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HomeMy WebLinkAboutAgenda/Memo/Minutes 12-18-2007 Agenda Request Item Number ~ ~ Meeting Date: 12H812o07 Consent ( 3 . . ~ , . Regu)ar f ] a • f , e ~ • ' ~ . Public Hearin9 [Xl v , _ _ Leg. [X ) Quasi-JD I ] To: Board of County Commissioners Pre nted By Submitted By: Growth Management Department _1~G!d~ Growth,l~Aanagement Di~ector SUBJECT: Public Hearing regarding whether to adopt, adopt with changes, or determine thai the County will not adopt tl~e proposed items induded in St. Lucie County Amendment Cyde 2007-2. BACKGROUND: See Attached Staff Report. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On Novem#~er 5, 2007, the Department of Community Aifairs provided its review of the S~ Lucie County proposed Comprehensive Plan Amendment Cyde 2007-2. Stafi has reviewed the Objections, Recommendations and Commerrts Report and has provided a response in the attached memorandum. On August 21, 20b7, the Board of County Commissioners held a public hearing on the amehdment cycle and voted to forvvard Ordinance No. 07-018; Ordinance No. 07-fl19; Ordinance No. 07-044; and Ordinancs No. 07-025 to the Florida Department of Community Affairs. The recomme~dations of the Board regarding each item appear on the attached Amendment Cyde 2007-Z Staff Report. Minutes of the Board meeting are attached to the Amendmerrt Cyde 2007-2 Steff Report for your convenience. The Pfanning and ZonEng Commission held a public t~earing on the amendrr?ent cyde starting May 18 and 17, continuing on June 21, 2007, and end+ng or~ July 19, 2007. The recommendations of the Planning end Zoning Commission regarciing each item appear on the attached Amendment Cycle 2007-2 StafF Report. Minutes of the Plenning and Zoning Commission meeting are attsched to the Amendmerrt Cycle 2007- 2 Staff Report for your convertience. Video and/or audio r~ordings of the Planning and Zoning Commission meetings are on file with the Public Information Offioe ff you need them. RECOMMENDATION: Open the public hearing for St. Lucie Counry Amendment Cycle 2007-2, hear the staff report on each item, hear the appiicarrt's commerrts if the appNcarrt is not the wunty, take public comment on each item, then dose public oomment, not the hearing, on each item. Hold Boand discussion on each item. Vote to acbpt, adopt with chenges, or not adopt the proposed amendment. COMMISSION ACTION: CONCU NCE: ~ APPROVED ~ DENIED 0 ~THER u as M. Attderson CouMy Administratvr • !11 -Otd. U7-018 Approvcd 5-0 • f!2 - C?rd. 07-019 Approved ~-0 Motion to approve with requestad chang,es to language as statcd by Comm. Coward • M3 - Chd. 07-044 Approved 5-0 MWion to approve wilh delelion s as stated by Comm. Grande. . #4 - Ord. 07-025 Approved 5-0 Motion to include addition af 1!7 and deleticxi of vegetative buffer. • Approved 5-0 Motion to ratify the Boards actions u? previous actions and grant pernrission to transmit adopted ordinanc~ to DCA. ~I _.~i~:.. . . I..._:. . ` ~ ~ ~ GROWTH MANAGEMENT DEPARTMENT PLA(VNiNG ~ e r M~ MEMORANDUM TO: Board of County Commissioners FROM: Mark Satterlee, Director af Growth Managernen DATE: December 10, 2~07 SUBJECT: Amendment Cycle 2007-2 Staff Report - Adoption Hearing This memorandum provides staff review and recommendations regarding the proposed items included in St. Lucie Caunty Comprehensive Plan Amendment Cycle 20b7-2. The items reviewed have been placed in specific categories for ease of presentation and review. There will not be an individual memorandum for each item. Cate o A. Amendments intended to implement or clarify stated poiicy of the Board of ' County Commissioners, or to change the Comprehensive Plan ta comply with state law. 1. Ordinance No. 07-018 - Update of the Five-Year Schedufe of Capital Improvements and adding a definition of capital improvements to the Capital lmprovements Element of the adopted Comprehensive Plan. Ordinance No. 07-018 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY COMPREHENSIVE PLAN ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENTS PLAN, AND CAPITAL IMPROVEMENTS ELEMENT, A LARGE SCALE TEXT AMENDMENT; AND ADOPTING A TEXT AMENDMENT TO THE COMPREHENSIVE PLAN DEFINING A CAPITAL IMPROVEMENT; PROVIDiNG FOR CONFLICTING PROVISIONS; PRC?VIDING FOR SEVERABtLITY; PROVtDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE DEPARTMENT OF COMMUNITY AFFAfRS; PROVIDING FOR AN EFFECTIVE DATE; AND PR~VIDING FOR ADOPTION AND FOR CODIFICATION. December 10, 2007 Subject: Amendment Cycle 2007-2 Page 2 Adoption Hearing STAFF COMMENTS: Transmitted with this memo is Draft Qrdinance No. 07-018 which would, if adopted, update the Five-Year Schedule of Capital Impravements and add a definition of "Capital Improvements" to the Capital improvements Efement of the adopted St. Lucie County Comprehensive Plan. On August 21, 2007, the Board of Caunty Cornmissioners approved transmittal of Ordinance No. 07-018, Five-Year Schedule of Capital Improvements (200712012) and definition of "Capital Improvemenfs" to the Florida Department of Community Affairs (Departrnent). On November 11, 2007, the County received #he Objections, Recommendations, and Comments (ORC) Report from ihe Department regarding the 07-2 Comprehensive Plan Amendment. The report found that the proposed Ordinance No. 07-018 referred to varying fiscal years, rather than from FY 2007/2008 ta 2012J2013. Staff spoke with the Department regarding the correct fiscal years and iE was determined that the Five-Year Schedule is from FY 2007/2008 to 2011/2012, rather than FY 2007/2008 to 2012/2013 as stated in Qbjection 1 of the ORC Report. Staff has reviewed Ordinance No. 07- 018 for consistency with fiscal years 2007l20~8 to 2011/2012 and has made the required changes for consistency. A copy of the transmittal to the Department of Community Affairs and the Objections, Recommendations and Comments (ORC) Report are attached for your reference. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt Ordinance No. 07-018. 2. Ordinance No. 07-019 - Environmental, Open Space, and Recreational Level of Service Standards and Provision for Impact Fees Ordinance No. 07-019 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE ST. LUCIE COUNTY COMPREHENSIVE PLAN BY ADOPTING AMENDMENTS TO THE RECREATI~N AND OPEN SPACE ELEMENT OF THE COMPREHENSIVE PLAN RELATING TO DESIRED OUTD04R RECREATION STANDARDS (TABLE 9-6) AND THE RECOMMENDED CLASSIFICATION SYSTEM, ATTACHED AS EXHIBtT "A" HERETO; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILlTY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT QF STATE; PROVIDING FOR TRANSMITTAL TO THE FLORiDA i . December 10, 2007 Subject: Amendment Cycle 2007-2 Page 3 Adoption Hearing DEPARTMENT OF COMMUNITY AFFAIRS; AND PR~VIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. STAFF COMMENTS: Transmitted with this memo is Draft Ordinance No. 07-019 which would, if adopted, estabiish an adopted level of service for passive recreation areas in the County. Staff has been working with Dr. James Nichalas to establish the framework for an Environmental Lands Acquisition Impact Fee. As advised by Dr. Nicholas, the first step in the process is to amend the Comprehensive Plan to establish a level of service. , On June 21, 2007, staff requested that the Planning and Zoning Commission continue this item to the Jufy 19, 2007 rrzeeting so tha# the Commission could receive the data and analysis prepared by Dr. Nicholas relating to this item. The Commission voted unanimously to continue to July 19, 2007 at 6:00 PM or as soon thereafter as possible. On July 19, 2007, the Planning and Zoning Commission recommended that Ordinance No. 07- 0'E9 be forwarded to the Board of County Commissioners with a recommendatian to transmit to the Department of Community Affairs in the next transmittal cycle with recortzmended changes that have been incorporated into the ordinance. Ali but one of the changes has been incorporated. The proposed change dealing with exempting the TVC planning area was not included in this ordinance because it was suggested by Dr. Nicholas that this area be exempted by ordinance rather than in the Comprehensive Plan. Jonathon Ferguson, Esq,, Ron Heiman, Dennis Murphy, and Tom Babcock all spoke in opposition during the public camment portion of the hearing for reasons such as: the ordinance needs additional work and research and should be brought back under the EAR-based amendments, and additionaf impact fee will make housing even more unaffordable, and whether or not this is a requirement of the TVC area. The Planning and Zoning Cornmission voted 3-3 (Mr. Culverhouse, Mr. Schrader, and Ms. Morgan dissenting) and the motion failed 3-3. On August 21, 2007 the Board of County Commissioners voted 4-1 (Cornmissioner Craft dissenting) to transmit Ordinance No. 07-019 to the Department of Community Affairs in the 07- 2 transmittal cycle. On November 11, 2007, the County received the Objections, Recommendations and Comments report from the Department of Community Affairs regarding the 07-2 Comprehensive Plan Amendment. The report did not identify any objections, recommendatians or comments regarding Ordinance Na. 07-019. A copy of the transmittal to the Department of Community Affairs and the Objections, Recommendations and Cvmments (ORC) Report are attached for your reference. December 10, 2007 Subject: Amendment Cycle 2007-2 Page 4 Adoption Hearing STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt Ordinance No. 07-019. 3. Ordinance No. 47-044 - Transferring Density, New Palicy 1.1.4.5. Ordinance No. 07-044 AN ORDINANCE OF THE BOARD OF COUNTY COMMIS510NERS ~F ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE ADOPTED COMPREHENSIVE PLAN, FUTURE LAND USE ELEMENT BY ADDING A NEW POLICY 1.1.4.5 THAT PROHIBITS TRANSFERRING DEN5ITY TO A PARCEL OF LAND FROM WHlCH DENSITY HAS BEEN PREVIOUSLY TRANSFERRED, AND PROVIDING AN EXCEPTION; PROVIDING FINDINGS; PROVIDING FOR APPLICABILITY; PROVIDlNG ~OR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNlTY AFFAIRS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. STAFF COMMENTS: Transmitted with this memo is Draft Ordinance No. 07-0.44 which would, if adopted, update the Future Land Use Elemenf by adding a new Policy 1.1.4.5 regarding transfers of density. On August 21, 2007, the Board of County Commissioners voted 4 to 1(Commissioner Lewis dissenting) to transmit Draft Ordinance No. 07-044 as amended, removing the AG PUD portion and Rural Lands Stewardship exception, to the Department of Community Affairs. On November 11, 2007, the County received the Objections, Recommendations, and Comments (ORC) Report from the Department of Community Affairs regarding the 07-2 Comprehensive Plan Amendment. The report did not identify any objections, recommendations or comments regarding Ordinance No. 07-044. A copy of the transmit#al to the Department of Community Affairs and the Objections, Recommendation and Comments (ORC) Report are attached for your reference. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt Ordinance No. 07-044. December 10, 2007 Subject: Amendment Cycle 2007-2 Page 5 Adoption Hearing Cateqorv B. Amendments Intended to Emplement the Jenkins Road Special District Plan Amendment Requirements Prior to Rezoning Property 4. Ordinance No. 07-025 - Loop Road Ordinance No. 07-025 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE ADOPTED CUMPREHENSIVE PLAN FUTURE LAND USE MAP AND FUTURE LAND USE ELEMENT TEXT F~R A 91 ACRE (M.D.L) PARCEL OF I.AND FROM RESIDENTIAL URBAN (RU) 5 DWELLING UNITS PER ACRE, TO MIXED USE (MXD) LOW tNTENSITY ON NORTH 34.25 ACRES AND MIXED USE (MXD) MEDEUM INTENSITY ON THE SOUTH 54.74 ACRES; AND AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT TO PROVIDE FOR SPECIAL DISTRICT POLICIES APPLICABLE TO THE NEW MXD, AND ADDING THE MAP OF THE NEW MXD TO THE MAPS IN FIGURE 1-7; PROVIDING FtND[NGS; PROVIDlNG F~R CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABtLITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING AN EFFECTiVE DATE; AND PR~ViDING FOR ADOPTION. STAFF COMMENTS: Transmitted with this memo is Draft Ordinance No. 07-025 which would, if adopted, amend the adopted Comprehensive Plan Future Land Use Map and Future Land Use Text for a 91 acre parcel of land from Residential Urban (RU) ta Mixed Use (MXD). On August 21, 2007, the Board of County Commissioners voted unanimously to transmit Draft Ordinance No. 07-025, Future Land Use Map Amendment and Future Land Use Text Amendment to the St. Lucie County Comprehensive Plan, to the Department of Community Affairs in the 07-2 transmittal cycle. On Novernber 11, 2007, the County received the Objections, Recommendations, and Comments (ORC) Report from the Department regarding the 07-2 Comprehensive Plan Amendment. The report found that the proposed Ordinance No. 07-025 did not include data and analysis to explain how traffic impacts on Orange Avenue, Kings Highway, I-95 and Jenkins Road wi11 be mitigated in order to achieve and maintain the adopted level of service standard in the St. Lucie County Comprehensive Plan. Staff spoke with the Department regarding Objection 2 in the ORC Report and it was December 10, 2007 Subject: Amendment Cycle 2007-2 Page 6 Adoption Hearing determined that the proposed Land Use Amendment must demonstrate consistency and financial feasibility with County and State five-year work programs. Staff met with the applicant regarding Objection 2 and the applicant provided the attached Technical Memorandum prepared by Jason B, Matson, P.E., with Kimley-Horn & Associates, Inc. to address the Department's Objection. Staff has reviewed the Technical Memorandum and found that the planned improvements and potential mitigation options wauld achieve and maintain the adopted level of service standard in the St. Lucie County Comprehensive Plan. A copy of the transmittal to the Department of Community Affairs, the Objections, Recommendation and Comments (ORC) Report and Technical Memorandum prepared by Kimley-Horn & Associates, Inc. are attached for your reference. STAFF RECOMMENDATION: Staff recommends that the B~ard of County Commissioners adopt Ordinance No. 07-025. ti BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: December 18, 2007 Convened: 6:00 p.m. Adjourned: 9:11 p.m. Commissioners Present: Chairman, Joseph Smith, Paula A. Lewis, Chris Craft, Charles Grande, Doug Coward Others Present: Assistant County Administrator, Faye Outlaw, Dan McIntyre, County Attorney, Michael Brillhart, Economic & Strategic Development Director, Don West, Public Works Director, Diana Lewis, Airport Director, Beth Ryder, Community Services Director, Marie Gouin, MM & B Director, Mark Satterlee, Growth Management Director, Vanessa Bissey, Environmental Resources Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Coward, seconded by Com. Grande, to approve the minutes of the meeting held December 11, 2007, and; upon roll call, motion canied unanimously. 2. PROCLAMATIONSlPRESENTATIONS A. Annual Christmas Remembrance- Sue Munyan and the 4-H Clubs made their annual Christmas Remembrances Presentation to the Board. 3. GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce resident, addressed the Board on various issues. Mr. Stan Hicks, Representing the Historical Society, addressed the Board regarding the Historical Society's historical collection in progress and the celebration of Port St. Lucie's 50~' Anniversary. 4. CONSENT AGENDA It was moved Grande, seconded by Com. Craft, to approve the Consent Agenda to include the additions of CA-1 and CA-2, and; upon roll call, motion carried unanimously. l. WARREINT LIST The Board approved Warrant List No. 11. 2. COUNTY ATTORNEY A. Volo Holdings Ft Pierce, LLC- The Board consented to the sublease agreement between Volo Holdings Ft. Pierce, LLC and Omniflight Helicopters, Inc. B. Revocable License Agreement- Mr. & Mrs. James Brann- 4101 Lookout court- The Boazd approved the Revocable License Agreement authorized the Chairman to sign the Revocable License Agreement and directed Mr. & Mrs. Brann to record the document in the Public Records of St. Lucie County, Florida. 1 12/1•8/07 ST. LUCIE COL..__ - BOARD PAGE ~'ZABWARR WARRANT LIST #11- 08-DEC-2007 TO 14-DEC-2007 FUND SUMMARY ( !D TITLE EXPENSES PAYROLL 001 General Fund 1,353,581.28 699,862.72 001156 FTA USC Secton 5307 Qper. Assist. 93,538.0(3 0.00 001164 USDOJ Violence Against Women Grant 15,099.89 177.80 001167 FTA Section 5303 Grant FY 05 181.22 528.60 0011?? "Section 112JMP0/FHWA/Planning 2006 7.24 0.00 001178 FTA-Buses FY 05/06 12,285.00 0.00 001180 US Dept Housing HUD Shelter Plus Gr 1,371.74 258.54 001181 FTA Section 5307 Operating & Capita 151,220.~0 0.00 001182 CSBG Grant FY07 202.53 0.00 OQ1183 Section 112/MPO/FHWA/Planning 2007 5,019.53 3,638.92 001195 Cammunity Services Block Grant 119.54 1,439.00 001404 05 CDBG Sup Disaster Recovery 1,880.35 1,381.01 001405 St Lucie Co Special Needs Shelt 2,800.00 0.00 001412 CTD Medicaid Non-Emrg Grant FY 07 44,376.00 0.00 001420 TDC Planning Grant 07 507.35 607.89 001421 F1 Commission for Transportation Di 32,6a6.50 0.00 001424 Dept of Financial Services My Safe 95.02 0.00 001814 Floridian Aquifier Well Monitoring 131.50 1,466.15 101 Transportation Trust Fund 50,7.84.80 45,019.20 101001 Transportation Trust Interlocals 80.36 1,050.54 101002 Transportation Trust/80~ Constitut 79,118.02 51,366.85 101003 Transportation Trust/Local Option 51,654.05 36,798.05 1n1004 Transportation TrustlCounty Fuel Tx 36,4Q7.50 24,287.47 ( 006 Transportation Trust/Impact Fees 25,3Q6.96 0.00 ~~2 Unincorporated Services Fund 93,7~2.75 90,987.52 102001 Drainage Maintenance MSTU 28,662.58 6,915.20 105 Li.brary Special Grants Fund 4,324.53 0.00 , 107 Fxne & Forfeiture Fund 448,550.05 158,002.37 107001 Fine & Forfeiture Fund-Wireless Sur 521.85 1,118.32 107002 Fine & Forfeiture Fund-E911 Surchar 12,243.82 2,279.03 107003 Fine & F'orfei~ure Fund-800 Mhz Oper 3,646.31 0.00 107006 F&F Fund-Court Related Technology 15,775.89 $,78q•96 107204 FL Dept Juvenile 3ustice-DMC Civil 169.23 1,626.55 129 Parks MSTU Fund 45,829.21 0.00 130 SLC Public Transit MSTU 87,489.73 O.OQ 140 Port & Airport Fund 20,118.86 17,329.42 140001 Port Fund 26,801.72 0.00 140131 Design Parallel Runway 9L/27R 9,273.38 0.00 140133 Construct Runway 9L/27R 79,301.25 0.00 140335 Parallel Runway Design-9L/27R 4,651.81 0.00 140344 Taylor Creek Restortation Phase 3 667,098.00 0.00 142 Port M5BU Development Fund 2$,786.~3 0.00 150 Impact Fee Collections 2,457.81 1,221.44 160 Plan Maintenance RAD Fund 4,509.21 3,612.62 183 Ct Administrator-19th Judicial Cir 4,620.92 744.31 183001 Ct Administrator-Arbitration/Mediat 780.00 0.00 183009 Ct Admin.- Teen Court 3,679.00 3,238.86 183006 Guardian Ad L.item Fund 894.89 0.00 i ~ 12/1'8/07 ST. LUCIE COL..~_ - BOARD PAGE FZABWARR WARRANT LIST #11- 08-DEC-2007 TO 14-DEC-2007 FUND SUMMARY !D TITLE EXPENSES PAYROLL 184211 FDEP South SLC Beach Restoration 13,572.00 0.00 185007 FHFA SHIP FY06/07 5,~p ~~,2~ 185008 FHFA Hurricane Housing Recovery 36.55- 495.44 185009 FHFA SHIP 2007j2008 551.82 1,083.20 189201 FHFC Hurricane Housing Recovery Pla 9,330.57 5,149.72 310002 Impact Fees-Parks 597.08 0.00 310806 FIND-S. Causeway Island Park Imp 5,627.37 0.00 316 County Capital 19,419.65 0.00 316001 Transportation Capital 229,516.30 0.00 318 County Capital-Transportation 12,693.23 0.00 382 Environmental Land Capital Fund 30.12 0.00 401 Sanitary Landfill Fund 456,252.39 68,856.27 418 Golf Course Fund 34,691.20 24,674.07 451 S. Hutchinson Utilities Fund 16,854.00 1,932.78 458 SH Util-Renewal & Replacement Fund 416.$9 887.16 961 Sports Complex Fund 61,477.83 20,196.89 471 No County Utility District-Operatin 67,979.84 9,365.82 478 No Cty Util Dist-Renewal & Replace 983.28 1,704.28 479 No Cty Ut~l Dist-Capital Facilities ~ 948.02 1,357.89 491 Building Code Fund 50,151.31 63,424.08 505 Health Insurance Fund 395,211.39 4,163.70 505001 Property/Casualty Insurance Fund 10,460.75 2,414.24 Fi1 Tourist Development Trust-Adv Fund 24,827.50 0.00 ( Bank Fund 376,~72.13 0.00 GRAND TOTAL: 5,285,122.03 1,369,473.07 4 , C. Hurricane Housing Recovery Program- The Board approved the HHRP Agreement, Promissory Note, Mortgage, Assignment of Rents and Secwrity Agreement, and Subordination Agreement for Madison Cay, Ltd., and authorized the Chairman to sign the documents. D. Interlocal Agreement- St. Lucie County Cooperative Extension Director to serve as Interim Martin County Cooperative Extension ~irector- The Board approved the proposed Interlocal Agreement with Martin County, and authorized the Chairman to sign the agreement. E. Florida Cammunities Trust - Harbor Branch Preserve FCT Project 07-027- FF7- Grant Contract and Confidentiality Agreement- The Board approved the Florida Communities Trust Grant Contract and Confidentiality Agreement and transmit to Florida Communities Trust. F. Request Permission to advertise a Public Hearing- The Boazd authorized staff to advertise a Public Hearing to be held on Tuesday, January 8, 2008 at 9:00 a.m. or as soon thereafter as possible to consider the closing of apportion of Taylor Dairy Road. 3. PURCHASING A. Invitation to Bid 07-114 Purchase of sign materials- the two lowest responsible, responsive bidders, Universal Signs & Accessories and 3M Company for the not to exceed amount of $ 135,000 based upon unit pricing- The Board approved Invitation to Bid 07-114 to the twa ].owest responsive, responsible bidders, Universal Signs and Accessories and 3M Company for 1) not to exceed amount of $135,000 for line items to be purchases "as needed" based upon unit pricing, 2) a term of three years with two one yeaz renewals, 3) authorization for the Chairman to sign the contract as prepared by the County Attorney. B. Boazd approval to award Invitation to Bid # 07-115 Aquatic Vegetation Control to the lowest responsive, responsible bidder, Aquagnix for the cost of $395,702.16- The Boazd approved awarding Invitation to Bid # 07-115 to Aquagnix for a cost of $395,702.16 and authorized the Chairman to sign the contract as prepared by the County Attorney. C. Award of Invitation to Bid # 08-007- for the painting of the overhead steel beams, canopies and columns at Tradition Field to VIP Painting Inc., for a cost of $28,500.- The Board approved awarding Invitation to Bid # 08-007 at a cost of $28,500 and authorized the Chairman to sign the contract as prepared by the County Attorney. D. Award of Invitation to Bid 08-009 for the cleaning of the Tradition Field Sports Complex to Coverall, for the not to exceed amount of $85,000 - the Board approved awarding Invitation to Bid OS-009 to Coverall in an not to exceed amount of $85,000 and authorized the Chairman to sign the contract as prepared by the County Attorney. E. Board approval to advertise an invitation to bid for the purchase of guardrail materials to repair and install guardrails as needed on County roads- the Boazd approve advertising an Invitation to Bid for the purchase af guardrail materials. 4. CENTK~IL SERVICES A. St. Lucie County Logistics Center- Purchase and installation of the following items: The Board approved the purchase and installation of fencing(gate not to exceed $1600., shelving @$ 2,395, & wire containers @$2,795 and the 2 addition of restroom facilities @$5,000 for the St. Lucie County Logistics Center. B. Facilities Use Agreement- Port St. Lucie Historical Society- The Board approved the Facilities Use Agreement between St. Lucie County and the Port St. Lucie Historical Society for space available at the Walton road Annex located at 1664 S.E. Walton Road and authorized the Chairman to sign the Agreement as prepared by the County Attorney. 5. PUBLIC WORKS A. Request approval of BOCC to purchase equipment components and services from Sanders and Company, Inc. to upgrade the pump controls at Platt's Creek Stormwater Facility- The Boazd approved the purchase of components and services from Sanders and company, Inc. as the lowest quote in the amount of $19,721.00 for the improvement of the pumps at Platt's Creek Stormwater Facility. B. Engineering Division - Second Amendment to Work Authorization No. 1 (C00-OS-492) Construction on the projects that have been completed- The Board approved the Second Amendment to Work Authorization No. 1 for additional funds in an amount not to exceed $80,835.74 and an extension of time to December 31, 2007 for Construction Management Services with American Consulting Engineers of Florida LLC for the Midway Road and Glades Cut off Road Intersection Improvements; South Jenkins Road Extension and coordination for the installation of waterline on Glades Cutoff Road projects. C. Engineering Division - Approve Work Authorization No. 1 with Arcadis for Construction Engineering and Inspection Services for the Indian River Estates Stormwater Improvement Phase 1 Pump Station project in the amount of $267,955.00- The Board approved Work Authorization No. 1 with Arcadis. D. Engineering Divisian Approve Work Authorization No, 3 with Dunkelberger Engineering & Testing for Construction Material Testing for the Indian River Estates Stormwater Improvements- Phase 1 Pump Station project in the amount of $39,784.00- The Boazd approved Work Autharization No. 3 with Dunkelberger Engineering & Testing in the amount of $39,784.OQ. E. Engineering Division- Approve Second Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen & Sawyer Engineers in the amount of $13,100.00 - The Board approved the Second Amendment to Work Authorization No. 25 with Hazen & Sawyer in the amount of $13,100.00 and authorized the Chairman to sign. F. Engineering Division- Second Amendment to Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers for the evaluation o~ pond locations for Harmony Heights Stormwater Improvements Phase 1 in the amount of $16,136.00 - The Board approved the Second Amendment to Work Authorization No. 1 in the amount of $16,136.00 with Inwood Consulting and authorized the Chairman to sign. 6. MEDIA RELATIONS IQM2- Intelligent Meeting Management Contract- The Board approved the IQM2 contract in the amount of $27,050 and authorized the Chairman to sign. 7. SHERIFF'S OFFICE 3 The Board approved accepting a State Criminal alien Grant 2007 awazd. And approved Budget Resolution No. 07-391 and authorized the County Administrator to sign the application documents. 8. ECONOMIC & STRATEGIC DEVELOPMENT The Board approved the Letter of Intent for a Jab Growth Investment Grant and an Ad Valorem Exemption between St. Lucie County and Treasure Coast Jet completions. 9. AIRPORT A. Approval of Resolution No, 07-392 adopting a revision to the Airport Layout Plan for the St. Lucie County International Airport and authorize staff to submit the revised Airport Layout Plan to the FAA and PDOT- The Board approved Resolution No. 07-392 and authorized the Chair or designee to execute same. B. Approval of Budget Resolution No. 07-393 in the amount of $45,000 for the change Orders for the AircraR Rescue Fire Fighting Facility at the St. Lucie County International Airport- The Bvard approved Budget Resolution No. 07-393 in the amount of $45,OQ0 and authorized the Chairman or designee to execute same. C. Request for approval of PBS&J First Amendment to Work Authorization No, 19 for FDOT Pavement Condition Index Inspection reducing the lump sum amount from $8,649.00 to $5,019.88 due to a reduction in services required at the S. Lucie Counry International Airport- The Board approved the First Amendment to Work Authorization No. 19 and authorized the Chair or designee to execute same. 10. COMMUNITY SERVICES A. Approval to award Community Development Block Grant Disaster Recovery Initiative Bids 8-17 to each low bidder for a total awazd amount of $780,508- The Board approved awarding Community Development Block Grant Disaster Recovery Initiative IFB's # 8-17 to the low bidders and autharized the Chair to sign all necessary documents. Bid # Low Bidder Bid Amount Scope 8- Gersony EO Koch Construction $ 8,208 Rehabilitation 9- Thomas Alton Silver III Homes $84,700 Demo/Replacement (Alt) 10-England Alton Silver III Homes $89,700 Demo Replacement 11-Griffin Alton Silver III Homes $84,700 Demo Replacement 12-Taylor Alton Silver III Homes $84,700 Demo Replacement 13- Stinson Alton Silver III Homes $84,700 Demo Replacement 14-Armstrong Alton Silver III Homes $84,700 Demo Replacement 15-Sims Alton Siiver III Homes $84,700 Demo Replacement 16-Carter Alton Silver III Homes $84,700 Demo Replacement 17-Tucker-Cox Alton Silver III Homes $89,700 Demo Replacement TOTAL AWARD AMOUNT $780,508 B. Authorization to explore developers interested in a public/private partnership to provide workforce housing and develop an application for an amount not to exceed $5,000,000 for the Community Workforce Housing Innovation Pilot Program loan/grant to the Florida Housing Finance Corporation- The Board authorized working with interested developers and if an eligible project is identified to prepaze the grant application for submittal to Florida Housing Finance Corporation in an amount not to exceed $5,000,000 to develop an affordable workforce housing development and authorized the Chairman to sign the necessary documents. The completed application and all necessary 4 documents for submittal will be brought to the Board on January 22, 2008 for approval. 11. INVESTMENT FOR THE FUTURE A. Engineering Division- Approve Amendment No. 1 Work Authorization No. 1 with Boyle Engineering Inc. (f/k/a) LBFH, Inc) for additional Construction Engineering and Inspection Services for the Prima Vista Blvd., Reconstruction-Rio Mar Drive to U.S. 1 project in the amount of $44,978.57 and transfer funds from reserves to project budget- The Board approved Amendment No. 1 and Work Authorization No. 1 for the project in the amount of $44,978.57 and transfer funds from reserves to praject budget. B. Engineering Division- Approve Amendment No.l to Work Authorization No. 2 with Dunkelberger Engineering & Testing for Construction Materials Testing for the Prima Vista Boulevazd Reconstruction- The Board approved Amendment No. 1 to VVork ~1.uthorization No. 2 in the project amount of $89,871 and transfer funds from reserves to project budget. 12. HUMAN RESOURCES Flexible Spending Account Additions/changes- The Boazd approved the Flexible Spending Account Group Health Plan change and authorized the Board to sign BOA Agreement. 13. MANAGMENT AND BUDGET Alcohol and Drug Abuse Mini Grant Awards- The Board approved the awarding of grant funds as stated on Exhibit A and authorized the County Attorney's office to draw up the appropriate contracts for the Chairman's signature. CONSENT AGENDA ADDITIONS CA.I COUNTY ATTORNEY Mobarak Aircraft, LLC- Environmental Access License Agreement- The Board approved the proposed environmental access license agreement with Mobarak Aircrafl, LLC and authorized the Chairman to sign the agreement. CA.2 COUNTY ATTORNEY Indian River Estates MSBU- Master Meter- Contract for Sale and Purchase- Oris Nelson- Tax I.D. No. 3402--604-0055-000-7- The Board approved the Contract for Sale and Purchase with Oris Nelsan for $55,000.00 authorized the Chairman to execute the Contract and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. REGULAR AGENDA PUBLIC HEARINGS SA. ENVIRONMENTAL RESOURCES (0:44:13) Slack Shoreline Variance- 5103 Palmetto Avenue- Draft Resolution No. 07-283- Consider staff recommendation to approve Draft Resolution No. 07-283 granting a variance to Christopher and Valerie slack to allow the placement of an erosion control barrier consisting of two layers of geotextile (soil cloth) held in place by stone rip rap containing native plantings along 310 feet of shoreline of the property line located at 5103 Palmetto Avenue. The Environmental Resources Director addressed the Boazd on this item. 5 Com. Cowazd stated for the record "this is not a precedents setting case where they would be doing this up and down the North Fork. The Environmental Resources Director stated Com. Coward's comments were correct. It was moved by Com. Grande, seconded by Com. Coward, to approve staff recommendation, and; upon roll call, motion carried unanimously. S.B PUBLIC WORKS Canoe Creek M.S.B.U. Initial Public Hearing- Potable Water Improvements PSLU- Consider staff recommendation to adopt Resolution No. 07-389 creating the Canoe Creek Municipal Services Benefit Unit; approve the preparation of an Interlocal Agreement with the City of Port St. Lucie; and authorize the Caunty Engineer to proceed with the engineering and design of the project. The Board discussed the cost of the project. Com. Grande addressed the high cost of the project. Com. Craft expressed his concerns with the increasing costs and felt they needed to find a way to get the increasing costs in check with the contractors. Com. Coward addressed the number of residents who responded to this project in the area. He felt this was a substantial cost for a project even if the lot sizes are larger. He would like for staff to make an additional attempt to get more input from the affected land owners and would prefer not voting on this item tvday. Mr. Gary Miggins, Canoe Creek resident, addressed the Board and stated he believed there would be more residents who were not in favor of the project due to the costs. He was looking for a proposal stating the cost. Ms. Joan L. Englishmen, Canoe Creek resident, addressed the Board and stated she was not able to attend the meeting held for the residents and thanked the Board for recognizing the cost was too high for the project. She is in favor of the project, however she felt the cost was too high. It was moved by Com. Grande, seconded by Com. Coward to continue this item for a date uncertain, and; upon roll call, motion carried unanimously. S.C GROWTH MANAGEMENT Petition of Indrio Groves Limited Partnership for a change in zoning from the RS-2 zoning district to the AG-1 zoning district- Consider staff recommendation to approve Resolution No. 07-318 granting a change in zoning of the subject parcel from RS-2 to AG-1. Mr. Daniel Rutherford, representing the applicant was available to answer any questions the Board may have. It was moved by Com. Lewis, seconded by Coxn. Craft, to approve Resolution No. 07- 318, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT Public Hearing regarding whether to adopt, adopt with changes or detertnine that the County will not adopt the proposed items included in St. Lucie County Amendment Cycle 2007-2 - Consider staff recommendation to open the public hearing for St. Lucie County Amendment Cycle 2007-2 hear the staff report on each item, hear the applicant's comments if the applicant is not in the county, take public comment on each item, then close public comment, not the hearing, on each item, Hold Boazd discussion each item. 6 Vote to adopt, adopt with changes, or not adopt the proposed amendment. Ordinance No, 07-018 No public comments made Staff advised the Board of DCA's request for a time change otherwise there were no noted objections. It was moved by Com. Coward, seconded by Com. Grande, to approve Ordinance No 07-018, and; upon roll call, motion carried unanimously. Ordinance No. 07-019 No public comments made. Staff advised the Board they did not receive any abjections from the DCA. The Environmental Resources Directnr addressed the Board on this issue. Com. Coward requested the Board consider the following, Exhibit A- the name of the table 9.6 "desired outdoor recreatian standards" he would like for it to read, " minimum standards for outdoor recreation for St Lucie County". Page 6 item 2B - conservation activities, he believes it should be " land conservation" Page 11, Chapter 8, he requested added language where it states "long term viability of" he believes "natural habitaY' should be added. It was moved by Com. Grande, seconded by Com. Coward to approve Ordinance No. 07- 019 as modified by Com. Coward, and; upon roll call, motion carried unanimously. Ordinance No. 07-044 Mr. Robert Tabor, 4201 N A-1-A addressed the Board and stated he concuned with Com. Coward and felt these items should be written so that they are understood. He addressed the transfer of density issue and consider changing the wording so that it would not come back to haunt the county. Com. Grande questioned the rationale for the change and stated he felt they needed to look at a comprehensive approach. The Planning Manager stated the intent in the reason and rationale to transfer development rights is that it presents the opportunity to preserve land. Com. Lewis stated she concurred with the comments made but she would like to see some flexibility. Com. Craft stated he did not have a problem with moving forward with this tonight since they do not have a TDR program presently and it can be further refined. He sees it as a start to where they want to go and there may be compromises to be made in the future. Com. Coward stated he too concurred with many of the comments made, however he is still not clear what it means. He believes they need to make it clear and take the extra step to do so. He believes they need to separate the two issues. The County Attorney stated his understanding was the parcel/s had to be adjacent in order to transfer. He recommended adding the language, " of the same or adjacent parcel of land" to the sentence. 7 Com. Grande stated this was a good suggestion. Com. Coward stated he would like to delete everything beyond this in sentence one. Com. Grande stated he believes they have a consensus on this issue. The Caunty Attorney recommended striking the word "another" on line 3 and adding the word, "adjacent" and read the correction in its entirety. Policy 1.1.4.5 In any instance where either this Comprehensive Plan or Land Development Code permits transfer of density from a portion of parcel of land to another portion of the same or adjacent parcel of land, the density transferred away shall not be replaced by transfer of density from the same or adjacent parcel of land". It was moved by Com. Grande, seconded by Com. Coward, to approve Ordinance No. 07-044 as amended by the County Attorney, and; upon roll call, motion carried unanimously. Ordinance No. 07-025 Mr. Steve Ball representing the applicant addressed the Board in favor of the projects and staff recommendation. Com. Coward alluded to the letter from DOT and their recommendation. He also questioned the fair share contribution needed to be made by the developer. Com. Coward stated he would like cleaz language where it stated the developer will provide their fair share contribution for the roadways and it is recognized that a development order will be created to determine the amount. He would like to see that commitment. Mr. Andrew Riddle, Planner for St. Lucie County advised the Board of the drafted language reinforcing this issue to be added. Com. Coward requested there not be a figure inserted as noted of a SOft. for the buffer because it may be required to be larger than the 50 ft. It was moved by Com. Grande, seconded by Com. Coward, to approve Ordinance No. 07-025 with the addition of # 7 under "findings" and the deletion of the description of the vegetative buffer, and; upon roll call, motion carried unanimously. The Public Hearings were closed by the Chairman RATIFICATION OF BOARD'S ACTION It was moved by Com. Lewis, seconded by Com. Coward to ratify the Board's action as identified in the previous votes and to transmit the adopted Ordinances as amended to the State Department of Community Affairs for further processing per Florida Statutes, and; upon roll call, motion carried unanimously. S.E COLJNTY ATTORNEY (1:25:30) Ordinance No. 07-056- Economic Development Impact Fee Mitigation program- No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, January 15, 2008 at 6:00 p.m. or as soon thereafter as it may be heard. The County Attorney addressed the Boazd on this item and stated Com. Grande had previously recommended emphasizing that this was not an entitlement program somewhere in the ordinance. 8 ~ i . ; GROWTH MANAGEMENT DEPARTMENT s PL4NNING o ~ MEMORANDUM TO: Board of County Commissioners FROM: Mark Satterlee, Director of Growth Managemen DATE: December 10, 2007 SUBJECT: Amendment Cycle 2007-2 Staff Report - Adoption Heari~g This memorandum provides staff review and recommendations regarding the proposed items included in St. Lucie County Comprehensive Plan Amendment Cycle 2007-2. The items reviewed have been placed in specific categories for ease of presentation and review. There will not be an individuai memorandum for each item. Cateqorv A. Amendments intended to implement or clarify stated policy of the Board of County Commissioners, or to change the Comprehensive Plan to comply with state law. Ordinance No. 07-018 - Update of the Five-Year Schedule of Capital lmprovements . and adding a definition of capital improvements to the Capita! Improvements Element of the adopted Comprehensive Plan. ~ Ordinance No. 07-018 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY ' COMPREHENSIVE PLAN ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENTS PLAN, AND CAPITAL IMPROVEMENTS ELEMENT, A LARGE SCALE TEXT AMENDMENT; AND ADOPTING A TEXT AMENDMENT TO THE COMPREHENSIVE PLAN DEFIN{NG A CAPITAL IMPROVEMENT; PROVIDING FOR C~NFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLtCABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION AND FOR CODIFICATION. Qecember 10, 2007 Subject: Amendment Cycle 20~7-2 Page 2 Adoption Hearing STAFF COMMENTS: Transmitted with this memo is Draft Ordinance No. 07-018 which wouid, if adopted, update the Five-Year Schedule of Capital Improvements and add a definition of "Capital Improvements" to the Capital Improvements Element of the adopted St. Lucie County Comprehensive P{an. On August 21, 2007, the Board of County Commissioners approved transmittal of Ordinance No. 07-018, Five-Year Schedule of Capital Improvements (2007/2012) and definition of "Capital Improvements" to the Florida Department of Communiry Affairs (Department). On November 11, 2007, the County received the Objections, Recommendations, and Comments (ORC) Report from the Department regarding the 07-2 Comprehensive Plan Amendment. The report found that the proposed Ordinance No. 07-018 referred to varying fiscal years, rather than from FY 2007/2008 to 2012/2013. Staff spoke with the Department regarding the correct fiscal years and it was determined that the Five-Year Schedule is from FY 2007/2008 to 2011/2012, rather than FY 2Q07/2008 to 2012/2013 as stated in Objection 1 of the ORC Report. Staff has reviewed Ordinance No. Q7- 01$ for consistency with fiscal years 2007/2008 to 2011/2012 and has made the required changes for consistency. A copy of the transmittal to the Department of Community Affairs and the Objections, Recommendations and Comments (ORC) Report are attached for your reference. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt Ordinance No. 07-018. 2. Ordinance No. 07-019 - Environmental, Open Space, and Recreational Level of Service Standards and Provision for Impact Fees Ocdtnance No. 07-019 AN ORDINANCE OF ST. LUCIE COUNTY, FL~RIDA, AMENDING THE ST. LUCIE COUNTY COMPREHENSIVE PLAN BY ADOPTING AMENDMENTS TO THE RECREATION AND OPEN SPACE ELEMENT OF THE COMPREHENSIVE PLAN RELATING TO DESIRED OUTDOOR RECREATION STANDARDS (TABLE 9-6) AND THE RECOMMENDED CL.ASSIFICATION SYSTEM, ATTACHED AS EXHIBIT "A" HERETO; PROVIDING FOR CONFLICTING PROV{SIONS; PROViDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR TRANSMITTAL TO THE FLORIDA ~ December 10, 2007 Subject: Amendment Cycle 2007-2 Page 3 Adoption Hearing ~ DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIYE DATE; AND PROVID{NG F~R ADOPTION. STAFF COMMENTS: Transmitted with this memo is Draft Ordinance No. 07-019 which would, if adopted, establish an adopted levef of service for passive recreation areas in the Caunty. Staff has been working with Dr. James Nicholas to establish the framework for an Environmental Lands Acquisition Impact Fee. As advised by Dr. Nicholas, the first step in the process is to amend the Comprehensive Plan to establish a level of service. On June 21, 2007, staff reguested that the Planning and Zoning Commission continue this item to the July 19, 2007 meeting so that the Commission could receive the data and analysis prepared by Dr. Nicholas relating to this item. The Commission voted unanimously to continue to July 19, 2007 at 6:00 PM or as soon the~eafter as possible. On July 19, 2007, the Planning and Zoning Commission recommended that Ordinance No. 07- 019 be forwarded to the Board of County Cammissioners wi#h a recommendation to transmit to the Department of Community Affairs in the next transmittal cycle with recommended changes that have been incorporated into the ordinance. All but one of the changes has been incorporated. The proposed change dealing with exempting the NC planning area was not included in this ordinance because it was suggested by Dr. Nicholas that this area be exempted by ordinance rather than in the Comprehensive Plan. Jonathon Ferguson, Esq., Ron Heiman, Dennis Murphy, and Tom Babcock all spoke in opposition during the public comment portion of the hearing for reasons such as: the ordinance needs additional work and research and should be brought back under the EAR-based amendments, and additional impact fee will make housing even mare unaffordable, and whether or not this is a requirement of the TVC.area. The Planning and Zoning Commission voted 3-3 (Mr. Culverhouse, Mr. Schrader, and Ms. Morgan dissenting) and the motion failed 3-3. On August 21, 2007 the Board of County Commissioners voted 4-1 (Commissioner Craft dissenting) to transmit Ordinance No. 07-019 to the Department of Community Affairs in the 07- 2 transmittal cycle. On November 11, 2007, the County received the Objections, Recomrnendations and Comments report from the Department of Community Affairs regarding the 07-2 Comprehensive Plan Amendment. The repart did not identify any objections, recommendations or comments regarding Ordinance No. 07-019. A copy of the transmittal to the Department of Community Affairs and the Objections, Recommendations and Comments (ORC) Report are attached for your reference. December 10, 2007 Subject: Amendment Cycle 2007-2 Page 4 Adoption Hearing STAFF RECOMMENDATION: Staff recammends that the Board of County Commissioners adopt Ordinance No. Q7-019. 3. Ordinance No. 07-0~4 - Transferring Density, New Policy 1.1.4.5. Ordinance No. 07-044 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE ADOPTED COMPREHENSIVE PLAN, FUTURE LAND USE ELEMENT BY ADDING A NEW POLICY 1.1.4.5 THAT PROHIBITS TRANSFERRING DENSITY TO A PARCEL OF LAND FROM WHICH DENSITY HAS BEEN PREVIOUSLY TRANSFERRED, AND PROVIDING AN EXCEPTION; PROVIDING FINDiNGS; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR TRANSMiTTAL TO THE DEPARTMENT OF COMMUNITY AFFA{RS; PROVIDING FOR CONFLI~TS; PROVtDING FOR SEYERABtLITY; AND PROVfDING AN EFFECTIVE DATE. STAFF COMMENTS: Transmitted with this memo is Draft Ordinance No. 07-044 which would, if adopted, update the Future Land Use Element by adding a new Poficy 1.1.4.5 regarding transfers of density. On August 21, 2007, the Board of County Commissioners voted 4 to 1(Commissioner Lewis dissenting) to transmit Draft Ordinance No. 07-044 as amended, removing the AG PUD portion and Rural Lands Stewardship exception, to the Department of Community Affairs. On November 11, 2007, the Caunty received the Objections, Recommendations, and Comments (ORC) Report from the Department of Community Affairs regarding the 07-2 Comprehensive Plan Amendment. The report did not identify any objections, recommendations or comments regarding Ordinance No. 07-044. A copy of the transmittal to the Department of Community Affairs and the Objections, Recommendation and Comments (ORC) Report are attached for your reference. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt Ordinance Na. 0~-044. becember 10, 2007 Subject: Amendment Cycle 2007-2 Page 5 Adoption Hearing Cateqorv B. Amendments Intended to Implement the Jenkins Road Special District Plan Amendment Requlrements Prior to Rezoning Property 4. Ordinance No. 07-OZ5 - Loop Road Ordinance No. 07-025 AN ORDINANCE OF THE BOARD O~ COUNTY C~MMISSfONERS OF ST. l.UC1E COUNTY, FLORIDA, AMENDING THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP AND FUTURE LAND USE ELEMENT TEXT FOR A 91 ACRE (M.O.L) PARCEL OF LAND FROM RESIDENTIAL URBAN (RU) 5 DWELLING UNITS PER ACRE, TO MIXED USE (MXD) LOW INTENSITY ON NORTH 34.25 ACRES AND MIXED USE (MXD) MEDIUM INTENSITY ON THE SOUTH 54.74 ACRES; AND AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT TO PROVIDE FOR SPECIAL DISTRICT POLICIES APPLICABLE TO THE NEW MXD, AND ADDING THE MAP OF THE NEW MXD TO THE MAPS iN FiGURE 1-7; PROVIDtNG FINDiNGS; PROV{D1NG ~OR CONFLICTING PROVISIONS; PROVIDfNG FOR SEVERABILITY; PROVID~NG FOR APPLICABILITY; PROVIDING FOR FILING WtTH THE FLQRIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE DEPARTMENT OF C4MMUNlTY AFFAIRS; AND PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTI~N. STAFF COMMENTS: Transmitted with this memo is Draft Ordinance No. 0~-025 which would, if adopted, amend the adopted Comprehensive Plan Future Land Use Map and Future Land Use Text for a 91 acre parcel of land from Residential Urban (RU) to Mixed Use (MXD}. On August 21, 2007, the Board of County Commissioners voted unanimously to transmit Draft Ordinance No. 07-025, Future Land Use Map Amendment and Future Land Use Text Amendment to the St. Lucie County Comprehensive Pian, to the Department of Community Affairs in the 07-2 transmittal cycle. On November 11, 2007, the County received the Objections, Recommendations, and Comments (ORC) Report from the Department regarding the 07-2 Comprehensive Plan Amendment. The report found that the proposed Ordinance No. 07-025 did not include data and analysis to explain how traffic impacts on Orange Avenue, Kings Highway, I-95 and Jenkins Road wi{I be mitigated in order to achieve and maintain the adopted level of service standard in the St, Lucie County Comprehensive Plan. Staff spoke with the Department regarding Objection 2 in the ORC Report and it was . December 10, 2007 Subject: Amendment Cycle 2007-2 Page 6 Adoptian Hearing determined that the proposed Land Use Amendment must demonstrate consistency and financial feasibility with County and State five-year work programs. Staff met with the applicant regarding Objection 2 and the applicant provided the attached Technical Memorandum prepared by Jason B. Matson, P.E., with Kimley-Horn & Associates, Inc. to address the DepartmenYs Objection. Staff has reviewed the Technical Memorandum and found that the planned improvements and potential mitigation options woufd achieve and maintain the adopted level of service standard in the St. Lucie County Comprehensive Plan. A copy of the transmittal to the Department of Community Affairs, the Objections, Recommendation and Comments (ORC) Report and Technical Memorandum prepared by Kimley-Horn & Associates, Inc. are attached for your reference. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt Ordinance No. 07-025. , Kimley-Norn and Associates, inc. Technica/ Memorandum To: Andrew Riddle, A1CP s St. Lucie County Growth Management ~osz~ swv~~9ecen~e~o~~~e Suke 103 pai SL Lucie, Fbrida From: Jason B. Matson, P.E. 3ase~ . Date: December 5, 2007 Re: Loop Road MXD Comprehensive Plan Amendment 07-2 Response to Department of Community Affairs ORC Report Kimley-Horn and Associates, Inc. has performed a review of the Objections, Recommendations, and Comments (ORC) Report prepared by the Department of Community Affairs regarding the Loop Road MXD Comprehensive Plan Amendment. This memorandum provides information related to the planned 'unprovements and/vr mitigation options for the transportation facilities identified by the Department of Community Affairs and the Florida Department of Transportation. It is understood that the purpose of the comprehensive plan traffic analysis is to demonstrate consistency and financial feasibility with County and Sta.te 5-year work programs; concutrency is not addressed at this stage but rather administered by St. Lucie County when the applicant for the property submits a site plan application. Furthermore, the proposed maximum land use intensity for the praperty exceeds 1.3 million square feet of potential development. The maximum land use intensity is theoretical in nature and will be adjusted at the site development stage to meet adopted level of service standards. Interstate 95 The segment of I-95 (5tate Road 70 to State Road 614) adjacent to the Loop Road property is currently programmed for constsuction in 2010 for an eight-lane facility. Tlris committed widening within FDOT's Adopted Work Program mitigates the property's potentia! impact to Ihis SlSfacility. OranPe Avenue (State Road 68) Orange Avenue from Kings Highway to I-95 is projected to exceed the generalized service volume in 2012 based on the maximum land use. The projected volume is only marginally over capacity (within 10%) and thus would be expected to meet the concurrency test based on the actual development plan and the use of detailed arterial level of service analysis. ¦ TEL 772 345 3800 FAX T72 286 0138 , i~ ~ Kimley-Hom and Assoeiates~ ~n~. Mdrew Riddle, December 5, 2007, page 2 I~nprovements to Orange Avenue and the interchange with I-95 are both planned and ideally would be funded and built concurrent with I-95 improvements identified above. If not, the following mitigation options are available to the applicant to address (~range Avenue from Kirigs Highway to 1-95 and ihe 1-95 interchange: 1) Funding is identified in either the State or County 5-Year Work Programs 2) The applicant enters into a Developer's A~reement to construct necessary improvements 3) The applicant enters into a PropoRionate Share Agreement for necessary improvements 4) The applicant prepares a more detailed analysis at the concurrency stage to demonstrate these facilities meet acceptable level of service Jenkins RoRd Jenkins Road south of Orange Avcnuc is cxpccted to mect acceptable level of service through 2012. Jenkins Road north of Orange Avenue to Angle Road does not currently exist; but is considered a significant north/south arterial. Jenkins Road was previously identified in the County's adopted 2007 Capital Improvements Program; conscruction of the roadway continues to be planned to be constructed by development projects in the area. The applicant agrees to provide right-of-way for any portion of the Jenkins Road extension that bisecis the Loop Road 1l~iD property. ICinQS HiFhwav (State Road 7131 Due to the planned Jenkins Road extension and other internal roadways in the Jenkins Road Planning Axea, the project is not expected to significantly impact Kings Highway from Orange Avenue to Angle Road. The tra~c analysis indicated that Kings Highway south of Orange Avenue remains wittun the adopted service volume. Furthermore, St. Lucie Caunty has ide~tified improvements to the intersection of Orange Avenue and Kings Hrghway in their S year Capitallmprovements Program. These intersection improvements are significant as the proposed design and construction accommodates the future six-lane cross-section ofKings Highway. Interna! Roadwavs There are at least two internal roadways that bisect the property that provide interconnectivity. As pazt of the property's potential site development application, the applicant wil! enter irtto an agreement widh St. Lucie County to construct these internal roadway connections in lieu of these on-site roadways being added to the Capi[al Improvement Program. As an alternative, these roads may also be constructed by other developers in the areas mitigation for their projects. Based an the aforemeationed planned improvements and potential mitigation options, the applicant requests adoption of its Comprehensive Plan Amendment by the St. Lucie County Commission. If you have any questions regarding this memorandum or require further information, please do not hesitate to call. ~ The County Attorney recommended adding the language "because this program is not an entitlement program, the Board may reject the request for mitigation for any reason". Com. Coward stated he also felt there needed to be additional language requiring a certain length of time for the company and jobs to remain in the area. The County Attorney stated staff would work on language and suggestions for the second hearing. The Chairman also requested the language regarding the monetary difference of the funds paid for the pertnit and the impact fee credit and how it would be refunded be made clear. No action'required. There being no further business to be brought before the Board, the meeting was adj ourned. Chairman Clerk of the Circuit Court 9