat. (c) When a plat or replat lies within the boundaries of more than one county, municipality, or both governing body, two plats or replats must be prepared and each county or municipality governing body has exclusive jurisdiction to approve the plat or replat within its boundaries, unless each county or municipality with jurisdiction over the plat or replat agrees the governing bodies having said jurisdiction agree that one plat is mutually acceptable. (5)(2) Any provision in a county charter, or in an ordinance of any charter county or consolidated government chartered under s. 6(e), Art. VIII of the Ch. 2025-164 LAWS OF FLORIDA Ch. 2025-164 2 CODING: Words stricken are deletions; words underlined are additions. 16

State Constitution, which provision is inconsistent with anything contained in this section shall prevail in such charter county or consolidated government to the extent of any such inconsistency. Section 2. Section 177.111, Florida Statutes, is amended to read: 177.111 Instructions for filing plats plat.—After the approval by the appropriate administrative authority governing body required by s. 177.071, the plat or replat must shall be recorded by the circuit court clerk or other recording officer upon submission thereto of such approved plat or replat. The circuit court clerk or other recording officer shall maintain in his or her office a book of the proper size for such papers so that they will shall not be folded, to be kept in the vault. A print or photographic copy must be filed in a similar book and kept in his or her office for the use of the public. The clerk shall make available to the public a full size copy of the record plat or replat at a reasonable fee. Section 3. This act shall take effect July 1, 2025. Approved by the Governor June 20, 2025. Filed in Office Secretary of State June 20, 2025. Ch. 2025-164 LAWS OF FLORIDA Ch. 2025-164 3 CODING: Words stricken are deletions; words underlined are additions. 17

Resolution 2026-06 Page 1 of 2 Page 1 of 2 HARDEE COUNTY RESOLUTION NO: 2026-06 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF HARDEE COUNTY, FLORIDA DESIGNATING AN ADMINISTRATIVE AUTHORITY TO RECEIVE, REVIEW AND PROCESS THE PLAT OR REPLAT SUBMITTAL; DESIGNATING AN ADMINISTRATIVE OFFICIAL RESPONSIBLE APPROVING, APPROVING WITH CONDITIONS, OR DENYING THE PROPOSED PLAT OR REPLAT; ADDRESSING COMMENCEMENT OF NEW SUBDIVISION STANDARDS IN CITY CODE AMENDMENTS AS SOON AS REASONABLY POSSIBLE TO ENSURE LEGAL COMPLIANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 20, 2025, Senate Bill 784 was signed into law and codified as Chapter 2025-164, Laws of Florida, which provided for, among other statutory amendments, amending Section 177.071, Florida Statutes, to require all plat or replat submittals be administratively approved by the county or municipality; and WHEREAS, Hardee County (the “County”) is required to designate an administrative authority to receive, review, and process the plat or replat submittal and to designate an administrative official responsible for approving, approving with conditions, or denying the proposed plat or replat; and WHEREAS, the Board of County Commissioners (the “Board”) wish to comply with state law requirements by designating the Planning and Zoning Department as the administrative authority responsible for receiving and reviewing all plat and replat applications; and WHEREAS, the Board further designates the County Manager or designee as the administrative official with the authority to approve, approve with conditions, or deny plat or replat applications submitted to the County; and WHEREAS, the Article 9 of the County’s Unified Land Development Code (“ULDC”)addresses requirements for plat and replat submission, review and approval procedures that are not in compliance with Section 177.071, F.S. effective July 1, 2025 ; and WHEREAS, in order to ensure compliance with the statutory amendment, the Board hereby finds it to be in the best interests of the County to adopt this Resolution designating the Planning and Zoning Department as the administrative authority and the County Manager or designee as the administrative official until amendments to the respective ULDC provisions are adopted and effective. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Hardee County, Florida: SECTION 1. RECITALS. The foregoing “WHEREAS” clauses are hereby adopted, ratified, and confirmed as being true and correct and are made a specific part of this Resolution as the Board of County Commissioner’s legislative findings and intent pertaining to this Resolution. 18

Resolution 2026-06 Page 2 of 2 Page 2 of 2 SECTION 2. DESIGNATION OF ADMINISTRATIVE AUTHORITY AND ADMINISTRATIVE OFFICIAL. The Board of County Commissioners hereby designates the Planning and Zoning Department as the administrative authority responsible for receiving and reviewing all plat and replat applications and County Manager or designee as the administrative official with the authority to approve, approve with conditions, or deny plat or replat applications submitted to the County. SECTION 3. UNIFIED LAND DEVELOPMENT CODE AMENDMENTS. The County will initiate amendments to the Unified Land Development Code to ensure compliance with Section 177.071, F.S. , as soon as reasonably possible. SECTION 4. CONFLICTS. If any word, sentence, clause, phrase, or provision of this Resolution, for any reason, is held to be unconstitutional, void, or invalid, the validity of the remainder of this Resolution shall not be affected thereby. SECTION 5. EFFECTIVE DATE. This Resolution shall become effective upon passage. APPROVED AND ADOPTED this day of , 2025. THE BOARD OF COUNTY COMMISSIONERS OF HARDEE COUNTY, FLORIDA By:____________________________________ Russell A. Melendy, Chairman (Seal) By:_________________________________ Victoria L. Rodgers Ex-Officio Clerk to the Board of County Commissioners APPROVED AS TO FORM, CONTENT & LEGAL SUFFICIENCY: Sarah Johnston COUNTY ATTORNEY 19

Item Cover Page DATE: November 6, 2025 SUBMITTED BY: Jorden Eisenstein, Community Development Department ITEM TYPE: Appointment AGENDA SECTION: APPOINTMENTS SUBJECT: Agenda No. 25-75, as Ordinance No. 2025-08, a County-initiated amendment to the Hardee County Comprehensive Plan Future Land Use Element, Future Land Use Map series and Definitions section as it relates to the Mining Overlay District. SUGGESTED ACTION: RECOMMENDED ACTION: Staff recommends the Planning and Zoning Board to recommend APPROVAL to the Board of County Commissioners. AGENDA ITEM NO. 9.B PLANNING AND ZONING BOARD AGENDA ITEM REPORT ATTACHMENTS: 01 LCP Mining Overlay_PZ_11_06_2025.doc 20

Page 1 of 5 Comprehensive Plan Amendments: Mining Overlay November 6, 2025 TO: Hardee County Planning and Zoning Board PREPARED BY: Central Florida Regional Planning Council DATE: November 6, 2025 RE: Amending the Mining Overlay Map and related text to address Phosphate Mining (Ordinance 2025-08) BACKGROUND AND REASON FOR REQUEST: The Hardee County Comprehensive Plan (“Plan”) addresses a mining overlay in the Future Land Use Element. Amendments to this overlay are proposed to provide greater clarification specific to phosphate mining and no-phosphate mining areas. Areas indicated within the overlay are not a guarantee of phosphate mining entitlements. The proposed amendments provide clarification. The FLU Map 2 – Mining Overlay Map is proposed to be replaced by the map titled, “FLU Map -2 Phosphate Mining Overlay and No Phosphate Mining Area” for inclusion in the Future Land Use Map series. PLANNING AND ZONING BOARD MOTION OPTIONS: Rezoning Motion Options: 1. I move the Planning and Zoning Board forward the proposed Land Development Code text amendment to the Board of County Commissioners with a recommendation of approval. 2. I move the Planning and Zoning Board forward the proposed Land Development Code text amendment to the Board of County Commissioners with a recommendation of approval with changes. 3. I move the Planning and Zoning Board forward the proposed Land Development Code text amendment to the Board of County Commissioners with a recommendation of denial. 21

Page 2 of 5 Comprehensive Plan Amendments: Mining Overlay November 6, 2025 PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS: Future Land Use Element Future Land Use Element Policy L1.17: The Phosphate Mining Overlay District is to identify identifies areas of Hardee County where phosphate mining has occurred, is occurring, or may occur, but does not provide an automatic entitlement for any type of mining. This overlay does not change the underlying Future Land Use designation. This overlay shall serve as an atlas of pre and post mining geographical conditions including but not limited to soil types, hydrological features, topographical features and land use suitability indices. It shall also identify land use features during the mining process in 5-year intervals until reclamation is complete. Lands within this overlay district not subject to mining may still be included due to off-site mitigation potential, settling pond locations and other mine related impacts. A restrictive mining corridor in which accelerated reclamation of re-contoured overburden only shall be established to maintain the integrity of the "Development Corridor" generally along U.S. 17 and the Peace River in Central Hardee County. This "Development Corridor" will be more specifically defined through amendments to the Hardee County Mining Ordinance. The County may amend the Phosphate Mining Overlay District to incorporate additional properties when data and analysis indicates that identification within the Phosphate Mining Overlay District may be appropriate. Such amendment may be based on the contents of an application for text amendment unless coupled with a Future Land Use Map change or when the Phosphate Mining Overlay District is proposed to incorporate land designated Industrial in which case the amendment shall be based on the contents of an application for map amendment. Amendments to the Definitions Phosphate Mining: The extraction of phosphate ore from the earth by whatever process including the removal of overburden for the purpose of reaching underlying ore, the reclamation of previously mined land, the transporting, washing, sizing, flotation, storage, drying, grinding and shipping of the phosphate, and all activities reasonably related thereto, except chemical processing. NoPhosphate Mining Areas: Areas that are not available for phosphate mining as identified on Map XX within the Hardee County Future Land Use Map Series without further amendment to the underlying Future Land Use designation and/or boundaries of the Phosphate Mining Overlay District. 22

Page 3 of 5 Comprehensive Plan Amendments: Mining Overlay November 6, 2025 Map indicating Current Phosphate Mining Overlay and Proposed Changes Acreage Information Current Mining Overlay: 153,613.94 acres Proposed Mining Overlay: 136,359.97 acres Area Added: 5,775.81 acres Area Removed: 14,912.17 acres No-Phosphate Mining Area: 196,109.25 acres 23

Page 4 of 5 Comprehensive Plan Amendments: Mining Overlay November 6, 2025 FUTURE LAND USE MAP SERIES AMENDMENTS FLU Map 2 – Hardee County – Mining Overlay Map will be replaced by FLU Map 2 –Phosphate Mining Overlay and No-Phosphate Mining Area Map. 24

Page 5 of 5 Comprehensive Plan Amendments: Mining Overlay November 6, 2025 25

Item Cover Page DATE: November 6, 2025 SUBMITTED BY: Jorden Eisenstein, Community Development Department ITEM TYPE: Appointment AGENDA SECTION: APPOINTMENTS SUBJECT: Agenda No. 25-82, Bernie Lott, as property owner, is requesting approval of a Variance to reduce the front setback from 50 ft to 38 ft to accommodate a new single-family home to replace the structure that was damaged by Hurricane Ian, located in the A-1 zoning district, Highway Mixed Use FLU category. SUGGESTED ACTION: RECOMMENDED ACTION: Staff recommends the Planning and Zoning Board to recommend APPROVAL to the Board of County Commissioners. AGENDA ITEM NO. 9.C PLANNING AND ZONING BOARD AGENDA ITEM REPORT ATTACHMENTS: STAFF REPORT.docx REVISED SITE PLAN.pdf revised app.pdf 26

STAFF REPORT Request for Variance Agenda No: VAR 25-82 Request: Request for a Variance to reduce the front setback from 50’ to 38’ at the front property line, on a .25 +/- acre, parcel zoned A-1 (Agriculture) in the Highway Mixed Use Future Land Use Category. Property Owner/Applicant: Bernie Lott c/o Sarah Maier with Rebuild Florida 144 College Lane Zolfo Springs, FL 33890 Location: 144 College Lane, Hardee County Located on the north side of College Lane, west of US Hwy 17 S Parcel Identification: 34 34 25 0000 08090 0000 Site Size: 0.25 +/-acres Existing Zoning/Land Use: A-1 (Agriculture) zoning/Highway Mixed Use FLU Surrounding Zoning/Land Use: All adjacent properties: A-1 zoning/Highway Mixed FLU With some C-2 zoned lands to the south of the subject parcel. Subject Property History The subject A-1 zoned parcel of land was created prior to the adoption of the 1996 Unified Land Development Code, and therefore qualifies as a lot of record, not meeting the minimum 5.0 acre size and 200’ of lot width of the A-1 zoning district. Specifically, the subject property measures approximately 125 +/- feet deep and 87 +/- feet wide. However, at 125’ in depth and requiring a 50’ front setback and a 25’ buffer from the wetlands boundary, means the property has a small 740 sf buildable area, which is less than the minimum size requirement of a home (780 sf). 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. 27

HARDEE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT – LOTT – 144 COLLEGE LN 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 only has approximately 740 sf of buildable area, none of the Rebuild Florida model homes can fit on the lot and meet the 50’ front setback and 25’ wetland buffer requirements. The current request to replace the building comes from the severe damage the structure suffered during Hurricane Ian. The property owner is working with Rebuild Florida associates 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 owner procured 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 replacement home is a right enjoyed by other lands in the same zoning and land use classification. 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. 28

HARDEE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT – LOTT – 144 COLLEGE LN 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 (12’ or 24% reduction on the front setback) 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 neighborhood is comprised of lots of record that are approximately the same size as the subject parcel;. As such, the replacement of the home with another 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 approval of a variance requesting to reduce the minimum front yard setback from 50’ to 38’ 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-25-82 to reduce the setbacks from 50’ to 38’ from the front property line, on a 0.25 +/- acre parcel zoned A-1 in the Highway Mixed Use Future Land Use Category to accommodate a new, replacement home for the property owner. Attachments: Location Map Zoning Map FLU Map Food/Wetlands Map Aerial Map 29

HARDEE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT – LOTT – 144 COLLEGE LN 4 30

HARDEE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT – LOTT – 144 COLLEGE LN 5 31

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