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HomeMy WebLinkAboutMinutes 12.05.202391rc LUCE W49ft 11 L"C", P La©n BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting December 5, 2023 1. CALL TO ORDER Convened: 6:00 PM Adjourned: 8:20 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 JoAnn Riley, Property Acquisition Manager Benjamin Balcer, Planning & Development Services Director Kori Benton, Planning & Development Services Planning Manager 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 Special Mosquito Control Meeting S. 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 4 Jamie Fowler SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler BOCC Regular Meeting Tuesday, December 5, 2023 6:00 PM 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. The following people addressed the Board: • James Clasby addressed the Board regarding the American Library Association (ALA) termination of contributions and non -censorship of selective literature. • Clyde Mitchell Jr. addressed the Board regarding a condemned property on Ave S in Fort Pierce. • Chris Peterson, on behalf of Fortify Financial, addressed the Board regarding an ongoing issue with the Florida PACE agency in St. Lucie County. • Robert Myers, on behalf of Leak Buster Roofing, addressed the Board regarding Fortify funding and non-payment due to the hold of the Florida PACE agency in St. Lucie County. • Geoffrey Pollack addressed the Board regarding Fortify Funding and the Florida PACE agency in St. Lucie County. • John Pankraz, on behalf of Elite Electric Plumbing & Air, addressed the Board regarding Fortify Funding and the Florida PACE agency in St. Lucie County. • Chris Nard, CEO of Fortify Financial, addressed the Board regarding business with the Florida PACE agency in St. Lucie County, unfinished construction due to the hold on the program, and changes to be added to the tax roll. • Susan Millette addressed the Board regarding the discharging of firearms on public property/residential properties and changes to the Florida statutes for more safety. With no one else wishing to address the Board, Chair Townsend closed public comment. Chair Townsend and the Board members responded to the public's concerns regarding the discharge of firearms on public property/residential properties. They have also addressed the Florida PACE Agency and requested the Board to consider holding an informal discussion in January. The discussion will be regarding making adjustments with Fortify Funding and several open loans that are still pending and will be limited due to the pending lawsuit with PACE. 8. PROCLAMATIONS APPROVAL There were no items scheduled. 9. APPROVAL OF MINUTES A motion was made to approve all minute sets, 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 Pa BOCC Regular Meeting Tuesday, December 5, 2023 6:00 PM NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the BOCC 4-County Meeting of October 27, 2023. B. Board of County Commissioners minutes for the BOCC Regular Meeting of October 17, 2023. C. Board of County Commissioners minutes for the BOCC Special Meeting of October 12, 2023. D. Board of County Commissioners minutes for the BOCC Reorganization Meeting of November 14, 2023. 10. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Jamie Fowler SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists Old Year: 56-57 New Year: 4, 5, 7, 8 Adopted by Consent Vote B. ADMINISTRATION 1.2024 Federal Program Staff recommended approval of the 2024 Federal Program, and edits to the document as approved by the County Attorney. Adopted by Consent Vote 2. Ratification and Extension of At -Large Members of Current Advisory Board Terms through January 2024 Staff recommended Board approval to ratify the current advisory board members and extend any expiring terms of at -large members of current Advisory Boards through January 2024. Adopted by Consent Vote 3 1 P a g e BOCC Regular Meeting Tuesday, December 5, 2023 6:00 PM C. COUNTY ATTORNEY Contract for Sale and Purchase - Jean-Larice Despagne and Martine Despagne - 50 parcels off Turnpike Feeder Road Staff recommended the Board approve the contract for sale and purchase from Mr. and Mrs. Despagne, authorize the Chair to sign the contract, direct staff to proceed with the closing, and record the warranty deed in the public records of St. Lucie County, Florida. Adopted by Consent Vote 2. Revocable License Agreement - 390 SE Airoso Boulevard - River Park - Unit 6 - Richard and Florence Hauser - Parcel ID 3419-545-0012-000-6 Mr. and Mrs. Hauser are requesting a Revocable License Agreement to install a 5' chain -link fence with two gates along the north and south sides of the property, within the County's 6' Drainage/Utility Easement and a 5' chain -link fence with a gate along the west side of the property within the County's 20' Drainage/Utility Easement per the Restrictive Covenants recorded in OR Book 38, Page 327. They understand if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at their expense. Engineering, Road & Bridge, Water Quality, and the City of Port Saint Lucie have reviewed the revocable license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. and Mrs. Hauser to pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 3. Job Growth Investment Grant for Treasure Coast Food Bank for Creation of 53 New Jobs Staff recommended the Board approve the Job Growth Investment Grant Agreement with Treasure Coast Food Bank and authorize the Chair to sign the agreement. Adopted by Consent Vote 4. Resolution No. 2023-223 - Right -of -Way Donation - 40' of Right -of -Way along Emerson Avenue - Benjamin and Kimberly Goodwin - Parcel ID 1326-321-0002-000-4 Mr. and Mrs. Goodwin submitted a project known as 3130 Emerson Avenue Lot Split to Planning and Development Services. During the review process, it was determined by Public Works that Emerson Avenue is a substandard right-of-way. Public Works requested Mr. and Mrs. Goodwin, convey to St. Lucie County 40' of right-of-way along Emerson Avenue. Mr. and Mrs. Goodwin has requested to dedicate the right-of-way to St. Lucie County prior to lot split approval. 4 1 P a g e BOCC Regular Meeting Tuesday, December 5, 2023 6:00 PM The proposed warranty deed is attached for your review, approval, and acceptance. Staff recommended the Board accept the warranty deed from Mr. and Mrs. Goodwin, authorize the Chair to sign the resolution, and direct staff to proceed with the closing and record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5. Contract for Sale and Purchase - Chick -A -Dee Bird Seed LLC - Parcel ID 3403-502-0081-140-1 Staff recommended the Board approve the contract for sale and purchase from Chick -A -Dee Bird Seed LLC, authorize the Chair to sign the contract, direct staff to proceed with the closing and record the warranty deed in the public records of St. Lucie County, Florida. Adopted by Consent Vote 6. Contract for Sale and Purchase - Drainage Easement - Walter and Cheryl Brett - 1612 S. Indian River Drive - Parcel ID 2415-411-0001-020-9 Staff recommended the Board approve the Contract for Sale and Purchase of a Drainage Easement with Walter and Cheryl Brett, authorize the Chair to sign the contract and drainage easement, direct staff to proceed with the closing and record the drainage easement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 7. Resolution - Adopting a Revised Excessive Force Policy Staff recommended the Board adopt the proposed resolution as drafted and approved by the County Attorney. Adopted by Consent Vote 8. Revocable License Agreement - Glades Cut Off Road - TTP PSL, LLC TTP PSL, LLC is requesting a Revocable License Agreement to install (1) 6" Flex electrical conduit via bore, across the County right-of-way of Glades Cut -Off Road. They understand if the County Engineer determines the installation is causing flooding, drainage problems, or for other needs in the area, the installation will need to be removed or relocated at their expense. Engineering, Road & Bridge, Water Quality, and the City of Port St. Lucie Utilities have reviewed the revocable license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement, and direct TTP PSL, LLC pay to record the agreement in the public records of St. Lucie County, Florida. 5 1 P a g E BOCC Regular Meeting Tuesday, December 5, 2023 6:00 PM Adopted by Consent Vote D. COMMUNITY SERVICES FY 2023 HOME Investment Partnerships Program Agreement - Requesting Board Approval to Enter into a Funding Agreement with the U.S. Department of Housing and Urban Development (HUD) in the Amount of $1,067,599.00 Staff recommended Board approval of the FY2023 HUD HOME funding agreement in the amount of $1,067,599.00; and permission for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote E. ENVIRONMENTAL RESOURCES 1. Piggyback FWC17/18/82 Vegetation Management Continuing Contract with Native Creations, Inc. Staff recommended the Board approve to piggyback off FWC17/18-82 with Native Creations, LLC, and authorize the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote AIZ1Y0]:ZW_IW11 Lei i1La"01:IZ19ROICVA 1. Governmental Management System Hosted Application Service and License Agreement with Sarasota County Staff recommended Board approval for the governmental management hosting application service agreement through Sarasota County, known as Govmax, for a term of three years in the amount of $207,653.99 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote G. PLANNING & DEVELOPMENT SERVICES 1. Pineapple Kelly Plat - Proposed Plat to Subdivide a +/- 194.93 Acre Property into a Five (5) Lot Residential Subdivision Staff recommended the Board approve the Pineapple Kelly Plat, authorizing the Chair to sign the plat as approved by the County Attorney. Adopted by Consent Vote :A013ca"111111111MI 1. Grant Modification Acceptance - FEMA Project Grant for Emergency Generator through the Florida Division of Emergency Management (FDEM), Mitigation Bureau, Hazard Mitigation Grant Program Staff recommended Board approval of the attached grant agreement modification in the amount of $63,265.50 between St. Lucie County and the Florida Division of Emergency Management (FDEM) for 6 1 P a g e BOCC Regular Meeting Tuesday, December 5, 2023 6:00 PM the purchase and installation of a permanent stand-by generator at the HEW Water Treatment Plant and authorize the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote I. PUBLIC WORKS 1. Award contract to Johnson, Mirmiran & Thompson, Inc. in the amount of $196,594.00 for the Construction Monitoring (CEI) and Materials Testing Services for the Melville Road Drainage Improvements Phase II Project - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended Board approval to award a contract to Johnson, Mirmiran & Thompson, Inc. in the amount of $196,594.00 for the CEI and GEO Services for the Melville Road Drainage Improvements Phase II project; and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Request to amend WA #5 to increase the compensation to Culpepper and Terpening, Inc. for Construction Monitoring on the Oleander Avenue Sidewalk from Midway Road to South Market Avenue Project in the amount of $48,150.00 - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended the Board approve the 5th amendment to work authorization no. 05 and the attached scope and fee proposal from Culpepper & Terpening, Inc. in the amount of $48,150.00 and extend the completion date until June 30, 2024. Adopted by Consent Vote J. TRANSIT 1. MV Transportation - Fourth Amendment to the Master Contract to Provide for Extended Service Hours for Microtransit to Accommodate Transportation to and from the Port St. Lucie Express Service, which is scheduled to begin in early 2024. Staff recommended the Board approve the contract amendment as specified in the attached document and authorize the Chair to sign applicable documents as approved by the County Attorney. Adopted by Consent Vote 11. PUBLIC HEARINGS I'_W419111 Z It we -A I to].] Z IWA 1. Resolution No. 2023-222 - Public Hearing to Abandon a portion of Sandridge Road, a County -Owned and Maintained Right -of -Way JoAnn Riley, Property Acquisition Manager, presented this item to the Board. The Notice of Intent to Abandon was advertised in the St. Lucie News Tribune on October 5, 2023, and October 12, 2023, notices 7 1 P a g e BOCC Regular Meeting Tuesday, December 5, 2023 6:00 PM were sent to property owners within 500 feet of the subject property, and a sign was placed on the property, and currently and no objections have been received. Public Works is requesting to abandon a portion of Sandridge Road located in Section 33, Township 34 South, Range 40 East. As part of the North Bridge project, the Florida Department of Transportation (FDOT) will extend Juanita Avenue East to Old Dixie Highway and signalize the intersection of North U. S. Highway 1 and Juanita Avenue. Sandridge Road is close to the North U. S. Highway 1 and Juanita Avenue intersection and does not meet the minimum spacing requirements. Once expanded, additional conflict movements will occur. Florida Power & Light Company, AT&T, and Comcast have provided written consent to the abandonment. Fort Pierce Utility Authority has stated that they are willing to consent to the abandonment if St. Lucie County is willing to grant an easement to Fort Pierce Utilities Authority for the utilities currently in place. Staff recommended that the Board approve Resolution No. 2023-222, authorize the Chair to sign the Resolution and Easements in favor of Fort Pierce Utilities Authority, instruct staff to publish the final notice of abandonment and record the Resolution and the proofs of publication and Easements 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 had no questions or comments on the item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None B. PLANNING & DEVELOPMENT SERVICES 1. Hutchinson Island - Building Height Zone - Ordinance No. 24-XXXA and 24-XXXB - THIS ITEM WAS CONTINUED FROM 11/7/23 Benjamin Balcer, Director, and Kori Benton, Planning Manager of Planning & Development Services presented this item to the Board. Following the public notice requirements, a public hearing notice for the two proposed ordinances was advertised in the St. Lucie News Tribune, on November 22, 2023. The item was continued from the November 7, 2023, BOCC meeting. The item is a county -initiated Land Development Code text amendment related to the Hutchinson Island Height Overlay Zone, specifically an area of South Hutchinson Island consisting of 3 parcels north of the Regency Condominium. The Board adopted Ordinance No. 95-001 on January 10, 1995, establishing the Hutchinson Island Building Height Overlay Zone. The overlay zone established two height limits, with Zone A allowing for a maximum building height of 125 feet and Zone B allowing a building height of 35 feet. The 1995 ordinance that was incorporated into the Land Development Code includes a series of maps, metes, and bounds legal 8 1 P a g e BOCC Regular Meeting Tuesday, December 5, 2023 6:00 PM descriptions to delineate the lines between Zone A and Zone B. The purpose of the agenda item is to process a text amendment to correct the discrepancy in the Land Development Code that has existed since the establishment of the Hutchinson Island Height Overlay Zone. The discrepancy in question is the establishment of where point Zone "A" ends, and Zone "B" begins between the legal description, code, and map in Figure 4.5E identifying the south portion of Hutchinson Island. The discrepancy includes three oceanfront parcels, including the County's Normandy Beach access park. The effect of the discrepancy is significant because the allowable building height in Zone A is 125 feet and the building height in Zone B is 35 feet. The question of the item is the Board's intentions in the adoption of the Hutchinson Island Overlay in 1995. The item does not amend the underlying HIRD Zoning District for the parcels and is not associated with a proposed development application or land swap. Staff provided an overview of the Ariel maps and legal descriptions from the Land Development Code and within the Code specifying where the lines are divided between Zone A/125 ft. and Zone B/35ft. around South Hutchinson Island. The legal description identifies a north line of Section 34, Township 36 South, Range 41 East coinciding with the northern property line of the County's Normandy Beach access park. Which is the northern of the three parcels in question and identified on the map. Figure 4.5E in the staff report identifies the northern extent of Zone A/125 ft. height allowance, the north property line of the Regency Island Dune condominium as also shown on the map. The staff drafted two ordinances for the Board's consideration. Ordinance A seeks to amend the legal description to match the depiction of the zones found on the map in Figure 4.5E and Ordinance B seeks to amend Figure 4.5E to align the map with the existing legal description found within the code. Staff provided findings in support of the options, including a limited list to the Board. The Planning & Zoning Commission heard the item and voted 6-2 on October 19, 2023, recommending the Board approve Ordinance B, indicating the Metes & Bounds Legal Description shall control, and Figure 4.5E be amended to reflect the three parcels within Zone A with the 125 ft. height limitation. Staff recommended the Board review the input provided by the Planning and Zoning Commission, as well as staff's presentation and public comments provided at the hearing, and vote to schedule either Draft Ordinance 23-XXXA or Ordinance 23-XXXB for an adoption hearing at the regularly scheduled Board of County Commissioners meeting on January 9, 2023, beginning at 6:00 PM or as soon thereafter as may be heard. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board regarding the legal description of Zone A/B, the previous Boards' intentions in the adoption of the Hutchinson Island Overlay, text/map amendment, identification of scrivener/map error, developers, and height limitations: • Gary Oldehoff (attorney) • Lou Viglotti • Jeff Robbins • Lee Baggott • Dennis Murphy • Charles Grady • Joann McCann • Katherine Fitzgerald 01 BOCC Regular Meeting Tuesday, December 5, 2023 6:00 PM • Dr. Michael Riordan • Greg Simmons • Wendy Robbins With no one else wishing to address the Board, Chair Townsend closed the public hearing. The Board discussed the concerns of the public regarding South Hutchinson Island's level of service, nuclear plant, safety, historical road improvements, density, beach access swap, text/map amendment, building separation equation, height limitations, legal description of Zone A/B, emailed concerns of the public regarding the metes and bounds, and future site plans. Upon discussion, Commissioner Dzadovsky requested the County Attorney to explain the Bird Harris Act. Dan McIntyre, the County Attorney, explained the Harris Act, which is usually generated by courts, both federal and state. The act essentially states that if someone's reasonable use of their property is taken away, along with their investment -backed expectations, and there is no reasonable alternative, then it is a violation of their rights. In the mid-90s, Florida decided that the protections offered by the state legislature were not enough for private property owners. He advised the Bird Harris Law goes beyond the Takings Law, stating that if the government impairs someone's existing right, there is potential legal action against it. The person who feels that the law has been violated can file a petition that goes through the legal process, which may result in damages and attorneys' fees being paid if the court finds a violation of the Bird Harris Law. The cut-off of the law was May 11, 1995, and the County ordinance that was passed was in January/February 1995 and the County is not subject to the Bird Harris Law. Commissioner Fowler inquired if any site plans had been submitted for the two parcels south of Normandy but north of Regency since the ordinance, and if they were 35ft. or 125ft. Staff advised in 2006 the Planning and Development Department, in partnership with the Development Review Committee, evaluated a site plan with Ocean Kay. They were pursuing a single-family condominium development across the properties, and it was not at significant heights. In 2016, the owners at that time filed a pre -application request for a potential development proposal seeking a height above 35 ft., of which the specific height was 42 ft. Mr. McIntyre commented and clarified the item is the first public hearing and encouraged the Board to bring both ordinances back in January to make a decision. He also provided his opinion on the previous Board's intentions in 1995 and the text discrepancy. Chair Townsend commented and recommended the item move forward to the second reading to reach a final decision on January 9, 2024. A motion was made to approve staff recommendations, to move the item forward to the January 9, 2024, BOCC meeting or as soon thereafter as may be heard for the second reading, and it passed unanimously. 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 10 1 BOCC Regular Meeting Tuesday, December 5, 2023 6:00 PM I EXCUSED: None I Break- 7:54 PM Reconvene- 8:04 PM 2. County Initiated Land Development Code Text Amendment to Backyard Chickens Benjamin Balcer, Director, and Kori Benton, Planning Manager of Planning and Development Services, presented this item to the Board. Following the public notice requirements of the St. Lucie County Land Development Code, an advertisement for the public hearing was published in the St. Lucie County Tribune on November 22, 2023. The proposed text amendment was related to specifically the required buffering between registered chicken coops and adjacent properties. Following the public notice requirements an advertisement for the public hearing was published in the St. Lucie County Tribune on November 22, 2023. In 2020, the St. Lucie County Board adopted regulations pertaining to the Backyard Chicken Registration program allowing residents within an occupied Residential Zoning District to keep up to 5 hen chickens. The adopted language included the location and buffering requirements for the chicken coops. The coops must be in the rear of the yard, meet applicable setbacks, and be screened from adjacent properties and right away but a 6 ft. tall opaque fence or wall located on the property line. The purpose of the text amendment is to provide an option to allow for vegetative buffering as an alternative to installing an opaque fence or wall to satisfy the screening requirements for the coop. Additionally, the drafted language provides flexibility by removing the requirement for the screening located on the property line and allowing it to be placed in another location rear of the yard. The drafted ordinance provides the option to plant or preserve evergreen shrubs that can be maintained at a minimum of 6 ft. to satisfy the buffering requirements. Also allows for the required buffering to be between the registered chicken coop and the property line not specifically on the property line. The amendment enhances the existing land development code language and provides flexible options for residents who would like to participate in the program. The Planning and Zoning Commissioner heard the item at their September 28, 2023, meeting and unanimously recommended approval. Staff recommended the Board vote to approve Ordinance No. 2023-17 as drafted by County staff. 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 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None BOCC Regular Meeting Tuesday, December 5, 2023 6:00 PM Discussion Chair Townsend commented on having an informal discussion regarding pigs regarding the allowance in residential neighborhoods for 4-H families behind private fences in February 2024. 3. A County Initiated Land Development Code Text Amendment for the Allowance for Additional Height of Non -habitable Accessory Features and Mechanical Equipment, and to Allow the Height of Certain Accessory Structures within Residential and Agricultural Zoning Districts to Extend over the Maximum Height of the Primary Structure when Certain Provisions are Met Benjamin Balcer, Director, and Kori Benton, Planning Manager of Planning and Development Services presented this item to the Board. The first reading for a County -initiated Land Development Text Amendment, if adopted, would allow for limited additional height limits for non -habitable architectural features, mechanical equipment, and expanded allowance for accessory features. The Item was originally discussed at the September Informal Board meeting where staff was requested to bring drafted language back in the form of a County -initiated text amendment. Following the public notice requirements, an advertisement for the public hearing was published in the St. Lucie County Tribune on November 22, 2023. The first component of the amendment would allow for non -habitable, architectural, and mechanical features such as parapets, chimneys, spires, elevator machinery, and shafts to exceed the maximum building height within the established zoning district for a single-family development by no more than 5 ft. and for multifamily and commercial development up to 20%, not to exceed an allowance of 12 ft. and the area is limited to no more than 10% of the roof area. To distinguish the components for single-family traditionally would be more cupolas, dormers, and other architectural features. Also, it is not anticipated to have a room or a functional space but to avoid stifling creativity and design. For multifamily, the allowance to accommodate typical fixtures or mechanical equipment that would be seen in the development, such as an elevator shaft and machinery. Those elements are between 8 ft and 12 ft and would need to be mounted on the rooftop allowing those items to be screened with a parapet or other design features. The second portion of the ordinance clarifies allowances for detached garages, reports, and enclosed accessory structures for single-family development in residential and agricultural districts. The ordinances look to provide specified and clarified standards. In the County, the height of the entire building structure is determined by the minimum finish grade or the regulatory flood elevation. For flat roofs and mansard roofs, the County measures from the point to the peak. In the case of Gable roofs that have a slope or hip roofs that also have a slope, it measures the mean or average roof height. For this Code, the minimum finished grade shall be that elevation, for both residential and nonresidential uses, required to meet minimum flood protection regulations. Also, because of this code, roof -mounted solar energy panels are exempt from the building height limitations. Staff is permitted up to 2ft. parapet or similar architectural features. The City of Fort Pierce has a 20% figure for non -habitable architectural features. Martin County has a range between 4-8 ft. allowance for roof structures similar to non - habitable architectural features and Indian River County has 5ft. for parapets/similar. The Planning & Zoning Commission heard this petition at their November 16, 2023, meeting and voted unanimously to recommend approval of the incorporated Multi -family and Commercial design allowance. Part two of the ordinance that pertains to accessory structures is a summary of the existing code that specifies that any accessory structure or use must be in line with the intended area, extent, and purpose. This guideline would also cover the height of such structures, as per the definition. The amendment would allow residents to 12 1 P a g BOCC Regular Meeting Tuesday, December 5, 2023 6:00 PM propose non-commercial garages, carports, and enclosed storage structures to exceed the height of the primary structure, with a height limit of 20 ft. in residential zoning districts and 25 ft. in agricultural zoning districts, when the accessory structure is located a minimum of 5 ft. behind the front fagade of the primary structure. The specific location provision is intended to reduce the visual impact of the taller accessory structure. Staff recommended the Board pass a motion to schedule the adoption hearing for the proposed amendment at the January 9, 2024, regularly scheduled meeting beginning at 6:00 PM or as soon thereafter as may be heard. Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed the public hearing. Commissioner Dzadovsky commented on the item and request received from the public. The Board did not have any further questions or comments on this item. A motion was made to approve statt recommendations, and it passed unanimously. RESULT: APPROVE 1ST READING 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 12. REGULAR AGENDA There were no items scheduled. 13. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Informal meeting on Tuesday, December 12, 2023, at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, December 12, 2023, at 1 pm 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 8:20 PM. Please note: Final minutes are recorded in the official minute books filed with the Clerk of the Circuit Court 13 1 BOCC Regular Meeting Tuesday, December 5, 2023 6:00 PM and available for inspection upon request. 14 1