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HomeMy WebLinkAboutMinutes 10.03.20231 rr +`�},W,E BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting October 3, 2023 Convened: 6:00 PM Adjourned: 7:49 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 Irene Szedlmayer, Planning & Development Services Senior Planner Erin Elizabeth Taylor, Planning & Development Services Associate Planner Tahir Curry, Planning & Development Services Planner I Kori Benton, Planning & Development Services Planning Manager Daniel Zrallack, County Engineer Katrina Slay, Agenda Coordinator Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECESS FOR SPECIAL DISTRICT MEETING Erosion District Meeting 5. 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 BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 6. PRESENTATIONS There were no items scheduled. 7. 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. 8. PROCLAMATIONS APPROVAL A. Resolution No. 23-174 - Honoring Florida Fish and Wildlife Conservation Commission Senior Investigator Kyle Lee Patterson and Supports the State Designating a Portion of State Road 70 as Kyle Lee Patterson Memorial Way 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 the wife of Kyle Patterson, Alisha Patterson, who thanked the Board and accepted the proclamation with Honor. 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. Resolution No. 23-131 - Proclaiming October 11, 2023, as "International Day of the Girl Child" 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 Lesley George, who thanked the Board and accepted the proclamation. 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 C. Resolution No. 2023-164 - Proclaiming the Month of November 2023 as "Hospice and Palliative Care 2 1 P a g e BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM 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 the "Treasure Coast Hospice" Vice - President of Medical Services Rose Gulibe and Craig Perry, who thanked the Board and accepted the proclamation. 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 9. APPROVAL OF MINUTES M IIIULIUII VVdJ IIICI UC LU CIPPI UVC CI IIIII IULC -JCLJ, dI IU IL Pd.-jJCU UIICIIIIIIIUU.-�IY. 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 A. Board of County Commissioners minutes for the BOCC Joint St. Lucie Village Meeting of August 22, 2023. B. Board of County Commissioners minutes for the BOCC Regular Meeting of September 5, 2023. C. Board of County Commissioners minutes for the BOCC Tentative Budget Hearing of September 7, 2023. D. Board of County Commissioners minutes for the BOCC Informal Meeting of September 12, 2023. E. Board of County Commissioners minutes for the BOCC Regular Meeting of September 19, 2023. 10. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None 3 BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM I EXCUSED: None I A. WARRANTS 1. Warrant Lists 50 - 51 Adopted by Consent Vote B. ADMINISTRATION 1.2023 / 2024 Treasure Coast Sports Commission Grant Agreements Staff recommended approval of the 2023 / 2024 Grant Agreements for the Treasure Coast Sports Commission for a total amount of $250,000.00 and authorization of the Chair to sign the contracts as drafted by the County Attorney. Adopted by Consent Vote Commissioner Dzadovksy pulled this item for a separate comment. 2023 / 2024 Grant Agreement for Professional Services for Local Arts Agency (St. Lucie Cultural Alliance) Staff recommended the Board approve the 2023 / 2024 Grant Agreement for Professional Services for Local Arts Agency (St. Lucie County Cultural Alliance) as drafted by the County Attorney. Adopted by Consent Vote 3. Madden Media - Fourth Contract Amendment to Provide Digital Marketing Services for Visit St. Lucie Staff recommended Board approval of the Madden Media's fourth contract amendment and authorization for the Chair to sign the documents as drafted by the County Attorney. Adopted by Consent Vote 4. St. Lucie County Health Access Network, Inc. (HANDS Clinic) - Grant Agreement in the Amount of $300,000.00 for Fiscal Year 2024. Staff recommended the Board approve the St. Lucie County Health Access Network, Inc. (HANDS Clinic) FY 2024 grant agreement and authorize the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 5. New Horizons of the Treasure Coast - Grant Agreement in the amount of $953,425.00 for Fiscal Year 2024 Staff recommended the Board approve the New Horizons of the Treasure Coast Grant Agreement and authorize the Chair to sign documents as approved by the County Attorney. 4 1 P a g e BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM Adopted by Consent Vote 6. Department of Health FY24 Core Contract Staff recommended the Board approve the contract with the Florida Department of Health and authorize the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote C. COUNTY ATTORNEY Resolution No. 2023-168 - Accepting a Conservation Easement and Preserve Area Management and Monitoring Plan from CRE-KL Silver Oaks Owner, LLC - Parcel ID 3414-501-0801-050-8 On August 1, 2022, the Planning and Development Services Director approved PDS No. 22-022, granting a Minor Adjustment to the Planned Unit Development for the project known as Silver Oaks PUD. A condition of approval required the developer to dedicate a Conservation Easement over all the onsite wetlands, along with an approved Preserve Area Management and Monitoring Plan (PAMMP) to St. Lucie County. Attached for review and acceptance is the Conservation Easement, sketch and legal descriptions, and the Preserve Area Management and Monitoring Plan which has been reviewed and approved by the Environmental Resources Department and the County Surveyor. Staff recommended the Board accept the Conservation Easement and Preserve Area Management and Monitoring Plan from CRE-KL Silver Oaks Owner, LLC, authorize the Chair to sign the resolution, and direct staff to record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote 2. Release of Grant of Security Interest - Parcel ID 2436-233-0003-000-2 and Parcel ID 2435-141-0008- 000-2 Staff recommended the Board approve the Release of Grant of Security Interest, authorize the Chair to execute the Release of Grant of Security Interest, and record the Release in the public records of St. Lucie County, Florida. Adopted by Consent Vote 3. Permission to Advertise - An Ordinance Amending Ordinance No. 2023-008 Relating to St. Lucie County Code Area of Enforcement Chapter 50 Water Services Article II — Vessel Rental and Water Safety; to add Language Clarifying the Location of the "Idle Speed No Wake" Zone at River Park Marina Kayak Launch and to provide for a Slow Speed Minimum Wake Zone Outside the Prima Vista Boulevard Right of Way Lines Staff recommended the Board grant permission to advertise the proposed ordinance for a public 5 1 P a g E BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM hearing before the Board on October 17, 2023, at 9:00 a.m. or as soon thereafter as may be heard. Adopted by Consent Vote 4. Resolution No. 2023-176 - Proclaiming the Month of October 2023 as "Fire Prevention Month" in St. Lucie County, Florida Adopted by Consent Vote D. ENVIRONMENTAL RESOURCES 1. Bid Award No. 23-065 - Cypress Creek Rehydration and Natural Storage Area Staff recommended approval to award Bid No. 23-065 to Enviro-Tech Systems, Inc. in the amount of $865,305.13 to construct Phase I of the Cypress Creek Restoration Project, and authorize the Chair to sign the documents as approved by the County Attorney. Adopted by Consent Vote E. LIBRARY SERVICES 1. Request to Revise Resolution 2023-038 Related to a Public Library Construction Grant *RES-2023-214 assigned post meeting. Staff recommended revision of the resolution. Adopted by Consent Vote F. PARKS, RECREATION & FACILITIES 1. Clover Park Infield Renovations — Request Bid Waiver $270,483.75 Staff recommended board approval to waive the bid process and purchase Lay and Play turf in the amount of $204,000 from South Florida Sod Farm, LLC, and award Lay and Play sod installation to the approved installer LTG in the amount of $66,483.75 for a total of $270,483.75 and approve the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Wavier for Treasure Coast Christian Alliance National Day of Prayer Event - Request to Waive Facility Use Fees for the Havert L. Fenn Center in the Amount of $637.50 Staff recommended Board approval to waive the facility fee of $637.50 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote G. PLANNING & DEVELOPMENT SERVICES 6 1 P a g e BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM 1. Wawa Midway-Selvitz Plat - Subdivide a +/- 6.0-acre property into two (2) parcels - Parcel 1 will consist of ±2.76-acres (future development) and Parcel 2 will consist of ±3.24-acres (Wawa site) Staff recommended the Board approve the Wawa Midway & Selvitz Plat, authorizing the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Permission to Advertise a County Initiated Land Development Code Text Amendment to Allow Utility Trade Contractors with Specialty Storage, as an Eligible Conditional Use with the AG-5 Zoning District, subject to the Supplemental Standards within LDC Section 7.10.36. Staff recommended the Board approve the permission to advertise the County -initiated Land Development Code Text Amendment and schedule the Draft Ordinance for three Public Hearings, beginning with the Planning & Zoning Commission hearing. Adopted by Consent Vote Commissioner Dzadovksy pulled this item for a separate comment. 3. Permission to Advertise a County Initiated Land Development Code Text Amendment to Increase the Threshold for Minor Site Plan Adjustments Staff recommended the Board approve permission to advertise the drafted ordinance and have staff schedule the first of three public hearings, the first being before the Planning & Zoning Commission. Adopted by Consent Vote 4. Permission to Advertise - County initiated Land Development Code Text Amendment to Allow for Increased Height of Accessory Structures and the Allowance for Increased Height for Non -habitable Architectural Features and Mechanical Equipment Staff recommended the Board approve the permission to advertise the County -initiated Land Development Code Text Amendment and schedule the Draft Ordinance for three public hearings, beginning with the Planning & Zoning Commission hearing. Adopted by Consent Vote Approval of an Interlocal Agreement with the Treasure Coast Planning Council for Town's, Villages & Countryside (TVC) Outreach Staff recommended that the Board approve the interlocal agreement and authorize the Chair to sign the interlocal agreement, as approved by the County Attorney. Adopted by Consent Vote Commissioner Dzadovksy pulled this item for a separate comment. H. PUBLIC UTILITIES 7 1 P a g e BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM 1. Award Bid No. 23-068 SLC Fairgrounds WWTF Sand Filter Replacement Staff recommended approval to award Bid No. 23-068 to Meeks Plumbing, Inc. of Vero Beach, Florida in the amount of $74,500.00 contingent upon approval of their bid package by the County Attorney, and authorization of the Chair to sign the documents as approved by the County Attorney. Adopted by Consent Vote I. PUBLIC WORKS Treasure Coast Airport Connector - St. Lucie Boulevard Extension Roadway Corridor Alternatives Study Interlocal Agreement with Transportation Planning Organization (TPO) for Funding Assistance Staff recommended Board approval to enter into the interlocal agreement, establishment of the project budget of $154,020.00 and to authorize the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Treasure Coast Airport Connector Corridor Study - Approval of Work Authorization #10 to Contract C20-01-222 with Kimley-Horn and Associates in the amount of $154,020 Staff recommended Board approval of Work Authorization #10 with Kimley-Horn and Associates for the Treasure Coast Airport Connector Corridor Study in the amount of $154,020.00 and authorize the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote J. TRANSIT 1. St. Lucie County Transit Title VI Plan As a recipient of Federal Transit Administration (FTA) funds, St. Lucie County's Transit Department is required to submit a Title VI Plan to the FTA and the Florida Department of Transportation (FDOT) every three years. Title VI of the Civil Rights Act of 1964 prohibits exclusion from participation, denial of benefits, or being subject to discrimination under any program or activity receiving federal financial assistance on the grounds of race, color, or national origin. Staff recommended Board approval of the St. Lucie County Title VI Plan and authorization for the Chair to sign applicable documents as approved by the County Attorney. Adopted by Consent Vote 11. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Public Hearing on the Proposed Amendment of the St. Lucie County Land Development Code, Section 7.10.12., Scrap, Waste and Recycling Operations, and Section 2.00.00, Definitions 8 1 P a g e BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM Irene Szedlmayer, Planning & Development Services Senior Planner, presented this item to the Board. Following the public notice requirements of St. Lucie County Land Development Code notice for the public hearing was published in the newspaper on September 24, 2023. There were no requirements for signposting or mailed notices. The Planning and Zoning Commission recommended approval for the proposed amendments at the first public hearing in August, making this the second public hearing. With the Board's approval of the second reading, the ordinance will come back for adoption. The Applicant, Mike's Organic Topsoil, owns 101.6 acres in rural, south St. Lucie County in the Agricultural-5 Zoning District and future land use designation. The applicant purchased the land intending to operate a vegetative debris recycling facility and turn this waste material into topsoil and mulch. The proposed amendment will allow land clearing and yard trash recycling operations, subject to the approval of a conditional use permit in the Agricultural-5 and the Planned Non -Residential Development Zoning Districts, subject to supplemental standards, in addition to the Industrial and Utility Zoning Districts, where it is permitted now as a conditional use and subject to supplemental standards. The proposed amendment will be applicable county -wide. The amendment is recommended in definitions to re -name the term "yard trash" to "vegetative debris," resulting from landscaping maintenance and land clearing operations and including materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils. The County definition as currently in effect, and as proposed to be amended, is somewhat more descriptive than the state statute but remains entirely consistent with the state definition. One of the proposals is to increase the minimum and maximum site area on which vegetative debris recycling operations can take place. The current minimum size is 5 acres with a maximum of no more than 15 acres. The proposed amendment requires the site area for a recycling operation to be a minimum of 10 acres, and a maximum no larger than 50 acres. The proposal establishes building coverage standards, for mostly outdoor use and staff has incorporated the existing standards for the Industrial Heavy, U, and AG- 5 Zoning Districts, concerning the maximum building cover and for the planned non-residential development. The staff recommends using the same standards applied in AG-5, which would be a 10% maximum building coverage. The proposed amendment establishes that no less than 20% of the total site shall be maintained as landscape screening, landscape buffers, or other open space. The existing code provides for the site to be surrounded by a wall fence or opaque, and if vegetative screening is used, it is 15 feet when adjoining right of way, and/or 20 feet when adjoining another property. The staff recommended some subtle changes limiting stockpiles to 200 feet in length, 100 feet in width, and 15 feet in height, and mandated 30-ft. wide fire access lanes. Also, an increase in the size or the width of the fire lanes. Currently, a 20-foot fire lane is permitted that is between the stockpiles and the minimum will be 30 feet. These standards have been adopted by the fire district. The proposed text distinguishes between sites within and outside of the Urban Service Boundary. The code provides that hydrants must be every 250 feet and produce 750 gallons per minute inside the Urban Service Boundary unless otherwise approved by the St. Lucie County Fire District. Fire prevention will be a key part of the application. The intent is to allow more time for materials to be onsite with the proposal request for vegetative debris that shall be removed within 12 months, and if the material is being composted into topsoil, it can remain an additional 12 months. The intent of standards in aspects of operation includes stormwater management, certain equipment to be onsite, restrooms for employees, and paved employee parking inside the Urban Service Boundary. Also, the fuel tanks must adhere to all applicable local, state, and federal laws, be stored on a concrete pad, provide a secondary containment system, and 9 1 P a g e BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM be located at least 100 ft. from any stockpile. The code mandates no operational details but requires the operator to produce a detailed operational plan. A site plan prepared following the provisions governing a major site plan is required as part of the application for a CUP. Staff recommended the Board consider the proposed ordinance and schedule a public hearing on Tuesday, October 17, 2023, at 9:00 a.m., or as soon thereafter as the item may be heard, for the second reading. Commissioner Dzadovsky commented on the AG-5 process and challenges; recycling on open land, compost fires, stockpiles, provisions for operators, biosolids, commercial compost facilities, vegetative debris, rezoning, and annual site inspections. He asked if there was a process for cleaning up a property to standard after an operator leaves or the lease expires. Staff advised there is a provision that requires a financial bond to ensure the ability to respond to situations as such. The amount of the security bond or letter of credit should secure the cost of removing all accumulated vegetative debris from the site (10 acres $50,000, 10-25 acres $100,000, and 25-50 acres $150,000) required security. Also advised, biosolids of any kind are allowed in vegetative debris recycling. The applicant addressed the Board regarding the composing of biosolids and advised there would be a different application to the state to operate and the state only allows so many permits for the composting facility per County. He also addressed the Board's concerns regarding the AG-5 process and the Countywide ordinance. Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed the public hearing. Chair Townsend commented on the item and mentioned she is in concurrence to move the item forward. The Board had no further questions or comments on the item. v motion was mace to aDDrove start recommencations, anc it Dassec unanimou RESULT: APPROVE 1ST READING 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 Old Edwards Farms Rezone - A Zoning Atlas Amendment to rezone the subject +/- 18.17-acre (cumulative) Parcels from the RS-3 (Residential, Single-family -3) Zoning District, to the AR-1 (Agricultural, Residential - 1) Zoning District - THIS ITEM IS QUASI-JUDICIAL This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Jamie Fowler - Spoke with staff only. 10 1 P a g BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM Commissioner Linda Bartz - Spoke with staff only. Commissioner Larry Leet- Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff only. Chair Cathy Townsend - Spoke with staff only. Erin Elizabeth Taylor, Planning & Development Services Associate Planner, presented this item to the Board. The petitions of Whitney O'Neill, Charles Cookson, Lance & Tonya Mills, Paul & Kimberly Fasnacht, and Howard Specker to rezone five (5) parcels from the Residential Single-Family-3 (RS-3) Zoning District to the Agricultural, Residential-1 (AR-1) Zoning District. The properties are located south of Edwards Road and north of Five -mile Creek at 3121, 3111, 3126, 3129, & 3131 Old Edwards Road, Fort Pierce, FL 34981, and contain existing single-family homes and accessory structures for approximately 18.17 acres. Following the public notice requirements of the St. Lucie County Land Development Code, public notice was advertised in the St. Lucie County News Tribune on September 21, 2023. Notices were mailed to 25 surrounding property owners within a 500-foot radius, and signs were placed on the subject property. The future land use designation is Residential Urban. The proposed rezoning to the Agricultural, Residential-1 Zoning District is consistent with the Residential Urban future land use designation as per the Comprehensive Plan, land use designation zoning compatibility chart. The properties are currently Residential Single -Family 3-dwelling units per acre. The proposed rezone petition will conform to the minimum lot standards following the Land Development Code for the AR-1 Zoning District and will lower the density of the current 3-dwelling units per acre to 1- dwelling unit per acre. On June 15, 2023, the Planning and Zoning Commission voted unanimously to recommend approval. On July 11, 2023, the Board held a public hearing and voted to continue the item to allow one of the applicants at 3121 Old Edwards Road time to comply with all building codes and regulations and to close several open permits such as plumbing and windows on the property. As of September 15, 2023, all of the open permits at 3121 Old Edwards Road have been closed. The staff has reviewed this petition and determined that it conforms to the standards of review as outlined in Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the St. Lucie County Comprehensive Plan Goals, Objectives, and Policies. Rezoning actions to non -planned development districts are not eligible for conditions of approval. Staff provided acknowledgments to the applicants as part of the review process. Staff recommended the Board approve the requested rezoning for the subject parcel from RS-3 (Residential, Single -Family — 3 du/ac) to the AR-1 (Agricultural, Residential —1 du/ac) Zoning District. 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 4 Jamie Fowler SECONDER: Commissioner District 3 Linda Bartz BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 3. Carlton Road Estates - Road Paving Waiver - THIS ITEM IS QUASI-JUDICIAL Item presented in conjunction with 12.13.1. This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Jamie Fowler - Spoke with staff only. Commissioner Linda Bartz - Spoke with staff only. Commissioner Larry Leet- Spoke with staff and planner Mike McCarty. Commissioner Chris Dzadovsky - Spoke with staff only. Chair Cathy Townsend - Spoke with the developer, staff, and planner Mike McCarty. Tahir Curry, Planning & Development Services Planner I, presented this item to the Board the agenda items 11.A.3 Road Paving Wavier and 12.B.1 Major Site Plan for Carlton Estates. KOA Development LLC is requesting a Major Site Plan for an Agricultural subdivision to be known as Carlton Estates. In addition to a paving waiver to waive the paving requirements along Carlton Road. Following the public notice requirements of the St. Lucie County Land Development Code, public notice was advertised in the St. Lucie County News Tribune on September 21, 2023. Notices were mailed to 12 property owners within a 500-foot radius, and no responses have been received. The subject parcels consist of a combined total of 66.12 acres of land located east of Carlton Road, approximately 2 miles north of Glades Cut -Off Road at 9480 Carlton Road, in Port St. Lucie. The site currently has a zoning designation of Agricultural-5 (AG-5). The request is for a Major Site Plan approval for ten (10) agricultural and single-family subdivisions with a lot for stormwater and access tracts. The proposed plan will provide a private road from Carlton Road to access eight (8) of the lots. The proposed agricultural subdivision will construct a 25-foot wide paved road, with a 70-foot right-of- way, to access lots 1-8. The road design complies with county standards, including within the land development code. The site plan will include dry detention, individual ponds, and an unmanned gate. The gate will comply with the 50-foot minimum distance between the access gates and the street right-of-way for vehicle queuing and turnaround. On May 24, 2023, the Board of Adjustment approved Resolution No. 2023-006 granting a variance from the provisions of the St. Lucie County Land Development Code to allow a permanent dead-end street to exceed 1,000 feet in length. The staff advised that Carlton Road is a county -owned and maintained, substandard roadway. The applicant is requesting a waiver from the paving requirements, as well as the proportionate fair share requirements, following Section 7.05.07(B)(2) of the Land Development Code. If developed, the proposed site plan would be a small traffic generator, generating less than 100 vehicular trips per day. The paving waiver criteria of the land development code allow the Board to waive the paving requirements for small traffic generators following a public hearing if the Board determines: • The road paving is not essential to provide adequate access to the proposed development and through the surrounding area, or • The road will be paved as part of the County's five-year road program or an approved municipal service taxing or benefit unit, or 12 1 BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM • The access road does not have adequate right-of-way in which to construct the necessary paving improvements in accordance with County standards. The options for granting the waiver allow the Board to attach conditions as deemed necessary to minimize the impact of the road on the surrounding area. Carlton Road is not within the County's 5-year paving plan and is currently county -owned and maintained with the existing Right -or -Way width sufficient to meet the County's standards. The applicant provided a proportionate fair share analysis in requesting a waiver from paving, and a waiver from a fair share fee in lieu of paving. The Road Paving Waiver & Major Site Plan conforms to the Standards of Review outlined in St. Lucie County Land Development Sections 7.05.07(B)(2) & 11.02.07 is consistent with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Staff recommends the Board approve a waiver for the paving requirements and provision of a fair share contribution conditioned upon a requirement subject to the Conditions. • The developer shall include language on the Plat stating that the owners, heirs, and assigns of the lots known as Carlton Road to participate and shall be a "yes" vote in any lawfully established MSTU, MSBU, or other special assessment district created for the purpose of providing paving and/or drainage improvements to Carlton Road that serve the subject property. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. • Mike McCarty With no one else wishing to address the Board, Chair Townsend closed the public hearing. The Board did not have any questions or comments on this item. 4 motion was made to approve statt recommendations, and it passed unanimous 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 4. Comprehensive Plan Text Amendment - Lennar Homes Proposal to amend the Towns, Villages & Countryside (TVC) Element - THE APPLICANT HAS REQUESTED A CONTINUANCE TO THE 11/7/2023 BOCC MEETING Item presented in conjunction with 11.A.5. Kori Benton, Planning & Development Services Planning Manager, presented this item to the Board. Although this item was noticed adequately for the public hearing, the applicant's team requested a continuance of the Towns, Villages & Countryside (TVC) Element amendment to the November 7, 2023 BOCC meeting agenda. Staff recommended the Board consider that request and continue the item. 13 1 P a g BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM Dan McIntyre, County Attorney, advised the Board that due to the continuance of the item, Quasi -Judicial disclosures will be deferred until the continuation date. He advised the public that comments would be more impactful if stated on the continuation date. If unable to attend the meeting, they could address the Board during the current 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. Chair Townsend informed the applicant that a study is currently underway with the Regional Planning Council which may have relevance to the item being discussed. The Chair asked if the applicant would like to delay the continuation of the meeting until after the study is completed, which may be beneficial. The Chair suggested either a January or February meeting date. The applicant addressed the Board and advised them they would like to monitor the study and keep the November 7, 2023 continuation date. Commissioner Dzadovsky commented on the Regional Planning Council and TVC study. The Board had no further questions or comments on the item. A motion was made to approve the staff recommendation to continue the item to the November 7, 2023, Regular Meeting Agenda, or soon thereatter, and it passed unanimously. RESULT: CONTINUE 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 5. Land Development Code Text Amendment - Lennar Homes Proposal to Amend the Towns, Villages & Countryside (TVC) Overlay - THE APPLICANT HAS REQUESTED A CONTINUANCE TO THE 11/7/2023 L101414k&L"11ZIcI Item presented in conjunction with 11.A.4. Kori Benton, Planning & Development Services Planning Manager, presented this item to the Board. Although this item was noticed adequately for the public hearing, the applicant's team requested a continuance of the Towns, Villages & Countryside (TVC) Overlay amendment to the November 7, 2023 BOCC meeting agenda. Staff recommended the Board consider that request and continue the item. 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 the November 7, 2023, 14 1 BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM ular Meeting Agenda, or soon thereafter, and it passed unanimously. RESULT: CONTINUE 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 B. PUBLIC WORKS 1. Creekside Mining Permit Exemption Daniel Zrallack, County Engineer, presented this item to the Board. Creekside Community Development District (CDD) and D.R. Horton have filed a Mining Permit exemption application for the removal of excess soil material associated with the construction. A public hearing notice was placed in the St. Lucie News Tribune on September 18, 2023, mail notices were sent to property owners within 500 feet, and a sign was placed on the property. The Creekside Planned Unit Development (PUD) property includes 179 acres of undeveloped land, located on the south side of Okeechobee Road/State Road 70 between Gentile Road and Eleven Mile Road in St. Lucie County. Creekside PUD is currently in the permitting process for a site development permit and includes 443 Single -Family Homes, 337 Townhomes, a 5.5-acre Residential/Commercial area, 5.1 acres of Public Park and Recreational areas, and various associated onsite amenities. In November 2004, the preliminary PUD was approved, and in October 2005, the final PUD was approved. A site development permit has not been finalized at this time. The Creekside PUD project includes the excavation of 52.9 acres of stormwater retention areas, including 33.8 acres of lakes and a 19.1-acre filter marsh located on the north side of Ten Mile Creek. The lakes have a maximum water depth of 12 ft. Some of the excavated fill will be used onsite for masquerading and an estimated 900,000 cubic yards of surplus material will need to be hauled offsite, which is equivalent to 45,000 dump truck loads of material. The applicant has requested 32 months with a completion date of May 31, 2026, in participation that a majority of the hauling will occur upfront during the excavation of the stormwater areas due to the current demand for fill material and the avoidance of cost associated with stockpile materials. Creekside PUD filed an application requesting an exemption from the requirements of a mining permit to allow for the off -site removal of excavated materials over 100 cubic yards originating from the development of the onsite stormwater management areas. Land Development Code 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. The request for the Board to consider offsite removal of material of more than 100 cubic yards from the on -site development 52.9 acre stormwater management areas there previously approved. The proposed mining permit exemption and hauling activities, including operational time limits defining the temporary nature of the activity and haul route, minimize any adverse effect on the immediate vicinity. Staff recommended approval of the Mining Permit Exemption, with the following Conditions of Approval: • The removal of excavated material under this exemption shall be performed and completed by May 15 1 P a g BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM 31, 2026. The hauling operation is limited to Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m., 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 written approval of hauling completion from the County. The County will inspect the haul route, including but not limited to, Okeechobee Road (State Road 70), during and following the hauling operation. Creekside PUD and D.R. Horton 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 effects 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. Staff recommended the Board provide approval of the mining permit exemption with certain conditions. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. • Peter Barton • James Pace • Janielle Desmangles • Steven Duolingo • Connie Grime • Brian Noland With no one else wishing to address the Board, Chair Townsend closed the public hearing. The Board discussed the concerns of the public regarding the approval and request to defer the application and the failure of the developer to provide certain critical safety, security, and asset management amenities, and vehicular access gates as promised to the residents of phase one and two of the project. The Board also addressed concerns regarding the Community Development District and the South Florida Water District. Brian Nolan, representative for the applicant, addressed the Board regarding the approval to move forward and the concerns of the public (amenities), permitting and the minor site plan submitted to the Planning and Development Services Department. Chair Townsend expressed her concerns about moving the item forward and asked the County Attorney if the Board had the authority to deny the item based on public concerns. Mr. McIntyre suggested continuing the item to allow staff and the developer the opportunity to provide an update on the amenities promised 16 1 BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM to the residents and the process of completion. He advised the continuance would also provide the Board with more time to obtain more information. Mr. McIntyre recommended a continuance to the November 6, 2023 meeting at 6:00 p.m. to allow public comment. A motion was made to approve the staff recommendation to continue the item to the November 7, 2023, uiar ivieetinR Haenaa, or soon tnerearter, ana it aassea unanimous RESULT: CONTINUE 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 12. REGULAR AGENDA A. ADMINISTRATION 1. Appointment to the Treasure Coast Education, Research & Development Authority George Landry, County Administrator, presented this item to the Board. There is an At -Large vacancy on the Treasure Coast Education, Research & Development Authority. Applications were submitted by 8 qualified applicants for Board consideration. The Treasure Coast Education, Research & Development Authority held a publicly noticed meeting on August 24, 2023, to review the applications, and voted to recommend Mark A. Ritenour for the At -Large vacancy. Staff recommended that the Board members vote and appoint one representative to fill an At -Large position on the Treasure Coast Education, Research & Development Authority Board. The listed candidates' names are Donna M. Cyrus, Paige McGuire, Pamela McNair, Jaime J. Morales, Stefan Obel, Mark Ritenour, Harvey Taylor, and Melanie J. Trewyn. Each commissioner was provided a ballot preference sheet and was directed to indicate the top candidate believed to be the best choice. George Landry, County Administrator, announced each Commissioner selected candidates from the tally sheets. Candidate Commissioner Commissioner Commissioner Commissioner Commissioner Total Dzadovsky Leet Bartz Townsend Fowler Mark * * * * 4 Ritenour Melanie J. * 1 Trewyn 17 1 BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM The Board did not have any questions or comments on this item. A motion was made to approve and ratify the appointment of Mark Ritenour to the Treasure Coast Education, Research & Development Authority -At -Large Vacancy, and it passed unanimously. RESULT: APPOINT - MARK RITENOUR 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 B. PLANNING & DEVELOPMENT SERVICES 1. Carlton Estates Major Site Plan Item presented in conjunction with 11.13.3. Tahir Curry, Planning & Development Services Planner I, presented this item to the Board the agenda items 11.A.3 Road Paving Wavier and 12.13.1 Major Site Plan for Carlton Estates. KOA Development LLC is requesting a Major Site Plan for an Agricultural subdivision to be known as Carlton Estates. In addition to a paving waiver to waive the paving requirements along Carlton Road. Following the public notice requirements of the St. Lucie County Land Development Code, public notice was advertised in the St. Lucie County News Tribune on September 21, 2023. Notices were mailed to 12 property owners within a 500-foot radius, and no responses have been received. The subject parcels consist of a combined total of 66.12 acres of land located east of Carlton Road, approximately 2 miles north of Glades Cut -Off Road at 9480 Carlton Road, in Port St. Lucie. The site currently has a zoning designation of Agricultural-5 (AG-5). The request is for a Major Site Plan approval for ten (10) agricultural and single-family subdivisions with a lot for stormwater and access tracts. The proposed plan will provide a private road from Carlton Road to access eight (8) of the lots. The proposed agricultural subdivision will construct a 25-foot wide paved road, with a 70-foot right-of- way, to access lots 1-8. The road design complies with county standards, including within the land development code. The site plan will include dry detention, individual ponds, and an unmanned gate. The gate will comply with the 50-foot minimum distance between the access gates and the street right-of-way for vehicle queuing and turnaround. On May 24, 2023, the Board of Adjustment approved Resolution No. 2023-006 granting a variance from the provisions of the St. Lucie County Land Development Code to allow a permanent dead-end street to exceed 1,000 feet in length. The staff advised that Carlton Road is a county -owned and maintained, substandard roadway. The applicant is requesting a waiver from the paving requirements, as well as the proportionate fair share requirements, following Section 7.05.07(B)(2) of the Land Development Code. If developed, the proposed site plan would be a small traffic generator, generating less than 100 vehicular trips per day. The paving waiver criteria of the land development code allow the Board to waive the paving requirements for small traffic generators following a public hearing if the Board determines: • The road paving is not essential to provide adequate access to the proposed development and through the surrounding area, or • The road will be paved as part of the County's five-year road program or an approved municipal service taxing or benefit unit, or OR BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM • The access road does not have adequate right-of-way in which to construct the necessary paving improvements in accordance with County standards. The options for granting the waiver allow the Board to attach conditions as deemed necessary to minimize the impact of the road on the surrounding area. Carlton Road is not within the County's 5-year paving plan and is currently county -owned and maintained with the existing Right -or -Way width sufficient to meet the County's standards. The applicant provided a proportionate fair share analysis in requesting a waiver from paving, and a waiver from a fair share fee in lieu of paving. The Road Paving Waiver & Major Site Plan conforms to the Standards of Review outlined in St. Lucie County Land Development Sections 7.05.07(B)(2) & 11.02.07 is consistent with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Staff recommended the Board approve the Carlton Estates Major Site Plan, subject to the following conditions outlined in Resolution No. 2023-166, authorizing the Chair to sign documents as approved by the County Attorney subject to the Conditions. • The developer shall include language on the Plat stating that the owners, heirs, and assigns of the lots known as Carlton Road to participate and shall be a "yes" vote in any lawfully established MSTU, MSBU, or other special assessment district created for the purpose of providing paving and/or drainage improvements to Carlton Road. • Within 180 days of issuance of a vegetation removal permit or exemption, all Category I listed invasive plant species shall be removed from the site. • A vegetation removal permit or exemption shall be issued by the Environmental Resources Department. • Listed species surveys shall be updated as necessary per individual species -specific requirements. The Board did not have any questions or comments on this item. Chair Cathy Townsend passed the gavel to Vice -Chair Linda Bartz. Commissioner Townsend made a motion to approve (staff recommendations). Commissioner Jamie Fowler seconded the vote. After the vote, Vice - Chair Bartz passed the gavel back to Commissioner Townsend, and she retained her position as Chair. 4 motion was made to approve statt recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 13. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Special meeting to hold public hearings to consider development applications regarding proposed mining operations on Thursday, October 5, 2023, at 6 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 19 1 P a g BOCC Regular Meeting Tuesday, October 3, 2023 6:00 PM B. The Board of County Commissioners will hold an Informal meeting on Tuesday, October 10, 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 Special meeting to hold public hearings to consider the adoption of a comprehensive plan future land use map amendment for Oak Ridge Ranches on Thursday, October 12, 2023, at 6 p.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 Regular meeting on Tuesday, October 17, 2023, at 9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 14. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 7:49 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. 20 1 P a g