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HomeMy WebLinkAboutMinutes 08.01.202391rc LUCE W49ft 11 L"C", P La©n BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting August 1, 2023 1. CALL TO ORDER Convened: 6:00 PM Adjourned: 10:14 PM 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 Katherine Barbieri, Assistant County Attorney III Benjamin Balcer, Planning & Development Services Director Kori Benton, Planning & Development Services Planning Manager JoAnn Riley, Property Acquisition Manager Thad Crowe, Planning & Development Services Senior Planner Daniel Zrallack, County Engineer Kori Benton, Planning & Development Services Planning Manager 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. 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 BOCC Regular Meeting Tuesday, August 1, 2023 6:00 PM NAYS: None EXCUSED: None 5. PRESENTATIONS There were no items scheduled. 6. PUBLIC COMMENT (excluding Public Hearing Items) Chair Townsend opened the meeting for public comment at this time. With no one wishing to address the Board, Chair Townsend closed public comment. 7. PROCLAMATIONS APPROVAL Item (9.C.4.) pulled from the Consent Agenda 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 Kendal Cunningham on behalf of her father, who thanked the Board and accepted the proclamation. I 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 8. APPROVAL OF MINUTES There were no items scheduled. 9. CONSENT AGENDA A motion was made to adopt the consent agenda excluding item 9.C.4., and it passed unanimous RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Larry Leet IAYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: I None I EXCUSED: None A. WARRANTS 1. Warrant Lists 41 - 42 Adopted by Consent Vote B. AIRPORT 1. Award of Bid No. 23-044, Airport Terminal and Airfield Generators 2 1 P a g e BOCC Regular Meeting Tuesday, August 1, 2023 6:00 PM Staff recommended to accept the bid by company Eau Gallie removing from the scope the installation of the Beacon Generator $347,406.59. Permission for the chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Work Authorization No. 03 Under Contract C20-03-341 with AECOM for Design to Reconfigure Taxiways C8 and B in the Amount of $165,038.53 Staff recommended approval of Work Authorization No. 3 under Contract C20-03-341 with AECOM in the amount of $165,038.53 and permission for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Florida Department of Transportation (FDOT) Public Transportation Grant Agreement (PTGA) G21359 Amendment #1 Airfield and Terminal Generator Shortfall $312,963.00. Staff recommended approving FDOT's Public Transportation Grant Agreement (PTGA) G21359 Amendment#1 FM 448095-1 Airfield and Terminal Generator shortfall for $312,963.00. Permission for the chair to sign documents as approved by the County Attorney. Adopted by Consent Vote C. COUNTY ATTORNEY 1. Resolution No. 2023-114 - Rename Aico Road to Alco Road The Property Acquisition Division received a request from Mr. Alex Brown to rename Aico Road to Alco Road. Aico Road is a County owned and maintained right-of-way. The ownership of Aico Road was transferred to St. Lucie County from the Florida Department of Transportation on February 6, 2001 by Resolution No. 2001-56. As part of the name changing process, all parcels that have frontage along the road need to be notified and approve the name change. Letters were sent to five landowners who own property along Aico Road. The County received three letters of no objection to the name change from Florida Power & Light Company, Bernard A. Egan Groves, Inc. and Shamrock Groves LLC. The remaining two property owners, Palm Way Investments LLC and Richard M. Carnell, Jr. (TR), never responded. St. Lucie County's Public Safety Department and Property Acquisition Division have reviewed, verified, and approved the street name change. Staff recommended the Board approve the renaming of Aico Road to Alco Road, authorize the Chair to sign the resolution, direct staff to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, and the St. Lucie County Sheriff and record the resolution in the public records of St. Lucie County, Florida. Adopted by Consent Vote 3 1 P a g E BOCC Regular Meeting Tuesday, August 1, 2023 6:00 PM 2. Jail Diversion Contract with New Horizons of the Treasure Coast for FY 22-23 Staff recommended the Board approval of an amendment to the contract for New Horizons to increase the contract amount by $60,000.00 through the current fiscal year ending on September 30, 2023. Adopted by Consent Vote 3. Request for the Chair to sign the Certificate of Participation for the 2022 Florida Department of Law Enforcement (FDLE) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Staff recommended that the Board approve the County's participation as the coordinating unit of government in the FDLE 2022 Edward Byrne Memorial JAG Program. Adopted by Consent Vote 4. Resolution No. 23-124 - Proclaiming July 19, 2023 as Glioblastoma Awareness Day in St. Lucie County, Florida - ADD ON Item was pulled from the Consent Agenda and added to Proclamation approvals. D. COMMUNITY SERVICES 1. Community Services Block Grant Amendment #1 between the Department of Commerce, formerly known as the Department of Economic Opportunity, and St. Lucie County This amendment to the current agreement (E2026) changes the agreement period to align it with the legislatively appropriated state budget authority. The agreement's effective date is July 01, 2023 to June 30, 2024. This grant pays for staff salaries and provides services for the low-income community to help residents overcome barriers to self-sufficiency. Staff recommended Board approval of the Community Services Block Grant amendment #1, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Award of Bids for the Housing Rehabilitation Program Staff recommended Board approval to award ITB 2023-8, 2023-10, and 2023-15 to KIB Construction Corp and 2023-9 to De La Hoz Builders, Inc.; subject to the approval of Environmental Review Records by the Florida Department of Commerce; and authorization by the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote E. ENVIRONMENTAL RESOURCES 1. Award of Bid No. 23-053, Mowing of Various Nature Preserves and Trails 4 1 P a g E BOCC Regular Meeting Tuesday, August 1, 2023 6:00 PM Staff recommended Board approval for the award of Bid No. 23-053 for Mowing of Various Nature Preserves and Trails to the lowest responsive bidder, Treasure Coast Lawns, Inc., and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote F. PARKS, RECREATION & FACILITIES 1. Peter W. Busch Family Foundation Wild Game Dinner Fee Waiver $1,650.00 Staff recommended Board authorization to waive the $1,650.00 rental fee for Adams Arena for the 2023 Peter W. Busch Family Foundation Wild Game Dinner to be held at St. Lucie County Fairgrounds on October 6, 2023, 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 2. Team Miranda Strong, Inc. Health and Wellness Color Run at the St Lucie County Fairgrounds Fee Waiver Request $806.25 Staff recommended Board authorization to waive the $806.25 rental fees for the Midway Oval and Building A for the Team Miranda Strong, Inc. Health and Wellness Color Run 5K to be held at St. Lucie County Fairgrounds on April 27, 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. 7th Annual Treasure Coast Minority Business Expo at Havert L. Fenn Center - Fee Waiver Request $2,977.50 Staff recommended Board approval to waive the facility use fee of $2,977.50 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote G. PLANNING & DEVELOPMENT SERVICES 1. Morningside Phase 2B Final Plat Staff recommended the Board approve the Morningside Phase 2B Final Plat and authorize the Chair to sign the plat and associated agreement documents as approved to form by the County Attorney, conditioned upon a Subdivision Improvement Agreement (SIA) and the associated surety prior to recording. Adopted by Consent Vote Commissioner Dzadovsky pulled this item and expressed his concerns regarding the site plan only having one entrance and exit and not having a second entrance or exit for emergency purposes. Benjamin Balcer, Planning & Development Services Director, addressed his concerns on the 5 1 P a g e BOCC Regular Meeting Tuesday, August 1, 2023 6:00 PM record and confirmed that future phases are developed the need for an additional emergency exit. H. PUBLIC UTILITIES 1. Infrastructure Solution Services (ISS) Contract for Professional Construction Engineering Inspection Services for the Indrio Road Water Main & Force Main Project - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended Board approval of the Infrastructure Solution Services (ISS) contract in the amount of $204,390.00 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote Chair Townsend pulled the item for a separate comment to bring awareness. I. PUBLIC WORKS 1. 7454 Commercial Circle - Prodim - Fee -In -Lieu -Of Constructing Concrete Sidewalks Staff recommended Board approval of the fee -in -lieu of construction agreement with Prodim USA, LLC, accept funds in the amount of $6,500.00 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 10. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Public Hearing - Ordinance No. 2023-008 - Relating to St. Lucie County Code, Area of Enforcement, Chapter 50 Water Services to establish Idle Speed No Wake Boating Safety Zones within 500 feet of Public Boat Ramps Around the River Park Marina to be able to Install New Docks with a Floating Dock - aDD Ory Katherine Barbieri, Assistant County Attorney III, presented this item to the Board. The Florida statute authorizes St. Lucie County to establish Idle Speed No Wake boating safety zones by ordinance without additional agency approval within 500 feet of public boat ramps. Parks and Special Facilities will be installing new docks with a floating dock on the east side of the River Park Marina. There will be an ADA kayak launch on the floating dock and a "No Wake Zone" is needed when the new docks are installed. Therefore, St. Lucie County has elected to establish Idle Speed No Wake boating safety zones around River Park Marina. On July 11, 2023, the Board authorized permission to advertise and the public hearing was properly advertised in the local newspaper. Staff recommended the Board adopt the proposed ordinance. Chair Townsend mentioned the request for an informal meeting to discuss the remaining boat ramps. Ms. Barbieri confirmed that progress was being made and discussions had taken place with Parks & Recreation and Facilities. 6 1 P a g e BOCC Regular Meeting Tuesday, August 1, 2023 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. 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 2. Resolution No. 2023-96 - Public Hearing - Abandonment of Avenue M - ADD ON JoAnn Riley, Property Acquisition Manager, and County Attorney Dan McIntyre presented this item to the Board —the proposed abandonment of Avenue M in the Port area. The County owns property in the Harbor Point area and also at the former Indian River terminal going east from north North 2nd Street. The County recently acquired ownership of the easement from the City of Fort Pierce. The proposal will allow the County to abandon the public interest in the easement conveyed to St. Lucie County from the City of Fort Pierce. On November 15, 2022, the Board approved Resolution No. 2022-218 authorizing an Exchange Agreement between the City of Fort Pierce and St. Lucie County for certain rights -of -ways. On May 16, 2023, the Board approved Permission to Advertise a public hearing to be held June 6, 2023, at 6:00 p.m. as the item may be heard to abandon the public interest in Avenue M. On May 21, 2023, a notice of public hearing was published in the St. Lucie News Tribune and no objections were received. On June 6, 2023, the Board continued the Public Hearing until July 11, 2023, which was continued until August 1, 2023. The reason for the continuance was the City of Fort Pierce had not reviewed and approved the transfer of the right-of-way to the County by the City Manager. On July 17, 2023, the Fort Pierce City Commission approved Resolution No. 23-R42 authorizing the transfer of City rights -of -way pursuant to an Exchange Agreement with St. Lucie County. On July 27, 2023, the City of Fort Pierce's Rights -of -Way Deed and the County Deed were recorded in the Public Records of St. Lucie County. The County now owns the respective right-of-way. On November 15, 2022, the Board approved Resolution No. 2022-220 authorizing an Exchange Agreement between Destin Beach, Inc. and St. Lucie County to exchange real property. As part of the proposed exchange with Destin Beach, Destin Beach will convey property to the County which will allow the County to construct a new entrance road to Harbour Pointe. Staff recommended the Board approve Resolution No. 2023-96, subject to the following conditions: • The County reserves a temporary right for the County and its invitees to use the existing Avenue M for access and utilities for eighteen (18) months from the date of closing with Destin Beach. At the end of eighteen (18) months, the temporary right expires and the County may use the existing Avenue M for drainage until completion of the new entrance road and related drainage facilities. • Temporary right for drainage shall expire upon the earlier of (1) completion of construction of the new entrance road or (2) three years from the date of closing, whichever occurs first. The County shall maintain Avenue M and carry liability insurance for the property until the new entrance road and related drainage facilities are completed. 7 BOCC Regular Meeting Tuesday, August 1, 2023 6:00 PM Staff also recommended the Board authorize the Chair to sign the Resolution, instruct staff to publish the final notice of abandonment and record the resolution and the proof of publications in the public records of St. Lucie County, Florida. 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 3 Linda Bartz SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None B. PLANNING & DEVELOPMENT SERVICES 1. Transmittal Hearing - P1 Motor Club - Proposed Comprehensive Plan Future Land Use Map Amendment from AG-5 (Agricultural-5) to SD (Special District) Thad Crowe, Planning & Development Services Senior Planner, and Kori Benton, Planning & Development Services Planning Manager, presented this item to the Board. In accordance with the public notice requirements of the St. Lucie County Land Development Code, the notice for the hearing was published in the local newspaper, a sign posted on the property, and notices were mailed. The subject property is bordered on the north by Okeechobee Road, on the east by Summerlin Road, and on the south and west by land owned by the South Florida Water Management District (intended for regional stormwater water bodies. The submitted petition on behalf of the P-1 Motor Club, for an Amendment to the Comprehensive Plan Future Land Use Map to change the subject +/-629 acres from Agricultural - 5 to the Special District category. The Special District would allow for a private mixed -use motorsports complex, referred to as the P-1 Motor Club (131MC). The Applicant has not yet submitted the companion rezoning from the Agricultural-5 Zoning District to a Planned Mixed Use Development (PMUD) Zoning District, and an associated Preliminary Development Plan. The P1MC would be a private motorsport complex intended to provide private circuits (tracks) designed to allow high-performance driving in a controlled and therefore safer environment. The project will be served by self-contained treatment plants for water and wastewater. The intent from the staff's perspective is not to extend water and sewer out to it, which is 4 1/2 miles. The multi -phased project is expected to be completed by 2044. Garagemahals will serve as a vehicle storage space and can be customized for entertainment, with limited overnight accommodation. The motor club will be a private development with paved track circuits, event centers, karting/autocross circuits, off -road circuits, and skid pads, as well as resort amenities for its members. The P1MC also would include an existing grass airstrip, a niche automotive -related research and 8 1 P a g e BOCC Regular Meeting Tuesday, August 1, 2023 6:00 PM development complex, and enclosed vehicle storage open to the public. There are 16 residences between 50 feet and 1.6 miles from the subject property. The intent of the Special District (SD) designation is to identify those areas where specific uses or combinations of uses are anticipated. The designated areas include previously approved Community Development Districts, areas for which a site -specific development plan or concept has been granted, or areas which, by their location, have specific issues and concerns for their development. Residential densities within an area designated as a Special District are limited to what the current land use designation authorizes. The Agricultural-5 Zoning District would allow 125 residential units/accessory units. Any increase over the present designation may be considered only through the Plan Amendment process. Other examples of Special Districts include the Harbor Branch Oceanographic Institute, Treasure Coast Education, Research, and Development Park (TCERDA), South Florida Water Management District (SFWMD) Stormwater Facility, and Capron Trails. The project is a unique land use arrangement that does not precisely fit the County's Future Land Use and Zoning categories. Although the Harbor Branch and TCERDA projects are owned by the state and local government, they may be comparable with the P1MC's motorsports focus. However, these districts are largely within the Urban Service Boundary Area (USB), and the P-1 Motor Club (P1MC) proposal is not. The Comprehensive Plan Future Land Use Element Policy 1.1.2.1 states the application proposal can not entertain a land use category that is the same or greater than the existing land use category, presenting a challenge to how to measure the intensity of what uses are allowed. The first measure is the Agricultural-5 Zoning District which allows a wide variety of uses including agricultural crops or livestock; fishing, hunting, and trapping; noncommercial research facilities; kennels; riding stables; cell towers, solar generation stations, etc. The proposed Special District for P1MC provides an array of similar uses (paved track circuits, "garagemahals" (garage condos), single-family residences, an airstrip, motor -sports oriented event centers, karting/autocross circuit, off -road circuit, skid pad, and resort -like amenities) demanding review similar to Conditional Use permits for the appropriateness of siting including effects on adjacent properties, adequacy of public facilities, and environmental impacts. The second measure of traffic impacts the users in terms of daily vehicle trips. The third measure is the preservation of the rural character/agricultural activities with a 40% percent maximum impervious surface and a 35% minimum open space, maintaining vegetation and the viability of continued agricultural uses on adjacent lands, as well as a balance of non- residential uses, supporting internal capture and dispelling urban sprawl. Staff advised that the proposal is for the transmittal phase of the project. The Board will not be making any commitments and this will be passed to the state for review. In July, the Planning & Zoning Commission, acting as the Local Planning Agency, unanimously voted to forward a recommendation of approval of the proposed Future Land Use Map Amendment. The applicant has also submitted letters of recommendation from the St. Lucie County Sheriff, Fire District Chief, President of Indian River State College, and President of the Economic Development Council. Staff recommended that the Board pass a motion to transmit the proposed Future Land Use Map Amendment to the State Planning Agency and other state and regional reviewing agencies. Mike Houston of HGA Design Studio provided the Board with a brief presentation of the P1 Motor Club's future land use map amendment. He advised the site is approximately 11.5 miles from the 1-95 Interchange on Okeechobee Rd (SR 70), 6.5 miles from the corporate boundary of Port St. Lucie, 9.7 miles from Okeechobee County's eastern boundary and 4 miles west of the St. Lucie County Urban Service Boundary. The site was a former citrus grove but currently is farmed with an alternative tree crop named Pongamia. 9 1 P a g E BOCC Regular Meeting Tuesday, August 1, 2023 6:00 PM The South Florida Water Management District (SFWMD) has acquired large tracts adjacent to and near the subject property. The property abuts the SFWMD acquisitions to the west and south in addition to properties to the north and northeast. The request proposes to change 629 acres from Agricultural-5 (AG- 5) to Special District (SD). The parcels will be divided into 4 areas: • Area A - Circuit, Club & Community (314 acres) • Area B — Motorsports Complex (211 acres) • Area C — Research & Development Park (62 acres) • Area D —Airfield Runway (42 acres) The traffic for the proposed future land use is 10,618 daily trips and 1,024 peak hours with a reduction of 16,202 daily trips and 1,302 peak -hour trips from the existing land use. The County's traffic consultant and staff have reviewed the methodology for determining trips. Roadway network impacts are often overestimated, so it is important to monitor conditions to prevent exceeding trip limits. Ari Straus, Founding Partner/Chairman, and Molly McCoy Straus, Partner/Chief Worrier, addressed the Board and provided an overview of the proposal and the history of P1 Motor Club. They advised of the motor club circuits, facilities, competitions, after -hour activities, history, and economic impacts (tax revenues, jobs), and benefits to the community. Also provided the website for more information inquiries www.Dlmotorclub.com. There was a Board discussion regarding the proposal's transmittal to the state, traffic impacts, safety, noise, accessory dwelling units, provisions, agricultural uses, overnight/lodging accommodations, design, tourism tax, job opportunities, buffers, tracks, modifications to the language of the proposal (PMUD), operation hours, and fuel storage. Upon discussion, changes were made to the applicant's P1MC Special District Regulatory Standards as follows: (ATTACHED) (4.) P1 MC is not designed to be a spectator facility. Other than limited special events/training exercises open to the public (i.e., individuals who are neither members nor invited guests), the public will only have access to the research and development office park. The PMUD may allow, with proper public notice and specific event plans, up to IE11(10) special multi -day events, such as races, exhibitions, and training exercises, per calendar year. (9.h.) Overnight guest accommodation units to include up to 15 units in a trackside inn and/or garagemahal units, with units occupied on any night to not exceed 125; Overnight guest accommodations include garagemahal units and up to (25) guest rooms accommodations. Garagemahal units and guest accommodations occupied on any night may not exceed 125 units: (13) The PMUD design shall minimize noise impacts to adjacent residential properties to the east and north using berms, walls, and/or plantings (where) necessary. The P1MC will self -enforce sound limits of 103clB for guests and 108clB for members (measured at approximately 50 feet from the source point.) (16.) Once certificates of occupancy are issued for the first 200,000 SF ground level of garagemahals (and 101Page BOCC Regular Meeting Tuesday, August 1, 2023 6:00 PM include one or both of the main circuits (P1 or Treasure Coast) ) then traffic studies shall be conducted annually and reviewed to demonstrate that the development traffic does not exceed projected development traffic. In the event that traffic impacts exceed projections, then P1MC shall apply to amend the PMUD to either adjust the development program to adhere to traffic impact projections or to modify traffic projections in seeking a modified Concurrency Certificate. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. • Roger Orr • Kevin Keene • Grayson Gilbert • Clay Yates • Barry Letterman • Mark Walters With no one else wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve the staff recommendation to move the project to transmittal with changes d� , dnu Upuii [L) Ldii, IL Pd�JCU k-+)-k1). RESULT: APPROVE MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet NAYS: Jamie Fowler EXCUSED: None 9:31 PM - Recess taken 9:45 PM — Meeting Reconvened C. PUBLIC WORKS 1. Cabo Rio RV Park Project - Mining Permit Exemption Application Request Daniel Zrallack, County Engineer, presented this item to the Board. Under the public notice requirements of the St. Lucie County Land Development Code, an advertisement for the public hearing was published in the local newspaper on July 19, 2023, and notices were mailed to 13 adjacent property owners located within a 500 feet radius, and signs were placed on the subject property. Cabo Rio Holdings, LLC applied for a mining permit exemption for the removal of excess soil material associated with the construction of a 3.33-acre stormwater retention pond. The parent parcel consists of 25.05 acres, located on the east side of Kings Highway south of Indrio Road in the northeastern area of the County. Cabo Rio RV Park is currently in the permitting process for a site development permit that includes 146 RV lots, with various associated on -site amenities. On July 5, 2022, a future land use map and amendments were approved, a minor site plan was approved on May 30, 2023, and the Cabo Rio RV Plat was approved on June 6, 2023. The site development permit approval is still in progress and has not been finalized. The Cabo Rio RV Park includes the excavation of 111 Page BOCC Regular Meeting Tuesday, August 1, 2023 6:00 PM a 3.3-acre stormwater pond with a maximum water depth of 12 feet. Some of the excavated fill will be used on -site for mass grading, but an estimated 30,000 cubic yards of surplus material will need to be hauled off - site, which is roughly equivalent to about 1,500 truckloads of material. According to Land Development Code Section 11.05.11.a.2.h, Cabo Rio Holdings, LLC filed an application requesting an exemption for the requirement of the mining permit to allow the off -site removal of excavated material over 100 cubic yards originating from the development of the on -site stormwater management pond. The Land Development Code Section 6.06.01 A, states, that it shall be illegal to excavate or mine, as defined in Chapter II, any real property in St. Lucie County without first obtaining a mining permit for such activity, except as exempted in Section 11.05.11. The Land Development Code Section 11.05.11 A.1., further specifies that no mining or excavation operation shall be conducted in the unincorporated areas of St. Lucie County without a permit from the Board of County Commissioners. As used within this section, the terms "mining" and "excavation operation" include any operation that entails the excavation or removal of earth off -site in excess of one hundred (100) cubic yards. Section 11.05.11 A.2., outlines activities that are exempt from the mining permit requirement, including an exemption for the removal of material for development in which the material is being excavated to provide on -site stormwater management. Staff recommends Board provide approval of the mining permit exemption with the following conditions: • The removal of excavated material under this exemption shall be performed and completed by January 31, 2024. • The hauling operation is limited to Monday through Friday within the hours of 8:00 am and 4:00 pm, excluding all holidays. If there are documented adverse effects from the hauling operation during the school session, the County Engineer may further restrict the hours of operation as necessary. • A maintenance agreement bond or line of credit will be secured within 30 days of Board Approval and maintained until receiving County written approval of hauling completion. The County will inspect the haul route, including but not limited to, Indrio Road and Kings Highway, during and following the hauling operation. Cabo Rio Holdings, LLC will be responsible for any damage associated with the hauling. • This mining permit exemption may be revoked for: (1) Violation of any condition imposed upon such approval; and (2) Upon complaint and proof of adverse effect on adjacent properties. The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides written consent to the revocation, the Director shall revoke the permit and notify the Board of County Commissioners of the revocation. The Board discussed concerns regarding the truck hauling route, excavation materials, drainage, and traffic. 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 applicant addressed the Board and requested if the approval could match the Site -Development Permit (STP) approval to allow additional time. 12 1 BOCC Regular Meeting Tuesday, August 1, 2023 6:00 PM A motion was made to approve staff recommendations, with six (6) months from the Site -Development Permit (STI approval and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky IAYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler INAYS: None EXCUSED: None 11. REGULAR AGENDA A. ADMINISTRATION 1. Appointment to the Homeless Advisory Committee - At -Large Member Vacancy George Landry, County Administrator On July 5, 2022, Resolution 22-124 was adopted by the Board which established the Homeless Advisory Committee. The resolution states the Committee shall be composed of nine members including a Social Worker/Case Manager from a governmental or non-profit entity with experience or expertise in homelessness. Felicity Palma resigned on June 19, leaving the seat vacant. Applications were forwarded to the Board Liaison for review to ensure they meet the minimum qualifications to serve and four are qualified to serve in the role. The County Administrator advised, with the concurrence of the Board, that the tally of the top vote would be appointed to the Homeless Advisory Committee -At -Large Vacancy. Each Commissioner was provided a ballot preference sheet and was directed to indicate the top candidate believed to be the best choice. Each Commissioner submitted their tally selection: George Landry, County Administrator, announced each Commissioner selected candidates from the tally sheets. Candidate Commissioner Commissioner Commissioner Commissioner Commissioner Total Dzadovsky Leet Bartz Fowler Townsend Dorothy 0 Cobb Kylee * * * * 4 Fuhr Hazel * 1 Hoylman Kathy 0 Sheets A motion was made to approve the voting selection of the Social Worker/Case Manager seat on the Homeless 13 1 BOCC Regular Meeting Tuesday, August 1, 2023 6:00 PM Advisory Committee, and it passed unanimously. RESULT: APPOINT - KYLEE FUHR MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None B. COUNTY ATTORNEY 1. TRICO - Effect of Chapter 2023-217, Laws of Florida - Appointment of TRICO Representative Daniel McIntyre, County Attorney, presented this item to the Board. TRICO manages a combined risk management program for St. Lucie County, Martin County, the City of Port St. Lucie, and the City of Stuart. TRICO was established in 1987 by interlocal agreement to finance losses that cannot be prevented; involving property, operational interruption, liability, and risks for each member, for amounts within Florida's sovereign immunity law and workers' compensation. TRICO handles worker's compensation, liability insurance, and property insurance. A recent law passed a part of the 2023 Florida Legislature and approved by the Governor for any local governmental entity that is a member of a self -insurer established under this section, only an elected official of the local governmental entity may be the local governmental entity's representative on the self -insurers governing body. The new law specifies that only elected officials may be representatives of a self -insurer for workers' compensation insurance, not property or liability. Under the new law, TRICO requested an opinion on this issue from Roper & Roper, P.A. and he advised in his opinion that Fla. Stat. section 624.4621 and the recent legislative amendments thereto, do not apply to TRICO and its membership. Based on that opinion, it does not appear that the Board is required to appoint a Board member to serve on TRICO. The Interlocal Agreement creating TRICO does, however, provide that the Board may appoint a Board member or senior staff member to serve on TRICO. Dan McIntyre, who is currently serving as the County Attorney, is also a senior staff member on the TRICO Board. Chair Townsend thanked Mr. McIntyre for his service on the TROCO Board and made a motion for him to remain as a senior staff member. Chair Cathy Townsend passed the gavel to Vice -Chair Linda Bartz. Commissioner Townsend made a motion to approve County Attorney Dan McIntyre for the appointment to serve on TRICO. Commissioner Chris Dzadovsky seconded the motion and it passed unanimously. After the vote, Vice -Chair Bartz passed the ,dvt= UdL.R LU %_UI I II I II.-jJIUI ICI IUVVI IJCI IU, dI IU .13I IC IULd II ICU IICI Pu.-JILIUII CI.-i 1.1 ldll. RESULT: APPOINT - DAN MCINTYRE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 14 1 BOCC Regular Meeting Tuesday, August 1, 2023 6:00 PM 2. Resolution No. 2023-129 - A Resolution by the Board of County Commissioners of St. Lucie County, Florida Declaring the Florida Pace Funding Agency's Continued Operation in St. Lucie County without Authorization is a Public Health Safety and Welfare Emergency - ADD ON Dan McIntyre, County Attorney, presented to the Board a duplication of the Resolution previously approved by the Sustainability District. The authorization for the County Attorney's office to initiate litigation as appropriate to stop the Florida PACE Funding Agency's s continued operation in St. Lucie County. Whereas, without notice to the County or District, the Florida PACE Funding Agency (FPFA) initiated bond validation proceedings in Leon County Circuit Court, which resulted in the issuance of a final judgment authorizing the agency to finance qualifying improvements for property owners in all of Florida and the aggregate principal amount of $5 billion. On January 3, 2023, FPFA sent a letter to former County Administrator Howard Tipton expressing their willingness to enter into an interlocal agreement that just facilitates information sharing and feedback but states they do not believe that an interlocal agreement is necessary to provide PACE in St. Lucie County. On January 11, 2023, the Florida PACE Funding Agency (FPFA) began operating a program in the County and District in violation of the Ordinances. Then the Florida PACE Funding Agency (FPFA) or its representatives began filing liens in the County for program improvements. Whereas the liens filed in the County by Florida PACE Funding Agency (FPFA) or its representatives reflect that the majority of property owners are being charged interest rates as high as 9.99% for the qualifying improvement and that property owners will pay such interest rates for at least 10 years, but a majority for 30 years for items such as windows, air-conditioning units, and roofs. Based on the interest rates charged and the terms of the financing agreements, the tax bill amount of the property owners in the County will increase significantly. Almost a third of tax bills will double in amount and a few will increase five times. The County contends that Chapter 164, the Florida Statutes, also known as the Florida Government Conflict Resolution Act is not applicable based on the Florida PACE Funding Agency (FPFA) assertion that has statewide authority and the court finds that Florida PACE is a governmental entity. The Board of County Commissioners finds Florida PACE an immediate danger to the health, safety, and welfare of the public in the creation of the liens. The County has the legal right not to comply with Florida Statute Chapter 164. In the, whereas clause, the County has to make an amendment stating the bond validation was in St. Lucie County when it is in Leon County, and the scrivener's error will be corrected. St. Lucie County is requesting that the Board find that the Florida PACE Funding Agency (FPFA) continued operation in the County under its asserted independent authority poses an immediate danger to the health, safety, and welfare of the citizens of the County and compromises significant legal rights of the County and therefore requires immediate action against it before compliance with the provisions Chapter 164, Florida Statutes, the Florida government Conflict Resolution Act. Staff recommended the Board approve Resolution 2023-129 with the amendment of the scrivener's error in the whereas clause. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations with the amendment of the scrivener's error (to Leon County instead of St. Lucie County), and it passed unanimously. RESULT: APPROVE 15 1 P a g BOCC Regular Meeting Tuesday, August 1, 2023 6:00 PM 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 C. PLANNING & DEVELOPMENT SERVICES Eden Oaks Final (Major) PUD Site Plan located at 6201 S. US Highway 1 in Port St. Lucie, submitted by Red Tail Design Group on behalf of Eden Oaks Owner LLC - 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 Tod Mowery. Commissioner Linda Bartz - Spoke with staff and Tod Mowery. Commissioner Larry Leet- Spoke with staff and Tod Mowery. Commissioner Chris Dzadovsky - Spoke with staff only. Chair Cathy Townsend - Spoke with staff and Tod Mowery. Kori Benton, Planning & Development Services Planning Manager, presented this item to the Board. Previously, the Board granted authorization for the Land Use Map Amendment and Rezoning to Plan Unit Development for the Eden Oaks Project located at the southwest corner of US Highway 1 and Saeger Avenue. The property is a former driving range with approximately 16.67 acres of vacant land. The property was rezoned to a mixture of Planned Unit Development with the Commercial General outparcel retained. The residential portion is 14.29 acres in size. The major site plan also includes the land division. The preliminary PUD Site Plan is authorized by the Board with some conditions to allow up to 200 multi- family residential units to be developed on the property of seven (7) three-story residential buildings with a variety of amenities: active and passive open spaces, garages, surface parking, walking trails, dog park, and stormwater pond. The plan provides an adequate parking supply that exceeds minimum requirements, integrating pedestrian links, limited garages, and landscaping. A 5,000 sq. ft. clubhouse and outdoor pool, entry fountain, and public art are planned around the project entrance. A mail kiosk, bus stop(s), and vehicular turn -around areas are accommodated in the plan maintaining a 55% green and open space and a 2.5-acre lake with walking paths. The proposed three-story residential building and the clubhouse offer a variety of one -bedroom, two -bedroom, and three -bedroom units presented as market -rate rental opportunities. The site is along a commercial corridor with access to public transit and a wide variety of public facilities in the area, and the proposal to tie into Port St. Lucie's central water and wastewater facilities aligns with the approved preliminary PUD plan. The staff has reviewed the Site Plan and determined it is consistent with the approved Preliminary PNRD Plan, the Standards of Review in Section 11.02.07 of the St. Lucie County Land Development Code, and the St. Lucie County Comprehensive Plan Goals, Objectives, and Policies. Staff recommended that the Board of County Commissioners approve the Final Site Plan with draft conditions provided in the Report, and authorize the Chair to sign documents as approved by the County Attorney. 16 1 P a g BOCC Regular Meeting Tuesday, August 1, 2023 6:00 PM Commissioner Bartz discussed the right-of-way for fire and rescue traffic. The Board had no further questions or comments on this item. A motion was made to approve statt recommendations, and it passed 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 12. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Informal meeting on Tuesday, August 8, 2023, at 9 a.m. 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, August 15, 2023, at 9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Joint meeting with the St. Lucie Village Board to discuss various topics on Tuesday, August 22, 2023, at 10 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold a meeting regarding mining on Tuesday, August 22, 2023, at 6 p.m. 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 10:17 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. 17 1 P a g EXHIBIT A: P1MC SPECIAL DISTRICT REGULATORY STANDARDS The Special District for a private mixed -use motorsports complex, referred to as the P1 Motor Club (P1 MC) is hereby created and incorporated into the Comprehensive Plan with the following Area Map and Regulating Standards. P1 Motor Club Pr.`�ed FLUMA-2303-000021 �I so _ AG-5 'a E Iy. ' r¢ ROW i i I I ® Subject P—) AG,S, Agrtail —1, 1 du/5 ac r— 5D, Special D:Antt �m-=a evp!a Exhibit A-1: P1 Motor Club Special District 8/1/2023 EXHIBIT A: P1MC SPECIAL DISTRICT REGULATORY STANDARDS 1. The P1 MC Special District, located south of Okeechobee Road and west of Summerlin Road, will be guided by the following standards and a future Planned Mixed -Use Development (PMUD) zoning district to create a private motorsports club that provides mostly paved, private roads designed for high- performance driving in a controlled environment. The P1 MC project will be served by a privately -provided self-contained package treatment for water and wastewater and will also include various resort amenities. Project completion is anticipated to be 2044. The 629- acre site will be comprised of four connected areas: Area A: Primary circuit/track (P1) and paddocks (circuit/track staging areas), garagemahals, detached and attached single-family residences, clubhouse and resort amenities. Area B: Secondary circuit (Treasure Coast), garagemahals, off road circuit, karting circuit/track, skid pad, event center, and drive center. Area C: Research and Development Park Area D: Airfield Runway �i AREAV ± 58 Ac. \ \hobe\ / I qo / d 0,/SR i AREA'A' ± 315 Ac. AREA W ± 214 Ac. jsxaaiDshiCtaeat x�a El AREAW ± 42 Ac. Exhibit A-2: P1 Motor Club Special District Areas Map 8/1/2023 EXHIBIT A: P1 MC SPECIAL DISTRICT REGULATORY STANDARDS 2. P1 MC members may purchase garagemahals, which are storage units for vehicles. A garagemahal (like a garage condo) is a private, flexible space for automotive storage and that may be customized for entertainment and overnight stays. The garagemahal units will be sold only to club members, ready for automotive storage and will be sold as empty space with electric, HVAC and connections for water and sewer for the owner's customization. At a minimum, fifty-one (51 %) percent of the unit's square footage will be utilized for storage, and the unit cannot be homesteaded. 3. P1MC amenities will include a clubhouse, gym, outdoor pool, outdoor courts, sidewalks and walking trails, vehicle service area, event center, drive center and enclosed auto/RV storage. 4. P1MC is not designed to be a spectator facility. Other than limited special events/training exercises open to the public (i.e., individuals who are neither members nor invited quests), the public will only have access to the research and development office park. The PMUD may allow, with proper public notice and specific event plans, up to ten(10) special multi -day events, ine g such as races, exhibitions, and training exercises, per calendar year wit-lini4Wio"f-ow-a#na4uir-s-or-so 5. The event center is primarily an indoor open flexible space that can be customized for various member and invited guest activities including manufacturer, corporate and charity events that typically include a variety of driving experiences. 6. The drive center is a facility in a central location of Area B that supports education and coaching of members and guests aGtively driving the ^;F^Y'+s. The second level is an open flexible space that can be split into separate spaces. 7. Required open space may include parks; playgrounds, active and passive recreation areas; bicycle and pedestrian paths and facilities; common open space; common landscaping or planting areas; floodways and lakes with the requirement that toe accessible shorelines include trails, boardwalks, docks, and/or similar elements; and agricultural activities not involving any activities within an enclosed or covered structure. Outside of the track areas, the amenities, recreation areas, and other open space shall be connected by sidewalks and trails. Open space shall be delineated in the PMUD. 8. Exterior lighting shall be downcast and shielded to minimize light trespass. The residential areas, research & development park, and garagemahals will have standard street lighting. Driving areas may utilize lighting for limited nighttime driving activities, with frequency limitations setforth in the PMUD. 9. Maximum square feet of uses, lengths of circuits/tracks, and number of dwelling units and guest units are established as follows: a. Garagemahals and paddock garages: up to 900,000 SF, ground level; b. Clubhouse with cafe/restaurant and store with convenience items: up to 30,000 SF; c. Drive center: up to 15,000 SF; d. Event center: up to 40,000 SF; 8/1/2023 EXHIBIT A: P1MC SPECIAL DISTRICT REGULATORY STANDARDS e. Research and development park ("R&D Park," motorsports-related research, assembly, and manufacturing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding area): up to 400,000 SF; f. Additional auto storage: up to 222,500 SF; g. Dwelling units: up to 125 units; h. qar nnmahal units with units eccyp;ed en anY night t9 noOvernight quest accommodations include garagemahal units and up to 125 quest rooms accommodations. Garagemahal units and quest accommodations occupied on any night may not exceed 125 units; i. P1 Paddock: up to 17 acres; j. P1 Circuit: up to 4.2 miles; k. Treasure Coast Paddock: up to 8.0 acres; I. Treasure Coast Circuit: up to 2.9 miles; m. Karting/Autocross circuit: up to 1.2 miles; n. Off -road circuit: up to 0.9 miles; o. Skid pad: up to 6.0 acres; p. Corporate offices: up to 5,000 SF; q. Site and facility operations: up to 5,000 SF, ground level; r. Gate house: up to 500 SF; and s. Airfield: up to 12 acres (stabilized surface). 10. Overnight occupancy by members and their guests within garagemahal units, where authorized by the PMUD, shall be limited in nature with infrequent occurrence as these uses are not intended to provide full-time occupancy or be dwelling units that are frequently occupied. haccordance with the Special District designation requirement to maintain consistent entitlements as allowed in the current AG-5 future land use, the project may utilize no more than 125 garagemahals and/or tFackside inn guest accommodations as overnight accommodations on any -given night, which would be the equivalent to the ability to develop guest homes in the AG-5 designation. 11. The PMUD shall include a public safety plan that emphasizes fire and emergency services response and on -site life safety services. 12. A PMUD application shall include a detailed traffic analysis accurately reflecting each proposed use and their attributes. 13. The PMUD design shall reasonably minimize noise impacts to adjacent residential properties to the east and north using berms, walls, and/or plantings when necessary. The P1 MC will self -enforce sound limits of 103dB for guests and 108dB for members (measured at approximately 50 feet from the source point.) 14. Hours of operation shall be daytime hours for the airfield and dawn to two hours after sI-64 for the circuits/tracks and skid pad. 15. The following development standards apply: a. Maximum impervious surface: 40-50%, with paved and otherwise impervious 8/1/2023 EXHIBIT A: P1 MC SPECIAL DISTRICT REGULATORY STANDARDS circuits/track surfaces subject to landscape improvements as specified in Land Development Code 7.09.04.C.1. (Parking and Other Vehicular Use Area Interior Landscaping). b. Maximum building coverage: 8% c. Maximum building height: 45 feet (except 80 feet for utility structures and safety tower(s)) d. Minimum setback for circuits/tracks and ether motor Gl b related paved areas: 200 feet between north and east property lines and edge of pavementeF circuit/track e. Minimum right-of-way buffer width: i. R&D Park (north side): 80 feet ii. Residential (north side): 50 feet iii. Residential (east side): 50 feet iv. All others (including lake area): 10 feet f. Maximum number of member licenses: 1,200 g. Minimum open space: 35% 16. Once certificates of occupancy are issued for the first 200,000 SF around level of garagemahals then traffic studies shall be conducted annually and reviewed to demonstrate that the development traffic does not exceed projected development traffic. In the event that traffic impacts exceed proiections then P1MC shall apply to amend the PMUD to either adjust the development program to adhere to traffic impact proiections or to modify traffic proiections in seeking a modified Concurrence Certificate. 8/1/2023 5