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HomeMy WebLinkAboutMinutes 06.06.2017S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting June 6, 2017 Convened: 6:00 PM Adjourned: 8:46 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 1, Chairman Chris Dzadovsky Attendee Name Chris Dzadovsky District No. 1, Chairman District No. 2, Vice -Chairman District No. 3 District No. 4 District No. 5 Administrator Arrived 6:00 PM Present Tod Mowery Present 6:00 PM Linda Bartz Present 6:00 PM Frannie Hutchinson Present 6:00 PM Cathy Townsend Present 6:00 PM Howard Tipton Present 6:00 PM Mark Satterlee Deputy Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Don West Public Works Director Present 6:00 PM Beth Ryder Community Services Director Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Ceretha Leon Human Resources Director Present 6:00 PM Ron Parrish Public Safety Director Present 6:00 PM Melissa Upton Clerk to the Board Present 6:00 PM 2. INVOCATION 3. PLEDGE OF ALLEGIANCE Generated 611212017 8:38 AM Regular Meeting Tuesday, June 6, 2017 6:00 PM 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, May 16, 2017 RESULT: ACCEPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2, Vice -Chairman AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 5. PROCLAMATIONS APPROVAL There are no items scheduled. 6. PUBLIC COMMENT Chairman Dzadovsky explained the items that were pulled from the agenda. He stated the public could address the Board on these items during this section of the meeting. He urged citizens concerned about the topic of biosolids or the Sunbreak Farms permit to contact FDEP and state legislature. Commissioner Mowery clarified that the compost ordinance amendment to be heard on June 20th is separate from the Sunbreak Farms topic. Mike Ketchpaw, St Lucie County Resident - Mr. Ketchpaw indicated he is a member of the Experimental Aircraft Association located at the Treasure Coast International Airport. He spoke about his organization and the Young Eagles Program. Mr. Ketchpaw explained the courses offered by the program and indicated that over the past 25 years over 2375 children have been able to fly at no cost. He asked the Board to consider assisting the group with funding to replace the deteriorating roof on their hangar. Chairman Dzadovsky thanked Mr. Ketchpaw and indicated that request could not be considered by the Board during the current meeting. He asked Mr. Ketchpaw to reach out to administrative staff with his request. Commissioner Townsend asked for a contact number for anyone interested in the Young Eagles Program. Mr. Ketchpaw indicated he can be reached directly at 772-766-6957. Ed Fry, 1816 Hazelwood Dr. Fort Pierce - Mr. Fry indicated he is also a member of the EAA. He spoke in support of the request for repairs to the hangar and provided an estimate of $25,000 for the work. He noted the airport budget for fiscal year ending September 30, 2016 had a balance $2.261 million. Chairman Dzadovsky indicated the county was looking to build a hangar for an MRO facility. Richard Silvestri, 5708 Buchanon Dr. Fort Pierce - Mr. Buchanon acknowledge the County Administrator's comments about Memorial Day. He also emphasized the importance of recognizing the 73rd anniversary of D-Day or the invasion of Normandy. Pete Tesch, St Lucie County Resident - Mr. Tesch identified himself as the President of the Economic Development Council of St Lucie County. He thanked the Board for the opportunity to present the resolution related to assistance and incentives for Maverick Boat Group. He spoke 21Page Regular Meeting Tuesday, June 6, 2017 6:00 PM about the positive impacts the manufacturer's expansion will have on the county. Mr. Tesch indicated the resolution contains language related to the clearing of a county -own easement, relief from sidewalk improvement and assistance in applying for the ten year ad valorem tax exemption. He commended county staff for their expedited response to the project. He stated the CEO of Maverick Boat Group, Scott Deal was present to answer any additional questions. Chairman Dzadovsky clarified that the sidewalk improvement relief was only because FDOT is expected to widen that road and add sidewalks in the future. Diane Goldberg, St Lucie County Resident - Ms. Goldberg indicated she was representing the Lakelas Chapter of the Florida Native Plant Society in St Lucie County and addressed the Board regarding the compost facility ordinance. She stated that the trucks carrying the compost and biosolids will be closed trucks. She emphasized the importance of farms utilizing biosolids follow maximum per acre guidelines. She stated the need to have "double A" rated biosolids and regulations regarding the maximum numbers of times to be used. Ms. Goldberg also spoke about the possible impact on local waterways. The following residents addressed the Board regarding the Sunbreak Farms' biosolid farming application to FDEP: Chairman Dzadovsky stated the comments made tonight would be sent to the FDEP and the state as part of their comment period. He reiterated that St Lucie County is not hearing this item at this time because an application has not been submitted to the county for consideration. Carol Anderson, 7228 Maidstone Dr. Port St Lucie, Ms. Anderson thanked county staff for their time and consideration of the topic of biosolids. She indicated the draft ordinance contains 90% of the requests made by constituents. She expressed additional concerns related to the use of biosolids in the communities west of 1-95. Ms. Anderson expressed her concerns regarding the application by Sunbreak Farms and the potential dangers of their biosolid use. She indicated she will submit her statement and images of the protected watersheds to county staff. Alan Norsworthy, 10137 Spyglass Ln. Port St Lucie - Mr. Norsworthy addressed the Board regarding his concerns related to the Sunbreak Farms application. He discussed the proposed uses of the crops grown with biosolids on the farm and the potential negative effects on the local ecosystem and waterways. Mr. Norsworthy also spoke about the presence of legal and illegal drugs in biosolids and provided documentation to the Board. Julie Norsworthy, 10137 Spyglass Ln. Port St Lucie - Ms. Norsworthy thanked the Board for the opportunity to voice their concerns and staff for their work related to the item. She discussed the open-air biosolids composting by Compost USA in the city of Santos and the permitting process related to that situation. Ms. Norsworthy discussed the complaints from the nursery adjacent to the property and her concerns that this situation is ongoing despite regulations. She reiterated her concerns on the possible damages to waterways, neighborhoods, businesses, farms and real estate. Charles Grande, Hutchinson Island Resident - Mr. Grande spoke about the agricultural use of fireworks and the process to control them in the state. He compared this process to the processing of commercial and industrial waste and biosolids on a property for farming. He spoke about the negative of effects of these materials ending up in local waters. Mr. Grande recommended treating compost like yard waste or biological waste and to not allow biosolids into the composting process. 3 1 P a g e Regular Meeting Tuesday, June 6, 2017 6:00 PM Paul Laura, St Lucie County Resident - Mr. Laura identified himself as the chairman of the Treasure Coast Democratic Environmental Caucus. He discussed the importance of considering the metrics related to the spread of biosolids and its effects. He expressed concern regarding the location of the farm near sensitive watershed. Mr. Laura also spoke about the necessity of monitoring by the county to ensure the process meets regulations and the location of the farm in regards to possible environmental impacts. He indicated the negative health links related to blue-green algae and the designation of Martin County as a cancer -cluster. Adam Locke, 5655 S Indian River Dr. Fort Pierce - Mr. Locke addressed the Board regarding the health and maintenance of the Indian River Lagoon. He spoke about his own observation of the negative impacts as a resident living on the river. He emphasized the need to protect the water of St Lucie County and urged the Board to send that message to FDEP. Jerry Buechler, 1719 SW Leafy Rd. Port St Lucie - Mr. Buechler indicated he was also a member of the Treasure Coast Democratic Environmental Caucus. He spoke about the size of the property in questions, noting it would be 10 square miles. He stated Sunbreak Farms will be utilizing twice as much Class B solid waste material as compared to other current facilities. Mr. Buechler expressed his concerns over the open-air processing of these materials and the possible economic impacts. He urged the Board to appeal to state leadership to address this topic and reform the statute. He discussed the impact of the high levels of nitrogen in biosolids. A. Hurricane Season Kick -Off - Ron Parrish, St. Lucie County Public Safety Director Ron Parrish, the County Public Safety Director and Gustavo Vilchez the Emergency Operations Manager presented the 2017 Hurricane Season Kick -Off. Mr. Vilchez discussed the 2017 hurricane season outlook and the project number and severity of storms. He explained the difference between a watch and warning and presented the new National Hurricane Center storm surge, flood, and wind speed prediction maps. Mr. Vilchez concluded with a seasonal forecast reminder of potentially strong storms. Mr. Parrish continued the presentation by detailing the major efforts to prepare for the hurricane season at the Emergency Operations Center; updates to technology, new resources and personnel, continued plan development, conducting stakeholder meetings, implementation of training and exercise, and community outreach efforts. Mr. Parrish also explained the Alert St Lucie Database and how residents can register to receive notifications from the county regarding emergencies at www.stlucieco.gov/alert. He detailed the registration process for the special needs registry and emphasized the importance of doing so for residents who qualify. He stated the public information line 772-460-HELP only activates during an emergency and directed the public to stlucieco.gov/eoc for information related to planning, preparedness and other resource information. Mr. Parrish concluded by emphasizing the importance of "prepare, plan and stay informed". 4 1 P a g e Regular Meeting Tuesday, June 6, 2017 6:00 PM 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend A. WARRANTS 1. Warrant Lists 32, 33 & 34 B. ADMINISTRATION 1. Budget Resolution - Stormwater Pollution Prevention Plan 2. Appointment to the Fort Pierce Wastewater Treatment Plant Ad -Hoc Working Committee 3. Commissioner Chris Dzadovsky's Appointment to the Housing Finance Authority C. COUNTY ATTORNEY 1. Memorandum of Agreement - Florida Department of Health in St. Lucie County and the St. Lucie County Sheriff 2. Permission to Advertise - Ordinance Amending Affordable Housing Advisory Committee Membership 3. Revocable License Agreement - River Park - 220 SE Camino Street - Parcel ID 3419-515- 0223-000-5 - Install fence in a Drainage/Utility Easement 4. Revocable License Agreement - Spanish Lakes Boulevard - Two Signs for Spanish Lakes Fairways 5. Resolution - 25' Drainage Easement - 1401 North 2nd Street - Parcel ID 2403-242-0002- 000-1 6. Surplus Property - Transfer to City of Fort Pierce 7. Resolution - Acceptance of Upland Area Monitoring and Management Plan and Addendum #1 for The Reserve 8. Request to void the Order Continuing the Demolition of 3107 Anderson Street, Fort Pierce 51Page Regular Meeting Tuesday, June 6, 2017 6:00 PM 9. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund 10. Resolution - Economic Development Incentives - Maverick Boat Group, Inc. D. COMMUNITY SERVICES 1. Resolution - Hurricane Loss Mitigation Program (HLMP) 2. Resolution - Florida Department of Transportation (FDOT) 5310 - Capital Vehicle Purchase 3. Resolution - Florida Department of Transportation (FDOT) 5310 - Direct Connect After Hours Transportation E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. INFORMATION TECHNOLOGY There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. K. PARKS, RECREATION & FACILITIES 1. SLC Sheriff's Summer Swimming Event L. PLANNING & DEVELOPMENT SERVICES 1. Resolution - Budget Resolution - Department of Economic Opportunity (DEO) Fisherman's Wharf Transition Zone Grant 2. Silver Oaks Development Agreement Permission to Advertise 6 1 P a g e Regular Meeting Tuesday, June 6, 2017 6:00 PM M. PUBLIC SAFETY There are no items scheduled. N. PUBLIC WORKS 1. Paradise Park Final Phase (System 1) Stormwater Design Services - First Amendment to C14-11-666 Work Authorization No. 01 2. North 2nd Street Change Order No. 23 and Change Order No. 24 with Mancil's Tractor Service, Inc. 3. Resolution - Fisherman's Wharf - Boat Ramp Design FWC Grant 4. Verada Ditch Phase 4 Permanent Repairs - Second Amendment to Work Authorization No. 41 5. Resolution - Kings Highway at Indrio Rd Improvements Joint Participation Agreement (JPA) Amendment No. 1 6. Resolution - Fra Mar/Wagner Municipal Services Benefit Unit (MSBU) 7. County Engineer Position O. SHERIFF'S OFFICE There are no items scheduled. P. SOLID WASTE There are no items scheduled. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. R. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. S. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS le��1�1�1 � l i'1 <et t l t�1.� ► l�'1 71Page Regular Meeting Tuesday, June 6, 2017 6:00 PM 1. Ordinance - Reauthorizing the Levy for the Local Option Fuel Tax The County Attorney presented this item for an ordinance to re -levy the local option fuel tax. He explained the county has adopted a local option fuel tax since 1986 which has been affected by changes to state law authorization. He noted the current law authorizes a total of 11 cents. The county previously adopted the five cent and six cent local option fuel tax. The County Attorney explained that levy expires on December 31, 2017. The draft ordinance, if adopted, would reauthorize the levy of this tax from January 1, 2018 through December 31, 2019. Staff indicated the draft ordinance provides for a six cent local option fuel tax that will be distributed to the county and the cities and used for transportation expenditures. He continued that proceeds from the five cent local option fuel tax may only be used for transportation expenditures needed to meet the requirements of the capital improvement element of an adopted comprehensive plan or for expenditures needed to meet immediate transportation problems and for other transportation related expenditures that are critical for building comprehensive roadway networks. Staff stated the six cent local option fuel tax would be levied upon every gallon of motor fuel and diesel fuel sold in the county and can be extended by a majority vote of the Board. The five cent local option fuel tax would be levied on motor fuel sold in the county and can be levied by an ordinance adopted by a majority plus one of the Board (at least 4 out of 5 commissioners). The Board granted permission to advertise the draft ordinance on May 16, 2017 and notice of the public hearing was published in the Tribune on May 25, 2017. Staff recommended approval of the ordinance. There were no comments from the public for this item. RESULT: ADOPTED [4 TO 11 MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3 AYES: Chris Dzadovsky, Tod Mowery, Linda Bartz, Cathy Townsend NAYS: Frannie Hutchinson 2. Ordinance - Amending Airport Overlay Zone The County Attorney presented this item for the first public hearing for an ordinance to amend the airport overlay zone. He indicated no action is required at this first hearing. The County Attorney explained a law was passed by state legislature that required all local governments must adopt airport protection zoning regulations. Staff indicated the county has had those regulations since 1990. However, there are newly required amendments that require the county to amend the ordinance. The County Attorney continued that the proposed ordinance will amend the Land Development Code to add certain definitions and guidelines will be added to provide a visual representation of the airport services and add use restrictions. The proposed ordinance incorporates the new requirement for FAA and FDOT review of permits related to new or existing structures which would constitute an obstruction in an airport hazard area. He stated permits would not be issued if the proposed action would increase the hazard. The county would retain the ability to review the permits and approve or deny them based on a list 8 1 P a g e Regular Meeting Tuesday, June 6, 2017 6:00 PM of factors. Staff indicated the amendments were drafted to meet the state law requirements. Notice of the public hearing was published in the News Tribune on May 22, 2017. He noted the Planning and Zoning Commission held a public hearing on the item and voted 8-0 to recommend the Board approve the ordinance. The second public hearing is scheduled for June 20, 2017 at 6pm. RESULT: 1ST READING APPROVED Next: 6/20/2017 6:00 PM 3. Ordinance - Amendments to Wireless Telecommunications Towers and Antennas Ordinance This item was withdrawn prior to the meeting. RESULT: WITHDRAWN 4. Proposed Ordinance Regulating Commercial Composting Facilities This item was withdrawn prior to the meeting. The item has been rescheduled for the June 20, 2017 meeting at 6pm. RESULT: WITHDRAWN B. PLANNING & DEVELOPMENT SERVICES 1. Ordinance Amending Libraries Impact Fees The Comprehensive Planning Coordinator presented the ordinance for the required 5 year update to the libraries impact fees, park impact fees law enforcement impact fees and public buildings impact fees. Items 9.13.1, 9.13.2, 9.13.3 and 9.13.4 were presented at this time. She explained the previous action on the item including the first public hearing held on April 4, 2017 and Planning and Development Services Department informational workshop on May 2, 2017 hosted by the Realtors Association including representatives of the St. Lucie Chamber of Commerce and the Treasure Coast Builders Association. Staff indicated at that workshop there were no concerns raised by those members. Staff recommended the Board adopt the proposed ordinances as drafted. The Comprehensive Planning Coordinator indicated each agenda item will need to be opened and closed to be voted on. There were no comments from the public for this item. RESULT: ADOPTED [UNANIMOUS] MOVER: Linda Bartz, District No. 3 SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 2. Ordinances - Amending Parks Impact Fees Items 9.13.1, 9.13.2, 9.13.3 and 9.13.4 were presented at the same time. Chairman Dzadovsky opened each item for comment from the public and asked for separate votes from the Board. There were no comments from the public for this item. 91Page Regular Meeting Tuesday, June 6, 2017 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 3. Ordinance - Amending Law Enforcement Impact Fees Items 9.13.1, 9.13.2, 9.13.3 and 9.13.4 were presented at the same time. Chairman Dzadovsky opened each item for comment from the public and asked for separate votes from the Board. There were no comments from the public for this item. RESULT: ADOPTED [UNANIMOUS] MOVER: Linda Bartz, District No. 3 SECONDER: Tod Mowery, District No. 2, Vice -Chairman AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 4. Ordinance - Amending Public Buildings Impact Fees Items 9.13.1, 9.13.2, 9.13.3 and 9.13.4 were presented at the same time. Chairman Dzadovsky opened each item for comment from the public and asked for separate votes from the Board. There were no comments from the public for this item. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Frannie Hutchinson, District No. 4 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 5. Ravinia Future Land Use Map Amendment The County Planning Manager presented this item for the petition for a future land use map amendment from residential suburban to residential urban for 50.29 acres located just south of West Midway Road. She also presented preliminary and final PUD approval for a project to be known as Ravinia PUD. Staff gave background information on the item, including previous action in 2006 and 2009. Staff presented a map of the site overview and surrounding boundaries. The County Planning Manager continued that this future land use petition is a legislative action, is a quasi-judicial item and requires public notice. On May 26 Local Planning Agency recommended denial of the future land use amendment by a vote of 4 to 3, and denial of the PUD by a vote of 6 to 1. She indicated at that hearing property owners spoke in opposition and their primary concerns were traffic on Christensen Road, density, buffers and protection of natural resources. Staff explained that on April 4, the public hearing for the future land use amendment was held and the Board voted 4 to 1 to transmit the item to the state. The Department of Economic Opportunity and four other agencies responded with no comments, recommendations or objections. She continued that since that meeting, the applicant has met with residents who had concerns and modified their plans to address those 101Pape Regular Meeting Tuesday, June 6, 2017 6:00 PM concerns. Staff noted the changes to limit Christensen Road to emergency access only and add an emergency easement south of the canal on Christensen Road. The County Planning Manager presented maps of the site location and surrounding areas. Staff also explained the proposed future land use amendment with will allow an additional 30 units in the Ravinia PUD. She noted adjacent future land use designations within the unincorporated county are RS or RU, which are similar to what is being proposed. RS allows a maximum of 2 units per acre and RU allows 5 units per acre. She explained that the the City of Port St Lucie RL low density future land use allows a maximum of 5 residential units per acre and the proposed RU future land use designation would be consistent with the surrounding neighborhood and non-residential existing uses. The County Planning Manager continued that the amendment lands are currently zoned PUD from the prior approval in 2006. If the current future land use amendment is approved, the proposed Ravinia PUD may be approved which would result in amending the zoning district to incorporate the new site plan. She explained that prior to approval of the proposed PUD the future land use amendment is needed. Staff explained the proposed RU future land use would allow up to 271 units on the subject 54.19 acre tract. On April 4 the Board approved the Ravinia Future Land Use Amendment for transmittal to the state to be reviewed under Chapter 163 Florida statues. The Department of Economic Opportunity and four other reviewing agencies responded with no objections, recommendations or comments. The Board indicated it could take final action on this proposed amendment at the current meeting. The County Planning Manager presented the purpose and intent of the project, explaining the proposed PUD consists of a two -phased residential community with two native habitats preserves, two lakes, and a .90-acre active recreational area. The preserves, open space and recreational areas represent 53.2% of the subject site. She noted the project's entrance is located on West Midway Road, with an emergency access road connection to Christensen Road north of the canal. The Engineering Department also requested a proposed emergency access easement to Christensen Road south of the canal. Sidewalks and pedestrian paths will be provided throughout the site and will connect to a sidewalk system along West Midway Road. She included other important characters of the site: Density is 2.77 units per acre as proposed, preserves cover 25% of the existing native habitat, the project maintains existing vegetation supplemented with native vegetation to be added later to buffer adjacent properties, provides 2 emergency access points to Christensen Road, and the site will provide an extension of Port St Lucie water and wastewater services to the site via Rainbow Drive. Staff concluded the proposed future land use change to be consistent with the county's Comprehensive Plan and the Land Development Code. The increase in density promotes the efficient use of existing public infrastructure and the reduction of vehicle miles traveled by locating this housing in close proximity of services such as shopping, school and work centers. She stated that with the recommended conditions of approval the PUD is consistent with the standards of review set forth in section 7.01.01 and staff therefore recommended approval of the proposal subject to the following: Receipts of the final signed and sealed plans; inclusion of a condition of approval requiring the Preliminary Plat prior to Final Plat approval and the updated site plan dated May 24. 11 1 P a g Regular Meeting Tuesday, June 6, 2017 6:00 PM Staff recommends the Board of County Commissions approve both petitions, in separate hearings. The County Attorney indicated the first item is the plan amendment and is legislative and will not require disclosures. He stated the second item is a re -zone site plan and is Quasi -Judicial and would require the Board to make their disclosures. Chairman Dzadovsky opened the hearing to the public at this time: Robert Swain, 2889 Rainbow Dr. Fort Pierce - Mr. Swain indicated his property abuts the proposed site. He explained his concern with changing the zoning to RS which allows 5 units per acre. Mr. Swain stated there are no houses with 40' lots in the area and expressed his concern with the removal of the wooded area near his home. Rebecca Rivas 3191 Daniels St. Fort Pierce - Ms. Rivas asked what the proposed lot sizes would be. The County Planning Manager answered the lots would be 40 feet wide and 110 feet deep. Ms. Rivas stated the surrounding neighborhood homes have at least 1/3 of an acre to 1/2 acre per home. She asked staff about the possibility of 271 units. The County Planning Manager indicated that number would be the maximum number, however it is not what is being proposed by the development. Ms. Rivas asked if that could be changed later. The County Planning Manager stated the future land use is separate from the site plan and the PUD is tied to the site plan. She stated that it could be changed later. Ms. Rivas indicated the development will need an ingress/egress onto Midway Road and explained the potentially dangerous traffic situation at the intersection. Ronna Perry, 5080 West Virginia Dr. Fort Pierce - Ms. Perry indicated she supported the emergency only road and asked how that would be enforced. She expressed concern that the development may turn that emergency road into another access point. She spoke about current issues with vehicles damaging the neighborhood. Ms. Perry also indicated her concern regarding environmental damages by the density of homes in the development. She discussed the potential increased traffic into her neighborhood by residents needing to turn around. To address Ms. Perry's questions the County Planning Manager provided a map of the surround land uses. She indicated the RL of Port St Lucie designation was also 5 units per acre, consistent with the RU designation of the county. She stated staff finds the designation consistent with the area. She also stated the emergency access roadway would only be accessible by emergency personnel via a knox box. The County Planning Manager addressed additional concerns, indicating street lights have been moved at the request of residents. Toby Overdorf, Vice President of Engineering, Design and Construction addressed the Board on behalf of the applicant. He thanked county staff for their assistance. Mr. Overdorf presented the changes from the 2006 site plan to the updated site plan for approval. He discussed the concerns raised by the public including: 12 1 Regular Meeting Tuesday, June 6, 2017 6:00 PM • Resident drivers exiting left onto Midway • Christensen Road Exit from development • Drainage from Ravinia onto West Virginia • Gopher tortoise/preserve management • Concern associated with utility resources • Home value reduction • Density concerns Since that time there was a public meeting with neighbors on May 18 and with the commissioners on May 23. Mr. Overdorf presented the updated site plan after public input and detailed the changes. This included the secured emergency access only to Christensen Road and there would be additional public hearings to change that designation. He discussed the maximum 271 units and indicated to change from the current proposed plan the PUD would have to be modified and therefore more public hearings would be required. Chairman Dzadovsky asked if there was an accident on Midway Road, how residents would exit the property. Mr. Overdorf answered that he would expect St Lucie County Fire Rescue to handle that situation. He stated the emergency access road is not planned for resident access to the property. Mr. Overdorf continued by explaining the traffic pattern for residents exiting the property onto Midway and indicated the current proposal follows the preferred method by DOT. He stated a left turn has been added to go into the development and therefore would not allow for a left turn going out of the development. He addressed the drainage concerns stating that it may be improved as some of the drainage from the West Virginia neighborhood will be directed through the development. He stated the vegetation to the east will be enhanced and will not remove any native vegetation except if it lies in the utility easement off Rainbow. Mr. Overdorf indicated any gopher tortoises will be removed by a state certified agent and the light polls were moved away from the property line. He addressed the density concerns by stating the site is proposing 2.77 units per acre with an average lot size of 5100 square feet. He stated 96% of lots are on lakes, preserve, recreation center and buffers and 53.2% of the site is open space. Mr. Overdorf presented images of the product type that will be in the development and a market value comparison of the development and the surrounding neighborhood. Commissioner Townsend reiterated Mr. Swain's concerns regarding the buffer from the development to Rainbow Drive. Mr. Overdorf presented a map of the area and indicated existing vegetation will remain as well as a 20 foot buffer. Commissioner Townsend asked for the acreage total of the surrounding streets. The County Planning Manager answered Rainbow Dr is 11.39 acres, Grey Twig Twelve Oaks is 9.63 acres, Lucy Lane is 9.7, and Christensen Road north of the canal is 9.8 acres. Commissioner Mowery asked about the 50 acre piece of land south of the canal and if staff considered keeping the same land use in place for that portion. He stated there are no adjacent areas with an RU designation. 131Page Regular Meeting Tuesday, June 6, 2017 6:00 PM Chairman Dzadovsky clarified the question to keep the RU south of the canal the same as the RS on either side of the parcel. He asked if there was a unity of title issue or part of the PUD requirement that would leave that property to the south as RS while maintaining RU to the north. The County Planning Manager stated she was unaware of any issues that would prevent the split land use. She added the county would not have to resubmit the request to the state because it would be less density. Mr. Overdorf stated the area south of the canal would only be 30 acres with 88 proposed units. He clarified the site would be 50 acres total. The County Planning Manager and Mr. Overdorf clarified the size of the proposed site. Commissioner Mowery confirmed RS would be 2 units per acre and RU would be 5 units per acre. Chairman Dzadovsky stated the proposed density would be 2.77 and therefore above the RS designation. Chairman Dzadovsky closed the public hearing at this time. Commissioner Hutchinson asked if questions regarding the traffic concerns should be asked during the next item for the PUD. Staff confirmed that would be the correct time. Commissioner Hutchinson asked if this item was approved along with the PUD, the current proposed density would be locked in. The County Planning Manager confirmed that and corrected her earlier comments regarding any changes. She stated anything over or above the current proposal would require a rezone with new public hearings. Commissioner Townsend confirmed that the public comment regarding that issue had been addressed. Commissioner Hutchinson indicated she would vote in support of this item but has concerns with the next item. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 6. Ravinia Preliminary and Final Development Plan Approval and Amendment to the Ravinia PUD Zoning District The County Planning Manager indicated this item was presented along with Item 9.13.6. Chairman Dzadovsky indicated the Board would like to have a conversation regarding the conditions of approval. The Quasi -Judicial hearing disclosures were made at this time: Commissioner Hutchinson indicated she spoke with staff, the applicant and several residents. Commissioner Townsend indicated she spoke with staff and the applicant. Commissioner Bartz indicated she spoke with staff and the applicant. Commissioner Mowery indicated he spoke with staff and the applicant. 141Page Regular Meeting Tuesday, June 6, 2017 6:00 PM Chairman Dzadovsky indicated he spoke with staff and the applicant and reviewed comments from residents. The County Planning Manager continued by covering the added conditions: inclusion of a condition of approval requiring the Preliminary Plat prior to Final Plat approval and the updated site plan dated May 24. She added this would also include the previous conditions of approval. Commissioner Hutchinson asked if there was a discussion regarding traffic studies once the work on Midway Road is complete. She stated the true numbers are hard to determine at this time and suggested a review of the traffic count in 5 years or at the completion of the build -out. She indicated a red light may be required at the intersection of Christensen and Midway. The County Planning Manager stated that would be a reasonable request to add as a condition of approval. Commissioner Mowery stated there would not be any additional activity at that intersection because the road would be emergency access only and therefore a traffic study would not be relevant. He expressed concern over the cost of 2 separate gates on that access road. He added that the county would need to consider the amount of additional traffic generated by 150 units in relation to the high cost of a traffic signal. Mr. Perry, a representative of the applicant addressed the Board. He stated a traffic study indicated a left turn lane from Midway Road into the development would be warranted and would eliminate concerns from Christensen Road residents. There were no comments from the public for this item. Commissioner Mowery indicated he does not have an issue with the total number of units but the lot size of 40 feet is not standard in the county. He discussed his conversations with the applicant to create 50 foot wide lots on Ashlyn Circle as an amendment to the site plan. He stated that would eliminate 2 to 3 units and felt that created a better buffer to Rainbow Drive. He reiterated the concerns regarding extensive efforts to improve the emergency access road that cannot be driven on by residents. Commissioner Mowery stated that he believed that roadway would be opened when Christensen is improved in the future. Commissioner Hutchinson asked if once the development is turned over to an HOA, would the residents be able to ask the county to open the emergency access road for public use. The County Planning Manager indicated the material for the emergency access would only create a stabilized access point to sustain emergency vehicles and not a full road. She answered to change that into a roadway, it would require an amendment to the PUD. The Board confirmed that condition was changed in the most recent update and provided comfort to residents that the emergency access point is not an actual paved roadway. Commissioner Mowery stated gates would not need to be provided at both ends. He stated residents would be required to pay to bring the access point up to standards for a roadway. 151Page Regular Meeting Tuesday, June 6, 2017 6:00 PM Commissioner Townsend asked if the applicant planned on making the development an HOA. Mr. Perry confirmed that was true. Commissioner Mowery reiterated his requests to amend the site plan to include 50 foot lots on Ashlyn Circle and asked to only include a gate on the Christensen Road side into the development. He stated the county standard does not typically include 2 gates and noted the HOA could take additional measures to prevent resident use of the area. Chairman Dzadovsky stated his concerns that without a gate on both ends residents may drive back into the area. He confirmed the request for 50 foot lots on Ashlyn Circle for lots number 23 through 35. Commissioner Townsend expressed her concern regarding residents accessing the emergency roadway. The Board confirmed there were 2 gates proposed on the emergency access road. Chairman Dzadovsky reiterated his request to keep both gates on the emergency access road to prevent cars from parking along the area. Mr. Perry confirmed the request for the 50 foot lots and to keep both gates on the emergency access road. Based on Board comments, Chairman Dzadovsky requested the removal of the second gate inside of the development. The Board requested to keep the gate from Christenson Road only. Commissioner Mowery moved to approve the item as amended. Commissioner Townsend seconded the motion. The motion passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 10. REGULAR AGENDA A. PLANNING & DEVELOPMENT SERVICES 1. Major Adjustment to Final Planned Unit Development (PUD) Site Plan - Sunset Beach The item was moved to Section 9. Public Hearing Prior to the meeting. The County Senior Planner presented this item for a major adjustment to the planned unit development (PUD) site plan for Sunset Beach PUD consisting of 43 single family residential lots with a recreational amenity. Staff presented an aerial map of the subject property located on Hutchinson Island and provided a history of the project dated back to 2009. The County Senior Planner presented the previous approved site plan and the proposed amended site plan. He noted the major changes of a revised location of the project's entrance road and the re -location of the recreational amenity approximately 500 feet to the south. He indicated these changes were based on a determination from the Florida Department of Environmental Protection that Joe's Pond is considered part of the state's Aquatic Preserve. Staff noted the entire remaining wetland and associated buffer will be placed under a conservation easement. He concluded the site plan 161Page Regular Meeting Tuesday, June 6, 2017 6:00 PM adjustment is consistent with the land development code and comprehensive plan and recommended Board approval. The Board made their disclosures for this Quasi -Judicial Hearing: Commissioner Mowery indicated he met with staff. Commissioner Hutchinson indicated she met with staff. Commissioner Bartz indicated she met with staff. Commissioner Townsend indicated she met with staff. Chairman Dzadovsky indicated he met with staff. Richard Ladyko, with Ladyko design group addressed the Board on behalf of the applicant. He explained the delay of the project based on the findings from the FDEP regarding Joe's Pond. He indicated he worked with FDEP to reach an acceptable site plan for the project. Mr. Ladyko stated the project is currently finishing the remainder of the permitting process. Chairman Dzadovsky asked about the Erosion Control Board's provisions regarding access to the beach area for renourishment. Mr. Ladyko answered that access has been provided and the bridge section would be the same as proposed previously. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 2. Fisherman's Wharf Redevelopment Plan The County Planning and Development Services Director presented the Fisherman's Wharf Redevelopment Plan. She indicated St Lucie County and the City of Fort Pierce are joint recipients of a Department of Economic Opportunity Technical Assistance Planning Grant. Staff presented maps of the area to be considered in the redevelopment plan and photos of the area. She discussed community outreach efforts to gain public feedback on the project, including a public meeting and the online workshop. The County Planning and Development Services Director noted the draft plan largely represented the desires of the community with only minor changes suggested. Staff detailed a map of the proposed development, including a proposed 3rd boat ramp which received a grant to expand these boat ramps. Staff reiterated the support of additional boat ramps from all parties involved in the redevelopment plan. Another alteration made as determined by the comments received included more rooftop gardens facing south on building ten at the intersection of Indian River Drive and Fisherman's Wharf. Staff addressed the concern of retaining the high quality businesses in the area by incorporating them into the redevelopment. She presented the update renderings of the proposed style for the area. She expressed the intention of using the images to market the area and move forward with creating partnerships with owners and developers. Staff also identified issues for future study such as collaborating with the City of Fort Pierce and to evaluate the Second Street Seaway Dr intersection for the possibility of only right-in/right-out traffic movements. The County Planning and Development Services Director concluded with the staff recommendation that the 171Page Regular Meeting Tuesday, June 6, 2017 6:00 PM county actively pursue land acquisition in the area, convert the stormwater retention pond to an enclosed retention system upon redevelopment of that parcel, identify off - sight boat trailer parking opportunities and to pursue funding for expanded boat ramp infrastructure. She indicated that at this time the Board may provide direction for further work on the redevelopment plan. Commissioner Hutchinson urged the Board to be realistic about the need for boat trailer parking in the area. She indicated this issue would be difficult to update in the future. She stated the county should seek Fort Pierce to take the lead on this topic. Commissioner Townsend confirmed the initial plans of utilizing the parking garage for the boat trailers would not be possible. She reiterated the importance of addressing the potential parking concerns from the beginning. Commissioner Mowery emphasized the possibility for this are to provide lots of opportunities for the area in the future. He stated most communities in South Florida did not purchase additional public lands and had the plans conform to the area available. He also stated the plans may not reflect the diversity of the community and asked staff to take that into consideration. Commissioner Townsend spoke about a proactive group of residents in Fort Pierce that had a vision for the area. She indicated a lot of these residents participated in the public meeting regarding this project and she emphasized the importance of taking their ideas into consideration. Commissioner Bartz thanked staff for their work and spoke about the impressive growth of the area. She emphasized the need for additional boat ramps and parking. She noted the county should continue working with the public and private partnerships. She reiterated Commissioner Mowery's comments regarding the importance of implementing the essential elements in the area. Commissioner Hutchinson clarified that she was not promoting the additional purchase of property. She stated the City of Fort Pierce may be more prepared, based on recent parking improvements in the city. Commissioner Mowery expressed his excitement over technological improvements in the future and how they may affect these current plans. The County Planning and Development Services Director asked that the Board approve the current plan and staff will add the recommendations as an update. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 1. South Florida Water Management District Environmental Resources Permit Modification No. 13-05321-P - All Aboard Florida - Litigation Update The County Attorney presented this item for a litigation update related to All Aboard Florida. Staff provided background on the project and indicated the county has focused on eliminating the negative impacts in vehicular/pedestrian safety at crossings and environmental impacts including impacts to water quality and wetlands. He stated the 18 1 P a g Regular Meeting Tuesday, June 6, 2017 6:00 PM Board has provided comments to the Federal Railroad Administration as part of the Environmental Impact Statement process. Staff indicated the county has achieved substantial improvements through that process. The County Attorney indicated that St Lucie County has worked with Martin County to appeal a permit from the South Florida Water Management District and is currently in the process of challenging that. He stated those proceedings will conclude within the next week. Staff listed the changes that were achieved: o Sidewalks with pedestrian safety gates have been added to the Harbor Branch University Crossing location. o Sidewalks with pedestrian safety gates have been added to the Chamberlain Boulevard Crossing location. o Quad Gates have been added to the Tarmac Road Crossing as requested. o Quad gates have been added to the Fisherman's Wharf Crossing as requested. o The substandard median divider has been removed from Midway Road Crossing and Quad Gates have been added. o The substandard median divider has been removed from Walton Road Crossing and Quad Gates have been added. 0 10' wide concrete multiuse paths with pedestrian safety gates have been added to the Midway Road Crossing location. 0 10' wide concrete multiuse paths with pedestrian safety gates have been added to the Walton Road Crossing location. Staff indicated that estimates of the value of the safety improvements already achieved range from $2.7 million to $3.9 million. He noted that litigation has taken longer than initially predicted. Staff stated that there are impacts that have not yet been addressed. The county continues to attempt mediation to reach a resolution that is acceptable to the Board. The County Attorney stated the county is requesting an additional $150,000 to complete the litigation. He stated that with the additional funds the county has spent $1 million. Staff recommended that the Board approve the transfer of $150,000 from the county's general fund emergency reserves to the professional services account. Chairman Dzadovsky spoke on behalf of the Board and thanked county staff for their significant achievements in the process thus far and expressed pride in St Lucie County for taking the lead. 19 1 P a g Regular Meeting Tuesday, June 6, 2017 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Informal Meeting on Tuesday, June 13th at 9 a.m. in Conference Room 43 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners Regular Meeting scheduled for Tuesday, June 20th at 9 a.m. has been rescheduled to Tuesday, June 20th at 6 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL . C. County offices will be closed on Tuesday, July 4, 2017 to observe the Fourth of July holiday. D. The Board of County Commissioners will hold a Regular Meeting on Wednesday, July 5th at 6 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL . E. The Board of County Commissioners will hold an Informal Meeting on Tuesday, July 11th at 9 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL . 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 20 1