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HomeMy WebLinkAboutMinutes 04.02.202491rc LUCE (D 0'�) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting April 2, 2024 Convened: 6:00 PM Adjourned: 10:28 PM 1. CALL TO ORDER The meeting was called to order at 6:00 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 Tahir Curry, Planning & Development Services Associate Planner Irene Szedlmayer, Planning & Development Services Planning Senior Planner Kori Benton, Planning & Development Services Planning Manager Brian Arbeiter, Environmental Resources Senior Planner Brian Ingram, Environmental Planner Patrick Dayan, Public Works Director Grant Chambers, Public Works Civil Engineer Daniel Zrallack, County Engineer JoAnn Riley, Properties Acquisition Manager Patrick Dayan, Public Works Director Katherine Barbieri, Assistant County Attorney 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 unanimously. BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM 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 5. PRESENTATIONS A. Boys & Girls Club Youth of the Year William Armstead, CEO, and Sean Mitchell, Executive Director of Government Affairs and Community Engagement of St. Lucie County Boys & Girls Club discussed the mission and programs emphasizing their impact on youth development. The Boys & Girls Club's mission is to enable all young people to reach their full potential as productive, caring, responsible citizens. The programs range from Education & Career Development, Character & Leadership, Health & Life Skills, Sports & Fitness, and The Arts. 25 locations in St. Lucie County serve over 16,000 young people with over 500,000 meals served annually. The Club teens made over $250,000 last year in workforce readiness stipends and members completed 25,000+ community service hours. 97% of the club members are on grade level, 76% of teens participated in job opportunities, and 98% of Club members avoided risky behavior such as smoking, alcohol, and fighting. Club members have learned how to network and build individual relationships among themselves and out in the community. The Boys & Girls Club's programs, including STEM and workforce readiness initiatives, share statistics on the organization's impact in St. Lucie County. The Boys & Girls Club has a Youth of the Year program that recognizes the extraordinary achievements and resilience of young individuals who embody leadership, service, and academic excellence. The program consists of: • Resume/Essay Writing & Interviews • Coaching with Local Leaders • Advocacy & Platform Development • Public Speaking Engagements • Networking & Relationship Building • Community Service & Mission Trips The 2024 Youth of the Year program recognizes Enrique Rosario, who highlighted the challenges faced by immigrant youth in the US and advocated for their rights. He expressed a change must be made and the immigrant struggle must be made visible. 6. PUBLIC COMMENT (excluding Public Hearing Items) Chair Townsend opened the meeting for public comment at this time. The following people addressed the Board regarding the Florida PACE and Fortify Loan Program: • Chris Petterson • Richard Colletti • Geoffrey Pollock Ira BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM • John Pankraz With no one else wishing to address the Board, Chair Townsend closed public comment. 7. PROCLAMATIONS APPROVAL A. Resolution No. 24-032 - Proclaiming the Month of April 2024 as "Functional Neurological Disorder 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 Charlotte George (daughter) and FND Hope International Laura George, who thanked the Board and accepted the proclamation. RESULT: APPROVE IMOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None 1 EXCUSED: None B. Resolution No. 24-047 - Honoring Florida Fish and Wildlife Conservation Commission Senior Investigator Kyle Lee Patterson and Supports the State Designating the North Causeway Boat Ramp and Park as FWC Senior Investigator Kyle L. Patterson Memorial Park 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 FWC Officers, Kole & Kinsley (children) and Alicia Patterson (wife), who thanked the Board and accepted the proclamation. I 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 EXCUSED: None 8. APPROVAL OF MINUTES A motion was maae to approve aii minute sets ana passea 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 I EXCUSED: None 3 1 P a g e BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM A. Board of County Commissioners minutes for the BOCC Regular Meeting of March 5, 2024. B. Board of County Commissioners minutes for the BOCC Informal Meeting of March 12, 2024. 9. CONSENT AGENDA 4 motion was made to adopt the consent agenda and passed unanimous 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 A. WARRANTS 1. Warrant Lists 25 Adopted by Consent Vote B. ADMINISTRATION 1. Contract C24-03-241 with Gearface LLC(DBA CDA Electronics) in the amount of $171,762.53 to Upgrade the now Obsolete WinPak Card Access System Staff recommended the Board approve and ratify Contract C24-03-241 with Gearface LLC (DBA CDA Electronics) in the amount of $171,762.53. Adopted by Consent Vote 2. American Rescue Plan - Fairgrounds Regional Water Treatment Plant - Funding Reallocation - ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended Board approval of reallocating the American Rescue Plan funding in the amount of $6,000,000.00 from the Fairgrounds Regional Water Plant project to fund construction and inspection costs of established American Rescue Plan Utility projects listed in the financial impact statement, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote C. COUNTY ATTORNEY 1. Resolution No. 2024-051 - Right -of -Way Donation - 30' of Right -of -Way along S 27th Street and 25' of Right -of -Way along Brantley Road from Estancia Development, LLC - Parcel ID 2420-414-0001-000-4, 2420-414-0002-000-1, and 2420-414-0003-000-8 Staff recommended the Board accept the warranty deed from Estancia Development, LLC, authorize 4 1 P a g e BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM the Chair to sign the resolution, and direct staff to proceed with the closing and record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote 2. Escheated Property - Transfer to the City of Port St. Lucie - Parcel ID 3422-585-0160-000-2 Staff recommended the Board authorize the Chair to sign the County Deed transferring the parcel to the City of Port St. Lucie and record the County Deed in the public records of St. Lucie County, Florida. Adopted by Consent Vote 3. Revocable License Agreement - 10640 Pine Cone Lane - Pine Hollow Unit One, Lot 11 - James J. Andreacchio (TR) and Deanna Andreacchio (TR) - Parcel ID 2321-801-0011-000-1 Mr. and Mrs. Andreacchio are requesting a Revocable License Agreement to install a 4' chain -link fence along the west side of the property, within the County's 5' Utility Easement, a 4' chain -link fence with gates along the east side of the property, within the County's 15' Drainage/Utility Easement, and a 4' chain -link fence with a gate along the north side of the property, within the County's 30' Drainage/Utility Easement, per the Plat recorded in Plat Book 27, Page 11. They understand that if the County Engineer determines the fence is causing flooding, drainage problems, or 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. Andreacchio to pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 4. Resolution No. 24-046 - Proclaiming April 21, 2024, through April 27, 2024, as "Crime Victims' Rights Week" in St. Lucie County, Florida Adopted by Consent Vote D. COMMUNITY SERVICES 1. Resolution 24-070 Amending Resolution 24-030 of the Homeless Advisory Committee Providing for a Change to the Required Number of Committee Members for a Quorum Staff recommended Board approval of Resolution 2024-70 amending the requirements for a quorum; and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Resolution 24-071 Approving the Transfer of Ownership Interests in Madison Cay Apartments and 5 1 P a g e BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM Execution of a Land Use Restriction Agreement Staff recommended Board approval of Resolution 24-071 approving the transfer of ownership interest in Madison Cay Apartments and execution of a LURA; and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote E. HUMAN RESOURCES 1. FY24 Compensation & Classification Study Implementation for BOCC Employees Staff recommended approval and implementation of the proposed changes identified in the FY24 Compensation & Classification Study by Evergreen Solutions, LLC. Adopted by Consent Vote F. PARKS, RECREATION & FACILITIES 1. Bid Award No. 24-014 - Frederick Douglass Memorial Park Paving Improvements Staff recommended Board of approval to award Bid No. 24-014 to Sunshine Land Design, Inc. of Stuart, Florida, in the amount of $588,022.00 and authorize the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote G. PORT, INLET & BEACHES 1. ADG Engineering, LLC - Bond Release Staff recommended Board approval of the release of surety bond in the amount of $1,009,584.17. Adopted by Consent Vote H. PUBLIC UTILITIES 1. Contract Amendment - CityBase Cashiering Staff recommended Board approval of the CityBase contact amendment to include the cashiering solution and permission for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote I. PLANNING & DEVELOPMENT SERVICES 1. Resolution No. 2024-67- Amending the Schedule of Fees to Cover the Costs of Technical and Administrative Activities Staff recommended the Board adopt the draft resolution and authorize the Chair to sign the 6 1 P a g e BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM resolution. Adopted by Consent Vote 2. Request to Contract with Alfred Benesch & Company to Complete the St. Lucie County Expanded Urban Services Boundary Transportation Plan Staff recommended Board approval to contract with Alfred Benesch & Company to complete the County's Expanded Urban Services Boundary Transportation Plan and allow the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Traffic Impact Study Waiver Request for A-Z Storage Facility Staff recommended approval of the requested Transportation Impact Study Waiver for the proposed Site Plan, A-Z Storage Facility, allowing the Site Plan review to proceed with a Traffic Impact Statement and an intersection signal report for the intersection of US 1 and Business Park Drive. Adopted by Consent Vote 4. Amending Resolution No.13-196 to allow for the approval of a Private Provider Fee for Building Plan Review and Inspection Services - This item was unanimously approved on the 3/22/2024 Agenda, however, the Exhibit attached to the Resolution included an error. Staff recommended the Board approve the resolution to reduce permit and plan review fees for users of private providers by a 25% reduction of the established fee and authorize the Chair to sign the resolution as approved by the County Attorney. Adopted by Consent Vote 10. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES 1. 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: Commissioner Jamie Fowler - Spoke with staff, the applicant, and residents. Commissioner Linda Bartz - Spoke with staff, the applicant, and emails from residents. Commissioner Larry Leet- Spoke with the applicant. Commissioner Chris Dzadovsky - Spoke with staff and the applicant. Chair Cathy Townsend - Spoke with staff, the applicant, the WGI representative, neighborhood meetings, and residents. 7 BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM Tahir Curry, Associate Planner, and Kori Benton, Planning Manager of Planning & Development Services presented the request from WGI, Inc., on behalf of Beacon One Holdings, LLC, petition for an amendment to the official zoning atlas change to the 19.44-acre site from Residential Single-Family-4 to a Planned Unit Development with associated preliminary PUD site plan. The site plan will be known as Sabal Palm Grove Planned Unit Development and is located at the southeast corner of Emerson Avenue and Deland Avenue. Notices were sent out on March 21, 2024, and published in the St. Lucie Tribune, 77 letters were sent to property owners within 500 ft. of the petitioned site and signs were posted. One response was received not in favor. This item was originally presented to the Board on January 9, 2024. The updated petition proposes a 61 single-family lot platted subdivision with associated site improvements located inside the Urban Service Boundary (USB), with central water and sewer services proposed via St. Lucie County Utilities. As previously proposed, the project called for 89 townhomes. The project will provide a stormwater management tract totaling 2.78 acres and an entrance on Deland Avenue and Lee Boulevard. The site will feature a linear park fronting Deland Avenue and Lee Boulevard. The lot size will vary from 47 to 65 ft. in width and the length will be 110 ft. The smaller lots will be 47 ft in width and the larger lot will be 65 ft. The homes will be following the Residential Single -Family — 4 (RS-4) setbacks with some deviation. Deviation to the side corner setback to 15 ft. and a 50% lot coverage due to the smaller scale of lots in comparison to the RS-4 Zoning District. The plan provides for a 61 single-family lot residential subdivision with a variety of single -story and two-story homes, with a 2-car garage. The Sabal Palm Grove PUD will be a non -gated community with a street network design with open space elements. The proposed project meets the required 35% open space, maintaining 36% or 6.10 acres of open space. A linear park will be implemented into the site plan that would stretch along roadways and provide much - needed greenery. A percentage of the existing trees on site will be relocated within the linear park. The Water & wastewater services will be provided by St. Lucie County Utilities. The project is designed to create a strategic, yet aesthetic, buffer between the residential neighborhood and the adjacent Emerson Avenue, Deland Avenue, and Lee Boulevard rights -of -way. The applicant will be donating 15 ft. of right-of-way for Deland Avenue, 35 ft. for Lee Boulevard, 35 ft. for a future roadway, and 27 ft along Emerson Avenue. The applicant will be required to provide an updated traffic analysis based on the decrease in density of 61 dwelling units. Emerson Avenue is anticipated to be resurfaced with 10 ft. sidewalks installed as a project along Indrio Road south, and north to 25th street approximately 2.5 miles stopping at the Indian River Drive County line which is anticipated to begin October 2024 and completed September 2025 through the Florida Department of Transportation. Community meetings were held at the Lakewood Park POA Village Hall in October 2023, January, and February 2024 which contributed to the plan being updated based on the community input and the Board. 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 of County Commissioners approve the Rezoning & Preliminary Site Plan, subject to the following conditions (summary): • Convey to St. Lucie County 15 feet of right-of-way for Deland Avenue, 35 feet for Lee Blvd, 35 feet for a future roadway to the south (Wintergarden Pkwy), and twenty-seven (27) feet along Emerson Avenue. • A Site Development Permit is required. 8 1 P a g e BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM • A final plat must be approved by the Board of County Commissioners. • For plat approval prior to the completion of required improvements, a Subdivision Improvement Agreement and appropriate bonding are required. • The Final (Major) Site Plan shall: a. Include a Traffic Impact Report b. Site Lighting, verifying no direct light spillover to adjacent single-family residences. c. Seek the relocation of the existing trees on -site to the proposed linear park. d. Demonstrate a school bus shelter on the site plan. e. Provide typical lot dimensions and conceptual home designs. • Prior to Final Site Plan approval, finalize the tree mitigation plan. • A formal wetland jurisdictional determination or Environmental Resource Permit (ERP) shall be provided. • Prior to the commencement of development, a listed species survey (e.g., gopher tortoise, crested caracara, etc.) shall be provided/updated. • 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. • Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. Jerrod Purser, WGI Representative, provided and reiterated the staff's presentation and provided a brief overview of the site plans and adjustments. The Sabal Palm Grove application requested to rezone the subject property to a Planned Unit Development and gain approval of the preliminary site plan for single- family lots. Several recommendations were made regarding the townhomes and the overall development, and the compatibility with those recommendations in the latest plan. The applicant incorporated recommendations to remove walls and open the neighborhood to Lakewood Park. The vehicular gates were removed, and the density was reduced from 5 dwelling units per acre to 4 dwelling units per acre, which was permitted on -site. The latest plan proposed 3.13 units per acre, which is below the 4 units per acre. He addressed the drainage concerns and the requirements to improve drainage for the site and surrounding area. The existing community has larger lot sizes, and the development provides a variety of lot sizes with the largest along Deland Avenue and Lee Boulevard adjacent to the neighbors. The architecture will be compatible with the existing community with one/two-story homes. Trees will be preserved and relocated to extend the site. The proposed linear park feature will allow the preservation and relocation of additional trees and palms on the site as well. The revised single-family plan includes one large lake at least 60 ft. wide and a linear park feature to control stormwater and preserve trees, providing a safe space for residents and the surrounding community to walk and play. The linear park will be along Deland Avenue and Lee Boulevard. Future improvements will have dedications on all four sides, including Wintergarden Parkway in the south of the County extending that road to Emerson Avenue. There will be a pathway between Lee Boulevard and Emerson Avenue for use by the surrounding community. Mr. Purser highlighted new community features with a winding pathway shaded by trees, benches, and a gazebo. Adam Schildmeier WGI Representative, addressed the Board and discussed drainage conditions of the existing site, emphasizing the importance of evaluating pipe crossings and addressing flow impacts. The redesigned drainage system should regulate flow and reduce impact on surrounding areas. The stormwater 9 1 P a g e BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM discharge will be directed to the surrounding ditch on Deland Avenue and Lee Boulevard in a controlled manner, at a much slower rate. Jerrod and Adam mentioned community will provide homeownership opportunities for residents within St. Lucie County, drainage improvements for the subject site and surrounding area, right-of-way dedications for future improvements, and potential for utility connections to the Lakewood Park community. The applicant has reviewed and agrees to all conditions of approval. 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 commented on the current zoning of the project (RS-4), the right of way entrance/dedication, the linear park public access, amenities, drainage, stormwater, tree mitigation/preservation, water quality, setbacks for the front/backyard space, landscape buffering, architecture design standards, ditch/canal maintenance, environmental impacts (wildlife), lot sizes, gate elimination, piping structures for drainage, property lines, permitting, the feasibility of the grid pattern, backyard sizes/setbacks, Commissioner Fowler asked about the ingress/egress on Emerson Avenue and the reason access is not allowed. According to staff, approval from the Florida Department of Transportation is required because the access does not meet the 660 ft. width driveway requirement from the intersection of Deland Avenue and Emerson Avenue. It was relocated to Deland Avenue based on the Florida Department of Transportation requirements. The FDOT would not allow an entrance onto Emerson Avenue. Brian Arbeiter, Environmental Resources Senior Planner, and Brian Ingram, Environmental Planner commented on the environmental impacts, upland buffers around the lake, and individual requirements for tree plantings, tree mitigation/preservation, and wildlife reserve. Commissioner Dzadovsky asked about the size of the lots. Mr. Purser advised the lots are 110 ft. deep and range from 47-65 ft. wide. The backyard may range up to 60 ft wide. There will be extra space within the lots. No floor plan has been set for the homes as of yet but they will be within the minimum setbacks. Patrick Dayan, Public Works Director commented and updated the Board on the Lakewood Park drainage project. He advised the design of the Kings Highway drainage structure has been completed with the assistance of the FEMA grant. This has gone back to FEMA and they will review the cost for construction and determine if the cost -benefit analysis is there to move into Phase II of the construction funding. The staff is seeking to receive a 75% federal match. For the record, he mentioned the proposed development land area is located outside of the platted Lakewood Park area. As a result, it does not drain through the Lakewood Park system, but instead, it drains to the west into Emerson Avenue as indicated by the project engineer. It is not commingled with the Lakewood Park drainage system. The Board did not have any further questions or comments on this item. 10 1 P a g BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM A motion was made to approve staff recommendations with conditions as written, and upon roll call, it passed (4) to (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 2. Comprehensive Plan Text Amendment - Lennar Homes Proposal to Amend the Towns, Villages & Countryside (TVC) Element - The applicant has requested a continuance to the May 7, 2024, Board of County Commissioners Meeting. Kori Benton, Planning & Development Services Planning Manager, presented to the Board the proposed continuation of the comprehensive plan text amendment from Lennar Homes for continuation. The TVC development standards include the preservation of open space for agriculture, natural habitat, or recreation, the creation of flowways for stormwater, the provision of community amenities and transportation facilities, as well as procedures to increase density through the transfer of development rights. Staff recommended the Board grant the request for a continuance to the May 7, 2024, Board of County Commissioners Meeting. 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 the changes made by the developer based on public opinion and cooperation to make adjustments to make the TVC better. The Board did not have any further questions or comments on this item. A motion was made to approve the staff recommendation to continue the item to May 7, 2024, Regular Meeting Agenda, at 6:00 pm or soon thereafter, and 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 3. Land Development Code Text Amendment - Lennar Homes Proposal to Amend the Towns, Villages & Countryside (TVC) Overlay - The applicant has requested a continuance to the May 7, 2024, Board of 111 Page BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM County Commissioners Meeting. Kori Benton, Planning & Development Services Planning Manager, presented to the Board the proposed continuation of the land development code text amendment from Lennar Homes for continuation. This petition by Lennar Homes to amend the Land Development Code is the companion application to its petition to amend the TVC Element of the Comprehensive Plan. Staff recommended the Board grant the request for a continuance to the May 7, 2024, Board of County Commissioners Meeting. 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 the staff recommendation to continue the item to May 7, 2024, Regular Meeting Agenda, at 6:00 pm or soon thereafter, 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 4. Land Development Code (LDC) Text Amendment - Bedner Farms Petition to Amend the Towns, Villages and Countryside Zoning Overlay Guidelines Irene Szedlmayer, a Senior Planner from Planning & Development Services, presented the proposed amendment to the County's land development code for the Towns, Village, Countryside (TVC) area for the second reading to the Board. The item was properly noticed in the local newspaper on March 21, 2024. The amendment is to support the Bednar Farms preliminary site plan design for approximately 177 acres to provide for specific lot types that are not currently permitted in the Planned Retail Workplace (PRW) Zoning District and to reduce or eliminate the disfavor of front -loaded residential driveways and garages in the TVC Overlay Zone. The proposed general applicable standards apply to four areas, including highway service and warehouse retail lot types. The roadways within TVC now include public right-of-way, alleys in the PRW Zoning District, and residential garages and driveways. In a prior public hearing on March 5, 2024, several ideas were expressed, including that the garages and garage doors should be large enough to park multiple vehicles, large vehicles, and possibly commercial vans. Staff mentioned the long-term desirability of residential neighborhoods dominated by garage scapes. Currently, the TVC allows 30 ft. cottage lots and requires residential parking to be in the rear. Staff and the applicant have discussed the proposed amendments, and they have come to a mutual agreement that the total width of the garage doors should not exceed 50%. However, there is a concern about the measurement of percentage, whether it should be based on the width of the house or lot. The main issue concerns the 40-foot-wide lot and the 30-foot-wide 12 1 P a g BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM house. By measuring the length of the house, it can be concluded that only a 1-car garage can accommodate 50% of the house's length. However, if the measurement is based on the lot, a 2-car garage can be accommodated. The proposed amendment to the Land Development Code Section 4.04.04, garages and driveways states: 1. Garages shall not exceed 50% of the width of the front elevation or lot width. 2. But, up to 20% of dwellings may have a garage and up to 60% of front elevation or lot width. 3. Driveway width shall not exceed 20 feet where it meets the sidewalk, or 50% of lot width, whichever is smaller. Staff recommended that the Board adopt the proposed ordinance as recommended by staff. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. • Johnette Beaver With no one else wishing to address the Board, Chair Townsend closed the public hearing. Bradley J. Currie, Engineering, Design & Construction, Inc. advised the applicant has no issues with the text amendment as proposed. They will be requesting design relief as a part of the PUD design application and will be requesting to modify the text as part of their conditions of approval for the PUD, as presented within this hearing and they have no issues with the text amendment. They are crafting a Planned Retail Workplace (PRW) specific to the project that will be requesting design relief which is allowed as a part of the proposed text amendment if approved. They will come back before the Board for final site plan approval. Commissioner Leet commented on the garage lengths. The Board did not have any further questions or comments on this item. A motion was made to approve statt recommendations, and upon roll call it passed unanimous RESULT: APPROVE 2ND READING 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. Bedner Farms Rezone to PRW (Planned Retail/Workplace) and Regulating Plan & Preliminary Development Plan - 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 and the applicant. Commissioner Linda Bartz - Spoke with staff and the applicant. Commissioner Larry Leet- Spoke with staff and the applicant. 131Page BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM Commissioner Chris Dzadovsky - Spoke with staff, Brad Currie, Kara Wood, Brent Madden, Dean, Jennifer Morton, the applicant, and representatives. Chair Cathy Townsend - Spoke with staff, Brad Currie, Kara Wood, Brent Madden, Dean, Jennifer Morton, the applicant, and representatives. Irene Szedlmayer, Senior Planner, and Kori Benton, Planning Manager of Planning & Development Services Planning, presented to the Board the proposed rezoning from Agricultural-1 (AG-1) to the Bednar Farms requested Planned Retail/Workplace (PRW) Zoning District and the preliminary regulating plan. This proposal is a continuance from the March 5, 2024, public hearing with issues regarding open space, access and connectivity, flowway, and streetscapes. Following public notice requirements, the item was re - advertised with a notice in the local newspaper and an updated sign on the property. The Planned Retail Workplace (PRW) is a specialized zoning district to accommodate retail or workplace land uses outside a town or village, in a manner consistent with the goals, objectives & policies of the TVC Element. The 177.6- acre Bedner Farms site is located adjacent to Indrio Road and the 1-95 interchange, and the land is in the TVC Overlay, within the Urban Services Boundary. Before the adoption of the TVC Overlay, the property was in the Mixed -Use Development Future Land Use Category and eligible for up to 9 dwelling units per acre on some land area and up to 5 dwelling units per acre on the remainder. Since March, the plan has been revised to provide more open space which has increased by 3.65 acres with 1.5 acres in the Northwest Neighborhood. In the Eastern Neighborhood, the non -lake open space has been increased from 1.49 acres to 3.16 acres The open space plan for the Commercial Center has been revised and proposes 1.53 acres of a green and pedestrian path along the northern border with Spanish Lakes Boulevard. The number of dwelling units in the Northwest Neighborhood was reduced from 310 to 305; the number of 30-ft. wide lots was reduced from 190 to 180; and the number of multifamily units increased from 436 to 451. The proposal still consists of 154 townhomes with no changes and the number of apartments has increased by 15, overall the total dwelling units for the development is the same. The proposed project is well-connected to the existing roadways. Staff is still requesting that vehicular connectivity be provided between the southeast and northeast of the neighborhood to allow residents access to the roundabout. The connectivity is necessary to support a variety of vehicular movements, including access for vehicles leaving the southeast neighborhood to travel south on Koblegard Road to directly access the roundabout at Spanish Lakes Boulevard rather than travel north on Koblegard to use the roundabout to make a U-turn. For the TVC street interconnectivity, staff has advocated for street connectivity between the Multifamily Neighborhood in the southeast and the Townhouse and Small Lot Single-family Neighborhood in the northeast. If the right -in -only access from Indrio into the Commercial Center is denied by FDOT, this access to the Commercial Center from Koblegard Road might be more challenging with the increase in trip volume on Koblegard. County staff are concerned about the potential conflict between the required queuing on Koblegard Road for the southbound left turn lane eastbound on Indrio Road and the northbound left turn lane westbound into the Commercial Center. Staff mentioned the adjustments to the flow way and advised the recommendations are not being withdrawn. The revised plan made no change to the proposed stormwater lakes in the northwest neighborhood or the Commercial Center. The proposed amendment to the land development code restricts the width of garage doors to 50% of the dwelling width and 20% of the lots can have a garage door that is equal to 60% of the house width. The applicant is requesting relief from the requirement that 50% of the 25-ft. wide houses on the 30-ft. wide lot be permitted to have garage doors 14 1 BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM that equal 60% of the dwelling width. The staff does not support the request. Staff recommended approval subject to the following conditions: 1. Left into Commercial Driveway from Koblegard, with monitoring commitment & removal potential; 2. Vehicular connection between southeast and northeast neighborhoods; 3. Allowance for future roadway connection to the east; 4. Allowance for cross -access with Commercial General (CG) property; 5. Provision of walkways along stormwater basins in the commercial center and eastern neighborhoods; 6. No more than 20% of 30-ft lots may have garage doors equal to 60% of the dwelling width; 7. Various Development Plan notes to be cleaned up; 8. Accommodation of public transit stops and school bus stops; and 9. Identification of hybrid street type for Northwest Neighborhood to acknowledge driveway crossings. Condition of Approval #1— Detailed The northbound left turn lane into the commercial development is approved with the following conditions: 1. The applicant shall provide 12 ft. of additional Right -of -Way (ROW) on the west side of Koblegard for a distance of 350 ft. from Indrio Road north. This additional ROW will allow for future revisions to the intersection if needed. 2. The applicant shall continue to work with FDOT to provide the right -in entrance driveway west of Koblegard until a formal decision is made. The applicant shall monitor the intersections of the Driveway and Koblegard and Indrio and Koblegard by counting actual volumes and crash data at both intersections 12 months after any development on the commercial parcel receives a certificate of occupancy and continuing to count every two years for four more years after final buildout. If there is a need to provide additional storage on Koblegard between the driveway and Indrio Road, improve operating level of service, or a safety concern is identified, the applicant will be required to do one or more of the following at the County's sole discretion: a. Eliminate westbound left -turn movement from the east leg of the driveway intersection serving the apartments east of Koblegard. b. Provide additional storage along Koblegard using the additional 12 feet of right of way. c. Remove the northbound left turn movement into the commercial parcel from Koblegard Road. 4. At the County's sole discretion, the northbound left turn to the commercial parcel from Koblegard Rd. may be removed by the County or another party based on traffic or safety concerns. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. • Gustavo Lumer With no one else wishing to address the Board, Chair Townsend closed the public hearing. Brad Currie, Engineering Design & Construction on behalf of the applicant addressed the Board regarding the conditions of approval. He commented on the staff's presentation and clarified garage door sizes, density, and units in the development plan. The applicant agreed to the design alternatives to provide two 151Page BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM separate doors the garage doors will be two 8-ft. doors 16-ft. overall. They are not requesting an increase in density and intensity over the TVC allowable on the property. He mentioned that each property will have at least a single -car garage and driveway parking space, on/off-street parking, and more two -car garages. He expressed concern with staff's comments on the project, feeling they are unfairly impacted by nearby projects and the conditions regarding the left turn. Mr. Currie proposed an alternative solution for access improvements on Spanish Lakes Boulevard by adding a right -turn lane to address staff's concerns. He highlighted some of the changes to the conditions regarding the left end of the property. The applicant will donate 12-ft. and will provide monitoring as outlined in the staff's proposal. If a problem occurs they will remove the left -out of the multi -family, but they cannot remove the left -end to the commercial. Mr. Currie presented 2 different plans (Option A) (Option B) to the Board regarding the increase in open space and requested the selection of one of the options be included in the motion for approval of the proposed project. • Option A - Small pocket parks along the northern property line (26.8% open space). • Option B - Larger open space along the northern property line (26.9% open space). He expressed concerns regarding the condition of approval for access on Spanish Lakes Boulevard, he advised the commercial portion of the property relies on the left turn and the applicant does not have a project if it is not allowed. He requested that condition not to be adopted. Mr. Currie discussed the application process and the next steps including the final Planned Retail/Workplace (PRW) site plan, the plat application, and the site development application if the PUD rezone is approved. Chair Townsend and the Board addressed the applicant's concern regarding the left turn into the commercial parcel from Koblegard and upon discussion agreed to support the left turn. Chair Townsend directed the staff to strike the removal of the northbound left turn lane, with the right-of-way protection on the southern portion the Board has agreed to allow. Daniel Zrallack, County Engineer, commented and provided an overview of the TVC roadway network on the right -a -way protection map regarding road extensions. He advised Koblegard has been straightened out and the east/west portions as discussed are consistent with the TVC but stop at Johnston Road except Russos Road. Commissioner Leet questioned the possibility of a roundabout at the left turn to keep the traffic flowing. Staff advised that the roundabout may be an option for safer access for pedestrians to move from residential to commercial along with traffic flow. Patrick Dayan, Public Works Director, and Grant Chambers, Senior Project Engineer addressed the Board and advised they researched the details regarding the concept of having two roundabouts. There are challenges and concerns regarding the spacing and location. Based on the traffic flow it may be a 2-lane roundabout to allow right turns and through movements without slowing down the left turn movements. Traffic consultants did identify it as an option. During, the discussion of staff conditions of approval, Mr. Currie/applicant requested the following changes to the outlined conditions within the staff report of the drafted resolution: 161Page BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM The applicants proposed changes of staff rezone conditions of approval: Bednar Farms will provide a driveway to serve the commercial development west of Koblegard. Bednar Farms will provide a northbound left turn lane driveway to serve the commercial parcel. The applicant has proposed a right into the development from Indrio Road that is under review by the FDOT. As provided summarizes the driveway volumes reassigned to reflect the condition if the right -in driveway on Indrio Road is not permitted. The analysis of the reassigned volumes demonstrates that the northbound left will still operate at acceptable levels the queues will not be extending into the Indrio Road/ Koblegard intersection and the Indrio Road/ Koblegard queues will not extend into the driveway intersection. #1 Deleted and revised as noted below The northbound left turn lane into the commercial development is approved with the following conditions: a. The applicant shall provide 12 feet of additional right of way on the west side of Koblegard for a distance of 350 feet for Indrio Road north. This additional right of way will allow for future revisions to the intersection if needed. b. The applicant shall continue to work with FDOT to provide the right in the driveway west of Koblegard until a formal decision is made. c. The applicant shall monitor the intersection of the Driveway and Koblegard and Indrio and Koblegard by counting the actual volumes at both intersections 12 months after the commercial parcel is open to development and continuing to count every two years for four more years. If there is a need to provide additional storage on Koblegard between the driveway and Indrio Road or improve the operating level of service, the applicant will be required to do one or both of the following: a. eliminate the westbound left turn movement from the east leg of the driveway intersection serving the apartments east of Koblegard and/ or b. provide additional storage along Koblegard using the additional 12 feet of right-of-way *Staff advised with the inclusion of activating the roundabout design option upon integration. #2 Deleted and revised as noted below: The Preliminary Development Plan for the Eastern Neighborhood shall be revised to provide for: a. Pedestrian connection between the southern and northern neighborhoods; b. The PNRD Final Site Plan shall reserve cross access to the abutting property to the northeast, subject to a mutual cross -party agreement which may include construction, maintenance, and use, to ensure access point consolidation. #3 Deleted and revised as noted below: The Preliminary Development Plan shall be revised to provide an amount of open space as determined by the Board of County Commissioners, a pedestrian path along the eastern shore of the 6.18-acre lake in the Commercial Center, a pedestrian path along at least one side of the two lakes in the Eastern Neighborhood, #4 Deleted and revised as noted below: The Preliminary Development Plan shall be revised to provide that the total width of garage doors on the font -loaded garages on the 30-ft lots shall not exceed 50% of the lot width, but that up to 50% of the 30-ft wide lots may have garage doors on the width of which does not exceed 60% of the lot width (does not exceed 18 feet). 17 1 BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM #5 Deleted and revised as noted below: The Preliminary Development Plan shall be revised to provide that the total width of garage doors on the font -loaded garages on the 40-ft lots shall not exceed 54%of the dwelling width (does not exceed 16 feet). #6 The applicant acknowledges conditions #6 (a,b,c,e) and requests to delete and completely remove condition (6d) with no replacement. #7 The applicant acknowledges the condition The Board discussed garage door sizes, interconnection of the roadway and right-of-way, and roundabout for the left turn into the commercial area to improve traffic flow and pedestrian safety, stacking space, grid process, sidewalks, open space, and road exertions and connectivity. The Board did not have any further questions or comments on this item. A motion was made to approve based on the recommendations of the Board and conditions as stated, including (Option A) small pocket parks along the northern property line (26.8% open space), and upon roll Ldll IL Pd.'JJCU UIId111111VUJIV• 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 EXCUSED: None 6. Property Owner Initiated Historic Designation of Property located at 6701 Indrio Road, Fort Pierce, FL - THIS ITEM IS QUASI-JUDICIAL Item presented in conjunction with 10.A.7. This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Jamie Fowler - Spoke with staff and the applicants. Commissioner Linda Bartz - Spoke with the staff and the applicants. Commissioner Larry Leet- Spoke with the applicants Janie Baugh and Dennis Jurkiewicz. Commissioner Chris Dzadovsky - Spoke with staff and the applicants. Chair Cathy Townsend - Spoke with staff and the applicants. Kori Benton, Planning & Development Services Planning Manager presented to the Board the joint Historic Designation request of the property owners and the County Historical Commission for the property located at 6701 Indrio Road, known as the Edwin Binney Estate, also known as Florindia. The site, estimated at 5.35 acres, is on the south side of Indrio Road between North Kings Highway and Taylor Dairy Road. Janie Baugh and Dennis Jurkiewicz own the property. The item is presented in conjunction with agenda item 10. A.7., and both parallel requests were properly noticed in the local newspaper, with a display ad, certified mailers 18 1 P a g BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM sent to property owners within 1000 ft. of the property, and a statement placed on the property advising under designation consideration. Two public hearings have been held in recommendation for approval. In September 2023 the County received a letter from the Port St. Lucie Historical Society and the property owners referring to the subject property being designated on the County's local register of historically significant sites. The primary structure, a residence constructed circa 1919, is an irregular, two-story building designed with a hollow clay tile structural system that rests on a continuous brick foundation. The property also includes an original wood frame barn, a second smaller historic Frame Vernacular residence, and a decorative stucco property wall. Many of the original windows have been replaced with non -original aluminum windows, but many of the features of the property have been maintained and preserved over time. The Land Development Code 4.11.06. Criteria A.1 establishes criteria when considering locally significant sites, architectural and aesthetic significance, founded by the County Historic Resources Survey to be eligible for designation on the local registry. There are no specific zoning concessions or district modifications deemed necessary to preserve the property in its current state and with the existing structures and their spatial relations, or height. In the future, the applicants will have the ability to petition a zoning change, infill, or alterations to the structures subject to this petition. However, staff and those improvements will be guiding compliance with the Secretary of Interior standards for treatments of historic structures to preserve the original materials and features such as doors, roof materials, and wall fabric that cannot be preserved but replaced with an identical type of feature. The St. Lucie County Historical Commission held public hearings to evaluate the Designation Reports for the Edwin Binney Estate corresponding with requests by the St. Lucie County Historical Commission and by the owners. The Commission passed unanimous motions to recommend approval of the designation requests. Staff recommended the Board authorize the designation requests, approving Resolutions 2024-72 and 2024-74, and authorizing the Chair to sign documents as approved by the County Attorney. Staff advised if it is determined that acting on one resolution would make the second resolution moot, staff will investigate the history of the Commission's actions and include them in the referral letter. The two resolutions may be combined into one resolution but at the Board's discretion. Chair Townsend inquired about the windows that have been replaced which are not original affect the historical value. Staff advised they can be supported in their replacement as long as it essentially mimics or maintains the design and overall appearance of the non -original windows as displayed for the primary structure. They would first seek for the originals to be preserved or rehabilitated to the greatest extent to be retained and if not the replacement must mimic the original to maintain the original design. There will be restrictions. Commissioner Dzadovsky asked if the suggested commercial use of the property does affect the historic preservation component. Staff advised the applicant would be able to pursue a conditional use independent zoning district to pursue a bed and breakfast and some limited events that are appropriate and compatible. The applicant Janie Baugh commented and advised they still have the original windows except for two that can be restored for usage and replacement. Staff advised for historical preservation purposes they can be used. 19 1 P a g BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. • Janie Baugh • Johnette Beaver With no one else wishing to address the Board, Chair Townsend closed the public hearing. The Board did not have any further questions or comments on this item. H IIIULIUII VVdJ IIIdUC LU CIPPIUVc -JLCIII ICL.UIIIIIICIIUdLIUIIJ, dIIU IL Pd.-JJCU UIIdIIIIIIuU.-iIy. 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 7. Historical Commission Initiated Historic Designation of Property located at 6701 Indrio Road, Fort Pierce, FL - THIS ITEM IS QUASI-JUDICIAL Item presented in conjunction with 10. A.6. This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Jamie Fowler - Spoke with staff and applicants. Commissioner Linda Bartz - Spoke with staff and applicants. Commissioner Larry Leet- Spoke with staff and applicants. Commissioner Chris Dzadovsky - Spoke with staff and applicants. Chair Cathy Townsend - Spoke with staff and applicants. Kori Benton, Planning & Development Services Planning Manager, presented to the Board the joint Historic Designation request of the property owners and the County Historical Commission for the property located at 6701 Indrio Road, known as the Edwin Binney Estate, also known as Florindia. The item is presented in conjunction with agenda item 10. A.6., with separate votes, both parallel requests were properly noticed in the local newspaper, with a display ad, certified mailers sent to property owners within 1000 ft. of the property, and a statement placed on the property advising under designation consideration. Staff recommended the Board authorize the designation request, approving Resolution 2024-72 and 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. 20 1 P a g BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM 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 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None 4110 1 ►= B. PUBLIC WORKS 1. County Initiated Comprehensive Plan Amendment Update to the Transportation Element Map Series Adoption Hearing Patrick Dayan, Public Works Director, and Daniel Zrallack, County Engineer, presented to the Board the staff - initiated comprehensive plan amendment. Following public notice requirements this item was advertised as required. In September 2023 the Planning and Zoning Commission voted unanimously to recommend approval of the Comprehensive Plan Amendment to the Board. On November 7, 2023, the Board unanimously approved the transmittal of the Comprehensive Plan Amendment to the Florida Department of Commerce. A letter was received 5 weeks later in which they did not have any comments from the Florida Department of Commerce, Regional Planning Council, or Fish and Wildlife but comments were received from The Florida Department of Transportation. The Comprehensive Plan as required by Florida Statutes is to be updated every 7 years and the next evaluation and appraisal report is coming up in 2025. The Urban Service Boundary Area has been expanded due to the growth within the area particularly in the southwest areas, including the annexation portions of the City of Port St. Lucie. In 2022, the County established the new Urban Service Boundary, focusing on the areas within and to the west of the city limits and established planning areas for future consideration. Upon the expansion new development interests have increased including Oak Ridge ranches with 8,600 dwelling units and 856,000 s.f. of commercial space and M Ranch Mine receiving a conditional use approval. Depending on the future density of that area staff is proposing the extension of Western corridors in the future. Several parks/preserves emerge, in the western boundary with the planning of roadway corridors that align with Minute Maid Road and Summerlin Road. This was used by staff to determine the extent of roadway planning. Also, FPL has expanded its solar network substantially in partnership with the County. The purpose of the Transportation Element is to plan for a coordinated, multi -modal transportation system for the movement of people and goods within St. Lucie County now and in the future. Since that time, significant growth has occurred and development activity has accelerated, advancing the need to plan for future corridors to serve the needs of the growing population. There is a set of comprehensive plan transportation maps consisting of 7 maps. These maps show both current and future conditions and identify specific elements of interest to inform stakeholders. The proposed map amendments include the following Comprehensive Plan Map Series exhibits: • Map: TRN-1— Existing Number of Lanes Map - Updates any new lane configurations such as recent changes to Midway Road. 211 Page BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM • Map: TRN-2 — Future Number of Lanes Map - Changes to the future lanes adding supplemental East/West corridors and extending certain roadways south and north of SR70. • Map: TRN-3 — Existing Functional Classification Map - Functional classification is primarily set by the County, and dictates how the roadway is intended to be used (minor/major; collector/arterial). • Map: TRN-4 — Existing Level of Service Map - Level of Service is determined any new planned corridor will have to await transportation modeling to have a deterministic LOS assigned. • Map: TRN-5 — Future Level of Service Map - Level of Service is determined any new planned corridor will have to await transportation modeling to have a deterministic LOS assigned. • Map: TRN-6 — Existing Bike Lanes Map - An updated map with currently existing information from the TPO. • Map: TRN-7 — Future Bike Lanes Map - -Matches the TPO data for future bike lane projects. Staff recommended the Board approve the adoption of the proposed comprehensive plan amendment, via draft Ordinance 2024-13, and authorize 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. Commissioner Leet commented on the Koblegard Road redesign and traffic impacts due to the increase in population within the area. 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 2 Larry Leet SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 2. County Initiated Land Development Code Text Amendment to update the Thoroughfare Network Right of Way Protection Plan (ROWPM), and update Traffic Impact Report standards - ADOPTION HEARING Daniel Zrallack, County Engineer, and Patrick Dayan, Public Works Director presented to the Board the proposed land development code text amendment updating the thoroughfare network Right -Of -Way Protection Map (ROWPM) and traffic impact. The requested update is driven by the County's recent expansion of the Urban Service Boundary in 2022 in response to the growing population with a requirement for a reassessment of the County's transportation corridors to establish future planning areas. The text will update the following land development codes in Section 7.05.10: Establishes Internal Capture Standards for Traffic Impact Studies; Section 7.06.02: Removes County website and PDS as standards for parking generation; and Section 11.02.09: Simplifies Reporting Thresholds and References Standards for Traffic Impact Studies (SLC TPO). The idea is to provide consistent, well -documented, and cohesive information for development applications. In addition, the staff is requesting an increase in the allowable distance for the adjustments for roadways on the ROWPM to allow for flexibility. The ROWPM is a planning -level document 22 1 P a g BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM and is not intended as a precision instrument. Within the code, sec 7.05.03, Rights -of -Way Determinations and Dedications, Improvements contain the requirements for the County to initiate and update Right -Of - Way corridor protection in staff reports. Gridlock is bad for both residents and businesses. East-West movement is critical to reaching the Turnpike and 1-95, particularly with coastal events Right -Of -Way Protection Map (ROWPM) informs staff on set asides during Land Development Code applications and the widths are based on the future ultimate number of lanes. The Right -Of -Way Protection plan is a tool for long-range transportation planning, guiding development applications to set aside roadways for future needs. The plan does not require the County to construct all corridors but rather allows flexibility based on the pace and nature of growth dictated by the comp plan. The ROWPM is tied to the comprehensive plan based on high-level future aspects. The map is required to be updated every 2 years as noted in the comprehensive plan and land development code, and follow the ROWPM to maintain consistency. Staff provided the Board with an overview of 2010 adopted Right -Of -Way Protection Map (ROWPM) and the proposed map. Staff previously described each of the changes that have been proposed to the ROWPM from the adopted version in 2010. Based upon staff analysis contained in the memorandum provided to the Board and within the staff report, the proposed text amendment is consistent with the general purpose, goals, objectives, and standards of this Code, and the Comprehensive Plan. The proposed amendment has met the standards of review in LDC Section 11.06.03. Staff recommended the Board approve the Land Development Code text amendment. Commissioner Dzadovsky commented on the east/west corridors connected to Johnston Road and Koblegard Road. Upon discussion, the Board is supportive of extending the 2 east/west roads north of Indrio Road as shown on the TVC Map from the current western terminus of Johnston Road, west to Koblegard Road. 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. A motion was made to approve staff recommendations, with the additional dashed redlines on the Right -Of - Way Protection Map (ROWPM) along with the connectivity, and 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 11. REGULAR AGENDA /_W419111 Z 11 ro-A I to].] Z IWA 1. St. Lucie County Water and Sewer Utility District 23 1 P a g BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM Proposed Purchase of 90 Acres From Tropicana Manufacturing Company, Inc. For Wastewater Treatment Plant and Future Utility Purposes JoAnn Riley, Property Acquisition Manager, and Dan McIntyre, County Attorney, presented to the Board the proposed purchase of approximately 90 acres from Tropicana Manufacturing Company, Inc. The company has agreed to the sale of 2 parcels including a wastewater treatment plant, deep injection well, and ancillary facilities at St. Lucie County Water and Sewer Utility District for $24,500,000.00. Staff provided a map overview of the acreage and property for purchase. The Utility District retained Callaway & Price, Inc. and Boyle & Drake, Inc. to perform appraisals of the two parcels, which are available to be viewed in the Property Acquisition Division. The Utility District retained CDM Smith in October 2022 to assess the condition of the Tropicana wastewater treatment plant and ancillary facilities. They determined that the replacement cost of the plant and ancillary facilities net of depreciation was $11,112,000.00. The original cost net of depreciation was $5,810,000.00. Based on the replacement cost value determined by CDM Smith, the value of the land and plant facilities ranges from $24,762,000.00 to $26,812,000.00. A purchase and sale agreement was provided to the Board and a summary of the agreement is as follows: • Tropicana has agreed to sell its ownership interests in the following: o Property consisting of 90 acres +/- o Wastewater Treatment Plant, Deep Injection Well, and ancillary facilities The Agreement is subject to a due diligence period of 60 days after execution by the parties. During the due diligence period, the District and/or Property Acquisitions will contract to perform a Phase I environmental audit and possibly a Phase 11 environmental assessment, obtain a boundary survey of the 90 acres +/-, obtain a title insurance commitment, and update Engineering due diligence review of the facilities and environmental permits George Landry, the County Administrator, explained that the proposed purchase is in the best interest of the County. It would result in savings for the utilities and ratepayers, extend the life of the landfill, and reduce costs for the residents. Also, some of the landfill operations would be moved, which would create more space for the existing landfill. Mr. McIntyre commented on the financial impact and proposed for the funding to be utilized from the General Fund Reserves, which will be reimbursed by future Utility and Solid Waste Bonds. Also, potentially utilizing some of the American Rescue Plan Act (ARPA) Funding. Staff recommended that the Board approve the Purchase and Sale Agreement and authorize the Chair to sign the agreement as finally reviewed and approved by the County Attorney. Commissioner Dzadovsky commented on the purchase of the property, and savings to the County. 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 3 Linda Bartz 24 1 BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 2. Florida PACE Funding Agency, vs. State of Florida Circuit Civil Case No. 2022CA1562 - ADD ON Katherine Barbieri, Assistant County Attorney presented this item to the Board. The Florida PACE Funding Agency (FPFA) was created by Flagler County and the City of Kissimmee, in Florida. As a separate legal entity to administer a program according to section 163.08, Florida Statutes, under which local governments can fund certain improvements for residential and commercial energy conservation and efficiency through the levy of non -ad valorem assessment. On or about September 1, 2022, the Florida PACE Funding Agency filed a complaint for the validation of $5 billion in aggregate principal amount one time outstanding of the Florida PACE Funding Bonds. The only individuals noticed were the 2nd 9th and 7th Judicial State Attorneys, which were filed in Leon County. On October 6, 2022, the Court entered a Final Judgment authorizing the FPFA to issue the Bonds. St. Lucie County and St. Lucie County Sustainability District were not advised of those proceedings and were not a party to this case. On January 3, 2023, after the 30-day appeal period expired St. Lucie County received a letter from the Florida PACE Fund Agency asserting they were an independent authority to operate the PACE program within the County based upon the final judgment in the bond validation case and improper interpretations of relevant Florida Statutes. The notices were never published in St. Lucie County and the published notice made no mention that FPFA was seeking a collateral determination as its ability to operate independent of an interlocal agreement with St. Lucie County. In addition, St. Lucie County was not advised of the pending proceedings, was not served with a copy of the complaint, and did not have any knowledge of the validation proceeds until after the FPFA informed the County of the final judgment after the close of the appeal period. St. Lucie County demanded the FPFA to cease and desist, but they continued to operate. On or about October 4, 2023, St. Lucie County joined other counties and tax collectors to file a Motion for Relief from the final judgment entered by the Court on October 6, 2022. The motion argued that the counties have rights under Chapter 163 and home rule authority to regulate the operation of PACE programs within their jurisdictions. The motion stated the FPFA operation of a PACE program in the counties' jurisdiction is subject to the rights of the counties to require an interlocal agreement and compliance with the counties' duly adopted PACE -related requirements. The Florida PACE Funding Agency asserted that the counties' rights were foreclosed by the bond hearing the County had no notice of. On February 2, 2024, the Court in Leon County held a hearing on Motions for Relief from Final Judgment filed in this matter. St. Lucie County was represented by Matt Mandel of Weiss Serota Helfman Cole & Bierma. On March 19, 2024, the Court entered the "Order Denying Movants' Motions for Relief" from judgment. Staff mentioned there was a joint movants' group conference on March 25, 2024, and during the conference, it was discussed whether to appeal the Order. Several entities stated they are or will be recommending to their Board to appeal the decision. The attorney representing the County in the litigation has recommended that the County appeal the order. Staff provided a letter to the Board requesting authorization from the chair to sign to the governor in favor of SB 770 which will expand the consumer protections for Florida homeowners under PACE and provide clarification regarding the County's Home Rule Authority to regulate PACE within the County. Based on the recommendation of Mr. Mandel, staff recommended that the Board authorize the filing of a 25 1 BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM Notice of Appeal and authorize the Chair to sign the letter to the governor regarding State Bill 770 regarding residential Property Assessed Clean Energy (PACE). Mr. McIntyre commented and expressed concern about the effects on innocent property owners and contractors and advised the County will try to find ways to deal with the issues regarding the loans issued within the cities. There will be coordination with other entities and the Tax Collector for a plan. The Board commented on consumer protection for citizens. v motion was mace to aDDrove start recommencations, anc it Dassec unanimou 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 12. UPCOMING MEETINGS A. The Board of County Commissioners will hold an Informal meeting on Tuesday, April 16, 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, April 23, 2024, at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 13. ANNOUNCEMENTS A. The Public Safety staff will host a series of Community Preparedness Presentations to help residents better prepare for natural and man-made disasters. These short informational sessions will cover shelter information, special needs registration, disaster kits, and more. Presentations are scheduled for: • Tuesday, April 9 from 2 to 3 p.m. at Indian River State College's Pruitt Campus, 500 NW California Blvd., Port St. Lucie. • Tuesday, April 16 from 10:30 to 11:30 a.m. at the Zora Neale Hurston Branch, 3008 Avenue D, Fort Pierce • Tuesday, April 30 from 5:30 to 6:30 p.m. at the Susan B. Kilmer Library, 101 Melody Lane, Fort Pierce B. The Environmental Resources Department is gearing up for the 20th Anniversary of the St. Lucie Earth Day Festival to be hosted at the Oxbow Eco-Center on Saturday, April 20 from 10 am to 4 pm. The festival will 261Page BOCC Regular Meeting Tuesday, April 2, 2024 6:00 PM feature environmental and community -based exhibitors, vendors, and performers from all over the region sharing resources and entertainment. For more information visit www.StLucieEarthDay.com. 14. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 10:28 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. 27 1