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HomeMy WebLinkAboutMinutes 06.07.2022LUCE V C.z BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting June 7, 2022 Convened: 6:00 PM Adjourned: 9:30 PM 1. CALL TO ORDER he meeting was Called to order at U6:UU rM Dy District No. S, Chair Linda bariz Present Commissioner Sean Mitchell District 2, Commissioner Chris Dzadovsky District 1, Commissioner Linda Bartz District 3, Commissioner Cathy Townsend District 5 Absent Commissioner Frannie Hutchinson District 4 Also Present Howard Tipton, County Administrator Mark Satterlee, Deputy County Administrator Alphonso Jefferson, Deputy County Administrator Katherine Barbieri, Assistant County Attorney III Caroline Valentin, Assistant County Attorney Benjamin Balcer, Planning & Development Services Assistant Director Mayte Santamaria, Planning & Development Services Director Kori Benton, Planning & Development Services Assistant Planning Manager Kristopher McCrain, Planning & Development Services Associate Planner Tahir Curry, Planning & Development Services Associate Planner Patrick Dayan, Water Quality Division Manager Frank Amandro, Criminal Justice Director Rangel Guerrero, Public Safety Director George Landry, Director of Public Utilities Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Mitchell opened the meeting for public comment at this time. The following people addressed the Board: • Mark Derosa addressed the Board regarding housing affordability in St. Lucie County, the effects of property taxes on housing, and lowering millage rates. • Pamela McKnight addressed the Board regarding purchasing dirt from the Ravinia Project to have hauled to her home. • Paul Schall addressed the Board regarding storm drainage repair for the upcoming rainy season. With no one else wishing to address the Board, Chair Mitchell closed public comment. 5. APPROVAL OF MINUTES A motion was made to approve all minutes sets and passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the BOCC Informal Meeting of May 10, 2022. B. Board of County Commissioners minutes for the BOCC Regular Meeting of May 17, 2022. 6. PROCLAMATIONS APPROVAL A. Resolution No. 22-104 - Honoring FPR Local Control Christopher "Chip" Flores and FPR Operational Supervisor Justin Boyle from Treasure Coast International Airport The deputy clerk read the proclamation into the record. A motion was made to adopt the Resolution, and it passed unanimously. Chair Mitchell presented the proclamation to Operations Supervisor Justin Boyle and Air Traffic Control Specialist Christopher "Chip" Flores, who thanked the Board and accepted the proclamation with Rreat honor. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 2 1 P a g e BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM 7. PRESENTATIONS A. Aquatics Season Update Summer Ivey -Platt presented the Board with an update on how the Aquatics program is active and pools are open for swimmers to have lessons despite the hiring shortage. They have 23 certified water safety staff members with 11 unfilled vacant positions for Lifeguards. The recruiting tools being used to assist in hiring more staff: • Implemented new pay rates for all positions • Implementation of new raise criteria for returning staff and additional certifications in 2022 • Hiring flyers to over 70 Civic Organizations on the Treasure Coast. • The Aquatics & Safety Coordinator has assisted individuals passing the swim test after a failed test to allow more lifeguards to be onboard and trained. • Working with the Media on Press Releases, Social Media Posts, and Hiring Flyers. The Human Resources Department of Parks & Special facilities allows training to begin soon after fingerprinting, reference checks, and drug screening. Also has expedited Lifeguard OnBoarding and created a shared hiring folder for all student hires; paperwork and certifications can be uploaded and available for all parties immediately. The only challenge at this current time is all pools can not be open to total capacity until all lifeguard positions are filled, and, at the current time, only 18/29 have been hired. 8. CONSENT AGENDA A motion was made to adopt the consent agenda and passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 1. Warrant Lists 32 - 34 Adopted by Consent Vote 3 1 P a g e BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM B. ADMINISTRATION 1. American Rescue Plan - Program Funding Reallocation $934,030.00 - THIS ITEM IS RELATED TO THE ►_1uL�:�Nl_LI:���l�i�]�_Ll Staff recommended the Board approve the reallocation of the remaining balance of $934,030.00 from General Fund COVID Expenditures to fund new community programs in the amount of $934,000.00 and $30.00 to ARPA Reserves / COVID Set Aside as identified in the background of this item, and authorization the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. American Rescue Plan - Reclassification of Expenditures - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended Board approval for County Administration to submit the attached reclassification memo to the St. Lucie County Clerk Finance Director to move the expenditures as indicated and authorize the Chair to sign any required documents as approved by the County Attorney. Adopted by Consent Vote 3. Appointment to the Investment Committee Staff recommended that the Board ratify Commissioner Townsend's appointment of Jeffrey S. Emmeluth to the Investment Committee. Adopted by Consent Vote C. AIR & SEA PORT 1. Resolution Adopting Foreign Trade Zone No. 218 Site Operations Agreement and designating the County Administrator as signatory. Staff recommended that the Board adopt Resolution No. 2022-98 approving the Foreign -Trade Zone Site Operations Agreement under the ASF as approved by the County Attorney, designating the County Administrator as signatory, and authorizing the County Administrator to take further administrative action. Adopted by Consent Vote 2. Resolution adopting Foreign Trade ASF Zone Schedule Staff recommended that the Board adopt Resolution No. 2022-97 and the new Zone Schedule under the Alternative Site Framework for Foreign -Trade Zone #218. Adopted by Consent Vote 4 1 P a g e BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM D. COUNTY ATTORNEY 1. Resolution - Right -of -Way Donation - 5' along 35th Street and 20' along 37th Street from SP Place LLC - Parcel ID 2417-342-0006-000-9 Staff recommended the Board accept the Special Warranty Deed from SP Place LLC, 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 2. Ninth Amendment to C93-06-527 - Allowing the Children's Home Society of Florida, Treasure Coast Division, a Not for Profit Corporation, the Continued Use of Space at 4520 Selvitz Road, Fort Pierce, for the Operation of a Residential Child Care Shelter for Runaway and Homeless Children and Resolution No. 22-091 Staff recommended the Board adopt the proposed Resolution approving the facilities use agreement with the Children's Home Society of Florida, Treasure Coast Division, and authorize the Chair to sign the Resolution and the ninth Amendment to the facilities use agreement. Adopted by Consent Vote 3. Resolution - Right -of -Way Donation - 15' strip of land west of Lennard Road from Dybra PSL Development, LLC for right-of-way purposes - Parcel ID 3414-501-0608-150-6 Staff recommended the Board accept the quit -claim deed from Dybra PSL Development, 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 4. Request Permission to Advertise an Ordinance Amending Section 46-3(a) of Article I of Chapter 43 of the Code of Ordinances of St. Lucie County, Florida, to Include Weight Limits on the Indian River Drive; Providing for Conflicting Provisions; Severability and Applicability; Providing for Filing with the Department of State; Providing for an Effective Date; Adoption and Codification Staff recommended that the Board approve permission to advertise of the proposed Ordinance to include weight limits on the Indian River Drive. Adopted by Consent Vote 5. Revocable License Agreement - 8004 Hamilton Avenue - Lakewood Park - Unit No. 5 - Alan and Joni Wyszkowski - Parcel ID 1301-605-0181-000-6 Mr. and Mrs. Wyszkowski are requesting a revocable license agreement to be allowed to install a 6' wood fence along the north side of the property, within the County's 10' Drainage/Utility Easement and a 6' wood fence along the east and west side of the property, extending into the County's 10' Drainage/Utility 5 1 P a g e BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM Easement per the Plat recorded in Plat Book 11 Page 5. They understand if the County Engineer determines the fence is causing flooding, drainage problems, or for other needs in the area, the fence will need to be removed or relocated at their expense. Engineering, Road & Bridge, and Water Quality have reviewed the 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. Wyszkowski pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 6. Resolution - Right -of -Way Donation - 40' of Right -of -Way on St. Lucie Boulevard - Treasure Coast Vault, LLC - Parcel ID 1336-211-0000-000-3 Staff recommended the Board accept the Warranty Deed from Treasure Coast Vault, 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 7. Revocable License Agreement - 135 N Naranja Avenue - River Park - Unit 4 - Robert and Cara Solitario - Parcel ID 3419-530-0199-000-4 Mr. and Mrs. Solitario are requesting a revocable license agreement to be allowed to install a 6' vinyl fence and 5' chain -link fence with two gates along the west side of the property and a 6' vinyl fence and 5' chain - link fence with two gates along the east side of the property, within the County's 6' Drainage/Utility Easement, extending into the rear 10' Drainage/Utility Easement per the Declaration of Restrictive Covenants recorded in OR Book 64 Page 235. The fence and gates must be placed a minimum of 2' off the east lot line due to an existing drainage structure. They understand if the County Engineer determines the fence is causing flooding, drainage problems, or for other needs in the area, the fence will need to be removed or relocated at their expense. Engineering, Road & Bridge, and Water Quality have reviewed the 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. Solitario pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 8. Tenth Amendment to Interlocal Agreement with City of Port St. Lucie - Traffic Control and Security - St Lucie County Sports Complex - C88-06-074 6 1 P a g e BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM Staff recommended the Board approve the Amendment to the interlocal agreement and authorize the Chair to sign the Amendment. Adopted by Consent Vote 9. Revocable License Agreement - Geosyntec Consultants - Monitoring Well in County right-of-way - Yates Road Geosyntec Consultants has been contracted by the Florida Department of Environmental Protection to conduct site assessment work related to historical activities at Indian River State College. The scope of the work will consist of the installation of one monitoring well for the purpose of collecting groundwater samples. The installation will use a rotary sonic drill rig. The monitoring well will be completed within an fl- inch aluminum manhole set in a 2-ft by 2-ft concrete pad flush with the surrounding grade. Public Works, Road & Bridge, Water Quality, and Engineering have reviewed the license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement, and direct Geosyntec Consultants pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 10. Revocable License Agreement - 500 Sandia Avenue - River Park - Unit 5 - Patricia A. Satchwill - Parcel ID 3419-540-0338-000-2 Ms. Satchwill has requested a Revocable License Agreement to install a 6' vinyl fence along the rear of the property, within the County's 10' Drainage/Utility Easement and a 6' vinyl fence, and a 10' wide double gate along the West side of the property, within the County's 6' Drainage/Utility Easement per the Declaration of Restrictive Covenants recorded in Deed Book 247 Page 37. She understands if the County Engineer determines the fence and gate are causing flooding, drainage problems, or for other needs in the area, the fence and gate will need to be removed or relocated at her expense. Public Works, Road & Bridge, Water Quality, and Engineering have reviewed the license agreement and have no objections. Staff recommended the Board approve the revocable license agreement with Patricia A. Satchwill, authorize the Chair to sign the agreement, and direct Ms. Satchwill pay to record the agreement in the Official Records of St. Lucie County, Florida. Adopted by Consent Vote 11. Resolution - Right -of -Way Donation - 15' of Right -of -Way on Oleander Avenue - Charles Bean and Brian Bean- Parcel ID 2427-601-0010-000-5 7 1 P a g e BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM On September 27, 2021, the City of Fort Pierce Planning Department granted a Minor Site Plan approval for (2) two-story buildings containing a total of 16 dwellings for a project known as Oleander Multi -Family. A condition of approval required Charles Bean and Brian Bean convey to St. Lucie County 15' of right-of- way along their entire frontage on Oleander Avenue. The proposed Warranty Deed is attached for your review, approval, and acceptance. Staff recommended the Board accept the Warranty Deed from Charles Bean and Brian Bean, 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 12. Road Impact Fee Credit Agreement - Charles Bean and Brian Bean - Parcel ID 2427-601-0010-000-5 Staff recommended the Board approve the Road Impact Fee Credit Agreement with Charles Bean and Brian Bean, authorize the Chair to sign the agreement, and record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote E. COMMUNITY SERVICES 1. Authorization Resolution - Federal Transit Administration Super Grant, 49 U.S.C. 5307 and 5339 - Capital and Operating Assistance and Bus Facilities - Grant Acceptance & Budget Resolution for FFY21 Annually, the Federal Transit Administration (FTA) allocates funding for operating and capital funds to designated recipients in urbanized areas. An urbanized area is an incorporated area with a population of 50,000 or more that is designated as such by the U.S. Department of Commerce, Bureau of the Census. For urbanized areas with 200,000 in population and over, funds are apportioned and flow directly to a designated recipient selected locally to apply for and receive Federal funds. This grant combines FTA 5307 and 5339, which FTA refers to as a 'Super Grant.' The total project cost for the federal fiscal year 2021 is $2,624,098.00, which comprises the federal and local funding shares for capital and operating expenditures. Matching operating funds of $695,075.00 will be provided through the Transit Municipal Taxing Unit (MSTU), and matching capital funds of $485,090.00 met with Toll Development Credit/Toll Revenue Credit (TDC/TRC), also known as "soft match." Staff recommended Board acceptance of the 49 U.S. Code § 5307 & 5339 (Super Grant) Urbanized area formula grant (FL-2022-032-00) for FFY21, approval of the budget resolution, acceptance of grant, and authorization for the Chair to sign documents as approved by the County Attorney. The Super Grant award is $3,319,173, and the local match is $695,075.00. Adopted by Consent Vote 2. Advantage Ride Program - Second Amendment to the February 2, 2021, Agreement with Senior Resource 8 1 P a g P BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM Association, Inc. (SRA) to revise the fare schedule and align terms with the regional grant agreement from the Florida Commission for the Transportation Disadvantaged. (FCTD) After state funding was eliminated for one year, the FCTD announced competitive grant opportunities for the upcoming state fiscal year, beginning July 1, 2022. Staff recommended the board approval of the second Amendment to the contract (C21-02-074) and authorize the Chair to sign applicable documents. Adopted by Consent Vote 3. HOME Investment Partnership Program - Subrecipient Agreement Between St. Lucie County and Martin County to Fund the Construction of Four Single Family Replacement Homes Staff recommended Board approval of the following sub -recipient agreements between St. Lucie County and Martin County; and approval for the Chair to sign documents as approved by the County Attorney. • 4270 NE Savannah Road, Jensen Beach, 34957-$25,000.00 • 2310 SE Madison Street, Stuart, FL 34997-$25,000.00 • 5175 SE Channel Drive, Stuart, FL 34997-$50,000.00 • 7837 SE Kingsway Street, Hobe Sound, FL 33475-$25,000.00 Adopted by Consent Vote 4. Fourth Amendment to the Agreement (C21-02-073) Between St. Lucie County and the Treasure Coast Homeless Services Council for Emergency Rental Assistance Program 1 (ERAP1) Administrative Services incorporating funding from the City of Port St. Lucie Staff recommended Board approval of the Fourth Amendment to the Agreement (C21-02-073) between St. Lucie County and the Treasure Coast Homeless Services Council for Emergency Rental Assistance Program 1 Administrative Services incorporating funding from the City of Port St. Lucie in the amount of $1.1 million, subject to legal form and correctness; and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote F. ENVIRONMENTAL RESOURCES 1. Work Camper Agreement — Richard E. Becker Eco-Heritage Preserve Staff recommended Board approval of Work Camper Agreement with Mr. Benn Francoeur and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote G. PARKS & RECREATION 9 1 P a g e BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM 1. Savannas Work Camper Agreement Reinstatement Staff recommended Board approval of the Savannas Work Camper Reinstatement Agreement with Mr. John Vail and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Funding for Juneteenth Celebration and Entertainment - $20,000.00 Staff recommended Board approval, and authorization for the Chair to sign documents as approved by the County Attorney so that funds be made available for the purpose of facilitating a check request to the St. Lucie County Roundtable to pay invoices for select vendors once payment is approved by the County. The County reserves the right to inspect and/or request an accounting of funds received and spent for this Event, Any unused funds will be returned to the County. Sufficient funds are appropriated in Regional Parks and Stadiums and made available in account string; 001- 7210-552311-720000 Landscaping ($8,000.00), 001-7210-552000-720000 Operating ($2,447.00), along with Parks and Special Facilities account string 001-7215-546200-7510 Fenn Center ($2554.00), 001-7215- 546300-7220 Savannas ($4,970.00) and 001-7215-546000-7420 Fairgrounds ($2,029.00), and transferred to Juneteenth account 001-7210-552000-71025, totaling $20,000.00. Any unused funds will be returned to St. Lucie County. Adopted by Consent Vote 3. Mets Stadium Field Renovations - 1.5 Million Staff recommended the Board approve the project to renovate the Main Stadium Field at Clover Park to maintain the MLB standard of the turf surface with a total budget of $1.8 million with an estimated project cost of $1.5 million with a $300,000 contingency. The replacement of the drainage will allow for more games to take place and improve the overall fan experience. The irrigation system replacement will include, but not limited to, updated parts and a design to last for many years to come. Adopted by Consent Vote H. PUBLIC SAFETY 1. Alert St Lucie Memorandum of Agreement with the State Staff recommended Board approval of Alert St. Lucie MOA with the State, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote I. PUBLIC WORKS Grant Acceptance - Taylor Creek Restoration Muck Removal Project - SFWMD (FIND) Agreement No. 4600004386 Amendment No. 02 101 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM Staff recommended Board acceptance of Amendment No. 02 to South Florida Water Management District Agreement No. 4600004386, to extend the task completion date to September 2023, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Fee -in -Lieu of sidewalk construction agreement with The Howard Group, Inc. for the Hot Pie Warehouse Staff recommended Board approval of the fee -in -lieu of construction agreement with The Howard Group, Inc., accepting funds in the amount of $7,140.00, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Construction Contracts for the Savannah Street at Sunset Boulevard Emergency Culvert Repair Staff recommended Board approval of contracting with Johnson -Davis, Inc. (C22-04-279) in the amount of $92,400.00 and Ardaman & Associates Inc. (C21-11-885) in the amount of $2,405.00 for emergency culvert repairs, and authorize the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote 4. Amend Contract for Design of Bridge Replacement - Johnston Road at FPFWCD Canals 1 & 15 Culvert Replacement Staff recommended Board approval to amend Contract C20-01-474 with KHA for an additional $234,170.00 and authorize the Chair to sign documents approved by the County Attorney as necessary. Adopted by Consent Vote 5. Transfer of Management Responsibilities for the Summerlin Dock Staff recommended Board Approval of transfer of management responsibilities for the Summerlin Dock. Adopted by Consent Vote 6. Approval of Agreement to Donate and Deploy the M/V Time to the County Artificial Reef Program Staff recommended approval of the agreement with MCII for the donation and deployment of the M/V Time and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote �1�i9]�:��I���]:Z�Iy��X�i�[�Ll► 1. Resolution 22-103 - Creating and Amending Certain Election Precinct Boundaries and Polling Locations - ADD ON 11 1 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM The Supervisor of Elections recommended that the Board of County Commissioners adopt Resolution No. 22-103. Adopted by Consent Vote 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Public Hearing - Ordinance No. 2022-014 - Amending Affordable Housing Advisory Committee Caroline Valentin, Assistant County Attorney, presented this item to the Board. On May 17, 2022, the Board authorized permission to advertise for a public hearing. Florida Statutes require each County that receives funding under the State Housing Initiatives Housing Partnership (SHIP) Program to establish an Affordable Housing Advisory Committee (AHAC). In 1993, the Board established the Affordable Housing Advisory Committee (AHAC) to review County policies and procedures, ordinances, land development regulations, and a comprehensive plan and advise the Board on recommendations to encourage or facilitate affordable housing while protecting the ability of the property to appreciate. The proposed Ordinance amends Section 22-95 to reflect the amended language outlined in Section 420.9076, Florida Statutes, and to increase the number of members from ten to eleven so that the Committee is composed of one County Commissioner and two members appointed by each Commissioner. Staff recommended the Board approve the proposed draft ordinance. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None B. PLANNING & DEVELOPMENT SERVICES 1. Appeal of an Administrative Determination to deny a Reasonable Accommodation Request, submitted by Mr. Andrew Hooper for Property Located at 201 SE Bonita Ct, in Port St. Lucie, FL Benjamin Balcer, Planning & Development Services Assistant Director, presented this item to the Board. Mr. Andrew Hooper submitted a request for Reasonable Accommodation on January 27, 2022, to the County. The Reasonable Accommodation request was for accommodation for two (2) people in a room with nine (9) occupants and a manager. He also included information to prove without a reasonable 121 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM doubt the "Disability" to accommodate this request and the Theripudic Nessicity. On March 9, 2022, the Planning & Development Services Director issued a letter requesting additional information to process the Reasonable Accommodation request. The requested information was intended to assist in the determination that housing up to nine (9) individuals plus one (1) full-time manager was necessary. Either therapeutically or financially, as well as to clarify a discrepancy between the number of bedrooms and bathrooms identified on the submitted application (5 bedrooms, 3 bathrooms) and the number of bedrooms and bathrooms identified in the St. Lucie County Property Appraisers records (3 bedrooms, 2 bathrooms). On March 25, 2022, the Planning & Development Services Department received Mr. Hooper's written response to the County's request for additional information. On March 25, 2022, the response failed to provide the documentation to demonstrate that the reasonable accommodation request was necessary, either therapeutically or financially, to house disabled individuals as defined by the FHA or ADA. Additionally, the response did not include documentation, including records indicating any permitted renovations that would increase the number of bedrooms and bathrooms to five (5) and (3), respectively. On April 7, 2022, Planning & Development Services Director's decision to deny the Reasonable Accommodation request was mailed to the applicant. According to Land Development Code Section 7.10.30.6 — Reasonable Accommodation Procedures, "within thirty (30) days after the County Administrator's, or designee's determination on a reasonable accommodation request ... such applicant may appeal the decision. All appeals shall contain a statement containing sufficient detail of the grounds for the Appeal. On April 19, 2022, Mr. Hooper provided a written response requesting an appeal of the denial to the Board appealing the decision of the Planning and Development Services Director's denial of a request for Reasonable Accommodation to house ten (10) individuals within a single-family house. The appeal request was publicly noticed under the requirements within the St. Lucie County Land Development Code with an ad placed in the local newspaper on May 23, 2022. The appellant and property owner were notified by certified mail by the Planning and Development Director of the public hearing. In the review standards, to determine if the Appeal shall be granted or denied, the applicant must establish that they are disabled and protected under the Federal Fair Housing Act (FHA) and/or Americans with Disabilities Act (ADA). The requested accommodation is reasonable and necessary to afford said handicapped/disabled person equal opportunity to use and enjoy housing. Staff recommended the Board uphold and affirm the decision of the Planning & Development Services Director in denying the request for Reasonable Accommodation and adopt the Resolution denying the applicant's Appeal. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Andrew Hooper • Paul Schall • Vincent Cloe • Sean Webb With no one else wishing to address the Board, Chair Mitchell closed the public hearing. 131 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM Upon discussion of the Board, Daniel McIntyre, County Attorney, recommended that the Board affirm the staff recommendation of denial without prejudice to the applicant and the property owner to reapply based on subsequent information. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE I MOVER: Commissioner District 1 Chris Dzadovsky I I SECONDER: Commissioner District 3 Linda Bartz I AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend I NAYS: None I 1 EXCUSED: None 2. Comprehensive Plan Text & Map Amendments, Amending the Urban Service Boundary, Establishing a Planning Study Area & Revising Associated Objectives & Policies - i KAIM-5ivii i IAA MAKINU Kori Benton, Planning & Development Services Assistant Planning Manager, presented this item to the Board. St. Lucie County is evaluating proposed amendments to the adopted Comprehensive Plan to amend the Urban Service Boundary (USB) to account for the growth in southern St. Lucie County and revise associated objectives and policies. Additionally, the Amendment seeks to establish a Planning Study Area with two distinct (2) subdistricts; North County Planning Area and Agricultural Limited -Service Planning Area. With the guidelines for initiating the Planning Study to evaluate future growth and development of land within each study area. The Urban Service Area Boundary (USB) was adopted in the 1990 Comprehensive Plan. The purpose is to direct future development to areas where urban and community services/facilities can be provided most efficiently and compactly to discourage the proliferation of urban sprawl. No adjustments have been made, with the necessity to analyze future growth needs and demands. At the time of establishment, St. Lucie County's population was 150,171, according to the 1990 Census. The 2020 Census count for St. Lucie County is 329,226, representing a 119% increase. The current proposal is an Urban Service Boundary (USB) Expansion and Study Plan: • USB Expansion: South County expansion effective immediately to account for Port St. Lucie's Western Annexation Area & Oak Ridge Ranch. • Establish Planning Study Areas: Initiate a Planning Study for middle and north County, east of Header Canal Rd. The proposed map amendments include the following Map Series exhibits: • Map: FLU-1 - Future Land Use 2040 Map • Map: FLU-2 - Existing Land Use Map • Map: FLU-9 - Urban Service Boundary Map • Map: CST-1 - Coastal Planning Area Map (Removing the USB from this Map) 141 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM The proposed text amendments include: • Amending Objective 1.1.6, Policies 1.1.6.1 & 1.1.6.2 • Creating Policy 1.1.6.13 The Board initiated the proposal, in coordination with staff, to plan for imminent and future growth and to guide development to areas. Existing or planned services like roads, water, drainage, schools, libraries, and parks encourage urbanized activity centers while preserving rural lifestyles, environmental resources, and agricultural assets. On April 21, 2022, the Planning & Zoning Commission acted as the Local Planning Agency. They reviewed the Comprehensive Plan Map Amendments with an Urban Services Boundary Expansion Area, voting 5-2 to recommend further expansion to the west, aligning with a north and south boundary of Sneed Road and a portion of Carlton Road. The proposed Planning Study in preparation for the 2024 Evaluation and Appraisal Review notification deadline is anticipated to require professional service costs. The proposed study scope and budget will be presented to the Board during their FY2022/2023 budget cycle and are projected to carry a professional services range greater than $50,000. Staff recommended the Board approve the Transmittal of the Comprehensive Plan Amendment set proposed in Draft Ordinance 2022-015, which contains staff's recommended Urban Service Boundary Expansion Area, Planning Study Area, and associated objectives and policies. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Paul Schall • Bryan Nolan • Dan Schar With no one else wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve staff recommendation, and upon roll call, it passed (3)-(1). RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: Sean Mitchell EXCUSED: None 3. Ravinia PUD (Planned Unit Development) Mining Permit Exemption Extension request in accordance with Section 11.05.11(A.2.h) to allow for additional time to remove excavated material within the development to provide on -site stormwater management, infrastructure, and other features associated with the approved development. - THIS ITEM IS QUASI-JUDICIAL This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding 151 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM this item: Commissioner Frannie Hutchinson - Absent. Commissioner Linda Bartz - Spoke with staff and representative. Commissioner Chris Dzodovsky - Spoke with staff and representative. Commissioner Cathy Townsend - Spoke with staff only. Chair Sean Mitchell - Spoke with staff and representative. Kori Benton, Planning & Development Services Assistant Planning Manager, and Patrick Dayan, Water Quality Division Manager, presented this item to the Board. The Ravinia Port St. Lucie, LLC filed an additional Mining Permit exemption request to expand the current mining exemption's duration and explore expanded operation hours after the school year. The Ravinia Planned Unit Development consists of 54.37 acres on the south side of West Midway Road, approximately one -quarter mile west of South 25th Street. A public hearing notice was placed in St. Lucie News Tribune, mail notices were sent to property owners within 500 feet, and a sign was placed on the property. On June 10, 2021, the Site Development Permit was approved, and on March 1, 2022, the Mining Permit Exemption, Resolution #2022-003, was approved. According to the Land Development Code, the applicant is requesting an exemption from the requirement of a Mining Permit to allow for the removal of excavated material from the site derived from developing stormwater areas, infrastructure, and other associated features with on - site development. The project scope includes "removal of material for development in which the material is being excavated to provide on -site stormwater management and/or on -site fill for elevating roads, houses, buildings, sidewalks, driveways, parking areas, or other features customarily associated with on - site development. The proposed hauling activities are not anticipated to affect the adequacy of public facilities. The mining permit exemption is projected to generate temporary traffic, with a defined haul route assigned trips to roadway links and intersections best equipped to handle the movements. The proposed hauling activities do not affect the capacity to provide adequate Fire Protection. No adverse impacts to environmental resources are identified with the proposed hauling activities. The on -site development generating the excess fill corresponds with an approved PUD Site Plan and associated site development permit. Access from the site is limited to Midway Road, the Haul route is limited to arterial roadways, and no local roads within 1 mile. The requested conditions modifications: • Haul Route Limitations o Access from the site is limited to Midway Road. o Hauling on arterial roads only and no local streets within 1 mile o Haul times are limited to 7 AM - 6 PM, Monday - Saturday • Bond held for the repair of roadway damage caused by hauling • Final grading and Stabilization within 30 days - complete • Completion of Hauling Operations within 90 days — expired 6/5/22 • Grant new hauling final date of October 31, 2022 The primary access will be from N US Highway 1 and proposed unpaved stabilized emergency access from Turnpike Feeder Road. Staff recommended the Board authorize an updated Mining Permit Exemption for the Ravinia PUD Site Development Activities by modifying certain conditions within Resolution 2022-003, 161 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM the mining permit exemption, as follows: #2: The hours of operation for related activities shall be from 7:00 AM to 6:00 PM, Monday through Saturday, when school is not in session. Removal during school session(s) shall remain 10:OOAM to 6:OOPM. • #6: Removal of excavated material shall be performed no later than October 31, 2022. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. Commissioner Townsend motioned to approve staff recommendations, including the condition allowing one requesting resident (Pamela Mcknight) to purchase dirt from the Ravina Land Fill, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 4. David White Class "A" Mobile Home Permit - David White is requesting a Class "A" Mobile Home Permit for a 26' x 44' Mobile Home as a Single-family Dwelling within the RS-3 (Residential, Single-Family-3) Zoning District, located at TBD — W. Del Mundo Street, Fort Pierce, FL 34946 - THIS ITEM IS QUASI-JUDICIAL This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Frannie Hutchinson - Absent. Commissioner Linda Bartz - Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff only. Commissioner Cathy Townsend - Spoke with staff and received emails from residents. Chair Sean Mitchell - Spoke with staff and received emails from residents. Kristopher McCrain, Planning & Development Services Associate Planner, presented this item to the Board. The applicant, David White, requests a Class "A" Mobile Home Permit to define a mobile home structure as a single-family dwelling unit, according to Land Development Code Section 11.05.02. This request would allow for a 26' x 44' mobile home located at TBD — W. Del Mundo Street in Fort Pierce within the Residential, Single-Family-3 Zoning District. A public hearing notice following Section 11.00.03 of the Land Development Code was placed in St. Lucie News Tribune on May 24, 2022, letters were mailed to property owners within a 500-foot radius, and a sign was placed on the subject property, and staff received 22 responses from residents. The applicant submitted a Variance Petition to permit a Class "A" Mobile Home to encroach into the minimum required 25-foot front yard setback and within the minimum required 15-foot rear yard setback within the Residential, Single -Family - 3 Zoning District. According to the Non -Conforming Lot of Record Research completed by the Planning & Development Services Department. In the formal 171 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM determination letter, dated September 27, 2021, the subject parcel is non -conforming because it does not meet the minimum 10,000 square foot land area for the RS-3 Zoning District. As a result, the minimum lot size and minimum lot width requirements are hereby waived, and a single-family dwelling may be constructed if the property meets all applicable local, state, and federal codes. According to Land Development Code Section 11.05.02, the proposed mobile home structure meets the minimum review standards for Class "A" Mobile Home permits. The mobile home exceeds the minimum 20- foot width, and the roof pitch and roofing materials, as well as exterior vinyl siding and skirting, are similar to that of the detached single-family dwelling unit. The home meets the following: 1. The structure is 26 feet in width, which exceeds the 20-foot minimum horizontal dimension requirement. 2. The roof pitch is approximately 2.5/12 to 3/12, and the roof pitch of adjacent single-family dwellings ranges from 3/12 — 6/12. 3. The roofing materials consist of brown shingles. 4. And the exterior siding material is vinyl. The petition conforms to the Standards of Review outlined in St. Lucie County Land Development Code Section 11.05.02(E) and is consistent with the St. Lucie County Comprehensive Plan Goals, Objectives, and Policies. Staff recommended the Board grant approval to define the Class "A" Mobile Home as a Detached Single -Family Dwelling Unit within the RS-3 (Residential, Single-Family-3) Zoning District, subject to the following conditions. • Prior to any soil disturbance or removal of any vegetation, issuance of a Vegetation Removal Permit or Exemption is required and shall be issued concurrently with a building permit. • Within 60 days of issuance of a vegetation removal permit or exemption, all Category I invasive species shall be eradicated from the site. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Paul Schall • David White • Sean Webb With no one else wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimous RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None 181 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM I EXCUSED: None I 5. Ulrich Class "A" Mobile Home Permit - Leta and Jose Guzman are requesting a Class "A" Mobile Home Permit for a 26.7' x 56' Mobile Home as a Single-family Dwelling, within the RS-2 (Residential, Single-Family- 2) Zoning District, located at 533 Ulrich Road, Fort Pierce, FL 34982 - THIS ITEM IS QUASI-JUDICIAL This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Frannie Hutchinson - Absent. Commissioner Linda Bartz - Spoke with staff and received emails from residents. Commissioner Chris Dzadovsky - Spoke with staff and received a text message from a resident. Commissioner Cathy Townsend - Spoke with staff and received emails from residents. Chair Sean Mitchell - Spoke with staff and received emails from residents. Kristopher McCrain, Planning & Development Services Associate Planner, presented this item to the Board. The applicant is seeking approval for a Class "A" Mobile Home permit to classify the mobile home structure as a single-family dwelling unit within the 0.61- acre parcel zoned Residential, Single -Family -2 and Residential, Single -Family -3 with a Residential, Urban Future Land Use designation and located within the Urban Service Boundary. In accordance with the public notice requirements of the St. Lucie County Land Development Code, a sign was placed on the subject property, 30 notices were mailed to adjacent property owners located within 500 feet of the subject property, and public notice was advertised in St. Lucie County News Tribune on Tuesday, May 24, 2022. The subject property contains split zoning of the Residential, Single-Family-3, and Residential, Single-Family-2 Zoning Districts. The subject parcel is located on the south side of Ulrich Road, approximately 1,200 feet west of US Highway 1 in Fort Pierce. The mobile home structure is setback approximately 200-feet from the Ulrich Road right-of-way. The property will provide water utility connections through the Fort Pierce Utilities Authority. Wastewater services will be provided via private on -site septic and drain field. Access will be provided via a driveway on Ulrich Road. The unimproved right-of-way may not be utilized for access to the site unless it is improved to St. Lucie County Public Works Department's roadway specifications. According to Land Development Code Section 11.05.02, the proposed mobile home structure meets the minimum review standards for Class "A" Mobile Home permits. The mobile home exceeds the minimum 20- foot width dimension, and the roof pitch and roofing materials, as well as exterior vinyl siding and skirting, are similar to that of a detached single-family dwelling unit. The home meets the following: 1. The structure is 26.7-feet in width, which exceeds the 20-foot minimum horizontal dimension requirement. 2. The roof pitch is approximately 2.5/12 to 3/12, and the roof pitch of adjacent single-family dwellings ranges from 3/12-6/12. 3. The roofing materials consist of brown shingles. 4. The exterior siding material is vinyl. The petition conforms to the Standards of Review outlined in St. Lucie County Land Development Code Section 19 BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM 11.05.02(E) and is consistent with the St. Lucie County Comprehensive Plan Goals, Objectives, and Policies. Staff recommended the Board grant approval to define the Class "A" Mobile Home as a Detached Single -Family Dwelling Unit within the portion of the property designated by the RS-2 (Residential, Single-Family-2) Zoning District, subject to the following conditions. • Prior to any soil disturbance or removal of any vegetation, issuance of a Vegetation Removal Permit or Exemption is required and shall be issued concurrently with a building permit. • Within 60 days of issuance of a vegetation removal permit or exemption, all Category I invasive species shall be eradicated from the site. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Paul Schall • Roger Blanco • Elizabeth Brown • Roy Sauders • Chris Carter • Leta Guzman • Robert Garce • Tina Sigman With no one else wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE I MOVER: Commissioner District 1 Chris Dzadovsky I I SECONDER: Commissioner District 3 Linda Bartz I I AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend I I NAYS: None I 1 EXCUSED: None 8:48 PM - Recess taken 8:59 PM - Meeting reconvened 6. Lighthouse City Academy & Preschool Inc. - Request for a Conditional Use Permit to allow a child daycare service for a phased student capacity of up to seventy-four (74) students between the ages of 1 to 5 years old within the I (Institutional) Zoning District. The daycare will be housed within the Lighthouse International Worship Center church located at 3525 West Midway Road, Fort Pierce, Florida - THIS ITEM IS QUASI-JUDICIAL This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this 201 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM item: Commissioner Frannie Hutchinson - Absent. Commissioner Linda Bartz - Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff only. Commissioner Cathy Townsend - Spoke with staff only. Chair Sean Mitchell - Spoke with staff only. Tahir Curry, Planning & Development Services Associate Planner, presented this item to the Board. Lighthouse City Academy & Preschool Inc. is seeking a Conditional Use Approval to allow a child daycare service with a phased child enrollment for up to fifty (50) children during Phase 1, with the capacity to expand up to seventy-four (74) children within the Institutional Zoning District. In accordance with public notice requirements of the St. Lucie County Land Development Code, notices were advertised in the St. Lucie County News Tribune on May 26, 2022, and mailed to 14 surrounding property owners within a 500- feet of the subject property, with a sign posted on the property. The Planning Department received no Conditional Use Petition responses. The site improvements for the proposed daycare include sidewalk connectivity from Midway Road to the building and improved landscaping consistent with the Land Development Code. The site has an existing fenced playground area that will be utilized for recreational activities for children, served by twenty-five (25) vehicular parking spaces, with two (2) handicap spaces. The daycare will have eight (8) designated employee parking spaces for daily operations and fifteen (15) parking spots for convenient parent/guardian drop-off and pick-up access. The Lighthouse City Academy proposed overview: • The proposed operational hours are 7:00 AM to 6:00 PM. • Phased child enrollment (1— 5 years old) for up to fifty (50) children during Phase 1, with the capacity to expand up to seventy-four (74) children via six (6) classrooms. • Five (5) to eight (8) employees. • Fifteen (15) parking spots are available for parent/guardian drop-off and pick-up. Eight (8) employees. • Lunch and food service for students will be brought individually or be available via a limited selection of pre -packaged options. No commercial food prep is intended on -site. • The interior area shall comply with all the Florida Building Code rules and regulations for a daycare. The Planning & Zoning Commission held a public hearing on May 19, 2022, unanimously passing a motion to forward a recommendation of approval to the Board. The petition conforms to the Standards of Review outlined in St. Lucie County Land Development Code and is consistent with the St. Lucie County Comprehensive Plan goals, objectives, and policies. Staff recommended the Board approve the Conditional Use Permit, subject to the following conditions: • Prior to issuance of a Certificate of Occupancy for all Category I, listed invasive plants shall be eradicated from the site. • Prior to issuing a Zoning Compliance Certificate, Directional signs and a vehicular operations plan shall be approved, including employee parking space marking for the daycare operations. • Phase 1 is approved for up to 50 students with the capacity for periodic monitoring of drop-off activities to ensure operations do not cause the use of unpaved surfaces for vehicular 21 1 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM movements/parking, aligning with the Queuing Report. If unpaved surfaces are observed for turn- around and parking purposes (non -church related), improvements shall be required to comply with the Land Development Code. • Prior to issuing a Zoning Compliance Certificate for Phase 2, student enrollment for 51 to 74 students, a vehicular turn -around plan, or similar, shall be reviewed, permitted, and installed. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Steven Frink With no one else wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 7. Commercial Neighborhood, CN District Zoning District - Proposed Land Development Code Text Amendment. Amendment to provide for Auto/Home supply stores and Hardware Stores between 6,001 and 10,000 sq. ft. and Household Appliance Stores not to exceed 10,000 sq. ft. in floor area, as an eligible Conditional Use in the CN Zoning District, along with the hours of operations limited from 7:00 AM to 8:00 PM - ADOPTION HEARING Kori Benton, Planning & Development Services Assistant Planning Manager, presented this item to the Board. Tod Mowery of Redtail Design Group submitted a petition on behalf of Lakewood Property Holdings, LLC. for a Text Amendment to the Land Development Code to amend Section 3.01.03 Q. 7. d. To include other retail trade uses, with operational parameters, as eligible Conditional Uses within the Commercial Neighborhood Zoning District. The original proposal included Auto/Home supply stores not to exceed 8,000 sq. ft. in floor area. Offering the retail sale of new automobile batteries, parts, and accessories, Hardware Stores between 6,001 and 8,000 sq. ft. in floor area, and Household Appliances Stores primarily dealing in new appliances between 6,001 and 8,000 sq. ft., each with the hours of operations limited from 7:00 AM to 8:00 PM. The Planning & Zoning Commission held a Public Hearing on the proposal at their April 21, 2022, meeting. After discussion, a motion was passed to recommend approving an increase in the maximum floor area to 10,000 sq. ft. The applicant supports the recommended modification. Staff recommended the Board approve Ordinance 2022-11 containing the proposed text amendment, authorizing the Chair to sign documents approved by the County Attorney. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, 221 Page BOCC Regular Meeting Tuesday, June 7, 2022 Chair Mitchell closed the public hearing. a. motion was made to approve statt recommendations, and it passed unanimous RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 8. Agricultural Air Services - Text Amendment to the Land Development Code to amend Section 3.01.03 C. 7. & create Section 7.10.36 to include RV & Boat Storage Facilities as an Eligible Conditional Use in the AG-5, Agricultural-5 Zoning District with Location and Design Criteria - WUN i iUN ritARINu Kori Benton, Planning & Development Services Assistant Planning Manager, presented this item to the Board. A petition by Daniel Sorrow, of Cotleur & Hearing, on behalf of Agricultural Air Services, LLC for a text amendment. The Land Development Code will amend Section 3.01.03 C. 7 for Conditional Uses in the AG-5, Agricultural-5 Zoning District and create Section 7.10.36 to provide Supplemental Standards for proposed Recreational Vehicle (RV) & Boat Storage Facilities in the District. The text amendment proposes to include RV and boat storage facilities as a Conditional Use within the AG-5 zoning district, with associated eligibility and design criteria. The AG-5 Zoning District is the most expansive in St. Lucie County by land area. The purpose is "to provide and protect an environment suitable for productive commercial agriculture, together with other uses as may be necessary to and compatible with productive agricultural surroundings." The Board held its first hearing for Ordinance 2022-012 at the May 17, 2022 meeting. The Board passed a unanimous motion to schedule the final hearing on June 7, 2022, recommending the incorporation of additional mailed notice for conditional use petitions made eligible by the Ordinance. Staff recommended approval of Ordinance 2022-12 with the addition of extended mailed notice requirements as presented in the Ordinance. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE IMOVER: Commissioner District 5 Cathy Townsend I I SECONDER: Commissioner District 1 Chris Dzadovsky I I AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend I I NAYS: None I 1 EXCUSED: None 231 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM 9. County Initiated Land Development Code (LDC) Text Amendment Proposing to Amend the Provisions for Telecommunication Towers Located Outside of the County's Urban Service Boundary (USB), Relating to Paved Access and Landscape Screening - ADOPTION HEARING FOR ORDINANCE 2022-13 Benjamin Balcer, Planning & Development Services Assistant Director, presented this item to the Board. Staff proposed a drafted text amendment to streamline the regulatory process and eliminate specific regulations that apply to telecommunications towers. Specifically when the towers are located outside of the Urban Service Boundary (USB), which does not promote the intent of the County's Land Development Code, including the growing need and demand for reliable wireless communications service and protecting the public health, safety, and general welfare of the residents. According to the proposed paving and landscaping provisions, the text amendment is not anticipated to impact the tower development adversely. The Amendment to the Land Development Code requires the Board's approval by Ordinance. The text amendment looks to exempt new telecommunications towers outside the County's Urban Service Boundary (USB) from providing paved access or proceeding through a Road Paving Waiver, which requires approval by the Board. Paved access is required for all developments that necessitate site plan approval. If a site plan application is proposed on a substandard roadway, such as an unpaved roadway, the applicant can request a Road Paving Waiver from the Board. Due to the low traffic generation rate of telecommunication towers, the requirement to provide paved access or requiring the Road Paving Waiver process is not warranted. The text amendment provides an exemption for telecommunications towers outside the Urban Service Boundary (USB) from the requirement to provide on -site landscaping. They are used to screen the base of the tower if existing native vegetation or an intervening building act to screen the base from adjacent rights -of -way or residential uses. The requirements within the Land Development Code intend to provide for aesthetic enhancements that will blend the tower into a natural setting and minimize the visual impacts. If native vegetation and/or intervening buildings are present and provide the required visual screening from adjacent rights -of -way or surrounding residential uses, the requirement to provide additional landscaping is redundant and does not further the intent of the Land Development Code. An advertisement was displayed on May 25, 2022, in the local newspaper specifying the Board's public hearing on this item. The Planning & Zoning Commission held a public hearing on April 22, 2022, and voted unanimously to recommend approval of the proposed Text Amendment to the Board. The Board heard the first reading of the Ordinance of County Commissioners on 5/17/2022 and authorized the second reading. Staff recommended the Board adopt Ordinance 2022-013 to amend the Land Development Code to streamline the regulatory process and eliminate unnecessary regulations on telecommunications towers, specifically when they are located outside of the Urban Service Boundary (USB). Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. I RESULT: APPROVE 241 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 10. County Initiated Comprehensive Plan Text Amendment to the Recreation Element to Incorporate the 10- Year Parks & Recreation Master Plan (PRMP) - TRANSMITTAL HEARING Benjamin Balcer, Planning & Development Services Assistant Director, presented this item to the Board. On January 11, 2022, the Board adopted the Parks and Recreation 10-Year Master Plan. The County initiated Comprehensive Plan Text Amendment looks to incorporate by reference the adopted Master Plan into the Recreation Element of the St. Lucie County Comprehensive Plan. The goal of the master planning process was to assess the County citizenry's recreational needs and explore the best way to meet those needs within the mission of the Parks & Recreation Department and the County's Strategic Plan Objectives and Framework. An advertisement was displayed in the local newspaper on May 25, 2022, specifying the Board's public hearing. The proposed Amendment: • Policy 7.1.1.2 — St. Lucie County shall expand and improve recreational facilities consistent with the needs and recommended strategies identified in the Parks and Recreation 10-Year Master Plan, dated and aaaroved by the Board of Countv Commissioners on January 11. 2022. The Countv shall Acceot a*d-achieve the level of Service Standards as set forth in this Element and the Capital Improvements Elements, through an equitable and systematic land acquisition and development program. Objective 7.1.4 - To the extent financially feasible, implement and update the vision of the January 2022 Parks & Recreation March 2002 Community Parks System Master Plan. On May 19, 2022, the Planning & Zoning Commission, acting as the Local Planning Agency, unanimously recommended the Board adopt the proposed Comprehensive Plan Text Amendment to incorporate the Parks and Recreation Master Plan into the Recreation Element of the Comprehensive Plan. Staff recommended the Board approval to transmit the proposed Comprehensive Plan Text Amendment to incorporate the recently adopted Parks & Recreation Master Plan (PRMP) to the Florida Department of Economic Opportunity (DEO). Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell 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 5 Cathy Townsend 251 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 10. REGULAR AGENDA F_X41•111,111We_l%a01.111IWA 1. Referendum Election to Levy a Millage for Operational Needs of the School District Dan Mc Intyre, County Attorney, and Katherine Barbieri, Assistant County Attorney III, presented this item to the Board. The School Superintendent has recommended that the School Board request a special referendum election to consider approving an operational needs millage as provided in Sections 1011.71(9) and 1011.73(2) of the Florida Statutes. On May 10, 2022, the School District adopted a resolution that directed the Board to call a referendum election to determine if the electors of the School District approve the levy of a millage for the operational needs of the District for four (4) fiscal years, commencing on July 1, 2023, and ending on June 30, 2027. A copy of the School Districts Resolution has been provided to the Board. On March 29, 2022, Gertrude Walker, Supervisor of Elections, provided a letter containing a draft of the ballot language. The official ballot language is that adopted in the Resolution. The School District resolution: • Made specific findings and determinations explaining why the operational needs millage are needed. • Provided for the levy of a millage for operational needs of the District for four years, subject to the approval of the electors of the District at a referendum election held as required by statute. • Directed the Board of County Commissioners to call a referendum election on the operation needs millage to be held on November 8, 2022. • Authorized appropriate notice of the referendum election. • Made certain provisions for and required determinations regarding the referendum election. • Adopted a form of ballot for the referendum. The School District Attorney has drafted the attached Resolution 22-083 for the Board, which, if adopted, would call a referendum election to be held in the School District on November 8, 2022, as directed by the School Board. Staff recommended that the Board adopt Resolution 22-083 as drafted by the School District Attorney and authorize the Chair to sign the Resolution. A motion was made to approve staff recommendations, and it passed unanimous RESULT: APPROVE 261 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 2. Spruce Bluff Preserve - Settlement Counteroffer Daniel McIntyre, County Attorney, presented this item to the Board. On December 4, 1995, St. Lucie County acquired a 97-acre natural area known as Spruce Bluff Preserve. The Preserve protects several historic resources, including a Pioneer Cemetery and a Native American Mound Site, as well as several Pristine Natural Communities, including freshwater marsh, scrub, and floodplain shoreline along North Fork St. Lucie River. The site is open to the public seven (7) days a week from sunrise to sunset and provides two 1/2 mile hiking trails north and south of the parking area on Dar Lane. In 2018, the Property Acquisition Division received a request from the Vikings Lookout Property Owners' Association, Inc. (POA) to consent to revitalize the Declaration of Protective Covenants that had been extinguished by operation. On May 15, 2018, the Board approved the revitalization as a request. On January 14, 2019, the Property Acquisition Division received a request from the Property Owners' Association, Inc. (POA) to approve another consent. The Florida Department of Economic Opportunity did not approve the reinstatement effort as some of the consent dates were not within 60 days of submittal. On February 19, 2019, the Board authorized the Chair to sign the consent. The agenda item indicated that the consent was subject to the understanding that the revitalization would not affect the County's ability to operate the Preserve in the same manner as the County has operated the Preserve since December 1995. Although the County consented in good faith to revitalize the covenants subject to the understanding set out, the Property Owners' Association, Inc. (POA) has attempted to lien the Preserve property. Besides Lot 8, the County has not paid any Property Owners' Association, Inc. (POA) assessments on the Preserve property since the County acquired the Preserve in December 1995. To avoid litigation, the parties have engaged in settlement discussions. On April 28, 2022, the County received a letter from the attorney for the Property Owners' Association, Inc. (POA) with a settlement "counteroffer." To facilitate Board discussion, staff presented the seven issues presented by the Property Owners' Association, Inc. (POA), followed by a suggested response prepared by County staff: 1. County staff does not recommend that the County convey the property surrounding the front gate to the POA. 2. County staff recommends that the Board impose a restrictive voluntary covenant on all County Preserve property (including Lot 8), providing for continued County operation of the Preserve but prohibiting the construction of residential and commercial buildings on the Preserve property. 3. County staff recommends that the County continue to pay POA fees on Lot 8 (as the County has paid on a voluntary basis for the past 27 years) and maintain Lot 8. The County will continue to use Lot 8 as it has been used for the past 27 years. The County is self -insured as to liability under TRICO and will provide a certificate to that effect. 271 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM 4. Lots #48 and #49 have environmental habitats on the lots. County staff does not recommend that the County allow the POA to clear out the lots to allow for RV, boat, and trailer storage and parking. 5. Lookout Boulevard is a private road with a gate that does not allow public access. County staff does not recommend that the County agree to contribute $12,000.00 annually to fund road reserve maintenance for the POA. 6. County staff recommends that the County expand the turn -around area before the entry gate in accordance with the recommendations from the County's Public Works Department. 7. County staff recommends that the County offer to grant the POA a license agreement to allow the POA to install and maintain landscaping (subject to County approval) in the center median. Staff recommended that the Board review County staff responses to the POA settlement counteroffer and determine whether to approve the recommended responses. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 3. Permission to Advertise an Ordinance - FIRE/EMS Protection Impact Fees Daniel McIntyre, County Attorney, presented this item to the Board. The St. Lucie County Fire District retained Dr. James C. Nicholas to update the St. Lucie County Fire/EMS Protection Impact Fee. The Fire District approved Dr. Nicholas' update and requested that the County amend the St. Lucie County Code to implement the update. The County's impact fee special counsel, Heather Encinosa, Esq., prepared a drafted Ordinance. The draft ordinance references Dr. Nicholas' update and incorporates the amended fee schedule recommended in the update. Staff recommended that the Board grant permission to advertise an ordinance, subject to the approval of the May 10, 2022 study by the St. Lucie County Fire District, and as finally reviewed and approved by the County Attorney. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None 281 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM I EXCUSED: None I B. PUBLIC SAFETY 1. Motorola Call Handling Equipment Project - COMPANION ITEM 10.13.2. Frank Amandro, Criminal Justice Director, and Rangel Guerrero, Public Safety Director, presented this item to the Board. The Public Safety Department requests approval to replace the current 911 Communications Center Call Handling Equipment (CHE) and upgrade our Enhanced 911 system capabilities that efficiently integrate IP landline routing, wireless and VoIP 911 emergency calls, and requests for assistance. The County's primary and backup Personal Sound Amplification Products (PSAP) are equipped with a 911 call handling system that is approximately eleven (11) years old and is configured for NG9-1-1 readiness. The replacement system will provide the County with the ability to field appropriately sized and interoperable PSAP's, St. Lucie County Public Safety & Backup Site — Rock Road, Fort Pierce, E-911 systems that meet the County's current and projected 911 workload requirements, provide required maintenance contracts that assure continuous operations and provide systems positioned for future upgrades to keep the system's current, consistent and, in uniformity of operation and technology with the Florida State E-911 to NG-911 plan. Staff recommended Board approval of the proposed agreements with Motorola Solutions Inc. and Vesta Solutions Inc. and authorization for the Chair to sign the agreements, subject to review and approval as to legal and correctness of the final agreements by the County Attorney. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 2. State of Florida E-911 Board Grant Application, Award, and Acceptance to replace 911 Communications Center system - CHE, NGCS, & ESlnet Services - COE"DANIOKI 1TrM 10.13.1. Frank Amandro, Criminal Justice Director, and Rangel Guerrero, Public Safety Director, presented this item to the Board. The Public Safety Department is requesting approval to accept the State of Florida E- 911 Board Grant award to replace the current 911 Communications Center Call Handling Equipment (CHE) and upgrade our Enhanced 911 system capabilities that efficiently integrate IP landline routing, wireless and VoIP 911 emergency calls and requests for assistance. The County's primary and backup Personal Sound Amplification Products (PSAPs) are equipped with a 911 call handling system that is approximately eleven (11) years old and is configured for NG9-1-1 readiness. The acceptance of the 291 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM grant award of $1.492 million will provide funding to replace the Call Handling Equipment (CHE) and the first year of the Call Routing portion of the system, the Next Generation Core Services (NGCS) and Emergency Services IP Network (ESlnet). The State of Florida E-911 Board awarded St. Lucie County $1,492,002.76 to replace our 911 Communications Center Call Handling Equipment in the amount of $1,074,303.76 and the first year of Next Generation Core Services (NGCS) and Emergency Service IP Network (ESlnet) in the amount of $417,699.00. Staff recommended Board acceptance of the Grant Award from the State of Florida E-911 Board to replace our 911 Communications Center Call Handling Equipment (CHE) and the first year of Next Generation Core Services (NGCS) and Emergency Service IP Network (ESlnet), and authorization for the Chair to sign documents as approved by the County Attorney. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None C. PUBLIC UTILITIES Update to Utility Funding Plan - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN George Landry, Director of Public Utilities, presented this item to the Board. On August 17, 2021, the Board approved allocating $34,200,000.00 in American Rescue Plan funds to expand Water and Wastewater lines throughout the utility service territory. At that time, the Utility staff presented a conceptual plan to construct a central water/wastewater plant at Taylor Dairy Road to service the County's north, central and south service areas. Since August of 2021, County staff has received proposals from engineering firms to design the line extensions funded by the Board and has submitted a permit application for the North County Regional Deep Injection Well at Taylor Dairy Road. Utility staff has also received updated costs for the proposed Lakewood Park Potable Water Project (MSBU) and the North Hutchinson Island Septic to Sewer (MSBU). Finally, the Utility staff has refined its conceptual analysis for optimal utility plan expansions. It has been concluded that implementing a sub -regional plant expansion program would best serve the County's anticipated future growth patterns. The updated concept for the Utility plant locations: • Taylor Dairy Road Site/North Sub -Regional Plants • Midway Road Site/South Sub -Regional Plants The County Utility requests an initial borrowing of $20 million to start implementing the expansion plan. To bring the proposed project's design and permit it to shovel -ready status while Utility staff and the County's Financial Adviser, PFM, work on a longer -term plan to secure the balance of funds needed to construct the 301 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM sub -regional treatment plants fully. The County Utility's rate and operational cost modeling consultant has prepared financial modeling for the initial funding plan and potential longer -term funding plan, which is attached for review by the Board. If the Board determines to proceed with an initial funding plan of $20 million, the County's Financial Advisor has recommended that the County solicit proposals from lending institutions. Depending on the proposals received, the Utility staff and the Financial Advisor would present the Board with options for proceeding with the initial design/permitting phase. Staff recommended the Board authorize the County's Financial Advisor to solicit proposals from financial institutions to fund the initial $20 million utility design/permit shovel -ready plan, as reviewed and approved by the County Attorney. Staff also recommends the Board approve the realignment of the American Rescue Plan projects in conjunction with the funding of Utility expansion. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE IMOVER: Commissioner District 5 Cathy Townsend I I SECONDER: Commissioner District 3 Linda Bartz I I AYES: Sean Mitchell, Chris Dzadovsky, Linda Bartz, Cathy Townsend I I NAYS: None I 1 EXCUSED: None 11. ANNOUNCEMENTS A. There will be a Juneteenth Community Celebration on June 18, 2022, from 11 AM - 7 PM at the Lincoln Park Community Center located at 1306 Avenue M, Fort Pierce. For more information, please contact Lincoln Park Community Center at 772-462-1788. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, July 5, 2022, at 6 PM 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 an Informal meeting on Tuesday, July 12, 2022, at 9 AM 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, July 19, 2022, at 9 AM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 31 1 Page BOCC Regular Meeting Tuesday, June 7, 2022 6:00 PM 12. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 9:30 PM. Please note: Final minutes are recorded in the official minute's books filed with the Clerk of the Circuit Court and available for inspection upon request. 321 Page