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HomeMy WebLinkAboutMinutes 01.09.2024 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting January 9, 2024 Convened: 6:07 PM Adjourned: 12:24 PM 1. CALL TO ORDER The meeting was called to order at 6:07 PM by Chair Cathy Townsend, District No. 5. Present Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4 Also Present Dan McIntyre, County Attorney George Landry, County Administrator Mayte Santamaria, Deputy County Administrator Jason Davis, Deputy County Administrator Katherine Barbieri, Assistant County Attorney Benjamin Balcer, Planning & Development Services Director Kori Benton, Planning & Development Services Planning Manager Thad Crowe, Planning & Development Services Senior Planner Tahir Curry, Planning & Development Services Associate Planner Wesley Curry, St. Lucie County Economic Development Council Senior Vice President Matt Baum, Parks & Recreation Director Rebecca Olson, Solid Waste & Public Utilities Director Rangel Guerrero, Public Safety Director Amy Griffin, Environmental Resources Director Irene Szedlmayer, Planning & Development Services Senior Planner Katrina Slay, Agenda Coordinator Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF AGENDA - ADDITIONS, DELETIONS, REVISIONS A motion was made to approve all additions, deletions, and revisions to the agenda, and it passed BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM unanimously. RESULT: APPROVE MOVER:Commissioner District 3 Linda Bartz SECONDER:Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED:None 5. PRESENTATIONS There were no items scheduled. 6. PUBLIC COMMENT (excluding Public Hearing Items) ChairTownsend opened the meeting for public comment at this time. The following people addressed the Board: Mark Bryant addressed the Board regarding the development of the airport. With no one else wishing to address the Board, Chair Townsend closed public comment. 7. PROCLAMATIONS APPROVAL A.Resolution No. 24-007 - Proclaiming January 2024 as "Human Trafficking Awareness Month" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and it passed unanimously. Chair Townsend presented the proclamation to Florida Faith Alliance members Tony Barletta, and Jill Shaffer and Founder & CEO, Lynne Barletta, Truth Church Pastor JT Baumgardner, Sheriff Keith Pearson, and Chaplain Dave Thompson, who thanked the Board and accepted the proclamation. RESULT:APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 8. APPROVAL OF MINUTES A motion was made to approve all minute sets, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Jamie Fowler SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None 2 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM EXCUSED: None A. Board of County Commissioners minutes for the BOCC Regular Meeting of November 7, 2023. B. Board of County Commissioners minutes for the BOCC Regular Meeting of November 14, 2023. C. Board of County Commissioners minutes for the BOCC Regular Meeting of December 5, 2023. D.Board of County Commissioners minutes for the BOCC Special 4H Meeting of December 6, 2023. E. Board of County Commissioners minutes for the BOCC Informal Meeting of December 12, 2023. F. Board of County Commissioners minutes for the BOCC Regular Meeting of December 12, 2023. 9. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None A.WARRANTS 1. Warrant Lists 10 - 13 Adopted by Consent Vote B.ADMINISTRATION 1. Permission to Advertise a Working Waterfront Tax Deferral Ordinance amending Chapter 42 of the St. Lucie County Code of Ordinances Staff recommended the Board grantstaff permission to advertise a public hearing. Adopted by Consent Vote C. AIRPORT 1. Florida Department of Transportation (FDOT) Public Transportation Grant Agreement (PTGA) FM 448115-1-94-01 Aerowest Taxiway Construction $1,500,000.00 Staff recommended acceptance of FDOT's Public Transportation Grant Agreement (PTGA) FM 3 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM 448115-1-94-01 Aerowest Taxiway Construction and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Florida Department ofTransportation (FDOT) Public Transportation Grant Agreement (PTGA) FM 449617-1-94-01 Taxiway Bravo Demo Construction $1,500,000.00 Staff recommended acceptance of FDOT's Public Transportation Grant Agreement (PTGA) FM 449617-1-94-01 Taxiway Bravo Demo Construction and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote D. COUNTY ATTORNEY 1. Revocable License Agreement - 799 Sandburg Lane -Oleander Pines - Anthony and Lou Ann Pizzo - Parcel ID 3415-705-0105-000-3 Mr. and Mrs. Pizzo are requesting a Revocable License Agreement to install a 6’ vinyl fence that will transition into a 4’ picket fence with gates along the east side of their property, within the County’s 7.5’ Drainage Easement per the Plat recorded in Plat Book 28, Page 14. The fence must be placed a minimum of 2’ off the centerline of the existing concrete drainage structure. They understand if the County Engineer determines the fence is causing flooding, drainage problems, or for other needs in the area, the fence will need to be removed or relocated at their expense. Engineering, Road & Bridge, and Water Quality have reviewed the revocable license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. and Mrs. Pizzo pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 2. Road Impact Fee Credit Agreement -Peters Road Improvements -LDL of Fort Pierce, LLC - Parcel ID 2324-123-0000-000-9 Staff recommended the Board approve the Road Impact Fee Credit Agreement with LDL of Fort Pierce, LLC, authorize the Chair to sign the agreement,and record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 3. Road Impact Fee Credit Agreement -LDL of Fort Pierce, LLC -Parcel ID 2324-123-0000-000-9 Staff recommended the Board approve the Road Impact Fee Credit Agreement with LDL of Fort 4| Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM Pierce, LLC., authorize the Chair to sign the agreement,and record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 4. "After the Fact" Revocable License Agreement - 124 SE Serenata Court - River Park -Unit 5 -Guy Edwards and Andrea Edwards - Parcel ID 3419-540-0150-000-0 Mr. and Mrs. Edwards are requesting an “After the Fact” Revocable License Agreement to keep their 6’ vinyl fence and two walk gates along the sides of the property, within the County’s 6’ Drainage/Utility Easement and keep their 6’ vinyl fence along the rear of the property, within the County’s 10’ Drainage/Utility Easement per the Restrictive Covenants recorded in Deed Book 247, Page 37. On the east side of the property, the fence connection to the house is being shifted toward the front boundary line by approximately 20’. They understand if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at their expense. Engineering, Road & Bridge, Water Quality, and the City of Port Saint Lucie Utilities Department have reviewed the revocable license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. and Mrs. Edwards pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5. Award of Bid No. 23-0077 - Drug Testing Analyzer and Purchase of Supplies Staff recommended Board award Bid No. 23-077 to Microgenics Corporation, A Thermo Fisher Scientific Company, and authorization for the Chair to sign the agreement, subject to review and approval as to legal and correctness of the final agreement by the County Attorney. Adopted by Consent Vote 6. Permission to Advertise - Ordinance - Assessment of Additional Court Costs Staff recommended that the Board grant permission to advertise a public hearing to consider the adoption of an ordinance proposing changes to the assessment of additional court costs. Adopted by Consent Vote 7. Revocable License Agreement - 306 Olive Avenue -River Park - Unit 2 - William and Maretha Lindsey - Parcel ID 3419-510-0286-000-9 Mr. and Mrs. Lindsey are requesting a Revocable License Agreement to install a 6’ PVC fence with gates along the north, south, and west sides of the property, within the County’s 6’ Drainage/Utility Easement per the Restrictive Covenants recorded in Deed Book 224, Page 453. They understand if the 5| Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM County Engineer determines the fence and gates are causing flooding, drainage problems,or for other needs in the area, the fence and gates will need to be removed or relocated at their expense. Engineering, Road & Bridge, Water Quality,and theCity of Port Saint Lucie have reviewed the revocable license agreement and have no objections. Staff recommendedthe Board approve the revocable license agreement, authorize the Chair to sign the agreement,and direct Mr. and Mrs. Lindsey to pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 8. "After the Fact" Revocable License Agreement - 6804 Pensacola Road - Lakewood Park - Unit 10 - Colleen Henry -Parcel ID 1301-612-0028-000-8 Ms. Henry has requested an “After the Fact” Revocable License Agreement to keep her 6’ wood fence along the north side of the property, within the County’s 10’ Drainage/Utility Easement and a 6’ wood fence along the east and west sides of the property that encroach within the County’s 10’ Drainage/Utility Easement, per the Plat recorded in Plat Book 11, Page 29A. She understands if the County Engineer determines the fence is causing flooding, drainage problems,or for other needs in thearea, the fence will need to be removed or relocated at her expense. Engineering, Road & Bridge, and Water Quality have reviewed the revocable license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Ms. Henry pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 9. License Agreement - 5007 La Salle Street -Lakewood Park - Unit 12-A - Rush Z 1 LLC -Parcel ID 1301- 615-0166-000-6 Rush Z 1 LLC has requested a Revocable License Agreement to install a 4’ chain-link fence along the north, south, and west sides of the property, within the County’s 10’ Drainage/Utility Easement per the Plat recorded in Plat Book 11, Page 35. They understand if the County Engineer determines the fence is causing flooding, drainage problems,or for other needs in the area, the fence will need to be removed or relocated at their expense. Engineering, Road & Bridge, and Water Quality have reviewed the revocable license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement, and direct Rush Z 1 LLC pay to record the agreement in the public records of St. Lucie County, Florida. 6| Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM Adopted by Consent Vote 10. Road Impact Fee Credit Agreement - Orange 95CC PH1 LLC -Parcel ID 2312-112-0000-000-8 Staff recommended the Board approve the Road Impact Fee Credit Agreement with Orange 95CC PH1 LLC, authorize the Chair to sign the agreement, and record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 11. Road Impact Fee Credit Agreement - TRS Oleander Properties, LLC - Parcel ID 2434-601-0013-010-1 Staff recommended the Board approve the Road Impact Fee Credit Agreement with TRS Oleander Properties, LLC, authorize the Chair to sign the agreement, and record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 12. Resolution No. 2024-17 - Accepting a Conservation Easement and Preserve Area Management and Monitoring Plan from Treasure Cove (aka collectively as FR & PG, LLC, Shell Cove Holdings, LLC, Shell Cove Hideaway, LLC, RG II, LLC, Frank M. Russo Trust, and Frank Russo) - Parcel ID 2532-801-0001- 000-6, 2532-801-0002-000-3, 2532-801-0003-000-0, 2532-802-0001-000-9, 2532-802-0002-000-6, 2532-802-0003-000-3 and 2532-341-0001-010-8. Staff recommended the Board accept the Conservation Easement and Preserve Area Management and Monitoring Plan from Treasure Cove (aka collectively as FR & PG, LLC, Shell Cove Holdings, LLC, Shell Cove Hideaway, LLC, RG II, LLC, Frank M. Russo Trust, and Frank Russo), authorize the Chair to St. Lucie County, sign the resolution and direct staff to record the documents in the public records of Florida. Adopted by Consent Vote 13. Resolution No. 2024-004 - Accepting a Conservation Easement and Preserve Area Monitoring and Management Plan from Skladik LLC - Parcel ID 2408-221-0003-000-8 On October 23, 2023, the Planning and Development Services Director approved PDS Order 2023- 068 granting approval of a Minor Site Plan for a project known as Mulberry Self Storage. A condition of approval required Skladik LLC to dedicate a Conservation Easement over all the onsite wetlands, along with an approved Preserve Area Monitoring and Management Plan (PAMMP) to St. Lucie County. Attached for review and acceptance is the Conservation Easement, sketch and legal description, and the Preserve Area Monitoring and Management Plan which has been reviewed and approved by the Environmental Resources Department and the County Surveyor. Staff recommended the Board accept the Conservation Easement and Preserve Area Monitoring and 7| Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM Management Plan from Skladik LLC, authorize the Chair to sign the resolution,and direct staff to record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote E. COMMUNITY SERVICES 1. 2023 Affordable Housing Advisory Committee (AHAC) Recommendation Report Staff recommended Board approval of the Resolution accepting the St. Lucie County AHAC 2023 Recommendation Report, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. A Funding Agreement Between the Treasure Coast Homeless Services Council and St. Lucie County for the Men's and Women's Homeless Resource Centers, AKA the "Housing Hub" Staff recommended Board approval of the agreement between St. Lucie County and the Treasure Coast Homeless Services Council, Inc. in the amount of $600,000.00 for both the men’s and women’s hub, and authorization for the Chair to sign documents as approved to legal form and correctness by the County Attorney. Adopted by Consent Vote F.LIBRARY SERVICES 1. Memorandum of Understanding from the Friends of St. Lucie County Library Staff recommended Board approval of the Memorandum of Understanding from the Friends of St. Lucie County Library. Adopted by Consent Vote G. OFFICE OF MANAGEMENT & BUDGET 1. Request for Qualification (RFQ) No. 23-076 - Supplemental Construction Contractor Pre-Qualification for Community Services/Housing Division Staff recommended Board approval to award RFQ No. 23-076 to Patriot Response Group, LLC, and Gentile Corporation, add both shortlisted contractors to the established list of pre-qualified construction contractors, and authorize the Chair to sign documents as prepared by the County Attorney. Adopted by Consent Vote H. PARKS, RECREATION & FACILITIES 1. 7th Annual Treasure Coast History Festival - History Center/Museum Pointe Park Fee Waiver $379.50 8| Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM Staff recommendedBoard approval to waive the $379.50 in open space and pavilion rental fees for the St Lucie Historical Society's 7th Annual Treasure Coast History Festival that will be held on January 13, 2024. Adopted by Consent Vote 2. JROTC Congressional Competition -Pepper Park Fee Waiver $605.00 Staff recommended Board authorization to waive the $605.00 rental fees for Pepper Park Beach Northside parking lot open space for U.S. Congressman Brian Mast's JROTC competition to be held on February 24th, 2024, as outlined in this agenda memorandum and authorization for the Chair to sign the documents as approved by the County Attorney. Adopted by Consent Vote 3. 9th Annual Night to Shine Prom -Havert L. Fenn Center Fee Waiver $7,575.00 Staff recommended approval to waive the facility fee of $7,575.00 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 4. 9th Annual Fort Pierce Job Fair - Havert L. Fenn Center Fee Waiver $2,587.50 Staff recommended Board approval to waive the facility use fee of $2,587.50 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 5. Award of Bid No. 23-078 Hurricane Shutter Maintenance and Repair or Replacement for County- owned Facilities Staff recommended Board approval to award Bid No. 23-078 to A Thomas Construction, Inc. and authorize the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote 6. Award of Bid No. 23-079 - St Lucie County Courthouse "B" ADA Access -$160,242.50 Staff recommended Board approval to award Bid No. 23-079 to A Thomas Construction, Inc. for the amount of $160,242.50 and authorize the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote 7. Florida Faith Alliance Child Trafficking Awareness Event -Havert L. Fenn Center Fee Waiver $281.25 9| Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM Staff recommended Board approval to waive the facility use fee of $281.25 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 8. Siemens Computer Control System Maintenance Contract - $57,474.00 Staff recommended Board approval of the maintenance contract for Siemens Computer Control System for two years in the amount of $57,474.00 and authorize the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote 9. Purchase of One (1) Air Cooled Chiller for the Department of Health at 1701 S. 23rd St. only - $102,319.00 Staff recommended Board approval of the purchase of one Air Cooled Chiller at the Department of Health1701 S. 23rd St. in the amount of $102,319.00 and authorize the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote 10. Purchase Ten (10) Rooftop Air Conditioning Units, Equipment Only, No Installation for the Major League Baseball Minor League Complex - $155,980.00 Staff recommended Board approval of the purchase of 10 RTUs (Roof Top Units) for the Major League Baseball Stadium Minor League Complex in the amount of $155,980.00 and authorize the Chair to sign the contract as approved bythe County Attorney. Adopted by Consent Vote 11. Replace Air Conditioning Package Unit at Milner Health Department - $117,407.00 - ADD ON Staff recommended Board approval of the replacement of the OutsideAir Unit at the Milner Health Department in the amount of $117,407.00 and authorize the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote I. PORT, INLET & BEACHES 1. Work Authorization No. 01 (Tetra Tech) - T-Dock/L-Dock Feasibility Study - ATTACHMENT ADDED Staff recommended Board approval of Work Authorization No. 01 with Tetra Tech for $117,629.00 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 10 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM J.PUBLIC SAFETY 1. Resolution No. 2024-1 - Extending Certificates of Public Convenience and Necessity (COPCN) for Certain Certificate Holders Staff recommended Board approval of the resolution, subject to proof of compliance with insurance requirements set forth in Section 18-57, St, Lucie County Code of Ordinance. Adopted by Consent Vote K. PUBLIC UTILITIES 1. Award of Bid No. SW24-001 Phase II Reopening Staff recommended Board Approval to award BID No. SW24-001 to Southeast Environmental Contracting, Inc. in the not to exceed the amount of $466,476.80 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Capital Lease - New 2023 Caterpillar 962-14 Wheel Loader, Tax Lease Contract Number 001-70120972 with an Option to Buy at the End of the Lease Staff recommended the Board authorize staff to enter into a long-term capital lease with Caterpillar Financial Services, with the option to buy, for a New 2023 Caterpillar 962-14 Wheel Loader, obtained from Florida Sheriff’s Association Contract # FSA18-VEH16.0, Specification #64, at a cost of $10,343.66 per month ($124,123.90 annually and $620,619.50 over five years), based on a 60-month lease. The lease includes an end-of-lease purchase option for $94,395.00. Permission to execute documents as approved by the County Attorney. Adopted by Consent Vote L.PUBLIC WORKS 1.Bell Avenue Sidewalk Project (South 25th Street to Sunrise Boulevard) Construction Project Completion and Board Acceptance Request -THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended Board acceptance of the Bell Avenue Sidewalk Project from S. 25th Street to Sunrise Boulevard and to direct the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Request to Amend the Design Contract with Inwood Consulting Engineers for the Total Amount of $277,648.30 for Stormwater and Drainage Improvements Related to the Indian River Estates Phase 3 Project -THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended Board approval of Amendment 4 and Amendment 5 to Inwood Consulting Engineers in the amounts of $248,135.28 and $29,513.02respectively and authorize the Chair to sign 11 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM documents as approved by the County Attorney. Adopted by Consent Vote 3. Prima Vista Boulevard Traffic Communications Conduit & Fiber Construction Completion and Final Acceptance Request - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended Board acceptance of the Prima Vista Boulevard Traffic Communications Conduit & Fiber project. Adopted by Consent Vote 4. Amendment 2 to theWork Authorization with Kisinger Campo & Associates in the amount of $9,039.60 for supplemental design services on the McCarty Road Bridge (South) over Ten-Mile Creek (940030) Bridge Repair Project -THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended Board approval of Amendment 2 to Kisinger Campo & Associates in the amount of $9,039.60 and authorize the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 5. St. Lucie International Airport Business Park - Payment In-Lieu-Of Sidewalk Construction Staff recommended Board approval of the fee-in-lieu of construction funds in the amount of $7,097.92 and authorization for the Chair to sign the agreement. Adopted by Consent Vote 6. Bid Award No. 24-007 -Purchase of Shell Rock Material FDOT Coquina Rock and General Fill Material in varying amounts to all three responsive and responsible bidders, Stewart Materials, LLC, Austin TuplerTrucking, Inc., and MJS Materials, Inc. in order to ensure rock and fill material is available when necessary for repairs. Staff recommended Board approval for the award of Bid No. 24-007, Purchase of Shell Rock Material, FDOT Coquina Rock, and General Fill Material, to all three bidders, Stewart Materials, LLC, Austin Tupler Trucking, Inc., and MJS Materials, Inc, and authorization for the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote 7. 2nd Amendment to the Design Contract for Bridge Repairs over South Florida Water Management District (SFWMD) C-25 Canal at N. 53rd Street with Inwood Consulting, Inc. in the amount of $19,644.11 for Additional Unanticipated Permitting Effort - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff has reviewed the attached Scope and Fee Proposal. Staff recommended the Board award 12 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM Amendment 2 to Inwood in the amount of $19,644.11 and authorize the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote 10. PUBLIC HEARINGS ADD ON -Update on Lakewood Park Water Rebecca Olson, Solid Waste & Public Utilities Director, and Matt Baum, Parks & Recreation Director provided the Board with an update to the water system in Lakewood Park. Staff advised Lakewood Park Regional Park is not online with St. Lucie County utility/potable water. Measures have been taken to ensure that the public can consume and use the water within the park. There will be quarterly water testing done by the South Florida Water Management District and the St. Lucie County Health Department to make sure the levels remain safe with the amenities within the park (concession, pool, etc.). The staff advised on the successful installation of the Seminole Road water main extension from Eden Road up to Hibiscus Road and Lakewood Regional Park. The Lakewood Park Water Treatment Plant owned by the Utilities Department is located at the intersection of Deland Avenue and Fort Pierce Boulevard and is currently serving 94 households. There have been complaints regarding the color of the water from the plant, but it does not affect safety or health. The Utilities Department has decided to extend the water main that currently runs from Hibiscus Road on North Seminole Road up to Deland Road. This extension will continue over to the Lakewood Park Water Treatment Plant, which will enable them to take the water treatment plant offline. Currently, the construction of the water main extension is only 75% complete, and hydrants will be installed within the next month or so. The 94 households will then be serviced via the new lines. Letters have been drafted to approximately 16 homes along Hibiscus Road and 25 homes on Seminole Road south of Hibiscus Road to advise the homeowners of water availability in the area. The staff had already sent letters to 15 homes on Deland Avenue and just under 10 homes on Seminole Road north of Hibiscus Road. The staff has collaborated with GIS to create a comprehensive map identifying new homes eligible to connect to the County’s water system and will update the Board once completed. The Board discussed the installation of fire hydrants and lifeguards for the pool at the park. A.COUNTY ATTORNEY 1. Public Hearing -Ordinance No. 2024-002 - Relating to Enforcement of School Zone Speed Limits; Creating Section 30-5.1 of the Code of St. Lucie County, Florida; Authorizing the Placement and Installation of Speed Detection Systems on Roadways Maintained as School Zones Katherine Barbieri, Assistant County Attorney, presented tothe Board a proposed ordinance relating to the enforcement of applicable speed limits on a roadway properly maintained as a school zone through a speed detection system. During the 2023 state legislative session, the Florida Legislature passed House Bill (HB 657), which provides that a County may enforce it. On May 31, 2023, the governor signed HB 657 into law, codified as chapter 20223-174, Laws of Florida. The portable or fixed automated system will detect a motor vehicle's speed by radar or LiDAR and capture a photograph or video of the rear of a motor vehicle that exceeds the speed limit in force at the time of the violation. County staff have reviewed traffic data and other evidence supporting the installation and operation of each proposed school's Speed Zone 13 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM System. It has been recommended that each school zone in subsection three of the ordinance constitutes heightened safety risks that warrant additional enforcement. Staff included school areas and accident report maps, a list of the events from Communications 91, and a supporting letter from the Superintendent, the St. Lucie County Sheriff's Office for consideration. To implement the school detection systems outlined in Chapter 20223–174 Laws of Florida, the violations will have to be more than 10 mph over the applicable speed limit, and signage will need to be posted advising of the school speed detection system and a public awareness campaign. The penalty will be $100 for each violation. The County staff is recommending the Board find a heightened safety risk warranting the additional enforcement measures and approve the proposed ordinance. Staff recommended the Board adopt the proposed ordinance. Commissioner Dzadovsky asked if the $100 provision excels after more than one violation or if it would be something the Board can implement. Staff advised the provision does not excel after more than one violation, and it would need to be authorized by the Florida legislature. Chair Townsend opened the hearing for public comment at this time. With noone wishing to address the Board, Chair Townsend closed the public hearing. Commissioner Fowler commented and stated more than 100 children are killed annually while walking to and from school each year over 25,000 are injured annually since 2013 and pedestrian deaths among 12 to 19-year-olds have gone up 13%. She thanked the Board and staff for the additional safety methods to keep the community safe. The Board did not have any further questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT:APPROVE MOVER: Commissioner District 4 Jamie Fowler SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 2. Ordinance No. 24-004 - Establishing the Eagle Bend Community Development District Dan McIntyre, County Attorney, presented to the Board a petition to establish Eagle Bend Community DevelopmentDistrict. If adopted, it would establish the Eagle Bend Community Development District, a residential development located in unincorporated St. Lucie County. Notice of the public hearing was thth advertised in the local newspaper as required by state law on December 12, 19, and 26th, 2023, and January 2, 2024. On November 14, 2023, the Board granted permission to advertise the ordinance. The ordinance has standard protections that the Board requests in all community developments with disclosures it provides that this particular special government can't condemn property outside the district, 14 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM and it is not authorized to provide solid waste within or without the District or Mosquito Control Services, Fire, Water and Wastewater Services. The purpose of these Community Development Districts is to provide funding for mechanismsfor infrastructure, typically roads, drainage, water, and sewer, which is used to assess or tax the properties within the district. Staff recommended that the Board adopt Ordinance No. 24- 004 and authorize the Chair to sign the ordinance. Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed the public hearing. Commissioner Dzadovsky commented on theCommunity Development District(CDD) and the cost associated with it for buyers. The Board did not have any further questions or comments on this item. A motion was made to approve staff recommendations, and upon roll call, it passed (4-1). RESULT:APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Jamie Fowler NAYS: Larry Leet EXCUSED: None B.PLANNING & DEVELOPMENT SERVICES 1. Hutchinson Island - Building Height Zone -Ordinance No. 2024-1A and 2024-1B -ADOPTION HEARING Benjamin Balcer, Director, and Kori Benton, Planning Manager of Planning & Development Services present to the Board the proposed adoption of the county-initiated Land Development Code Text Amendments related to the Hutchinson Island height overlay zone. The overlay zone consists of 3-parcels immediately north of the Regency Condominiums. Public notices for the proposed ordinance were advertised in the St. Lucie News Tribune on December 22, 2023. In 1995, the Board adopted Ordinance No. 95-001 establishing the Hutchinson Island building overlay zone with two height limits Zone A 125 ft., and Zone B 35 ft. maximum building height. The 1995 ordinance which was incorporated into the County Land Development Code includes a series of maps, metes, boundaries, and legal descriptions to delineate the lines between Zones A and B. The proposed ordinance to be adopted is to process a text amendment to correct a discrepancy in the Land Development Code, which has existed since the establishment of the Hutchinson Island overlay zone in 1995. The discrepancy in question is where Zone A ends and Zone B begins between the legal description and the code and the map of Figure 4.5E., identifying the southernmost portion of South Hutchinson Island. The staff advised the discrepancy includes three oceanfront parcels including the County’s Normandy Beach Access Park. The effect of the discrepancy is significant because the allowable building height in Zone A is 125 ft. and Zone B is 35 ft. This item is not typical of what the Board hears, and the question is what were in intentions of the previous Board when three parcels in the Hutchinson Island overlay were adopted in 1995? This item does not amend the underlying HIRD zoning designation for the parcels that are not associated with the proposed development application or land swap. Staff provided a map to the 15 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM Board map 4.5E with the three parcels in question in Zone A/125 ft. and Zone B/35 ft. The legal description excerpt from the LDC identifies the same three parcels withinboth zones with the maximum height cap. The map aerial further identifies the difference between the map and the legal description found within the code specifying where the dividing line is between both Zones A/B within the area of South Hutchinson Island. The legal description identifies the north line of Section 34, Township 36 South, Range 41 East, and on the south by the Martin County Line. The County's Normandy Beach Access Park is just northern of the three parcels. The staff drafted two ordinances for the Board's consideration: Ordinance A Map (Height Limit of 35 ft.): There was no mention of the metes and bounds description in the staff report or the public hearing meeting minutes. The three (3) lots that are affected by the discrepancy are narrow and long. The two (2) southernmost lots were vacant in 1995 and have remained vacant. The northernmost lot is the Normandy Beach Access, which existed in 1995. LDC language states: “Such zones are shown on the Hutchinson Island Building Height Overlay Plan as depicted in Figures 4.5a through 4.5e” Ordinance B Map (Height Limit of 125ft.): Land Development Code Section 1.06.01 “Rules of Interpretation – Generally” provides “… the rules of this section shall be observed except when the context requires otherwise: o G. In the event of a conflict between the text of the Code and any caption, illustration, table, or map, the text shall control” Land Development Code language states, “The various zones regulating the maximum building height on Hutchinson Island are hereby established and specifically defined as follows: A. Hutchinson Island – Zone A. North Hutchinson Island: … Those lands lying east of the east right-of- way line for SR A-1-A and west of the Atlantic Ocean, bounded on the north by the north line of Section 34, Township 36 South, Range 41 East and on the south by the MartinCounty Line” On October 19, 2023, the Planning & Zoning Commission heard this item and voted 6-2, in favor of recommending the Board approve Draft Ordinance 2024-1B, indicating the Metes & Bounds Legal Description shall control, resulting in the three (3) parcels having a maximum height of 125 ft. Staff recommended the Board review the input provided by the Planning and Zoning Commission, as well as staff's presentation and public comments provided at the hearing, and vote to adopt either Draft Ordinance 2024-1A or 2024-1B. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board regarding the height limitation, map, 1995 ordinance, power plant, safety, future developments, traffic, and the intentions of past commissioners regarding the height limitations, etc. Gary Hribar Mary Eck Carlos Cueto Janette Wimmer 16 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM Johnette Beaver Robert Klitzman Lee Baggott Lisa Messineo Charles Girande Surendia Dass Jeff Robbins Dennis Murphy Gary Oldehoff, Esq. Carol Herzog Wendy Robbins With no one else wishing to address the Board, Chair Townsend closed the public hearing. Chair Townsend commented on the record and advised she has not been in contact with any of the previous commissioners to discuss the item or the intention of the height limitations. Commissioner Dzadovsky commented on the item and addressed the public's concerns regarding the decision of the Board and the height limitation process for a decision. Upon discussion, he referenced the two heights Map Zone 1 35ft., Map Zone B 125 ft. and setbacks he provided a summary of the Planning and Zoning Commission's drafted Ordinance 94-026 - land Development Code Amendments to the Hutchinson Island Building Height Overlay Zone. As stated in the draft when the ordinance was adopted by the BOCC, it included specific amendments that required that all structures on Hutchinson Island more than 35 ft. receive a conditional use review. The Board then directed the staff to draft a building height overlay zone for the island as there was anerror in the legal description and changes needed to be made. There were questions as to where the 35 ft. came from, and it was advised the direction that came from the County Commission at that time to be consistent with a single-family or low-rise development or development. In drafted Ordinance 94-026, it was stated that both legal descriptions and maps be amended on South Beach to a line approximately 2,000 ft. north of the FP&L power line, converting that property with the A Zone, east of A1A. The drafted ordinance had no mentions of the area north of Regency Condominiums but there were discussions regarding North Beach.In the drafted ordinanceit was stated staff made two text exemptions that were not reflected on the map, the existing Sand Dollar Condominiums project and the reactor area, or the main activity area of the power plant. Commissioner Dzadovsky advised the statements made within the drafted Ordinance 94-026 were a clear understanding of what the BOCC intended for Hutchinson Island. He advised in his opinion based on the recognized mistakes in the legal description identified by the Planning and Zoning Commission, that it was clear that the intentions of the BOCC in the creation of the Hutchinson Island Overlay Zone was 35 ft. in this specific case. The map is correct, and the identified mistake was not corrected. Commissioner Dzadovsky moved to accept the map in this specific case for a 35ft. Height Limitation. Upon roll call, Commissioner Dzadovsky clarified that in the reading of the Board, there was no mention of the metes, bounds, or description in the staff report or the public hearing meeting minutes. The three (3) lots affected by the discrepancy are narrow and long and the two most southern vacant lots that were vacant in 1995 and remain vacant. The Board did not have any further questions or comments on this item. 17 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM A motion was made to approve staff recommendations, Map Ordinance A(Height Limit of 35 ft.),and upon roll call it passed unanimously. RESULT:ADOPT MOVER:Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED:None 8:35 PM - Recess taken 8:48 PM -Meeting Reconvened 2. Lennar Homes Text Amendment to Platting Standards of Land Development Code Sections 2.00.00 and 11.03.00. to define and expand the allowance for Dry Model Development - ADOPTION HEARING Thad Crowe, Senior Planner, and Kori Benton, Planning Manager of Planning & Development Services presented the second reading to the dry model text amendment proposal by Lennar Homes Inc.This is a modification of the County's Land Development Code to assess and increase the allowance for dry model construction as projects are approved for their ability to initiate construction in advance of plat recording. As required, the item was properly advertised in the local newspaper. Currently, the dry model has no utility connections, and the homes are limited to four per development. The guidelines place larger developments at a disadvantage and limit marketing. The amendment would define the dry model homes and allow for a proportional number of the homes to be greater than 4 or 10% of the subject phase plat’s residential units, whichever is greater, to be issued after approval of a Preliminary Record plat and construction plans, but e County requiring a surety before approval of a Final Record Plat. The amendment includes safeguards for th or bond that will allow for the removal of models in the event the project is abandoned or defaulted on. In conjunction with the request, staff recommended adding the following definition to the Dry model home LDC Chapter II: “A residential structure that shall be constructed in accordance with the ordinances andrequirements of St. Lucie County, but which has not connected to some or all utility services.” In no event shall the drymodel be issued a certificate of occupancy before therecording of the Final Plat. Utility service verification and completion of necessary infrastructure to support functions Dry modelhomes are typically oriented to locations accessible to primary road access and futureutility services. Also, upon the recording of the Final Plat, the dry model agreement will sunset, and the surety will be released. The staff finds the amendment to be consistent with the LDC and Comprehensive Plan. The Planning & Zoning Commission recommended approval at their November 16, 2023 meeting. The first reading before the Board was on December 12, 2023. Staff recommended the Board approve Ordinance 2024-5, containing the proposed Land Development Code text amendment, authorizing the Chair to sign documents as approved by the County Attorney. 18 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed the public hearing. The Board did not have any questions or comments on this item. A motionwas made to approve staff recommendations, and it passed unanimously. RESULT:ADOPT MOVER:Commissioner District 2 Larry Leet SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED:None 3. Rhino Roofs & General Construction Corp.-Rezoning Petition for a +/- 7.04 Acre Parcel on North Kings Highway from the AR-1 (Agricultural, Residential - 1) Zoning District to the IL (Industrial Light) Zoning District - THIS ITEM IS QUASI-JUDICIAL This public hearing was Quasi-Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Jamie Fowler - Spoke with staff only. Commissioner Linda Bartz - Spoke with staff only. Commissioner Larry Leet- Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff only. Chair Cathy Townsend - Spoke with staff only. Thad Crowe, Senior Planner, and Kori Benton, Planning Manager of Planning & Development Services, presented to the Board the proposed amendment to the Official Zoning Atlas to rezone. A public hearing to property owners within 500 feet of notice was placed in the St. Lucie News Tribune, mail notices were sent the subject property, and a sign was placed on the property. The property is located on the east side of N. Kings Highway, approximately ½ mile north of St. Lucie Boulevard. The rezoning will be for 7.04 acres from the Agricultural Residential-1 (AR-1) Zoning District to the Industrial, Light (IL) Zoning District. The future land use designation for the parcel is Mixed Use District (MXD) and is situated within the Urban Service Boundary (USB). The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of 1 dwelling unit per gross acre. The Industrial Light permits a variety of manufacturing, wholesale, and industrial services and similar services consistent with the MXD FLUM and nearby uses. All uses shall be compatible with adjacent land uses and there are no adverse environmental impacts. The property is served by central water; however, the nearest sewer force main is one mile to the south and east, at the intersection of St Lucie Blvd. & Taylor Dairy Rd. The proposed rezoning is not expected to harm other properties or improvements in the area and the amendment will not create a conflict with the surrounding zoning districts. In response to traffic concerns, the applicant has agreed to provide a cross- access easement to provide for the closure of two existing driveways to the south and provide a single shared driveway. 19 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM Staff recommended the Board approve an amendment of the Official Zoning Atlas to designate the subject parcel totaling +/- 7.04 acres as IL (Industrial, Light). Commissioner Dzadovsky commented on the building height requirements around the airport. The Board did not have any further questions or comments on this item. Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed thepublic hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT:APPROVE MOVER:CommissionerDistrict 2 Larry Leet SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 4. Kingsgate Center Self-Storage Conditional Use Permit on Lot 3* of the Kingsgate Center for a four (4) story self-storage complex totaling 124,200 square feet - THIS ITEM IS QUASI-JUDICIAL *Resolution number 2024-41 assigned post-meeting. Item presented in conjunction with 11. B.1. This public hearing was Quasi-Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Jamie Fowler - Spoke with staff only. Commissioner Linda Bartz - Spoke with staff only. Commissioner Larry Leet- Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff only. Chair Cathy Townsend - Spoke with staff only. Tahir Curry, Planning & Development Services Planner, presented to the Board a conditional use petition and major site plan for the development of a 4-story self-storage building with office space totaling 124,200 square feet within Lot 3 of the Kingsgate Center Planned Non-Residential Development. Following public notice requirements public notice was advertised in the St. Lucie County News Tribune on December 28, 2023, and notices were mailed to 14 adjacent property owners located within a 500 feet radius. No responses have been received to date. The 11.41-acre commercial subdivision is located on the southwest corner of the Orange Avenue and Kings Highway intersection. The self-storage facility's proposed plans are to subdivide the 3.27-acre parcel into a 1.51-acre parcel (subject parcel) and the remainder will consist of a 1.86-acre parcel which will be divided in the future. The surrounding properties consist of Industrial Light and Commercial General zoning designations. The staff provided a brief history of the proposed Kings Center PNRD as mentioned in the staff report. The plan consists of 337 storage units and 900 s.f. of office space with an office entrance at the northeast corner of the building and building access at the south 20 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM entrance. The site plan provides a loading zone under a vehicular portico, buffering, a bicycle rack, a dumpster enclosure, onsite landscaping, a sidewalk, and a crosswalk connection to the multi-use path along Orange Avenue. The proposed 4-story building has an average height of 45 feet, with 48 feet in height over the entrance parapet, within the 50-foot maximum height, which meets the Community Architectural Standards. The developer will also contribute to wayfinding and bench seating amenities. The storage facility has 3 driveways: 1 right-in/right-out driveway on Orange Avenue, 1 right-in/right-out driveway on Kings Highway, and 1 full-access driveway on Orange Avenue. The analysis indicates that the project site will have a minimal impact, less than 1%, on the transportation network within its area. The site will include building foundational plantings along thebuilding and landscaping along the proposed access road easement, consistent with LDC. The conditional use permit shall be granted only if the applicant demonstrates the uses will not have an undue adverse effect on nearby properties, adequate public facilities, water and sewer services, fire protection, and no environmental impacts. d unanimously passed a On December 14, 2023, the Planning & Zoning Commission held a public hearing an motion to forward a recommendation of approval to the Board for the Conditional Use Permit. The Conditional Use Permit and Major Site Plan conform tothe Standards of Review as outlined in the County LDC sections 11.02.07/Major Site Plan and 11.07.03/Conditional Use Permit and are consistent with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Staff recommended the Board approve the Conditional Use Permit and Major Site Plan, subject to the following conditions: Prior to associated building permit issuance, the wall signs or ground signs shall require review and approval by the Planning Division. Prior to the commencement of development, a 100% gopher tortoise survey shall be conducted by a state-certified gopher tortoise agent per the Florida Fish and Wildlife Conservation Commission (FWC) protocol. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. Prior to the issuance of a Certificate of Occupancy, the County will seek resurfacing of the existing private drive-aisle/roadway (north of the subject site) to address the disrepair. The applicant, propertyowner, developer, successors, or assigns shall be responsible for contributing wayfinding signage and park benches within the implementation. For plat approval prior to the completion of required improvements, a Subdivision Improvement Agreement and appropriate bonding are required. A Site Development Permit is required prior to performing site improvement activities. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board; Steve Dobbs With no one else wishing to address the Board, Chair Townsend closed the public hearing. Commissioner Dzadovsky commented on the traffic flow and safety of the development. The Board did not have any further questions or comments on this item. 21 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM A motion was made to approve staff recommendations, and it passed unanimously. RESULT:APPROVE MOVER:Commissioner District 2 Larry Leet SECONDER:Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED:None 5. Drawdy Angle Road Planned Unit Development Rezoning & Preliminary PUD Plan: Amendment to the Official Zoning Atlas to PUD (Planned Unit Development) and an associated Preliminary PUD Site Plan for a 404 Single-family Home Community on +/-202.2 acres - THIS ITEM IS QUASI-JUDICIAL - ATTACHMENTS UPDATED This public hearing was Quasi-Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Jamie Fowler - Spoke with staff and Brad Curry. Commissioner Linda Bartz - Spoke with staff and Brad Curry. Commissioner Larry Leet- Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff and Brad Curry. Chair Cathy Townsend - Spoke with staff and Brad Curry. Thad Crowe, Senior Planner, and Kori Benton Planning Manager of Planning & Development Services presented to the Board the Planned Unit Development, encompassing a rezoning request for Drawdy Angle Road. This item was properly noticed with a newspaper ad, a posted sign on the property, and a mailer to residents within 500 feet. The property is in the Southeast and southwest of the County at the intersection of Angle and Rock Roads just west of Kings Highway. The applicant is seeking to amend the official zoning atlas to include a Planned Unit Development and Preliminary Development Plan (PDP) approval for the construction of a residential community. The community will be known as Drawdy and will be situated on 202-acre land. It will comprise 404 single-family homes and various recreational amenities. The preliminary plan highlights two pods divided by Rock Road each gated with Phase 1 eastern pod in 2 years and Phase 2 in 5 years western pod. The homes and roads loop around stormwater pondswith 123 acres/57%open space, and private amenities including a clubhouse, pool, and football field. Also, central water and sewer will be provided by the Fort Pierce Utility Authority. Approximately 40 acres in the northeastern portion of the site are located within the Airport Overlay Zone, which prescribes height and lighting limitations. Staff provided an overview of the lot layouts, overlays, and buffering plan. The traffic impacts of the project are an estimated 3,646 daily trips accessed via only Angle Road. A majority of the traffic goes through Angle Road and the North Kings Highway intersection. This intersection is split-phased, causing congestion as each of the four directions awaits their turn. While roads have available capacity, this intersection will remain problematic until at least 2030 when it may be reconstructed. The applicant has agreed to a multi-use path. Staff recommended approval of the PUD with the following conditions. 1. Final PUD Site Plan design elements: 22 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM a.Mix of lot widths including 40’, 45’, 50’, 55’, and 80’-100’. b.Lots under 50’ not more than 50% of total units. c.Minimum front setback of 25' for lots 50’ and over in width, and 35’ for 40’ and 45’-wide lots. Front porch with minimum 6’ depth allowed to encroach into front setback. d. Minimum 7.5’ side setbacks for 45’ and 55’-wide lots (West Pod), minimum 5’ side setbacks for 40’ and 50’-wide lots, and 15’ side setbacks for 80’-100’-wide lots. Minimum 5’ side accessory setbacks for 40’ and 50’-wide lots (East Pod), minimum 3’ side accessory setbacks for 45’ and 55’- wide lots, and 10’ side setbacks for 80’-100’-wide lots. e. Monolithic “cookie-cutter” blocks of same lot widths will be avoided by a lot diversity standard that does not allow for more than five adjacent 40’ and 45’-wide lots. f. Eastbound right turn lane into development (onto Rock Rd.) from Angle Rd. g. Architectural design standards prohibiting the same elevation on adjoining lots and provide at least 10 floor plans/elevations. h. Refuse collection details for common recreational areas & amenities. i. Design standards to be utilized to guide the appearance of development. j. Dimensional standards for construction of walkways, patios, front porches, or similar accessory structures within single-family lots. k. Detail intended maximum fence height and/or material standards, if alternative to LDC Section 8.00.04 - Fences, Walls, and Hedges. l. Details of typical lighting fixtures for streets and pedestrian walkways, avoiding spillover to adjacent properties. Common area and individual lot exterior lighting are shielded and downcast to minimize light trespass. m.Provide sidewalk onboth sides of Rock Road, or a fee-in-lieu with approval. The final PUD shall provide for a trail network linking up open space areas. Trails can be a mixture of paved walkways, stabilized surfaces, and natural (mulch, gravel, etc.). A trial shall loop around the lake in the southeastern portion of the property. n. Limit driveway width to 16’ at the property line.Larger lots (50’-100’ wide) may widen driveways up to 20’ within the lot. o. Describe and locate traffic calming elements such as bulbs, chokers, neckdowns, chicanes, and landscaped medians. p.With the exception of driveways, no impervioussurfaces are allowed within the required yard (setbacks), except for impervious surface areas for trash cans, air conditioning units, and generators not to exceed 80 square feet. q. Final landscape plan shall incorporate a combination of ground cover; shrubs; and small, medium, and large evergreen trees to be planted within a minimum 50’-wide I-95 right-of-way landscape buffer for Phase 2, planting the entire buffer including the berm, in a random fashion so that the plantings emulate a naturally occurring wooded area that serves as a “closed forest.” In addition to supplemental plantings (beyond what is required by the Landscape Code) proposed by the applicant, the buffer to include four additional 1” dbh pines per 50 linear feet to be planted in a scattered fashion in the enhanced buffer area. 2. Prior to the issuance of building permits for more than 40% (or 161 dwelling units) of residential construction with the PUD, complete common recreation facilities 3. The Final Site Plan may incorporate accessory dwelling units on lots 80’ in width or wider. 4. Prior to the first Certificate of Occupancy, erect and maintain a sign at the intersection of the potential future connector and the eastern loop road informing of the future connector or provide a note on the plat 23 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM or sales contract for eastern pod lotswith references or disclosures. 5. The developerto coordinate with County Engineering to design, permit,and construct a westbound left turn lane onto Rock Road by the end of the first phase. 6. The developer & successors to coordinate with County Engineering to reservea 60’ right-of-way connecting Rock Road to the eastern property line of the subject property through the open space area south of Phase 1. The Final PUD Site Plan shall show potential road locations, with the exact location being determined once a proper connection to Kings Highway has been identified. 7. Removed. 8. Prior to Major Site Plan approval, provide a finalized landscape plan consistent with Land Development Code 7.09.00. 9. Prior to Major Site Plan approval, provide a finalized tree mitigation plan consistent with Land Development Code 6.00.05.D. 10. Prior to demolition activities, provide barn owl nesting survey consistent with FWS protocol. If nests are identified, no work can occur until the young have fledged as they are protected under the Migratory Bird Act during nesting/maternity season. Additionally, an environmental professional shall ensure the adult owls have left the structure prior to filling the walls and roof. 11. Prior to demolition activities, provide barn owl boxes specifically as approved by the University of Florida Institute of Food and Agriculture (IFAS) to attract the barn owls to remain onsite. 12. Prior to the commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, provide a wading bird survey conducted between November and July and 30 days prior to site construction where potential nesting habitat was observed around the 9.36-acre lake located within the southeast corner of the site. Coordination with U.S. Fish and Wildlife (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) shall be required in the event nesting habitat is identified, as the presence of listed nesting wading birds may require additional mitigative measures. 13. Prior to the commencement of development, including, but not limited to clearing, filling,excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the applicant’s environmental consultant shall conduct a pre-construction meeting with all construction personnel, and shall be present onsite when work is being conducted within 330 ft of the potential nesting site to ensure compliance with FWS/FWC protocol/recommendations. 14. Prior to the commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, all other applicable listed species surveys shall be updated as necessary per individual species-specific requirements or written correspondence stating any potential impacts have been resolved from the appropriate state and federal agency. If any listed species impacts are found to be present as a result of these surveys, appropriate mitigative measures per state and federal agency requirements shall be provided prior to the initiation of any clearing activities. 15. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. 16. The project may be required to provide improvements to the intersection of Angle Road and Kings Highway. Specifics to be determined. 17. A Road Improvement Agreement and appropriate bond will be required for all permanent improvements within the Right-of-Way. 18. A Site Development Permit will be required prior to the commencement of construction. 19. Angle Road: Sidewalks should be provided along each phase frontage. Arterial roadways shall include a minimum 6’ sidewalk. The Board of County Commissioners may authorize the applicant to pay a Fee-in-Lieu 24 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM of the construction of the sidewalk. Prior to the issuance of a site development permit, design for the sidewalk or an approved Fee-in-Lieu of Construction will be required. 20. Within 90 days of final developmental approval, the applicant, property owner, developer, successors, or assigns, shall convey to St. Lucie County, in a manner or form acceptable to the County Attorney, right-of- way along Rock Road and Angle Road, in an amount to be determined by the Public Works Department. Staff recommended the Board approve the Rezoning & Preliminary PUD Plan with staff-recommended conditions, via Resolution 2024-8, authorizing the Chair to sign documents as approved by the County Attorney. Staff recommended the approval of the proposed Zoning Map amendment on the subject site from PUD (Planned Unit Development) to PUD with Staff-recommended conditions. Brad Curry from Engineering Design and Construction addressed the board and provided an overview of the staff's presentation. He also stated that the applicant agrees to all the conditions of approval. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. Glen Pool With no one else wishing to address the Board, Chair Townsend closed the public hearing. Mr. Curry commented in response to the public's concern regarding the buffer, landscaping, and wells. He advised the site plan could be reconfigured for the neighboring property of concern to have a 40ft. buffer along the property line. He also mentioned there should not be any negative impacts to the wells. There was a Board discussion and concerns regarding the location of the project, roads, traffic impacts, landscaping, property lines, wells (water/sewer), the final site plan approval, roads, and a 40 ft. buffer. The Board did not have any further questions or comments on this item. A motion was made to approve staff recommendations, including a minimal 40-foot buffer for affected properties, and upon roll call it passed unanimously. RESULT:APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 6. Sabal Palm Grove PUD -A Petition to Amend the Official Zoning Map Atlas for a 19.44-acre site from the RS-4 (Residential, Single-Family - 4) Zoning District to the PUD (Planned Unit Development) Zoning District and Approve an Associated Preliminary Site Plan - THIS ITEM IS QUASI-JUDICIAL This public hearing was Quasi-Judicial, and the commissioners made the following disclosures regarding this item: 25 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM Commissioner Jamie Fowler -Spoke with the applicant and staff. Commissioner Linda Bartz - Spoke with the applicant and staff. Commissioner Larry Leet- Spoke with the applicant and staff. Commissioner Chris Dzadovsky - Spoke with the applicant and staff. Chair Cathy Townsend - Spoke with the applicant and staff. Tahir Curry, Planner I, and Kori Benton Planning Manager of Planning &Development Services presented to the Board a petition for an amendment to the official zoning atlas to change the 19.44-acre site from the Residential, Single-Family – 4 (RS-4) Zoning District to the Planned Unit Development (PUD) Zoning District with an associated Preliminary PUD Site Plan. The applicant WGI, Inc. is proposing an 89-dwelling unit fee simple townhome development with associated site improvements to be known as the SabalPalm Grove PUD. The property is located on the Southeast corner of Emerson Avenue and Deland Avenue inside the Urban Service Boundary and the Water & Wastewater services will be provided by Fort Pierce Utilities. This item was properly noticed in the local newspaper on December 28, 2023, mailed notices were sent 77 to property owners located within 500 feet of the petition site, and two signs were placed on the property detailing the proposal. There were 25 responses received via email through Commissioner contact that are not in favor of the project. The proposed multi-family development includes 19 two-story fee-simple townhome buildings, a pool, clubhouse, walking trails, stormwater ponds, and a passive recreation area. The density is consistent with the maximum of 5 dwelling units per acre to develop a total of 89 fee-simple townhome units, which complies with the underlying future land use maximum density per the comprehensive plan policy. There will be entrances on Deland Avenue and Lee Boulevard and bus stops, with pedestrian connections planned through site development. The proposed 2-story townhomes will be 25 ft. in height, have a garage, and 2-car driveway, and consist of 3 bedrooms and 2.5 bathrooms. The units will be 24.5 ft. in width and 47 ft. in length. The community will include guest parking areas and a covered mail kiosk for residents. The townhomes will be fee-simple for individual ownership and will be subject to platting following final site plan approval. A final elevation design will be required at the final site plan review following the Community Architectural Standards. The proposed project meets the required 35% open space, maintaining 35% or 6.01 acres of open space. The daily and peak hour traffic generation for the development used the trip generation rates for single- family detached housing, which is a higher generator than multi-family. The proposed project is expected to generate 689 daily, 45 AM and 54 PM. Access to the site is proposed connection to Deland Avenue full access connection to Lee Boulevard upon full buildout of the project projected for 2026. The staff mentioned Emerson Avenue is anticipated to be resurfaced with 6-10ft. sidewalks will be installed as a part th of the project from Indrio Road to 25 Street North approximately 2.5 miles stopping at the Indian River County line. The project is anticipated to begin in October 2024 and finish in September 2025. There will be roadway dedications on Deland Avenue 35 ft., Lee Boulevard 35ft., Winter Garden Parkway 35 ft. if extended, and 25ft. along Emerson Avenue. On October 12, 223 the applicant held a community meeting at the Lakewood Park Village Hall, and 30 residents were in attendance. On October 19, 2023, passed a motion to forward a recommendationof approval to the Board with the following recommendations of approval: Primary Access via Winter Garden Parkway/SLC Public Works – Elimination of gates. 26 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM The vehicular gates have been removed to satisfy the recommendations made by the Planning and Zoning Commission to integrate the proposed development into the existing community. The right-of-way known as Winter Garden Parkway does not currently extend from the southeastern corner of the subject site to Emerson Avenue along the south property line, access to the community will remain on Deland Avenue and Lee Boulevard. The conceptual site plan has been revised to allow for additional open space and the potential for a connection on Winter Garden Parkway, should the County extend this road along the southern property line inthe future. Paver Driveways to be used within the proposed community. Additionally, propose that the driveways are narrower with increased landscaping in front of the units. The applicant revised the driveways to include brick pavers. The driveways will remain 20 ft. wide to maintain the required parking dimensions. Reduction in the total number of dwelling units (to 4 units per acre) including a narrower driveway. The number of dwellings were reduced from 97 units to 89 units to enhance compatibility with the adjacent neighborhood, to provide additional open space, and to improve tree preservation. Architectural design / front entrance in advance of garage plane. The buildings have been arranged to provide variation in the building facades along the internal corridors. Covenant requiring roof replacement comprehensively, when required. The applicant has agreed to include a provision in the HOA regulations accordingly. Recommended fence/wall elimination and/or height reduction and design articulations to prevent the community from being “closed off” from the existing Lakewood Park Neighborhood, which is open and connected. The Planning & Zoning Commission recommended eliminating the perimeter fencing along the west, north, and south property boundaries. Per recommendation from staff, the preliminary site plan shows the code required 8ft. fence along Lee Boulevard with a note stating, “unless otherwise approved by St. Lucie County”. Planning and Zoning Commission advised the Board may elect to waive and or require the masonry wall or opaque wood fence from the adjacent neighbors along Deland Avenue (north) and Lee Boulevard (east). The proposed Planned Unit Development Rezone & Preliminary Regulating Plan conform to the Standards of Review as outlined in St. Lucie County Land Development Code Sections 11.06.03, and 11.02.07, and is consistent with the Goals, Objectives, and Policies outlined within the St. Lucie County Comprehensive Plan. Staff recommended the Board approve the Rezoning & Preliminary Site Plan, subject to the following conditions: Within 90 days of development approval, the applicant, property owner, developer, successors, or 27 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM assigns, shall convey to St. Lucie County,in a manner or form acceptable to the County Attorney, fifteen (15) feet of right-of-way for Deland Avenue, thirty-five (35) feet of right-of-way for Lee Blvd, thirty-five (35) feet of right-of-way dedication for a future roadway to the south, and twenty- seven (27) feet of right-of-way along Emerson Avenue. A Site Development Permit is required prior to performing site improvement activities. In accordance with the permit and Land Development Regulations, the applicant shall retain the EOR for site inspections and final certification. Prior to the issuance of any building permit a final plat must be approved by the Board of County Commissioners. For plat approval prior to completion of required improvements,a Subdivision Improvement Agreement and appropriate bonding arerequired. The Final (Major) Site Plan shall: a.Provide a Site Lighting certification by a photometric engineer prior to final inspection, verifying no direct light spillover to adjacent single-family residences. b.Include a wall design and height compliant with the Land Development Code Section 7.09.04. General Landscaping Requirements, or alternative vegetative buffer and maintenance plan acceptable to the Environmental Resources Department. c. Demonstrate the Community Clubhouse, townhome elevations, or similar use facilities are consistent with the Community Architectural Standards of St. Lucie County Land Development Code, Section 7.10.24. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. Prior to commencement of development, including, but not limited to; clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00., the applicant shall provide a tree mitigation plan utilizing one tree mitigation method or combination thereof per LDC 6.00.05.D. Prior to the commencement of development, including, but not limited to; clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00., a formal wetland jurisdictional determination or Environmental Resource Permit (ERP) shall be provided from the appropriate state and/or federal agencies, consistent with LDC 11.02.09.A.5 and Chapter 6 of the CP Policy 6.1.12.4. Prior to commencement of development, including, but not limited to; clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00., listed species surveys (e.g., gopher tortoise, crested caracara, etc.) shall be provided/updated as required per state and/or federal survey protocol. Should any listed species be found as a result of these updated surveys appropriate permits from state and federal agencies shall be required. Prior to commencement of development, including, but not limited to; clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00., a Vegetation Removal Permit or Exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. Lindsey Libes, and Adam Schildmeir of WGI Engineering, addressed the Board regarding the request for 28 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM approval of the rezoning. She provided a presentation reiterating the staff presentation and also advised they are committed to including rental restrictions within the HOA documents as requested, with no rentals allowed within the first year and after the first year, no rental rentals allowed to exceed one lease per year. They also addressed concerns regarding surrounding buffers, utilities, roads, water/sewer, entrance/exit, proposed design, and stormwater drainage. The Board discussed concerns regarding the preliminary site plan location, density, build-out, challenges of the entrance on Deland Avenue, and surrounding neighborhoods. Chair Townsend and Commissioner Fowler advised they are not in support of the project. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. Johnetta Beaver Paula Taylor With no one else wishing to address the Board, Chair Townsend closed the public hearing. After considering the Board's discussion and public comments, the representative of the applicant, Ms. Libes, requested a continuance of the item to allow for more time to address and resolve the concerns raised. A motion was made to continue the item to an uncertain date with the understanding that the item would need to be re-advertised at the cost of the applicant, and it passed unanimously. RESULT:CONTINUE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 7. Eagle Bend -Planned Unit Development (PUD) Rezoning & Preliminary Site Plan: Amendment to the Official Zoning Atlas to PUD (Planned Unit Development) and an Associated Preliminary PUD Site Plan for up to a 1,713 Unit Residential Community on +/-391.26 Acres - THIS ITEM IS QUASI-JUDICIAL This public hearing was Quasi-Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Jamie Fowler - Spoke with staff only. Commissioner Linda Bartz - Spoke with staff only. Commissioner Larry Leet- Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff only. Chair Cathy Townsend - Spoke with staff only. Irene Szedlmayer, Senior Planner, and Kori Benton, Planning Manager Planning & Development Services 29 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM presented to the Board the requested amendment to the official zoning atlas by Whalou Properties, LLC. Following public notice requirements advertisement was published in the St. Lucie Tribune on December 28, 23, and notices were sent to property owners within 500 ft. of the subject property. The applicant also held an additional neighborhood meeting on December 19, 2023, for any questions or concerns of the neighbors. The proposal is to change the owner'ssubject 387 acres from Agricultural-1 (AG-1), Agricultural Residential- 1 (AR-1), and Single-Family Residential-2 (RS-2) to Planning Unit Development (PUD) Zoning District and to obtain approval of the Eagle Bend PUD Preliminary Development Plan. Phase I of the development includes 370 detached single-family dwelling units, Phase II 315 single-family dwelling units and 84 Townhomes, Phase III 320 Townhomes, Phase IV 270 single-family dwelling units, Phase V 354 apartments which provides for up to 1,713dwellings and other site improvements. The total gross density is measured at 4.4. which is below the future land use allowable. The existing Future Land Use designation is Residential Urban (RU) which permits up to 5 dwelling units per acre. Thedwelling units, including detached single-family dwellings, townhouses, and apartment buildings, and dedication of right-of-way and construction of Jenkins Road and Avenue G segments, creation of a 23-acre buffer zone surrounding a Bald Eagle’s nest, pedestrian access to the Westwood Academy High School, and other related development activities. In the future, there may be a request for an amendment to the Land Development Code regarding a special area plan and Avenue Q to extend the connection to Kings Highway and Angle Road. The staff has presented an initial development plan for roadway dedication. The plan includes Jenkins Road with a dedication of 160 ft., Road G with 80 ft. and 30 ft. easements, Angle Road with 115 ft., and Road A with 50 ft. Furthermore, the plan includes 48.47 acres for the right-of-way and stormwater. The staff provided an overview of the proposed PUD open space map which included 42% common open space, and protection of a 2-acre stand of native trees, a 23-acre buffer for an eagle’s nest, and 15.77 acres of wetlands. On November 16, 2023, the Planning and Zoning Commission considered this project at a public hearing and recommended with a vote of 5 to 2 that the Board approve the re-zoning and preliminary development plan. The key issues explored by the department with the applicant include the buffering of large residential lots adjacent to the south, the garages and driveways dominating the streetscape, the lack of front yards, and the timing of roadway improvements. The adequacy of Angle Road given Jenkins Road will not connect to the south until Phase V. Staff recommended the approval of the following: Amendment of Zoning Atlas to PUD for the subject of 387.89 acres and the Eagle Bend PUD Preliminary Development Plan, subject to enumerated conditions. Impacts to 3.13 acres of wetlands & 2.80 acres of wetland buffers, conditioned upon on-site mitigation of impacts to 0.93 acres of wetlands & 0.68 acres of wetland buffer associated with Wetland #2, & conditioned upon the approval of a PAMMP for the wetlands & buffers & other code- required items. Relief from building spacing formula set forth in LDC Section 7.04.03. Staff recommended that the Board approve the amendment of the Zoning Atlas to PUD and the associated Eagle Bend PUD Preliminary Development Plan, subject to the following conditions: A. The Final Site Plans shall further consider: the location and the timing of the proposed pedestrian connection between Eagle Bend and 30 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM Westwood Academy. additional direct pedestrian connection between the residential neighborhoods with Jenkins Road & Road G. B. If the conveyance of 1.3 acres owned by North St. Lucie Water Control District (NSLRWCD) is not realized, the Ph. 5 multifamily shall provide that same amount of open space within its boundaries. C. The approval of Final Site Plans for Eagle Bend shall include the Development and/or Impact Fee Credit Agreement(s) providing detailed identification of roadway improvements, including timing and coordination between the necessary transportation improvements and the residential development to assure public facilities are available concurrent with the impacts of development. The approval of the re-zoning and Preliminary Development Plan does not constitute approval of the proposed schedule of transportation improvements presented in the Applicant’s memo dated Nov. 9, 2023. Revised condition: The final site plans for development within Eagle Bend PUD zoning district shall include detailed identification of roadway improvements and land dedication associated with each phase of development and demonstrate concurrency at the time of final site plan approval. The county and the developer intend to enter into a separate development agreement and or impact fee agreements, ensuring public facilities are available concurrent with the impact of development. The approval of the rezoning and preliminary development plan for the Eagle Bend PUD does not constitute approval of the proposed schedule of transportation improvements presented in the Eagle Bend PUD traffic update dated November 9, 2023. However, the intent for Phase I of the Eagle Bend PUD upon demonstration of concurrency at the time of the final site plan approval for up to 370 units, is to provide initial access via Angle Road with Jenkins Road construction to begin with Phase II and or the 371st unit. D. Approval of the Eagle Bend PUD Preliminary Development Plan is conditioned upon amendment of LDC Sec. 4.12.00. to remove Avenue Q between Angle Road and Jenkins/Taylor Dairy Road from the required internal road system for the Jenkins Road Area Plan Special District. If that amendment is not adopted by the BOCC, the Final Site Plan shall be modified to provide for Avenue Q as now provided in LDC Section 4.12.03. Commissioner Dzadovsky questioned if the eagle protection area was required by the federal government, not the County and why is it included in the open space. Amy Griffin, Environmental Resources Director, commented and advised the federal government requires bald eagles to be protected and the 660 ft radius to be applied around the eagle nest and protected. The eagle nesting calculated area is not included in the open space. There was further discussion regarding the open space of the development and the calculations. Nikolaus Schroth, NAI Southcoast, a representative for the applicant addressed the Board and advised the eagle nest area is not being counted, towards, the open space, and that the 32.6% reference to the open space is applied to the entire site development and 42% of the development has been served as open space which is above the 35% requirement of the County. 31 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM Brad Curry, of Engineering Design and Construction, addressed the Board, providedan overview of the staff presentation for the 387-acre rezoning application, and introduced his team working on the project. He advised that48.47 acres of the property wouldbe given to the County and impact fee credits are expected in return. He mentioned that the project's density is based on the net average which is not counted towards open space. The park site or lake is also not counted towards open space, which leaves a total maximum density of 713 units. The final site plan will come back to the Board for review and approval. It will include the Final PUD for the site plan for PhaseI, the Plat application, and the site development application. He also provided an overview of each phase of the development. He also mentioned the applicant will be providing private amenities onsite for residents, public park, and park impact fees. He advised the applicant to agreeto all the conditions of approval by the Board. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. Johnette Beaver Ronnie Beaver With no one else wishing to address the Board, Chair Townsend closed the public hearing. The Board also discussed the road right-of-way, impact fee credits, county roads, public parks, road connectivity (Jenkins Road, Taylor Dairy Road, Keen Road, Angle Road, Kings Highway), traffic studies, new schools, density, build-out time frame (10-15 yrs.), workforce housing, and traffic impacts. A motion was made to approve staff recommendations, with revised conditions, and upon roll call, it passed unanimously. RESULT:APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS:None EXCUSED: None 8. A County Initiated Land Development Code Text Amendment for the Allowance for Additional Height of Non-habitable Accessory Features and Mechanical Equipment, and to Allow the Height of Certain Accessory Structures within Residential and Agricultural Zoning Districts to Extend over the Maximum Height of the Primary Structure when Certain Provisions are Met - ADOPTION HEARING Kori Benton, Planning & Development Services Planning Manager, presented to the Board the second reading of the County Initiated Land Development Code Text Amendment. Following public notice requirements, this item was properly advertised in the St. Lucie News Tribune on December 22, 2023. The amendment proposes to allow non-habitable architectural and mechanical features, including but not limited to parapets, chimneys, steeples, spires, elevator machinery, and shafts to exceed the maximum building height limit by not more than 5 ft. for single-family, and up to 20% for multi-family and commercial 32 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM structures but not to exceed 12 ft. and 10% if the roof surface area. Additionally, the proposed ordinance would allow detached non-commercial garages, carports, and enclosed storage structures to exceed the height of the primary residential structure, but shall be limited to 20 ft. in height within residential zoning districts and 25 ft. in height agricultural zoning districts, where located a minimum of 5ft. behind the front facade of the primary structure or single-family residence. On November 16, 2023, the Planning & Zoning Commission heard this petition and voted unanimously, and recommended approval with the minimum 5ft. facade offset. Staff recommended approval based on the consistency with the County Land Development Code and Comprehensive Plan. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. Gary Oldehoff Harvey Alligood Charles R. Dennis Murphy With no one else wishing to address the Board, Chair Townsend closed the public hearing. During the meeting, Commissioner Leet asked if Hutchinson Island could be exempted from the text amendment. The staff confirmed that it was possible. There was a discussion regarding roofing designs and surfaces, safety hazards, additional architectural features, and island exemption. The Board did not have any further questions or comments on this item. be postponed to allow staff more time to The County Attorney, Daniel McIntyre, recommended that the item address some of the concerns raised about certain components of the proposal. He also suggested adding additional language to exempt the island. A motion was made to continue the item to January 23, 2024, at 9:00 am or thereafter, and it passed unanimously. RESULT:CONTINUE MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None Rangel Guerrero, the Public Safety Director, addressed the Board due to an emergency tornado warning. Chair Townsend called for a recess until the alert was over. 8:53 PM - Recess taken 9:18 PM -Meeting Reconvened 33 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM 11. REGULAR AGENDA A.COUNTY ATTORNEY 1.Deferred Compensation Program -457(b) Governmental Deferred Compensation Plan Documents - Lincoln Retirement Services Company, LLC ("Lincoln"); Amendment No. 6 to the Record Keeping Services Agreement between TIAA and the County dated August 15, 2013 Dan McIntyre, County Attorney presented this item to the Board. In 1983, the Board adopted an ordinance establishing a Deferred Compensation Plan for eligible County employees. In 2013, TIAA and the County entered into a Record Keeping Services Agreement. TIAA has determined that it no longer wants to service local government and desires to no longer service the County's account. The County's independent consultant, AndCo Consulting, and the County's Deferred Compensation Committee solicited proposals from firms interested and have recommended that the Board select Lincoln Retirement Services Company, LLC as the next administrator. On December 12, 2023, the Board adopted Ordinance No. 23-019 amending Section 2-115 of the St. Lucie County Code to change the administrator of the Deferred Compensation Plan from TIAA to Lincoln Retirement Services Company, LLC, effective January 16, 2024. The proposal is for the 457(b) Governmental Deferred Compensation Plan document with Lincoln Retirement Services Company, as well as documents necessary to effectuate the change in administrator. Under the terms of the plan LLC, document, the County will adopt the Deferred Compensation Plan as described. Also provided was proposed Amendment No. 6 between the County and TIAA, which provided for termination of the August 15, 2013, Record Keeping Services Agreement effective January 17, 2024. Staff recommended the Board approve the 457(b) Governmental Deferred Compensation Plan Document and accompanying agreements with Lincoln Retirement Services Company, LLC, and Amendment No. 6 to the August 15, 2013, Record Keeping Services Agreement with TIAA and authorize the Chair to sign all documents as finally reviewed and approved by the County Attorney. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT:APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 2. Resolution No. 2024-003 -Approving Certain Incentives on Behalf of Project EVEREST Dan McIntyre, County Attorney, presented to the Board a proposed resolution to approve certain incentives on behalf of the project known as Everest, a multinational distributor of a wide variety of consumer products. The project will include approximately 595,000 s.f. of new distribution and logistics facilities with a 34 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM capital investment of $55 million in real property, and $16 million in tangible personal property. The project will create 265 new jobs upon completion of the facility. The employment schedule consists of 235 new jobs in Year 1; 15 new jobs in Year 2 and 15 new jobs in Year 3 as stated in the executive summary. The County is offering a collaborative incentive package to Project EVEREST in partnership with the City of Port St. Lucie for the benefit of the residents of St. Lucie County. Staff recommended the Board adopt Resolution No. 24-003 and authorize the Chair to sign documents as approved by the County Attorney. Wesley Curry, Senior Vice Presidentof the St. Lucie County Economic Development Council, addressed the Board regarding the project and advised the facility will be a Costco Distribution Center and the employees will have an average annual wage of $55,350or $26.61 per hour. Which will be 121% above the current St. Lucie County average wage. Commissioner Dzadovsky commented on the area of the project, job creation, performance incentives, and revenues. The Board did not have any further questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT:APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 3. Reimbursement Resolution No. 24-012 - ATTACHMENT AMENDED Dan McIntyre, County Attorney, presented to the Board a proposed reimbursement resolution to allow the County to work on a financing plan for certain capital improvements to the County's utility system. In advance of completing the financing plan, the County's bond counsel prepared aresolution that would allow the County to be reimbursed for various costs and expenditures made in advance of any issuance of tax-exempt debt. Staff recommended that the Board approve the resolution and authorize the Chair to sign the resolution. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT:APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None 35 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM EXCUSED: None B.PLANNING & DEVELOPMENT SERVICES 1. Kingsgate Center Self-Storage Major Site Plan on Lot 3* of the Kingsgate Center - THIS ITEM IS QUASI- JUDICIAL Item presented in conjunction with 10. B.4. This public hearing was Quasi-Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Jamie Fowler - Spoke with staff only. Commissioner Linda Bartz - Spoke with staff only. Commissioner Larry Leet- Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff only. Chair Cathy Townsend - Spoke with staff only. Tahir Curry, Planning & Development Services Planner, presented to the Board a conditional use petition and major site plan for the development of a 4-story self-storage building with office space totaling 124,200 square feet within Lot 3 of the Kingsgate Center Planned Non-Residential Development. This item was presented in conjunction with 10.B.4. The self-storage facility's proposed plans are to subdivide the 3.27- acre parcel into a 1.51-acre parcel (subject parcel) and the remainder will consist of a 1.86-acre parcel which will be divided intothe future. Following public notice requirements, public notice was advertised in the St. Lucie CountyNews Tribune on December 28, 2023, and notices were mailed to 14 adjacent property owners located within a 500-foot radius. No responses have been received to date. The site islocated at the Southwest corner of Orange Avenue and Kings Highway intersection. The surrounding properties consist of Industrial Light and Commercial General zoning designations. The staff provided a brief history of the proposed Kings Center PNRD as mentioned in the staff report. The plan consists of 337 storage units and 900 s.f. of office space with an office entrance at the northeast corner of the building and building access at the south entrance. The site plan provides a loading zone under a vehicular portico, buffering, a bicycle rack, a dumpster enclosure, onsite landscaping, a sidewalk, and a crosswalk connection to the multi-use path along Orange Avenue. A Conditional Use permit is accompanied by this Major Site Plan application. Staff recommended the Board approve the Major Site Plan for the Kingsgate Center Self-Storage Facility, via Resolution 2024-2, authorizing the Chair to sign documents as approved by the County Attorney. Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed the public hearing. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT:APPROVE MOVER: Commissioner District 1 Chris Dzadovsky 36 | Page BOCC Regular MeetingTuesday, January 9, 2024 6:00 PM SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED:None 12. ANNOUNCEMENTS A.The Board of County Commissioners will hold an Informal meeting on Tuesday, January 23,2024,at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, January 23, 2024, at 1 pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 13. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 12:24 PM. Please note: Final minutes are recorded in the official minute books filed with the Clerk of the Circuit Court and available for inspection upon request. 37 | Page