☐ Consent Agenda ☒Quasi-Judicial Public Hearing
☐ Regular Business 6:30 pm
☐ Public Hearing Resolution
DEPARTMENT: Planning & Zoning
SUBMITTED BY: Laura McClelland
PRESENTED BY: Misty Servia
TITLE & DESCRIPTION:
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Resolution / PRMWSA Development Plan / SITE-0160-2025
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REQUESTED MOTION:
A motion to adopt/deny the proposed resolution for a development plan and enter into the record this development review report and the findings and conclusions and all other competent substantial evidence presented at the hearing.
SUMMARY:
The applicant requests that the Board make a finding that the proposed utility expansion be considered an Essential Service and approval of a Development Plan to expand an existing potable water treatment facility, a new reservoir, and associated infrastructure on 34 parcels, as identified by the Property Appraiser, on +/- 6,494.07 acres.
The proposed use meets the requirements to be considered an essential service, as the term is defined in the County’s Comprehensive Plan. Specifically, Comprehensive Plan Future Land Use Element Policy 1.1.14 defines “Essential Services” and allows infrastructure such as water, wastewater, etc. to be allowed in any zoning district through the County’s Development Plan process.
Implementation of this policy is found in three areas of the LDRs. First, in LDR Section 20-1650, the definition of an Essential Service is as follows: “Essential services means services designed and operated by, or under the approval of, appropriate governmental jurisdictions to provide necessary utilities, general communications, public uses, and solid waste disposal facilities.” Second, in LDR Section 20-1433(10), it states if the Board finds the proposed use to be an essential service, the project does not require a special exception. Third, in Section 20-95, it provides that Essential Services may be located in any zoning district as approved by the Board of County Commissioners, and as more particularly set forth therein.
The subject parcels are owned by both the Peace River Manasota Water Supply Authority (PRMWSA) and the Southwest Florida Water Management District (SWFSMD) and located northwest of CR 769 and southeast of CR 769 at 9010 SW CR 769, Arcadia, Florida 34269
BACKGROUND:
This Development Plan is for the PRMWSA’s new, third reservoir (Reservoir No. 3). This is a new 9-billion-gallon reservoir with associated infrastructure on the RV Griffin Reserve. It also includes an expansion of the treatment capacity at the Peace River Water Treatment Facility (PRWTF), including a new river water intake and pump station on the Peace River, raw water transmission main to the new and existing reservoir system, and new reservoir pump station. The project includes multiple new buildings, structures, and turn lane improvements to Kings Highway.
Together, this new infrastructure comprises the Peace River Regional Reservoir No. 3, or PR3, Project. The purpose of the PR3 Project (Project) is to meet the growing drinking water needs across a four-county area by interconnecting major water supplies and developing additional alternative water supply (AWS) capacity. PRMWSA is an independent special district of the State of Florida, comprised of four member counties including Charlotte, DeSoto, Manatee, and Sarasota Counties, as well as one customer, the City of North Port.
The overall site lies within two future land use categories: Preservation, and Public Lands and Institutions (PLI). The PLI land use designation supports utility uses, but Preservation does not directly support the use and states, “Only limited passive recreation facilities that enhance enjoyment of natural resources and unclosed structures shall be allowed in the Preservation Land Use. No residential or non-residential uses shall be permitted.”
DeSoto County is pursuing a County-initiated future land use map amendment to align the existing and proposed uses consistent with the public utilities / water treatment use. Specifically, to amend the future land use category from Preservation to PLI, consistent with Policy 1.10.1 related to assigning new areas for the PLI land use category on the future land use map on those lands already legally owned or controlled by a governmental entity and use to service the public, and those privately owned lands that are conveyed for governmental use purposes.
The proposed use meets the requirements to be considered an essential service. Comprehensive Plan Future Land Use Element Policy 1.1.14 provides that “Essential Services” such as infrastructure for water, wastewater, etc. to be allowed in any zoning district through the County’s Development Plan process.
As noted above, implementation of this policy is found in three areas of the LDRs. First, in LDR Section 20-1650, the definition of an Essential Service is as follows: “Essential services means services designed and operated by, or under the approval of, appropriate governmental jurisdictions to provide necessary utilities, general communications, public uses, and solid waste disposal facilities.” Second, in LDR Section 20-1433(10), it states if the Board finds the proposed use to be an essential service, the project does not require a special exception. Third, in Section 20-95 it provides that Essential Services may be located in any zoning district as approved by the Board of County Commissioners.
If the project was not considered an Essential Service, the LDR would require a special exception in the P/I zoning and A-10 districts for the proposed uses and facilities.
Staff has included a finding in the accompanying Resolution that the proposed use, expansion of the water treatment plant, a new reservoir and associated infrastructure is an Essential Service, and therefore, a special exception approval is not required.