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HomeMy WebLinkAboutMinutes 12.20.2016S■TkaL■(di 1 E COUNTY F L o R I D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting December 20, 2016 Convened: 6:00 PM Adjourned: 10:29 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chairman Chris Dzadovsky Attendee Name 0 itle District No. 1, Chairman Status Arrived Chris Dzadovsky Present 6:00 PM Tod Mowery District No. 2, Vice -Chairman Present 6:00 PM Linda Bartz District No. 3 Present 6:00 PM Frannie Hutchinson District No. 4 Present 6:00 PM Cathy Townsend District No. 5 Present 6:00 PM Bob Adolphe Deputy County Administrator Present 16:00 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 Edward Matthews Parks, Recreation & Facilities Director Present 6:00 PM Don West Public Works Director Present 6:00 PM Laurie Waldie Utility Director Present 6:00 PM Beth Ryder Community Services 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 1212212016 4:48 PM Regular Meeting Tuesday, December 20, 2016 6:00 PM 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, November 22, 2016 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend B. Board of County Commissioners minutes for the meeting of Tuesday, December 06, 2016 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 5. PROCLAMATIONS APPROVAL There are no items scheduled. 6. PUBLIC COMMENT (excluding Public Hearing items) Chairman Dzadovsky recessed the meeting at 6:03 PM to convene as the Erosion District and Mosquito Control District. The Board reconvened at 6:06 PM for Public Comment. Dave Jonas, St Lucie County Resident - Mr. Jonas identified himself as the President of Fronton Holdings LLC, Fort Pierce Jai -Alai. He thanked the Board and county residents for the support in getting the referendum passed. He indicated that if the item is able to get on the legislative agenda for St Lucie County, his company plans on seeing the project through to the end and being the best corporate citizen as possible. Craig Mundt, St Lucie County Resident - Mr. Mundt identified himself as a representative of the UDT Seal Museum. He notified the Board that 2 days before the muster event in November, the last efforts to clean up the new $700,000 gallery were completed. He indicated that there was no grand opening celebration, as there was a rush to put the gallery into service for the muster. He invited the Board and public to visit the new wing of the museum. 7. PRESENTATIONS There are no items scheduled. 8. CONSENT AGENDA 2 1 P a g e Regular Meeting Tuesday, December 20, 2016 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend A. WARRANTS 1. Warrant Lists 9 & 10 B. ADMINISTRATION 1. Airport Hanger and Office Ground Sublease Transfer - From William Barrows (Capital Holdings 121, LLC) to Richard Neil (RTN Enterprises, INC) by Fort Pierce FBO, LLC. 2. Airport Hanger and Office Sublease - Dixie Airlines, LLC & Fort Pierce FBO, LLC 3. 2017 State Legislative Priorities 4. Request for Proposal (RFP) No. 17-002, State Lobbyist Services Commissioner Hutchison pulled this item from the Consent Agenda for a separate vote. Commissioner Hutchinson stated that she was against the proposal due to the conditions surround the partnership with the City of Fort Pierce and school board. Commissioner Mowery indicated that he is glad to St Lucie County working to create the partnerships with the city and expressed his support. Chairman Dzadovsky indicated that this would be a pilot program and expressed his support. Commissioner Mowery made the motion to approve the item. Without a second, the motion was not considered. Commissioner Hutchinson made the motion to deny the request. Without a second, the motion was not considered. Commissioner Bartz made a new motion to approve, Commissioner Mowery seconded the motion. Commissioner Mowery reiterated that this would be a pilot program used to collaborate with the entities to do lobbying services. Commissioner Townsend expressed her concerns due to the amount the City of Fort Pierce and the school board are contributing. She confirmed that the city would contribute $10,000. Commissioner Hutchison indicated that because the county will be responsible for the majority of the costs, she did not feel it constituted a true partnership in regards to the work that would be completed. Chairman Dzadovsky noted that the items on the City of Fort Pierce's agenda matched many of the things the county would be pursuing as well. 3 1 P a g e Regular Meeting Tuesday, December 20, 2016 6:00 PM The Legislative Affairs Manager confirmed that the pilot program would be for 1 year. She explained the benefits of the community effort to achieve goals throughout the county. Commissioner Mowery added that the county will already be lobbying for these issues and stated that with this agreement there would be additional money and support. Commissioner Hutchinson indicated that the county has always supported the legislative efforts of the municipalities and other entities. She stated that the fees paid by the city and school board will pay outside lobbyists and not county staff. Commissioner Mowery added that without the agreement the county is unable to speak on behalf of the entities. Commissioner Townsend asked staff if she would be presenting items on behalf of the city only. The Legislative Affairs Manager confirmed that she is unable to represent the city alone, because she is a county employee. Chairman Dzadovsky asked for the roll to be called and the motioned passed. C. COUNTY ATTORNEY 1. Permission to Advertise - Notice of Public Hearing - St. Lucie Gardens - Abandon a portion of access rights -of -way in Section 7, Township 37 South, Range 40 East 2. Revocable License Agreement - Monitoring Wells on Bell Avenue, Oleander Avenue, Farmers Market Road and South Market Avenue 3. Revocable License Agreement - Holiday Pines Subdivision Phase II-B - 5001 Tamoka Court 4. Resolution - Award of the 2016/17 Alcohol and Other Drug Abuse Treatment Fund Grant to the St. Lucie County Drug Screening Lab 5. Airport Hangar Sublease - Assignment from Estate of Stanley Orginz to Bernard and Catherine Estes 6. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund 7. Permission to Advertise - Extending the Term of the Fourth and Fifth Cent Tourism Development Tax to December 31, 2042 D. COMMUNITY SERVICES 1. Resolution - Community Services Block Grant (CSBG) Acceptance FY17 agreement E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES 4 1 P a g e Regular Meeting Tuesday, December 20, 2016 6:00 PM 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 1. Request for Qualifications (RFQ) No. 16-054, Professional Design Services for Sabal Creek Potable Water Improvements K. PARKS, RECREATION & FACILITIES 1. Busch Family Foundation PBR L. PLANNING & DEVELOPMENT SERVICES 1. Resolution - Department of Economic Opportunity (DEO) Technical Assistance Grant Agreement 2016-2017 (P0217) M. PUBLIC SAFETY 1. Treasure Coast Regional Communications System Standard Operating Procedure Manual for 800 MHz 2. Amendment #1 to West/Intrado Agreements 3. Hurricane Matthew Federally Funded Public Assistance State Agreement N. PUBLIC WORKS 1. Resolution - W. Midway Road from Glades Cut-off Road to Selvitz Road Design - Locally Funded Agreement, Memorandum of Agreement 2. North 2nd Street Change Order No. 20 with Mancil's Tractor Service, Inc. 3. Resolution - Paradise Park System 4 - Phase 5 Stormwater Retrofit; Indian River Lagoon Council 4. Resolution - Artificial Reef Construction FWC#15135 - Amendment 3 5 1 P a g e Regular Meeting Tuesday, December 20, 2016 6:00 PM O. SHERIFF'S OFFICE 1. Resolution - Authorization to Accept the 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) - Countywide 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 A. PLANNING & DEVELOPMENT SERVICES 1. Ordinance - Proposed Text Amendment to the Land Development Code, Text Amendment to the River Park — Community Overlay Zone to allow the uses of gas stations and eating places- 2nd Reading Chairman Dzadovsky indicated that this presentation pertains to the text amendment to the Land Development Code. The County Planning Manager presented this item on behalf of BrightWork Real Estate for the Text Amendment to the Land Development Code with would allow for the uses of gas stations and eating places. She indicated that this is the second reading of the item. Staff continued her presentation by explaining the River Park Community overlay zone currently prohibits eating and drinking places and gasoline and other fuel services. With the text amendment, those uses would be allowed in the overlay. She stated that text was added to allow gasoline sales in intersection zones with the required PNRD. The County Planning Manager explained that per staff analysis, the proposed text amendment is inconsistent with the St Lucie County Comprehensive Plan and is internally inconsistent with the Land Development Code. She stated it is contrary to objective 1.18 that calls for protecting the quality of life of single-family neighborhoods and protecting from the encroachment of commercial uses. She added it is contrary to 1.1.8.4 which states that commercial uses shall be compatible with the surrounding residential uses. She indicated that the recent workshops with the neighborhood 6 1 P a g e Regular Meeting Tuesday, December 20, 2016 6:00 PM solidified that gas stations and eating places were not compatible with the surrounding neighborhood. Staff recommended that the Board deny the petition to amend the Ricer Park community overlay zone. Commissioner Dzadovsky asked staff about the 3rd party consultant review and the status of the report. The County Planning Manager indicated that the draft is complete and currently under review by staff. She indicated that there was a staffing change which delayed the full review. Commissioner Dzadovsky indicated that the report had not been presented to the Board for review. Commissioner Hutchinson asked when the report would be presented to the Board. Staff answered it would go before the Planning and Zoning Commission as early as February. Brad Currie with Engineering, Design and Construction addressed the Board on behalf of the applicant. He indicated that his presentation contained information pertinent to all items on the agenda. Chairman Dzadovsky stated that the current item before the Board is for the text amendment request and to avoid confusion Mr. Currie's comments should be limited to this topic. Mr. Currie indicated that the text amendment would apply only to the intersection zones and clarified that it would not allow gas stations anywhere else along Prima Vista. Commissioner Dzadovsky clarified that this applies only to the overlay zone, and the gas station would be allowed in another location in St Lucie County. The County Planning Manager added that the existing buildings could be torn down and turned into gas stations. Mr. Currie noted that the buildings in that area are only 1 lot deep and would not provide enough space for a gas station. Commissioner Hutchinson asked to confirm that the lot size would not work for the gas station as proposed, however smaller gas station would be able to use the space. Mr. Currie confirmed that fact and added that new gas stations are larger due to food service and other offerings. Chairman Dzadovsky spoke about the location of other WaWa gas stations in the area and noted they are located on larger roadways in commercial areas. Chairman Dzadovsky opened the hearing to the public at this time. Gertrude McCloud, 377 NE Floresta Dr. - Ms. McCloud spoke against the text amendment. She spoke about the email she sent to the Board and reviewed the key points. She also discussed her experience living in the area since 2004. Dorothy Nichols, 209 NE Prima Vista - Ms. Nichols spoke in favor of the text amendment. She stated the issues in her neighborhood since the road was expanded. Chairman Dzadovsky indicated that the text amendment was not specific to WaWa and asked if Ms. Nichols would still support the amendment if it were for another gas station. Ms. Nichols stated that she would support any commercial development on the road. 7 1 P a g E Regular Meeting Tuesday, December 20, 2016 6:00 PM Wayne Robert Nichols, 209 NE Prima Vista Blvd - Mr. Nichols spoke in favor of the text amendment. Selena Costello, 628 SE Egan Dr - Ms. Costello spoke in favor of the text amendment. She spoke about the conditions of the roadway and suggested it should be made into a commercial area. Commissioner Mowery asked for clarification of Ms. Costello's comments regarding the overlay. Ms. Costello confirmed that she was in favor of the change in the text amendment to allow gas station and eating places. Commissioner Townsend clarified that this amendment will not remove the overlay, but rather will change the conditions of the overlay. Ms. Costello confirmed her understanding of this information. Sally Brunner, 490 E Prima Vista - Ms. Brunner spoke in favor of the text amendment. She spoke about her experience living along the roadway since 1980 and the changes the area has undergone. Kathleen Ivins, 160 SE Floresta Dr - Ms. Ivins spoke in favor of the text amendment. She discussed the conflicting conditions along the roadway and stated that those opposed to the amendment do not live within 500 feet of the proposed site. Ms. Ivins expressed her opinion that the 42 votes counted during the neighborhood meeting were not representative of the 1700 homes in River Park. She also spoke about the dangers of the abandoned homes in the area. Michael Costello, 185 Celestia Court - Mr. Costello spoke in favor of the text amendment. He stated that the area needs to be commercial and the homes are unlivable due to heavy traffic. He indicated that the change would provide jobs for the area. Chris Costello, 185 Celestia Court - Mr. Costello spoke in favor of the text amendment. Jim Caranathy, 260 Prima Vista Blvd - Mr. Caranathy spoke in support of the text amendment. He noted the important factor of the amendment pertaining only to intersections. Jonathan McCadden, 181 SE Celestia Court - Mr. McCadden spoke in support of the text amendment on behalf of his mother, Maria McCadden. He spoke about the impact of the widening of Prima Vista on the neighborhood. Robert Wills, 175 SE Celestia Court - Mr. Wills spoke in support of the text amendment. James Ivins, 236 Seleta Dr - Mr. Ivins spoke in support of the text amendment. He indicated that he previously lived at 190 SE Prima Vista Blvd. Mr. Ivins noted that the road should be considered a highway after the widening project was completed. Mike Corsello, 108 Camino St - Mr. Corsello spoke in favor of the text amendment. Ryan Pytel, 261 NE Prima Vista - Mr. Pytel spoke in favor of the text amendment. He stated that the current overlay would allow for other commercial uses in the area and indicated that the traffic in the area is the main cause of issues. He noted that only half of the homes on Prima Vista have a homestead exemption, which indicates that the residents are not making these properties their permanent homes. Michael Costello Jr, St Lucie County Resident - Mr. Costello spoke in favor of the text amendment. Regular Meeting Tuesday, December 20, 2016 6:00 PM Robert Davis, 382 SE Naranja Ave - Mr. Davis spoke about against the text amendment. He mentioned the work that has been done by county staff and consultants for the commercialization of the area. Chairman Dzadovsky closed the public hearing at this time and asked staff to address comments regarding the project taking 10 years to complete. The County Planning Manager detailed the timeline of the project and indicated that the formal application was submitted in late March of 2016. She indicated that the consultant will be recommended to pursue a different direction if the proposed amendment passes. At this time, Commissioner Mowery made the motion to approve the ordinance for the proposed amendment to the River Park community overlay zone. Commissioner Townsend seconded the motion. Chairman Dzadovsky indicated that he could not support the amendment based on the effort and money put into the project by the county and the fact that the Board has not been able to review the report from the consultant. He stated that this decision will be long lasting for everyone involved. He asked the Board to move the decision until February so that the Board would be able to conduct a workshop to review the findings of that report. Commissioner Bartz reiterated Chairman Dzadovsky's comments regarding the consultant's report. She expressed her understanding of the conditions of the proposed site and felt that the decision should not be taken lightly to protect the quality of life of the residents. Chairman Dzadovsky stated that he is not for or against the application itself, but he felt hesitant that the decision was pushed forward so quickly. He indicated he would support tabling the decision until February. At this time, a member of the audience attempted to address the Board, Chairman Dzadovsky stated that public comment for this item had closed. Commissioner Hutchinson indicated that she has struggled with this decision based on her experience with the public regarding the project. She stated the original overlay was voted on in 1996 and felt that changes to the overlay needed to be made. She expressed her possible support of Chairman Dzadovsky's decision to wait until February. Commissioner Hutchinson asked planning staff to confirm that the report would be presented in February. Staff answered that he report would need to go before the Planning and Zoning Commission first. The Deputy County Administrator stated that the Board could review the report in an informal meeting as quickly as possible. Chairman Dzadovsky asked what the next step would be after the Board review the report. Staff confirmed the Planning and Zoning Commission would have to approve the report before it went back before the Board for a decision. She indicated that this would allow for any changes by the Board. Commissioner Hutchinson confirmed that this would allow for the change to permit gas stations, but could possibly limit the size. 9 1 P a g e Regular Meeting Tuesday, December 20, 2016 6:00 PM Staff confirmed that the consultant would be directed based on the Board's suggestions, however the original changes were recommended based on community feedback. Commissioner Mowery stated that there may be a bias towards the development of the report and repeated staff's remarks that the decision to approve would be moving in the "opposite direction". He indicated that the consultant would not be developing his report based on their professional opinion, but rather the community meeting from 2 years ago. The County Planning Manager stated that part of the original delay was due to a lack of budget at the time. Commissioner Mowery reiterated that the delay to see the report would reflect opinions from 2014 and not the current Board. He discussed the planned changes to the roadway and the development that has already occurred. Chairman Dzadovsky reiterated that the Board is under no obligation to move quickly, but is doing so at the request of the applicant. He emphasized the importance of having the information from the report to consider. Commissioner Townsend confirmed with staff that the consultant would make the same recommendation to deny the application. She stated that delaying the decision is prolonging the impact on the quality of life for the residents living in the area. Chairman Dzadovsky discussed the possible benefits of expanding changes to the overlay to areas beyond the intersections recommended in the current proposed amendment. He restated his recommendation to hear the results of the report during a workshop, where the public will be invited and bring the decision back to the Board. Commissioner Hutchinson asked staff if medical offices are currently allowed. The County Planning Manager answered that small scale commercial is allowed. Mr. Currie stated that he believed they were not allowed outside the intersection zones based on the comprehensive plan amendment. Chairman Dzadovsky directed the discussion back to the Board. Commissioner Townsend asked for clarification that by allowing gas stations, the other conditions of the overlay will still be present. County staff confirmed that this amendment will only add things, not take anything away. Commissioner Mowery reiterated that the overlay remains and there is only 1 application for discussion. He discussed possible measures to protect the neighborhood and move toward a particular goal. Commissioner Hutchinson asked if the change was approved, would future applicants go through the same process of PNRD and public hearings. The Planning Manager confirmed there would be a PNRD and conditional use permits. Commissioner Townsend asked if another applicant wanted to build in another area along the roadway, they would go through the same process. Staff stated that this application would restrict to intersection zones. At this time, Chairman Dzadovsky asked for the roll to be called. Commissioner Hutchinson indicated her support of the amendment based on needed changes to the overlay and the ability to see the consultant report in the future. Commissioner Bartz indicated her support of the amendment based on restrictions for any future applicants. 10 1 P a g Regular Meeting Tuesday, December 20, 2016 6:00 PM Chairman Dzadovsky voted against the amendment based on the lack of report and lack of time sensitivity. Upon roll call, the motion passed. RESULT: ADOPTED [4 TO 11 MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Tod Mowery, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: Chris Dzadovsky 2. Resolution - Preliminary/Final Planned Non Residential Development Site Plan, and Zoning Atlas Amendment (Rezoning) The County Planning Manager presented this item for the preliminary/final planned non residential site plan and zoning atlas amendment. Staff begin by presenting a map of the River Park community and proposed site. She described the purpose of a PNRD and the 8 site plan performance standards for the River Park overlay. Staff also presented the 5911 square foot site plan as proposed by the applicant and detailed the aspects of the site such as parking, driveways and placement of gas pumps. She noted that the applicant requested full access in their September submittal. The County Planning Manager that the Planning and Zoning Commission met on October 20 and recommended denial of the project based on lack of compromise on a number of site plan issues. Staff indicated that the applicant failed to reorient the building to have the main entrance face Prima Vista Boulevard, rather than Floresta. She also discussed concerns regarding the traffic and the queuing observation conducted by the county's Traffic Consultant, at the intersection of Prima Vista Boulevard and Floresta Drive The summary identifies a number of instances during a.m. and p.m. peak hours where the eastbound queues extend beyond the project's full access. Staff explained this would make the westbound left -in and left out turning movements difficult and provide a number of conflict points. Staff concluded that the applicant has failed to revise the site plan and architecture based on staff feedback to make it more compatible with surrounding land use. Staff recommends denial of the site plan and rezoning. This item was identified as a quasi-judicial item and the Board made their disclosures. Commissioner Hutchinson indicated she spoke with staff, the applicant and received emails and phone calls from residents. Commissioner Hutchinson indicated she spoke with staff, the applicant and received emails and phone calls from residents. Commissioner Mowery indicated he spoke with staff, the applicant and received emails and phone calls from residents. Commissioner Townsend indicated she spoke with staff, the applicant and received emails and phone calls from residents. 111 Page Regular Meeting Tuesday, December 20, 2016 6:00 PM Commissioner Bartz indicated she spoke with staff, the applicant and received emails and phone calls from residents. Chairman Dzadovsky indicated he spoke with Ms. Ivins and other residents, Mr. Currie and staff from WaWa. At this time, Mr. Currie began his presentation on behalf of the applicant. He presented the Board with a handout detailing the 26 conditions of approval related to the PNRD and conditional use permits. He explained the positive impact of the WaWa in Indian River County. He reviewed the map of the proposed site plan and surrounding neighborhood. He addressed the comments regarding the addition of full access during the September submittal by explaining that the change was made to provide the required distance from Floresta. Mr. Currie presented the buffer and landscape plans. He covered the details of the overlay zone, including the 242 properties located in the zone and examples of the types of properties in the area. He explained that the residents living along Prima Vista are "trapped" and unable to sell their properties. Mr. Currie reviewed the list of conditions of approval and the proposed changes for the Board. 1. Hours of operation for convenience store shall be restricted to 5:00 a.m. to 11:00 p.m. Mr. Currie indicated that two other stores along Prima Vista currently operate 24 hours a day. The code does not prohibit 24 hour operation and may provide for extra security. Commissioner Hutchinson asked which stores were also 24 hours. Mr. Currie answered the Speedway on the corner of Bayshore and Prima Vista and the 7/11 on the corner of Airoso and Prima Vista. 2. Commercial deliveries of services and goods shall be restricted to the hours of 7:00 a.m. to 7:00 p.m. Mr. Currie recommended no deliveries between 12:00 A.M. and 4:00 A.M. due to breakfast sales. He indicated that there is no control over the schedule of fuel trucks, they are based on demand. Chairman Dzadovsky expressed concern over fuel tankers entering and exiting the site safely. Mr. Currie stated that the auto -turn analysis in the plans showed the tanker trucks would come off Prima Vista and circle around to take a right onto Prima Vista. 3. The convenience store shall have an appropriate security system to include but not limited to, cameras with video retrieval capabilities. There were no changes. 4. These shall be no outdoor displays of materials or goods with the exception of dining apparatus - tables, chairs, umbrellas, and benches. There were no changes. 5. All roof mounted equipment shall be screened via parapet wall so as not to be visible from ground level. There were no changes. 12 1 Regular Meeting Tuesday, December 20, 2016 6:00 PM 6. The amount of exterior lighting shall be reduced to zero (0) foot-candle readings at all property lines. There were no changes. 7. No outdoor speakers or public address systems shall be permitted, except as necessary to comply with handicap accessibility requirements for the gasoline pumps. Mr. Currie noted that this condition would be removed completely based on: speakers have to be there for ADA reason and to assist customer. He noted that speakers will be there for the outside seating area and the noise will comply with Section 94.04, Table 1, Maximum permissible sound levels. 8. The applicant shall modify the site plan drawings to widen the pavement adjacent to Serenata Court in order to accommodate a U-turn movement for an F-350 pick-up or similar vehicles. Mr. Currie noted this is a condition of the city and there were no changes. 9. There shall be no advertising or signage on the gasoline pumps and canopy with the exception of signage for the corporate name and/or logo. There were no changes. 10. The applicant shall revise the site plan drawings to re -locate the air pumps to an interior side yard or rear location that is acceptable by staff. Mr. Currie presented the site plan and proposed location of the air pumps based on their customers' expectations and noted the area will be landscaped. 11. The applicant shall revise the site plan drawings and rear building elevation that removes the 20-foot one way drive in the rear of the building and provides for a trash corral that is integrated in the (rear) design of the building along with a minimum 12' x 35' loading zone. Mr. Currie discussed the importance of having the glass front of the building facing the gas pumps. He noted that there must be circulation around the building. He discussed the conditions to improve the dumpster used on site. 12. The applicant shall revised the sign package to reduce the size or height of the individual channel letter for the wall signs to 36" (Prima Vista Boulevard elevation) and 242' (Floresta Drive elevation) and 16" for the monument sign. Mr. Currie spoke about the proposed sizes of the 3 signs for the building, including one with 16" letters, one with 35" and one with 44". 13. The applicant shall revise the site plan drawings to eliminate the left out and left in turn movements for Prima Vista Boulevard Driveway and provide a raised median for a right -turn in and right -turn out only. Mr. Currie discussed the traffic conditions related to this item. Chairman Dzadovsky mentioned the community to the west and the curvature in the roadway which creates a line of sight concern. He expressed concern for the safety of this area. He urged staff to reconsider this condition. Mr. Currie indicated that he had met with staff and adjusted the site according to their recommendations. Commissioner Hutchinson asked if the striping was the only safety measure. She noted that residential traffic is different from commercial traffic. She asked if the size of 13 1 Regular Meeting Tuesday, December 20, 2016 6:00 PM delivery trucks was taken into consideration. Mr. Currie confirmed this and added that constructing concrete would limit access to properties. He noted that it would be a right in/right out only for trucks. 14. The proposed ingress/egress for Floresta Drive shall be modified to allow only for a right -turn in movement. Mr. Currie detailed the proposed changes to direct traffic in the area, which totals $250,000 in improvements to Floresta. He indicated that the City of Port Saint Lucie provided their own conditions of approval, if St Lucie County accepts the application. Chairman Dzadovsky asked about the map presented by Mr. Currie. Mr. Currie described the changes to the roadway including creating an asphalt turnaround. 15. Prior to the issuance of a building permit, that applicant shall record the 7' x 14' bus shelter easement adjacent to Prima Vista Boulevard. There were no changes. 16. Prior to the issuance of a building permit, the applicant shall process a unity of title with St. Lucie County Property Appraiser to combine the ten (10) lots into one unified parcel. There were no changes. 17. Prior to the issuance of a building permit, the applicant shall provide revised building elevations (all sides) acceptable to the Planning and Development Services Director. The front (Prima Vista Boulevard) elevation shall depict a tower entry feature similar in design as the proposed east elevation as shown on the drawings prepared by Thomas Sing and Awning Co. (Sheet 2 of 7). Mr. Currie explained that changing of the orientation of the building at this stage would be difficult. Commissioner Hutchinson expressed concern regarding this aspect of the building, by placing the entrance of the building on Floresta, which is a 2-lane road. She noted that the front of the building determines the address, which would be Floresta in this case. Mr. Currie explained that it is the orientation of the building and no other store plans would fit in that location. 18. Prior to the issuance of a Vegetation Removal Permit or Exemption, the developers, their successor or assigns, shall conduct a pre -construction meeting with construction personnel and Environmental Resources staff, to verify vegetation protection measure have been installed. There were no changes. 19. Within 90 days of site plan approval all invasive exotic vegetation located with the property boundary shall be removed (Land Development Code Section 7.09.05). There were no changes. 20. The developer shall be responsible for the redesign and construction of the westbound and eastbound left turn lanes along Prima Vista Boulevard at the time when the County determines that the queues are interfering with each other, or and 14 1 Regular Meeting Tuesday, December 20, 2016 6:00 PM adjacent through lane is obstructed due to lack of storage on either left turn lanes. The eastbound left turn lane to Floresta Drive shall prevail over the westbound left turn lane to the Wawa driveway. The cost of the redesign and construction shall be the responsibility of the developer. Design plans shall be submitted to the Count for review and approval. A Right -Of -Way permit shall be required prior to executing any construction work. A Roadway Improvement Agreement (RIA) and the appropriate surety in a form acceptable to the County Attorney shall be provided before the Right - Of Way Permit is issued. Mr. Currie explained that the concern will be monitored, however he felt the condition was open-ended and suggested a 6 month time period. 21. A Roadway Improvement Agreement (RIA) together with the appropriate surety shall be required for all construction of improvements within the County ROW. Please be advised that a right of way permit will not be issued until the RIA and the surety have been submitted. There were no changes. 22. A Right -Of -Way permit shall be required for the construction activates with the County road Right -Of -Way. There were no changes. 23. A St. Lucie County Storm water permit shall be required. 25. Prior to the issuance of any building permit, engineering construction plans shall be submitted to the Public Works Department, Engineering Division for review and approval. There were no changes. 24. Prior to the issuance of a building permit, the developer, assign or successor shall enter in a utility service agreement for the provision of water and wastewater service. There were no changes. 25. Prior to the issuance of a building permit, the developer, assign or successor shall enter in a utility service agreement for the provision of water and wastewater service. There were no changes. 26. There shall be no gasoline sales between the hours of 11:00 p.m. and 5:00 a.m. Mr.Currie indicated this item was related to the conditional use permits and pertained to condition 1 which would allow for 24 hour operations. Mr. Currie concluded his presentation by describing the changing conditions along Prima Vista and the opportunity for a national tenant to be brought into the area. He stated that without the overlay, the project would comply with the comprehensive plan and zoning code. Chairman Dzadovsky asked staff about the 6 month timeline for condition 20. The Assistant County Engineer indicated the 1 year would be sufficient time to observe season and non -season traffic patterns. At 8:13 PM Chairman Dzadovsky asked for a short recess. The Board reconvened at 8:25 PM with the Public Hearing. 15 1 Regular Meeting Tuesday, December 20, 2016 6:00 PM Clyde Cuffy, St Lucie County Resident - Mr. Cuffy identified himself as an employee of the City of Port St Lucie. He addressed the comments regarding the right of way and indicated the right of way is within the city, however the county has final say on the improvements. Chairman Dzadovsky asked if the City of Port St Lucie had any other issues with the application. Mr. Cuffy confimred the city had no issues with the application. Gertrude McCloud, 377 NE Floresta Dr. - Ms. McCloud expressed her concerns regarding gas delivery trucks traveling through her neighborhood to access the gas station. She spoke about the increased traffic and safety concerns. She stated that the Board would be unable to police these trucks. Chairman Dzadovsky asked Mr. Currie to review the truck route plan once the public hearing is closed. Jim Caranathy, 260 Prima Vista Blvd - Mr. Caranathy emphasized the importance of the quality of the gas station that will go onto the site. He spoke of the company's track record and considered it an asset for the area. Jonathan McCadden, 181 SE Celestia Court - Mr. McCadden spoke about the value of having a gas station in that location and the impact of the facility in case of a natural disaster or emergency. In regards to the conditions being discussed, he stated that the placement of the dumpster and air pumps on site would be acceptable for the area. Sally Brunner, 490 E Prima Vista - Ms. Brunner stated that the site plan would be acceptable and indicated that the area should no longer be considered residential. James Ivins, 236 Seleta Dr - Mr. Ivins discussed the condition regarding speak systems on site. He indicated that he had taken a decibel meter to the proposed site and measured 100 decibels from traffic. He stated that an intercom system should be allowed. Mr. Currie introduced the Area Manager for WaWa, Charlene Marko -Heim. Ms. Marko - Heim discussed her career with WaWa over the past 22 years and the daily efforts by management associates to maintain their sites. She discussed ways that WaWa becomes involved in the community and the investments in their associates. Commissioner Townsend asked if employees are required to have a food -handlers license. Ms. Marko -Heim answered that every management associate is required to do so and discussed other training and safety measurements. Chairman Dzadovsky mentioned the question regarding fuel traffics traveling through the area and asked how complaints would be handled. Ms. Marko -Heim explained the 24-hour complaint phone line and the process to resolve these complaints. Chairman Dzadovsky reiterated the need to compromise on some of the conditions of approval. 16 1 Regular Meeting Tuesday, December 20, 2016 6:00 PM Mr. Currie addressed the turning movement plan, as submitted to the Board. He presented the map of the construction plans to the Board and detailed the proposed course for vehicles. He indicated that during peak hours the trucks should not be making a left out of the site, it was also not conducive to their travel route to the other stores. Ms. Marko -Heim indicated the drivers could be directed to follow certain traffic patterns in writing. Commissioner Townsend asked how these rules would be enforced. She also asked if the truck drivers were employees of WaWa. Ms. Marko -Heim indicated that there have not been issues in the past with drivers not following the directions. She answered that the drivers are contracted from a supply chain. Mr. Currie presented the elevation map of the building and discussed the 3 points of access to the building. He noted that the front door to the facility faces Prima Vista Blvd. He indicated additional signage on this facade would help make this side appear as the front. Commissioner Hutchinson commented that the layout of the building does not make sense to her. She pointed out that the outside eating area faces the 5 lane roadway and the front of the building is where the gas pumps are. She proposed turning the orientation of the site plan to consider these changes to become neighborhood friendly. Commissioner Hutchinson pointed out the position of the dumpster and the access by the garbage trucks and odors that may affect the community. She pointed out that the area near the dumpster only allows for one-way circulation of traffic. Mr. Currie stated that with any commercial property there will be lights, dumpster and traffic. He noted that the proposed movement of the dumpster by staff would put it in the same proximity to the neighborhood. Ms. Marko -Heim spoke about the maintenance program at WaWa and indicated the dumpsters used by the company utilize odor -neutralizers. Chairman Dzadovsky discussed the orientation of the building and proposed moving the roof structure to the corner that faces Floresta and Prima Vista. Commissioner Mowery indicated that the Board needs to consider how the site would function and did not believe the changes in orientation would work for the site. Chairman Dzadovsky discussed the land constraints on site and offered potential changes that would work for all parties. Commissioner Hutchinson suggested a reduction in size of the site. Commissioner Townsend asked Commissioner Hutchinson if she would approve if the building maintained the same layout, but created an area that looked like a building front facing Prima Vista. 171Page Regular Meeting Tuesday, December 20, 2016 6:00 PM Commissioner Hutchinson stated that her concern related to the fact that the front door is on a 2-lane residential road. Chairman Dzadovsky asked if Mr. Currie would be able to compromise on the orientation or size of the building. Mr. Currie indicated that this plan is already the smaller version of the store. He discussed the movement of the tower, and indicated that he could propose that change to WaWa staff. Commissioner Townsend agreed with the concern over this issue but also understood the site and safety constraints of the site. Mr. Currie expressed interest in providing an elevation that creates the appearance of the front of the building being on Prima Vista. He introduced Scott Carney the Real Estate Engineer for WaWa. Mr. Carney discussed a possible combination of elements and features that could possibly be utilized instead of moving the main tower feature. Commissioner Mowery directed staff to provide an aerial view of 2 sites with corner lot gas stations that utilized features such as awnings and faux windows to create a more aesthetic appearance. Commissioner Hutchinson pointed out the differences at these sites, emphasizing the size of the intersections and proximity to residential areas. Chairman Dzadovsky acknowledged the difficulty of considering these changes, however he indicated that the applicant had not provided any compromised on the topic prior to the meeting. Chairman Dzadovsky reiterated that the only change would be to the facade, the remaining elements of the building would stay the same. Mr. Currie stated that the applicant would be interested in architectural changes to emphasize the Prima Vista frontage. Mr. Carney indicated he would need to meet with the architect to see how those changes would affect the structure and roof line. He proposed a combination of changes to the roof line and an additional tower feature that would balance the building. Commissioner Hutchinson expressed concern that representation for the applicant considered the Floresta side the front of the building and stated that she would not be in favor of approval. Chairman Dzadovsky continued the review of the conditions of approval at this time: Condition #1: The Board had no issues with the hours of operation. Condition #2: Commissioner Mowery asked to push the allowable time for deliveries to begin at 5 AM. Mr. Currie agreed with that condition. UM Regular Meeting Tuesday, December 20, 2016 6:00 PM Condition #7: Chairman Dzadovsky confirmed that the volume could be reduced by staff on site. Mr. Currie confirmed that any complaints would be addressed. Commissioner Mowery referenced the noise ordinance in place to keep sound low. Condition #10: Chairman Dzadovsky confirmed that the air pumps would be located in a safe area. Condition #11: Chairman Dzadovsky asked if the back of the building had a door that opened into the flow of traffic. Mr. Currie indicated there are bollards in place to keep the door from opening to protect pedestrians. Commissioner Mowery spoke about the flow of traffic throughout the site and determined that there are already walls and landscaping in place to address any concerns. Condition # 12: Mr. Currie indicated that the sign on the side facing Prima Vista would need to be closer to 44" and stated that the applicant would be flexible on this based on consultation with the architect. Condition #13: Chairman Dzadovsky indicated he would need more efforts to reduce potential accidents. Commissioner Mowery stated that many areas are looking to remove left-in/left-out movements and discussed potentially unsafe traffic maneuvers. He said that based upon the traffic study there did not appear to be traffic backing up to the drive way in question, except during 1 peak hour. Commissioner Townsend confirmed with the Board that there is a red light at Prima Vista and Floresta. Mr. Currie stated that Traffic Engineer also indicated that a left turn leaving the site could be better than attempting to make a U-turn. He added that this issue would apply to any commercial business at this site. Condition #14: Commissioner Hutchinson asked for clarification of what turns would be allowed. Mr. Currie confirmed it would be a right-in/right-out on Floresta. Commissioner Hutchinson reiterated residents' concerns over traffic cutting through their neighborhood. Commissioner Mowery stated that staff proposed implementing speed tables to address those concerns. Susan O'Rourke, the traffic engineer for the project addressed the Board. She addressed the cut -through concern by the City of Port Saint Lucie and discussed improvements proposed in the site plan to avoid impeding the travel of existing residents. Chairman Dzadovsky brought the discussion back to Condition #13. Commissioner Mowery asked if the existing queue lane was being cut into. Ms. O'Rourke answered that it was not. She noted it was a small volume of vehicles turning left to go North on Floresta. She stated that during an early submittal the left turn lane into the site was shortened to address possible traffic increases. She indicated 19 1 P a g Regular Meeting Tuesday, December 20, 2016 6:00 PM that based on traffic observations, there were only 3 two minutes periods during the peak AM period that created a delay. She stated the visibility and sight distance at this area were very good. Chairman Dzadovsky asked when this traffic study was conducted. Ms. O'Rourke indicated the study took place in November and the counts took place during season. She confirmed that these data sets correlated well. Commissioner Mowery asked if there could be a concrete median to protect traffic movements. Ms. O'Rourke indicated that part of the monitoring program could be used to determine if the current plans for the striping would be problematic. At that time, staff could propose a change based on problems. Mr. Curry confirmed that this situation would be monitored and in 12 months could be addressed. Commissioner Hutchinson asked the applicant to take action without the county needing to request it. Chairman Dzadovsky asked how it would be determined that the traffic is creating an issue. Ms. O'Rourke indicated that the engineering department had specific requests to observe the queuing analysis. She confirmed that the 12 month period would be acceptable. Mr. Currie asked why the median would not be done immediately. Commissioner Townsend asked if the applicant would be willing to put the median in right way. Mr. Currie confirmed they would be able to, however he expressed concern over the access for residents. He confirmed Board comments that on the hatched areas on the map would be a raised, concrete median. Commissioner Mowery asked what the safest option would be. Adam Kerr from Kimley-Horn addressed the Board. He indicated that a raised, concrete barrier would be safer and would prevent head-on incidents. He continued that this may create an issue of access for the 2 homes to the north, who would be unable to reach their property from the west and would have to make a U-turn at Floresta. Mr. Kerr recommended monitoring the situation rather than putting in the feature right away. Mr. Currie confirmed that it would not make sense to put the barrier in now, and then determine based on later analysis that something else would need to be done. Chairman Dzadovsky summarized that based on safety and consideration of the 2 property owners, he suggested going with the recommendation of monitoring. He asked for quarterly reports to better evaluate the situation. 20 1 P a g Regular Meeting Tuesday, December 20, 2016 6:00 PM Commissioner Hutchinson asked about Condition #15. She asked if it pertained to a bus shelter easement for the county to construct in the future. Mr. Currie confirmed that statement that it would not be a structure at this point. Commissioner Hutchinson asked if the applicant was contributing to the future build of a bus shelter. Commissioner Mowery commented on the Board's request to build the shelter right away, stating that the county carefully determines these sites and it may not be used. Mr. Currie confirmed that the applicant would contribute a fee for the bus shelter. Chairman Dzadovsky asked staff to confirm the list of conditions per Board discussion. The County Senior Planner stated: - Commercial deliveries shall be restricted during the house of midnight to 5 AM - The convenient store shall have an appropriate security system, etc - There will be no outdoor displays of materials or goods with the exception of dining apparatus - All roof mounted equipment shall be screened, so as not to be visible from ground level - The amount of exterior lighting shall be reduced to zero foot candle ratings at all property lines - The applicant shall modify the site plan drawings to widen the pavement adjacent to Serenata Court - There shall not advertising or signage on the gas station pumps or signage with the exception of the corporate logo - The air pumps shall be screen via landscape material that is acceptable by the Environmental Resources Department so as to be shield from the right of ways. - The applicant shall revise the sign package to reduce the size and height of the individual channel letters for the wall signs to 36" for the Prima Vista elevation. The Board indicated that the applicant determined this condition would be dependent upon changes to the architectural design. Mr. Currie confirmed that the larger letters would go on the side facing Prima Vista. The County Attorney suggested language related to Condition #12 and #17. He stated that the signs on Prima Vista should be at least the size of the signs on Floresta, if not larger. He recommended changing the Prima Vista sign size to allow 40" and reduce the size for Floresta to a lower number (36") or the same. The County Attorney also suggested modifying Condition #17 to state "prior to the issuance of a building permit, the applicant shall provide revised building elevation of all sides and plans that provide that the front entrance of the site shall be on Prima Vista Blvd." He added that this 211 Page Regular Meeting Tuesday, December 20, 2016 6:00 PM condition could include revised features per engineer's suggestion. He indicated these general statements would allow the applicant some flexibility. Mr. Currie confirmed these statements and added that the actual entry point of the site would not change. The County Attorney confirmed that he did not intend to change that feature. The County Planning Manager added the condition of adding other architectural features to be approved by staff. The Deputy County Administrator added several other changes to the conditions: - Sound from outdoor speakers will be controlled from inside of the facility, in accordance with the county's noise ordinance - Prior to the issuance of a building permit, the applicant shall record the bus shelter easement and contribute to that fund. The County Senior Planner confirmed the amount would be $15,750, consistent with county transportation practices. Commissioner Townsend confirmed that Condition #1 for 24 hour operation was agreed upon. The County Attorney recommended adjusting Condition #14 to state "only allow for right turn/right turn out" to clarify the language and keep the condition. Mr. Currie confirmed that would be acceptable. The Deputy County Administrator added that Condition #20 would adjust the monitoring period to 1 year with quarterly updates with reports. The County Attorney asked if those reports would include traffic patterns, accidents as well as traffic queuing. Commissioner Hutchinson asked to include the right turn out onto Floresta in that observation as well. Ms. O'Rourke confirmed that roadway would be added to be monitored. The County Planning Manager confirmed that the remainder of the conditions would be left unchanged. Commissioner Mowery made the motion to approve with conditions as stated by staff, Commissioner Bartz seconded the motion. Commissioner Hutchinson stated she would remain in opposition of the site plan, based on the placement on a 2-lane residential street. Chairman Dzadovsky expressed his concerns over the safety of the left-in/left-out intersection. Upon roll call, the motion passed. 22 1 P a g Regular Meeting Tuesday, December 20, 2016 6:00 PM RESULT: ADOPTED [4 TO 11 MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Chris Dzadovsky, Tod Mowery, Linda Bartz, Cathy Townsend NAYS: Frannie Hutchinson 3. Resolution - Prima Vista WaWa - Conditional Use Permit (Gasoline Sales) The County Planning Manager presented this item for a conditional use permit for the retail sale of gasoline. She indicated this petition fails to comply with the standards of review as noted in the Land Development Code, due to conflicts with the Land Development Code, inconsistencies with the comprehensive plan, effects on adjacent single family residences and not in harmony with the intent of the River Park community overlay zone. Staff recommends denial. The Planning and Zoning Commission met on October 20 and recommended denial based on the fact that the Commission recommended denial of the site plan and rezoning. However, in the event the Board approves the site plan and rezoning, the Commission will support the approval of the conditional use permit. Conditional use response forms were mailed out to the property owners within 500 feet of the subject property, staff displayed this on the map presented to the Board. Staff explained that if 50% of the land area within the 500 foot radius is in opposition, the proposed permit requires a 4/5ths vote by the Board. She stated that based on the map, the permit does not meet that threshold. Mr. Currie indicated the change to the condition of approval which would prohibit gasoline sales between the hours of 11:00 PM and 5:00 AM. He stated that based on the removal of the hours of operation condition, this condition would be removed as well. Commissioner Mowery asked about the 2 parcels on Prima Vista who did not respond to the conditional use permit application request. Mr. Currie stated that this could indicate the resident simply did not send the notice back. He confirmed that the applicant still has consent from the property owner, despite not responding to this notification. Commissioner Mowery stated that the residents would apparently be automatically in favor, based on the original application. The County Attorney stated that the property owners did consent to the application for the PNRD and conditional use. He added that they did not respond to the notice, for a possibly variety of reasons including not speaking English. He reiterated that by consenting to the application, the residents are consenting to the conditional use as well. Chairman Dzadovsky opened the public hearing at this time. There were not comments from the public. Commissioner Mowery made the motion, Commissioner Townsend seconded the motion to approve. The County Attorney confirmed with that the motion maker accepted the change in the conditions of approval related to the deletion of the restriction of gas sales. County staff confirmed there were no objections to the deletion of the condition as well. 23 1 P a g Regular Meeting Tuesday, December 20, 2016 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 4. Resolution - Prima Vista WaWa - Conditional Use Permit (Undistilled Packaged Alcoholic Beverages) The County Planning Manager presented this item for a conditional use permit for the retail sale of undistilled packaged alcoholic beverages. She indicated that this petition fails to comply with the same standards as the previous conditional use permit. She stated that the Planning and Zoning Commission met on October 20 and recommended denial of the proposed permit based on the denial of the site plan and rezoning. However, in the event the Board approves the site plan and rezoning, the Commission will support the approval of the conditional use permit. At this time, the County Attorney indicated that both items pertaining to conditional use permits were Quasi -Judicial. He asked the Board to confirm their earlier disclosures apply to all 3 items heard before the public. Commissioner Hutchinson, Commissioner Mowery, Commissioner Townsend, Commissioner Bartz and Chairman Dzadovsky each confirmed their disclosures remained the same. There were no comments from the public during the public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Linda Bartz, District No. 3 SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend B. COUNTY ATTORNEY 1. Postponement on the Placement of Wireless Communication Facilities in Rights -of -Way The Assistant County Attorney presented this item for an ordinance for the postponement of the placement of wireless communication facilities in rights -of -way. She stated that with the proliferation of wireless devices and growing consumer demand for better connectivity comes increased deployment of distributed antenna systems, small cells, and other equipment in our cities and towns. Due to the cost of site selection and placement on private properties, some of these companies are pursuing their deployments, such as construction of towers and placing equipment in public rights of way. Staff continued that a postponement is a temporary halt to allow St Lucie County time to plan, consider, review, adopt and/or revise its development regulations. Staff indicated that this is the second of two public hearings, with notice published on December 10th. Staff recommends the Board approve the postponement for a 12 month period. 24 1 Regular Meeting Tuesday, December 20, 2016 6:00 PM 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. COUNTY ATTORNEY 1. Resolution - Taxable Capital Improvement Refunding Revenue Note, Series 2016B The County Attorney presented this item related to the taxable capital improvement refunding revenue note. He explained that this would refund the county's existing tourist development tax bond issue of $5 million. He noted that this item was discussed at the previous Board meeting and a slightly better rate lock agreement of 3.03% was achieved. The revenues will be paid for by SFS per the Facilities Use Agreement through 2023. Staff indicated the resolution, as prepared by bond counsel is in proper order and recommended approval. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend B. PLANNING & DEVELOPMENT SERVICES 1. Resolution - To Accept the At Risk Building Pilot Program The County Planning Manager presented this item to consider a pilot program known as Builder's at Risk. Staff indicated that this item came forth at the request of the developers of the Creekside PUD and efforts to revive the program. She continued that D.R. Horton, Inc., is actively pursuing the completion of the required on -site and off -site infrastructure improvements that are required to support the area described as Creekside Plat No. 1. In order to expedite the site construction process, the developer wishes to commence the construction of additional homes in Creekside Plat No. 1 and the site's basic infrastructure concurrently. Staff has reviewed the request of the developer seeking authorization from the county to complete the final processing and issuance of additional permits for new homes to be constructed in the area referred to as Creekside Plat No. 1, subject to the limitations of adequate surety being posted ensuring the removal of these homes should the required infrastructure not be completed. D.R. Horton has previously posted a $4.1 million surety ensuring the completion of all required infrastructure for the area referred to as Creekside Plat No. 1, and this surety is sufficient to cover the cost of removal of any units permitted through this authorization, and subject to conditions listed in the staff report. Staff recommends the Board adopt the draft resolution and directs staff to provide a 25 1 Regular Meeting Tuesday, December 20, 2016 6:00 PM status update one year from the adoption of the resolution. If the program is a success, staff would propose an update the Land Development Code to adopt the process for future developers. Commissioner Hutchinson indicated that she shall abstain from the vote due to a possible conflict. The County Attorney indicated that this would be a generic policy, however he supported her decision to abstain based on the presentation. Chairman Dzadovsky asked the County Attorney to cover the previous issues with a surety. The County Attorney explained that with a surety or bond, they sometimes will not pay based on claims. He noted that the county had to litigate in the past based on non- payment. He will report any problems to the Board. RESULT: ADOPTED [4 TO 0] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Chris Dzadovsky, Tod Mowery, Linda Bartz, Cathy Townsend ABSTAIN: Frannie Hutchinson 11. ANNOUNCEMENTS A. County offices will be closed on Friday, December 23, 2016 and Monday, December 26, 2016 to observe Christmas. B. County offices will be closed on Monday, January 2, 2017 to observe New Years. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, January 10, 2017 at 6:00 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL 34982. D. The Board of County Commissioners will hold an Informal Meeting on January 17, 2017 at 9:00 a.m. in Conference Room #3. E. The Board of County Commissioners will hold a Regular meeting on Tuesday, January 24, 2017 at 9:00 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL 34982. 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. 26 1 P a g