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HomeMy WebLinkAboutMinutes 01.06.2015S■TkOL■NI 1 E COUNTY F L o R r D A OEM - BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA Regular Meeting January 6, 2015 Convened: 6:00 PM Adjourned: 9:21 PM I. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 5, Vice -Chair Kim Johnson Attendee Name I Title Status Arrived District No. 3, Chair Absent 6:00 PM District No. 5, Vice -Chair Present 6:00 PM District No. 1 Remote 6:00 PM District No. 4 Present 6:00 PM Paula A. Lewis Kim Johnson Chris Dzadovsky Frannie Hutchinson Tod Mowery District No. 2 Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Bob Bentkofsky Deputy Administrator Present 6:00 PM Heather Young 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 Beth Ryder Community Services Director Present 6:00 PM Marie Gouin Office of Management & Budget Director Present 6:00 PM Sherry Burroughs Mosquito Control and Coastal Mgt. Serv. Director Present 6:00 PM Mark Satterlee Planning & Dev Director Present 6:00 PM Sue Korunow Clerk to the Board Present 6:00 PM Generated 31312015 3:22 PM Regular Meeting Tuesday, January 6, 2015 6:00 PM II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF THE MINUTES Board of County Commissioners minutes for the meeting of Tuesday, December 16, 2014 RESULT: ACCEPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2 AYES: Kim Johnson, Chris Dzadovsky, Frannie Hutchinson, Tod Mowery ABSENT: Paula A. Lewis V. PUBLIC COMMENT (excluding Public Hearing items) John Arena, Fort Pierce - The Corp of Engineers rotary dredge ship, which was doing maintenance dredging in our harbor for a week or so in October was operating with its gigantic dredge arm to the north which to the many people driving across the south bridge looked like an ordinary cargo ship sitting in the harbor. Rotary dredges are notorious for lifting muck and silt into the current and are required to isolate the immediate area they are working in with a curtain. Small dredging operations can be somewhat contained that way. Most modern nations have replaced that antiquated messy system with pneumatic dredging. As we speak, a pneumatic dredge is being used to shave PCBs off the bottom of the Hudson River. He's collecting names and phone numbers of agencies that are supposed to be monitoring this type of operation and have so far found apparent ignorance. According to the Corp of Engineering, DEP allows it to be discharged into the lagoon. An agency in the North Lagoon didn't even know where the Fort Pierce Inlet was. The best Pavilion in Jaycee Park, which has been used by the public years for picnics and social gatherings, has been remodeled into a boat business. New roofs should be oriented for optimal solar electric panel effectiveness for future installations. I went for an x-ray to have my pinky photographed, the receptionist charged me $31, the technician would only x-ray my hand, which turned out to be useless. A month later they sent me a bill for an additional $60, is this business as usual? There are two types of good insulation, one is aerogel made from sand and the other partial vacuum as in Thermos bottles. Aerogel was invented in 1931 and is now manufactured worldwide. If you wrap your house in aerogel, you could heat it with a candle. George M. Baker - came to say a few words about Erik Gill and some of the articles he's written about the counties preserves and I want to thank Eric very much for those articles, stating the County's finally getting a little notoriety about the preserves. I came up here with a big speech I had been working on all week, then I talked to a few people in my speech is already over, because they already answered all of his questions. I want to say that I hope the County continued with its progress this year like we did last year and we keep things moving. I'd like to tell you a story about a time when I lived in Melbourne in 1952, at the Dunn Hotel on New Haven Street in a three-story wooden building when I went to stay with my brother on the third floor of the hotel. The hotel was right near the railroad tracks and the first night I was there I woke up terrified. Even though I had been in the Navy for four years, I was terrified. When I finally crawled out from underneath the bed, I realized it was a train right by the hotel that woke me up at 3 o'clock in the morning. I just want people to know that's what we're going to have right here in this County, so be prepared and get ready to get under 2 1 P a g e Regular Meeting Tuesday, January 6, 2015 6:00 PM the bed and hide because it's going to happen here. That was really my awakening to "choo-choo" trains in Florida. I wish everyone a prosperous new year here in Florida. This comment section was heard after Section VII. PRESENTATIONS due to a delay in the speaker's arrival but the Chair granted her an opportunity to speak, due to the long distance she traveled in order to participate in the public comment portion of the meeting. Patricia Hunt, P.O. Box 442, Roseland, FL - Ms. Hunt stated for her own safety and protection her public address is not available. I thank the Board for allowing me to speak and the law enforcement officers and firefighters because they do important jobs noting her father was a retired fireman and up in upstate New York, they didn't get paid and they saved a lot of people over the years. These men and women work hard to protect us and keep us safe. I will be back to speak another time with documents stating she has been in front of the Indian River County Commission as well, regarding an injury sustained in a store after she moved here to attend flight school. I broke my wrist, jaw and lower back in that injury and my case is before the Florida Supreme Court. She stated the following: "I am requesting per Federal Law US Section 552, Florida Statute 11901 and 11907 where she had a appeared and demonstrated, highly unstable attorney who she had been trying to file a Florida Bar complaint against who threatened to kill somebody in a coffee shop here locally. The law enforcement were called, I asked for video surveillance not to be moved, altered or destroyed and there were witnesses present. There were four deputies, approximately 4 or 5 because they came and went out of the Rupert J Smith Law Library, I asked for this information and recently spoke with the Sheriff's Department, attorney Mr. Federman. I know Sheriff Ken Mascara is from what I understand a very decent nice man. I know and officer who lost his life here a few years ago and his family he has helped that family and has done some really nice things for this community, so I don't think he's aware of this. That's why I'm here at this public meeting to request that documentation because attorney Mr. Federman has not cooperated. I do not want to have to drag St. Lucie County along with Indian River County into a higher Federal Court because of an obstruction of justice and an accident case that's been pending for nine years." She stated that she didn't want to get into this she came here to fly airplanes she has the utmost respect for law enforcement, her sister works for the Department Justice in New York State and her other sister works for the Attorney General. She thanked the Board for the time stating she will be back with documents to publicly speak for more than three minutes, but I ask if someone would appreciate if somebody could please speak to Sheriff Mascara asking for September 11th public records of video surveillance inside the Rupert J Smith Law Library, which were addressed immediately in writing after the incident, she noted she has been given excuses and delays and it's uncalled for. She stated she depreciated of somebody from this committee to contact Sheriff Mascara, stating she knows he's a good man and she sure he's unaware of his attorney and his behavior recently. County Attorney noted as the Board is aware, the Sheriff is an independently elected constitutional officer, the Board does not have control over his day-to-day operations. Mr. Federman doesn't work for the Board, he's the Sheriff's Attorney, he answers directly to the Sheriff, not to the Board, but having said that, the County Attorney stated he would certainly, as a courtesy contact the Sheriff's office and let them know about the request made tonight. He stated that at most, what the Board can do at this stage, if there's any County involvement, we are very responsive on public records requests. We have a specific office, which is located within my office to handle that and we take our obligations very seriously and are very responsive to the members of the public, but having said that I will follow-up and at least let the Sheriff's office know that somebody came to the Board so they are aware of it. 3 1 P a g e Regular Meeting Tuesday, January 6, 2015 6:00 PM Commissioner Hutchinson noted, Ms. Hunt was currently speaking with Sheriff's representative, Chief Wilson, so she feels the matters under control. VI. PROCLAMATIONS APPROVAL Proclamation - Proclaiming the week of January 5 - 9, 2015 as "Florida First Responder Appreciation Week" in St. Lucie County, Florida Commissioner Johnson presented the award to Chief Parrish of the Fire District and Chief Wilson along with other representatives from First Responder agencies with the Resolution and Chief Parrish thanked the Board for the proclamation and their support. He provided statistics on the past year's first responder events noting the Governor had also proclaimed this week as First Responder Appreciation Week partially because of the recent tragedies but also because of the first responders commitment to their profession and their communities. He stated he had the privilege last month of joining Lt. Chris Longo and Lt. Steve Burns from the Fire District as they were recognized by the Governor and the Cabinet for the Governor's Heroism Award for actions when they pulled an eight year old boy from a fire. The Chief noted these are just two of the firefighters of 350+ more who are willing to do the same thing. He thanked the Board once again for the recognition, stating they were great. Chief Wilson thanked the Board on behalf Sheriff Ken J. Mascara for the proclamation and thanked the Governor for taking this week to recognize for all First Responders in the State of Florida. He commented that all firefighters and law enforcement professionals around the state dedicate their lives to protecting the citizens of Florida - the citizens of St. Lucie County and will continue to do so. He thanked the Board again for the recognition on behalf of the Sheriff's Department. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Tod Mowery, District No. 2 AYES: Kim Johnson, Chris Dzadovsky, Frannie Hutchinson, Tod Mowery ABSENT: Paula A. Lewis VII. PRESENTATIONS Vinny Ball - Ed Matthews, Parks, Recreation & Facilities Director Director of Parks, Recreation & Facilities provided a presentation on two annual events which have come to define springtime in St. Lucie County. He listed those events as "Vinny Ball" and "Spring Training." He provided background information on both events noting the economic impact and County's response to the need. He discussed the expansion project providing details regarding funding, economic impact and expectations. He discussed the plan for Tradition Field and the Mets Team Spring Training schedule along with the economic impact the games have on the community. The presentation showed site and repair/maintenance project plans noting where possible they will be installing energy saving devices. He provided the upcoming spring training dates noting the community can gain 4 1 P a g E Regular Meeting Tuesday, January 6, 2015 6:00 PM access to that information either by calling 772.871.2115 or by visiting the Tradition Field website at www.milb.com/tickets/singlegame. VIII. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Tod Mowery, District No. 2 AYES: Kim Johnson, Chris Dzadovsky, Frannie Hutchinson, Tod Mowery ABSENT: Paula A. Lewis A. WARRANTS Warrant List Numbers 11, 12 & 13 B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 1. Revocable License Agreement - 5410 Deer Run Drive - Holiday Pines 2. 1104 Jasmine Avenue - Conveyance to Frank Gentile D. COMMUNITY SERVICES Remittance of Excess Funds (Net Proceeds) to the St. Lucie County HOME Consortium E. COURT ADMINISTRATION Authorization to Hire Above Midpoint for Senior Network Support Analyst in Court Administration F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES 5 1 P a g e Regular Meeting Tuesday, January 6, 2015 6:00 PM There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET Clerk of Court Budget Amendment - Enterprise Resource Planning (Banner) Needs Assessment / RFP Development Phase J. PARKS, RECREATION & FACILITIES 1. Renewal of Agreements with Local Youth Sports Providers 2. Award of Bid # 15-012 - Pool Resurfacing for Ravenswood and Lincoln Park Pools K. PLANNING & DEVELOPMENT SERVICES Acceptance of Joint Participation Agreement for the Airport Security Improvements Project L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS 1. Work Authorization Amendment Sneed Road Culvert Replacement - Canal No. 73 2. Humane Society of St. Lucie County (Kindness Center) - Final Acceptance of Off -Site Improvements and Release of Surety N. SHERIFF'S OFFICE Sheriff's Draw Request for January 2015 O. SOLID WASTE There are no items scheduled. P. SUPERVISOR OF ELECTIONS There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. R. UTILITIES 6 1 P a g e Regular Meeting Tuesday, January 6, 2015 6:00 PM There are no items scheduled. IX. PUBLIC HEARINGS Commissioner Johnson noted the Board would be reviewing Items IXA 2-4. first as they all pertain to the same subject matter, once they conclude these items they will return to Item IXA 1. for vote. A. PLANNING & DEVELOPMENT SERVICES 1. Ordinance - Text Amendment to the Land Development Code - Section 4.12.00 Jenkins Road Area Plan Special District - 2nd Reading Planning Manager provided a brief review of background information on the Jenkins Road Area Plan Special District TLDC. There was no public comment. Staff recommends approval. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2 AYES: Kim Johnson, Chris Dzadovsky, Frannie Hutchinson, Tod Mowery ABSENT: Paula A. Lewis 2. Proposed Text Amendment to the Comprehensive Plan, Future Land Use Element Ruffin Properties, LLC - 1st Public Hearing Planning and Development Services Director provided introduction and background information on Items IXA 2. - 4. - Proposed Land Use Amendments and Code Changes. He noted this is the first hearing on the first two items which would enable legislation in the Land Development Code in the Comprehensive Plan to allow this to occur and the third item is the commercial resort, which is the amendment to the Comprehensive Plan for the specific property who wants to be the first one to use this process. He then thanked his staff, Britton Wilson and Leslie Olson for their hard work. Commissioner Dzadovsky asked for confirmation on whether the first two items being discussed, Items IXA 2. & 3. are "County -wide" and Item IXA 4. Is "site -specific" and Planning and Development Services Director confirmed that to be correct and is enabling legislation. Planning and Development Services Senior Planner provided a detailed presentation on the three concurrent items petitioned by Ruffin Properties, LLC. She noted the Amendments are in support of a commercial resort development, however, tonight what is before the Board are only the amendments which create the regulatory framework for a resort within the Comprehensive Plan and the Land Development Code in addition to the Future Land Use Map Amendment (FLUMA). She stated this is the first 7 1 P a g E Regular Meeting Tuesday, January 6, 2015 6:00 PM of two required public hearings for the three items are being presented together. The first two items are general amendments to the text of the Comprehensive Plan and the Land Development Code which apply to the County at large. The last item is a site - specific FLUMA, which at the time of final adoption hearing will also have a concurrent rezoning for a 12 acre site located on North Hutchinson Island, the former Radisson location. The proposed rezoning does not require to hearings like the rest, but it is being presented here because it is associated with tonight's proposals. She explained should these proposed changes be approved, the process for the process for site plan approval for an actual project will come before you again at a future date. In both the text amendment to the Comprehensive Plan and the FLUMA, both require transmittal to State Department of Economic Opportunity for further review and comment before returning back to the board for a second and final public hearing. She clarified because this is only the first of two public hearings, no final action is taking place this evening. At this time staff provided background information on the items, noting the general public feedback was that there is support for the concept of a commercial resort and that the process is going to be followed very closely to ensure that a site -specific application be sensitive of its surroundings and that any final development approval be in keeping with an appropriate scale and intensity of the surrounding neighborhood. In summary there were three changes to the Comprehensive Plan proposed and the purpose of the edits were to include the newly proposed Commercial Resort or CR zoning district. The proposed changes are as follows: -The Zoning District/Land Use Compatibility Chart (Table 1-3) would be updated to add the CR Zoning District as permissible under the Commercial (COM) and Mixed Use Development (MUD) Future Land Use designations. Staff stated this change is an update to the Zoning District and Land Use Compatibility Chart to reflect the new Commercial Resort Zoning District as being a permissible district under the Commercial Future Land Use designation. -Policy 1.1.1.1 proposed for edit so as to clarify range of heights and lot coverage permissible in Future Land Use designations. -Policy 1.1.10.2 proposed for edit so as to clarify that the CR zoning district is excluded from the HIRD (Hutchinson Island Residential District) residential density requirement. Staff stated this policy update is to further clarify the range of dimensional requirements that can be found in each designation and the next policy update adds clarifying language that the proposed Commercial Resort Zoning District or CR and the Hutchinson Island Residential Zoning District or HIRD are mutually exclusive in their regulations, meaning that they are two separate individual zoning districts. Where the HIRD zoning district is residential in nature and then the Commercial Resort zoning district is Commercial in nature, which is why it will require a commercial future land use as opposed to a residential future land use. In total the proposed amendments further Comprehensive Plan Goal 10.4 which calls for Regular Meeting Tuesday, January 6, 2015 6:00 PM expanding the tourism sector of St. Lucie County. Representative for Ruffin Properties, LLC Dennis Murphy of Culpepper and Terpening spoke pointing out this is a classic public -private joint venture proposal. He stated his client Ruffin Properties, LLC acquired this tract approximately a year ago and made a commitment to come forward to the County pursuing the development of a resort property. He stated they knew they would have to rewrite the codes. He noted it was seen early on the most efficient way of doing so was to actually have a set of codes that apply not just to one property, but that had potential application across the County. He thanked the County on behalf of Ruffin Properties for allowing staff to work with them to prepare the joint document. He noted there are three things they are going to be looking at tonight: 1) The Comprehensive Plan Text Amendment, 2) Land Development Code Text Amendment and 3) a separate hearing on specific property. Mr. Murphy noted the enabling legislation has to be reviewed first and then the Board will come back and look at a specific case. Stating staff had done a very good job of presenting the information and there is one point of further discussion that will have to occur as they go along and that is regarding the length of stay issue. He stated he doesn't feel that it's going to be an insurmountable issue to resolve and to address to everyone's satisfaction at the end of the day. Commissioner Dzadovsky clarified the point that this hearing is for the Board to review the information, it then has to go to another set of eyes at the Department of Economic Opportunity (DEO) who review the changes and send them back to the Board for second hearing. Staff confirmed this procedure, noting the DEO has 45 days to review the proposed changes and then they will return their findings to the Board. At this time a second hearing would be scheduled in the public would have an opportunity to voice their comments and concerns. Commissioner Dzadovsky also asked for confirmation that they were not approving any site plans at the meeting; staff confirmed they would not be approving any site plans at this meeting and that there are no site plans affiliated with the project as yet. PUBLIC COMMENTS: Elizabeth K. Gibson, 3200 N. A1A N. Hutchinson Island, F.P. - she's been following the process towards creation of the countywide zoning category commercial resort (CR). Part of her observations include several presentations by key participants, namely Mr. Murphy and Mr. Dobbins, whose firms were hired by Ruffin properties owner of the 12 acre former Radisson property. Because of the processes close working relationship with the "highers" of Ruffin properties. It seemed that the P & Z commissioners who "green -lighted" the countywide CR concept onto you were at times having difficulty keeping things in a true perspective. As a result confusion and possible misunderstandings. I fear that many of Ruffin's inputs may be unwisely included in the creation CR zoning, which in reality, at least for now, seems applicably intended to just one small parcel of land on North Hutchinson Island, and perhaps in the near future, and perhaps in the near future another parcel that is in proximity. The second property is 9 1 P a g e Regular Meeting Tuesday, January 6, 2015 6:00 PM somewhere in the process of foreclosure and therefore could be ripe for inclusion under the same Ruffin ownership as a Radisson property. Once combined the two together would provide for both a 400 room capacity hotel and a place for parking, resulting in a dangerous traffic impact on the four-way intersection next to the Radisson parcel. Most importantly, a split lot commercial development on the dwelling density being discussed, could result in a situation that is clearly not compatible with the surrounding residential neighborhood. Considering the individual that now owns the Radisson property, it isn't much of a stretch to think that what could develop, at least for North Hutchinson, could eventually include a casino or some other type of gambling activity, all the handwriting points in that direction. Because of the above possibilities, I would ask this Board to review the CR guidelines now being formulated and amend those by including the following two items: 1) hotel parking must be on the same parcel of property as the hotel itself so that they just can walk to his or her own automobile without crossing a public road or a highway or without taking a jitney to a satellite lot, 2) commercial resorts where ever in the County in proximity residential neighborhood may not include or be allowed to evolve into a casino or other gambling type facility. She feels it's incumbent on the Board to ensure that the needs of the citizens they represent are moved ahead of the desires of an investor who according to Wikipedia is the owner gambling facilities in other states and the Bahamas and has no allegiance to St. Lucie County or even the state of Florida. Peter Bullock, 3120 N Highway A1A, F.P. - I am an approximate neighbor of the Ruffin property and resident of North Hutchinson. My concern is the density and how the changes in the zoning codes can change the density of North Hutchinson Island. North Hutchinson Island has a long established character, it's a residential area, it's relatively quiet, not dense and much appreciated by all the residents that are there. In going through the property appraiser's records he calculated there are about 4000 dwelling units on North Hutchinson Island. I've asked, the Planning and Zoning Director at the P & Z meeting if this would apply to any other properties on North Hutchinson Island, and he stated it wouldn't really apply to any other properties on North Hutchinson Island. As I understands it, and I could well be wrong, one of the requirements is that the property be at least 5 acres, so I went through all the parcels on North Hutchinson Island and found that there are 12 parcels that are smaller than 5 acres, but are owned by the same owner so I assume the parcels could be combined, to achieve at least 5 acres, and be able to ask for a commercial resort designation. Not that they all would but when you total these 12 locations on North Hutchinson Island the total comes up to 183 acres and at 36 units per acre per, that's 6600 dwelling units. We currently have 4000 dwelling units, so in my view, not that all these would be converted to commercial resorts, but by dropping the HIRD category on North Hutchinson Island, it's potentially opening the door to completely changing the character of North Hutchinson Island to a much higher density at least an additional 165% increase in dwelling units if these 12 parcel areas asked to be a commercial resort, which is guess would be as an owner or an investor in a piece of property that may be there economic choice to try and do that. The potential to make a major change in the character of North Hutchinson Island, what concerns me is changing the Comp Plan, it's intentionally deleting the HIRD, which, in my view, and I don't profess to be an expert in this, seems to me the HIRD is what's protecting the 101Page Regular Meeting Tuesday, January 6, 2015 6:00 PM current residence North Hutchinson Island from keeping it at the relatively low density they appreciate. I ask you the Commissioners or someone to explain what is going to prevent North Hutchinson Island from becoming Fort Lauderdale or Miami, Beach he doesn't know of any resident of North Hutchinson Island, who would want to live in Fort Lauderdale. I don't see anything that will protect the residents from potentially becoming a Fort Lauderdale. Commissioner Dzadovsky asked the question of staff regarding casinos. He stated it was his understanding that the state regulates casinos in the State of Florida and also there's an agreement with the Seminole Indians as to how they manage and who has a right to run casinos. He wanted to make sure they dispel this effort right now because he didn't believe that the hotel could be a casino. It's also not site plan specific and we are not entertaining the idea of the casino here tonight, so he doesn't want miss representation in the audience or at home tonight. He then asked staff for clarification on the law regarding the casinos. County Attorney confirmed the County does not have the ability to approve casinos. It is something the State has to approve and he noted that he believed there some legal issues associated with it and it would require further amendments to state laws and constitutions if someone wanted to open a casino. Commissioner Dzadovsky stated he wanted to clarify that issue and make sure there were things that were accurate and true about the project being heard, so they can make a good decision. Sandy Stevenson, North Beach Association Director, Sands on the Ocean - Density has already been mentioned, I appreciate how it's been calculated in the past, however, they feel very strongly that it should be based on buildable acres and not on wetlands. She stated she won't go into any more of that because it's already been mentioned, but she would say that before the meeting started, she presented a petition with over 70+ names on it with the following: We the undersigned request the number of units per acre (density) and privacy be calculated on those acres, which County, State, and US government codes permit permanent structures to be built upon, and not solely on land owned by the petitioner. This would exclude, but not be limited to wetlands, coastal setbacks, and right of ways. The manual used to calculate the number of spaces required for a resort hotel does not take into account parking spaces for employees. This is especially problematic in St. Lucie County where there is no public transportation on North and South Hutchinson Island in the western portion of the county where this zoning is most likely to be used resort hotels provide many services and amenities. Staff would include reservations and concierge desk employees, accounting personnel, bellhops, maids maintenance workers, groundskeepers, event planners, shops, spa, pool and beach employees, restaurant staff (chef, waiters, food preparers, busboys, cleanup crews, managers, hostesses, and bartenders.) Additional employees would be necessary depending on the focus of the Resort, (golf or equestrian.) We respectfully request you eliminate these issues by amending the CR Commercial 111 Page Regular Meeting Tuesday, January 6, 2015 6:00 PM Resort Land Development Code as follows: 1) calculate density on the parcels buildable acreages permitted by County, State, and US government regulations and statutes. Close the loophole which permits developers to base density on wetlands, coastal setbacks, and writer ways. 2) include in the CR Commercial Resort Land Development Code a provision for adequate onsite parking for employees. In addition to condo hotel owners, guests and patrons. Employees must strive to work where there is no public transportation system. North Hutchinson Island already suffers from a deficit of public parking. For example, when the Seal Museum holds its annual Muster, vacant lots, including the old Radisson site are used to accommodate the overflow cars. I'm certain that all of you have high hopes in good intentions regarding the new zoning category. That years from now, you won't be remembered for your good intentions, but rather for the good laws and ordinances you pass. That's your legacy. Please tighten up this ordinance. It's too skewed toward the wants and wishes of a developer. Put St. Lucie County's needs before any Developers seem to ride into town on a white horse. Norm Stevenson, 3100 N. Hwy A1A, #904, F.P. - He stated he reviewed the documents available before Christmas and feels they lack specificity and clarity. There are number of areas that he has issue with the first being density, which has already been addressed. The next is the language which he quoted from section 3.01.03 of the commercial resort three point after point density they read the following: "in addition to the maximum number of units, amenities may be constructed, provided that the resort may not exceed the maximum permitted lot coverage" he stated the point of that is that it suggests that maximizing units at the expense of amenities can be a potential problem because that intern dilutes the essence of a resort. The next issue is on Parking and he stated he would suggest more strongly relative to how it's handled is to have a standard established now that all required parking support the facility that's plan be site -specific, to be site -specific, contained on the site. He said this should be a standard, not as a want or a must situation, but a standard before you get into the detail of the site prep. Amenities-3.1.01.03 (11) 3.g - this is what many of the residents on the Island are looking for. The general observation is the inability to discern between amenities, normally included in a moderately priced hotel. On a signature basis. What is specified is at least one full -service food and beverage outlet, that's kind of lean for a 3 to 4 star resort flagship, kind of lean. There is a secondary list from which they can draw from, but those items are generally found in a moderately priced hotel. His conclusion is that one can easily include that the standards outline for amenities are inadequate for 3 to 4 star resort and could be upgraded prior to site planning. "Is a condominium hotel really a hotel" - this came up at the December 20 meeting. There's a lot of focus on the occupancy that staff had touched on. The concept has been around since the 80s, I had personal experience with it back in that day and the thought is to be it is a really attractive financing mechanism. One question I had is what if any physical differences are there between a hotel unit and a condominium hotel unit. That's been kicked around by many people and we've not had any clarity on that. There is, however, a distinct change in a condo hotel versus a regular hotel and that is the management. When I look at the detail that's laid out in the supplemental detail what we have for supplemental activities, we need a declaration of condominium; we need an Owners Association to govern, maintain and operate the condo hotel, it's amenities and 12 1 P a g Regular Meeting Tuesday, January 6, 2015 6:00 PM services, we need a management of condominium hotel, which requires the condo association to hire a single qualified professional manage entity to maintain and operate the condo hotel. This ownership arrangement implies a fractured management structure for single unit accountability necessary for the successful operation of the resort. "Resorts shall be under common ownership or property management control." Four questions pop up: 1) Who has single unit accountability for the successful on -going operation of the resort after construction is completed 2) What is the basis for the allocation of the total number of rooms between the developer and individual investors? 3) Has a successful working management of the proposed scale resort (400) and site development been thoroughly researched? 4) What is the developers experience base? Summary: the documents in hand lack the specificity of standards for the development of site -specific plan that meets expectations and purpose. What the documents reflect is through the lens of the developer. What is required is an upgrade through the lens of the County and community with specificity of expectations and standards before site - specific plans are developed. There is concern with dilution of the developers, financial interest in the resort and the managing complexity with the lack of single accountability of the resort complex. A condo association responsible for governing, operating, and maintaining the condo hotel portion in conjunction with another for the hotel and amenities is not a recipe for optimum operation of a resort of the proposed scale. (Perhaps the concept of an upscale hotel with commensurate amenities as an alternative to consider.) John Wilkes, Executive Director of Sunrise Theatre, and resident at 108 Depot Drive, F.P. - He seems to feel an awful lot of lack of support for this project in the room tonight but he really feels, with some tweaking, he wholeheartedly supports the project he wants to tell you why. He sees this project as a domino and we already have a lot of great dominoes that have fallen over in this County. We have so much to be proud of in this County, the inventory of recreational, social, cultural, so many things that we can offer, a potential visitor as well as a resident are incredible, and so I see this as a domino that will hopefully become more dominoes. At the same time, it does not have to become a Fort Lauderdale or a Boca Raton. One of the things that we have about this County, and about Fort Pierce and Port St. Lucie is the desire on most of our parts to still be authentic Florida, to be real Florida, but to be doing it tastefully. At the Sunrise Theatre, specifically, we are probably good for 600 to 700 room nights and that's just for the entertainers. We have numbers for Miami, Fort Lauderdale - this is membership, not just patrons - West Palm Beach, Jacksonville, Tampa and it's amazing when you bring some of the artists that were bringing in and I hope that we've all seen in the 7.5 years an elevation of the profile of not just the theater, but the City and the County. A lot of the artists elect not to stay here because they don't have restaurants, room service and a lot of the amenities the potential project has. Someone like the national touring company of "Sister Act" who's playing tonight - there's 60 people on the road with that company so they're good for either 30 or 60 rooms depending on what they do. Artists like Olivia Newton John, the Broadway cast of the Buddy Holly story, Ringo Starr is coming to the Fort Pierce Sunrise Theater, these kind of artists demand some of these amenities and they stay in West Palm Beach or Vero Beach. So if we have these kind of 131Page Regular Meeting Tuesday, January 6, 2015 6:00 PM facilities, not just to promote the County, but also to be able to put them up there. I would say, and maybe I'm wrong, there are more rooms at the exits of the turnpike and 1-95 then on our greatest asset, which are our beaches. From a marketing standpoint, I know it's off topic, but where do you see any of the signs with DOT where it says beaches? We have to do collectively a lot better job of marketing St. Lucie County to the potential people who can take it to another level, but not to another city like Fort Lauderdale. I do from a business standpoint fully support this idea and hope that there might be a few more who can contribute to the TDC tax money and the businesses for all in St. Lucie County. Peter Angelos, Owner of Chuck's Seafood Restaurant, 822 Seaway Dr., F.P. - Good evening Commissioners, ladies and gentlemen, residents and visitors. Happy New Year everybody. I'm the owner of Chuck's Seafood Restaurant and have been for 29 years. I've lived in St. Lucie County for over 30 years. Most of the employees I have right now, I have over 30 full-time employees who have families, need this hotel to support us year- round. The reason for this meeting tonight is to convince these commissioners whether to approve or not approve this hotel in North Hutchinson Island, the site where previous hotel stood until it was destroyed by hurricane. There are some people here who don't want this to happen, and I personally would like to know if these people are yearly residents, if they own a local business and how many people they employ that are full- time residents of St. Lucie County. If these people who speak against this project are not full-time residents, business owners and do not have employees who live here and depend on employment in this County year round, they have the right to be heard or to speak, but I don't think they should be heard by this commission. That's all I have to say. Bill Medina, 3223 S. Lakeview Circle, North Hutchinson Island, F.P. - Good evening Commissioners and audience members and owners who are sitting out there. There are a lot of you I can see out there, I know a lot of you, we've met, and we've talked through the years on the beach. I am a year round, longtime resident of the Sands Community on North Hutchinson Island. We own our home, pay our taxes and enjoy the low stress, special surroundings on North Hutchinson Island and should not be required to provide a corporation the opportunity to construct a huge condominium resort hotel, so as to provide a large financial gain for the investors. We love our peaceful community and most of us would like to see the development of a medium -size hotel with a capacity similar to what was there at a maximum of 150 rooms. We ask that you not approve this commercial resort, but encourage the development of a more reasonable size hotel. Since this concept is a new, very complicated classification, why not try it someplace other than our Island? From what has been reported to the public, this provision will not be a supplement to an existing environment. I am sure you will hear from other residents tonight, who will provide more specific areas of concern and you've heard of some of them already. I'm sure I'm only scratching the surface. As a voter and tax payer, I feel powerless regarding changes that are being proposed to maximize the benefits of outsiders to the detriment of our County. Tonya Bray, 7608 Santa Rosa Parkway, F.P. - I have to say why wouldn't you want this to come to our County? It will be a boost to the community, it would be great for unemployment, sales tax, it would be a place for celebrities to stay, and by the way, I was the assistant general manager at this hotel for 10 years from 1983 to 1993. We had 141Page Regular Meeting Tuesday, January 6, 2015 6:00 PM 157 employees, we never had any traffic problems and most of our customers were people who lived on North Hutchinson Island. So I think it would be a plus. We had Chuck Norris stay there and filmed a movie there for six months and like John said will have a place for celebrities to come and stay in our beautiful County. I just think we should all say Yea! Thank you. Jean Downing, Vice President/Executive Committee Member of North Beach Association, 5163 North A1A, North Hutchinson Island, F.P. - We have several hundred household members, 35, some who have spoken here tonight, comprise our Board of Directors representing all areas of the Island. At our December Board meeting there was a discussion regarding the new zoning category Commercial Resort and the possibility it could apply to a site on North Hutchinson Island formally occupied by the Radisson. We realize the current property owners have not submitted a design or plans and therefore withhold any specific comments in that regard until after their submission. Discussion was generally in favor a hotel on the Island, however, after lengthy discussion and issue came forward, which could impact facets of any proposal. Density. A motion was made and passed, and I quote, "Directors present were concerned with the density being considered for the property at 36 units per acre as being too high for the Island." I've given some ad hoc petitions to the secretary, which generally support a hotel on the Island. John Gabrys, 908 Jacksonway, North A1A, North Hutchinson Island, F.P. - My residence is one mile from this property. We also own another property right across the street from the Ruffin property, so I'm a couple hundred feet away. I've been in business 40 years, when I want a first-class restaurant, maybe listen to some music, I gotta drive all the way over to South Hutchinson, I like the idea of having something I could ride my bike to. Go out to dinner, maybe go to a beach bar in ride my bike home. I do object to the density, it seems a little crazy on 12 acres, I don't know where you're going to have the parking for that many units in the employees like somebody mentioned earlier. I also object that people can live there 353 days a year, that means kids, school systems, that opens up the big can of worms if they can live there that long. The one thing no one's mentioned is the bridge, soon as November rolls around the sailboats cause bridge openings, traffic backs up on a short one pass the first boat ramp - on a bad one all the way back to the state park entrance. You had all these new people, all these new cars to those bridge openings and you need a real bridge, can have a bridge that opens and still have this property there. I don't know who's going to pay for the bridge, but now are talking 32 railway trains running down the tracks and that's more blocked traffic when those trains start coming from Orlando down the Miami. I don't know if that's going to go through, but that's going to change his whole County is trains because nothing's going to stop them from having 100 trains a day 150 trains a day if there is a demand and every time that train comes through the traffic backs up over the bridge on the North Hutchinson Island. Since no one mentioned the bridge I decided to bring that to your attention you get a think about that bridge, but I would like a nice little bar where I can hang out. Commissioner Dzadovsky noted from the bridge standpoint, the Transportation Planning Organization (TPO) and its long-term plans indicates there will be a flyover 151Page Regular Meeting Tuesday, January 6, 2015 6:00 PM bridge that would possibly go from US 1 all the way over to the island. So that's being brought forward into the long-range plan. He stated that is something that is being looked at and is a possibility for the very near future, he thinks 2019 is what's been indicated. Christopher Hamilton, 7908 Westmore Drive, F.P. - I support this change to the Development Code in the creation of the CR zoning district. The County leaders should be applauded for moving forward on this change. Anyone that understands the investment process for development knows that investment fails if it doesn't produce enough to pay back the original investment. Changes that are being proposed bring our County up to standards necessary for more modern investment opportunities. With these changes St. Lucie County grows up. Our County has been moving forward and redefining itself in the wake of economic downturn's that have affected us all, things are starting to turn around and this change will expedite that for us County citizens. The average unemployment rate for the state of Florida recently was listed at 5.8% - I know it moves around a lot, but that's what I saw - yet St. Lucie County is hovering at 6.7%, so we're above the average if those figures are correct. Allowing this change will push construction jobs up, service jobs up and draw in more interest to the community, we need that. I stand here tonight also representing the thousands of other County residents that feel the same. They all can't be here to speak, they have families, they have jobs they have other responsibilities that take priority. Instead of being here. It isn't always easy to attend this kind of meeting and hear what everybody has to say, so I'm speaking for all of those who believe as I do. I work at the local airport, a lot of you know who I am and have stated for many years that we needed an upscale draw to the County. Allowing this type of resort facility to plant bricks here or any kind resort facility to plant bricks here is the beginning of the new market. There is interest and investment, we must open the doors for. Unfortunately progress comes with contempt and complaint it always does. It is important to step back and look at the entire picture to see the colors. I believe the entire picture reveals bright colors taking up more space than the drab colors. I'm happy to see there's interest in building a first-class resort complex in our community and even more important that someone has already chosen are beautiful coastline to do so. I'm excited to see its completion. I'm looking forward to telling others about it. Highway hotels, as you know, don't attract tourists, they provide a place to sleep. In this case we have a high quality resort complex one of what may be naming as a community grows, and it needs more to support, they will provide a vacation and vacationers are what we need in St. Lucie County. Thank you for recognizing the need to modernize our development code and create new opportunities for investors to come here, we need them. Terissa Aronson, President/CEO of the St. Lucie County Chamber of Commerce - We submitted a letter to the Board, which she is sure is a matter of record so she will spare you the reading of the letter, but I do want you to know that the Chamber is in favor of these changes to the Amendment and I would like to remind you that we represent nearly 800 businesses and thousands of workers owners and managers and residents of St. Lucie County. It has been my experience and my travels throughout the county that I have not run into much opposition of this project. 161Page Regular Meeting Tuesday, January 6, 2015 6:00 PM Peter Tesch, President of St. Lucie Economic Development Council - I have a letter of support from the EDC Board of Directors that I would like to read into the record as follows: "On behalf of the Economic Development Council of St. Lucie County, Inc., we would like to express our strong support for the above mentioned resort hotel project. We believe the project will provide a wide variety of positive economic benefits to our community: much needed capital investment, increased tax revenues and job creation. As you are well aware, St. Lucie County is still experiencing an above average unemployment rate roughly now at 7.0%. The resort hotel project would do much to positively impact the County's economy by both direct and indirect job growth in the tourism, construction, retail and service industry sectors. Local stores, restaurants, fishing charters and many other businesses would also greatly benefit from the flow of tourism dollars into our economy. In addition to the hundreds of construction jobs and permanent jobs associated with the development, St. Lucie County will enjoy a significant increase in property, sales, and tourism development taxes. The EDC would like to offer to the Commission assistance in developing an economic impact analysis of the project to determine an accurate estimation of the economic and fiscal benefits that will accrue to the County as a result of the successful completion and operation of the facility. The EDC believes that the County Commission will specifically determine that the project and proposed site to be suitable for a resort that promotes convention, entertainment, civic and related activities while ensuring land use compatibility and surrounding infrastructure with existing residential areas. We respectfully urge the Commission's favorable consideration of this important project. Sincerely Tom Wilkinson, Chair, EDC Board of Directors" April Price, Marine Industries Association of the Treasure Coast - Our organization employs close to 3000 people here on the Treasure Coast, for over $300Million impact and we are very much in favor of this project. Our marinas in this area need those additional hotel rooms desperately. We have a lot of voters that enjoy being here throughout the year, they like to bring their friends and family and to visit and there's just not adequate beds for those folks. In addition to that, there are some first-class events, we'd like to bring to this area. Would like to bring more fishing tournaments into the area, there is a lot of interest, there's "trawl erfest", there's "boatacades" and with all these events that are marine related and spur economic develop in our industry and employ more people, we need places to stay, we need these first-class amenities. We have a first class industry and we deserve first-class amenities in addition to the ones that we already have here in St. Lucie County. We are very much in favor of the project, you should have a letter from my Board of Directors already in your file and we support these amendment changes. Commissioner Dzadovsky asked Ms. Price what her experience is with fishing tournaments and how many rooms are demanded and from a convention space area. Do they like to have everything on -site or what is the idea behind that? Ms. Price answered always having the amenities in onsite is definitely preferable in many of these location, especially when you're bringing in corporations and corporate sponsors. For some of the smaller tournaments we can send them out to some of the satellite venues and we do, they're all great, and I don't feel in any way, nor does the business industry 171Page Regular Meeting Tuesday, January 6, 2015 6:00 PM that these additional rooms will negatively impact those venues. I think that's the key to meeting this economic development. They are in favor of this, they know we need these rooms. So you're talking 250 room nights, but were talking about possibly for five days, they come in and pre -fish, get to know the waters and that's just the SKA tournament, when you get into the bigger bass tournaments and the bigger trout tournaments and so forth. You could be looking at 300 to 400 room nights. Commissioner Dzadovsky asked Ms. Price from her experience, what is the economic impact from a tournament like the SKA? He stated it was indicated it would be around $3-4Million, is that about right? Ms. Price confirmed, with the changes in the economy over the years those numbers still hold true today. Those events are what create the full-time jobs in the future as well. Rick Hatcher, Executive Director, Treasure Coast Sports Commission - I have the wonderful job of promoting sports tourism in the Treasure Coast. I know were talking about a property here in St. Lucie County, but when I took this job approximately 6 months ago, the first thing I did was take an asset inventory of what we have to offer for me to go out and market and promote the Treasure Coast. We've got beautiful venues, you heard Mr. Matthews talk tonight about the additional two ball fields and what it means just economically, what it going to do for their future of baseball. One thing that I think that the Treasure Coast and primarily St. Lucie County is missing out on is a premier hotel or resort. We have a number of opportunities to go and get events that are looking for larger stays in larger properties instead of just smaller rooms like 100 to 80 rooms. I think theres conferences that are related to sports conferences to Board of Directors that are tied to some sporting events that are just not here for the peak season from, say, January through April, but also the slow part of the season where many of the hoteliers are looking for us, the Treasure Coast Sports Commission, to see what kind of events we can bring in here. To have an opportunity to have a hotel that's got some convention space, a one -stop destination that has everything inclusive is another gem in our pot that we can have go out and market to folks. So I think that it would be a great travesty if this project was at least not given the opportunity to move forward with what it is because we're talking about progress, when we're talking about the two new fields, and I think this property would be the next step in allowing progress through. We're not talking about trying to be somebody else, let's create our own identity here with what we do have here. Shawna Walgrave, 2301 Tamerin Drive, F.P. - She lives in the Fort Pierce Shores neighborhood just south of the project. I would like to say that I'm a fourth generation native Floridian. My grandfather was a foreman of a packing house, my grandmother was a fruit packer, and my family was forced to leave Titusville in the 70s because the town died. My husband and I moved here in the 2000 because we saw that people probably that were sitting in the chairs that you are sitting in made tough decisions to promote this town. I firmly believe in this project, I don't understand why people would oppose it, other than maybe they've made their living elsewhere and have come here to rest. I look at my son and my peers and their children and they have to have employment. I think this is a great opportunity to bring employment to the community 18 1 P a g Regular Meeting Tuesday, January 6, 2015 6:00 PM and to bring tourism to the community, we're not an agricultural town as much anymore we have to really look to the future for not just our generation but for future generations and become attractive in that way. I am in support of the project, my husband and I walked past the site all the time. On a personal level, I'd like to have a little more activity on the North Beach side, we have to drive across the bridge to do most anything, except go to Sharkey's which we love. I would just like to say there are people in support that live right near there especially people who are looking for future employment. Mark Bryant, 1002 S.E. Pinewood Trail, F.P. - I really had no intentions of speaking tonight until they really got into the meat and potatoes of this issue so I decided to come up here and voice my opinions for it, which I'm going to be in support of simply because let's be honest folks, there ain't nothing around here. We have nothing to market ourselves, we have nothing really to put us on the map. If we put this condo resort here we can bring in tourists and people from all over the nation and all over the world. Yes, I agree with those who reside in Hutchinson Island for their concerns but with the tax money that's coming in, that could help further down the road take care of some of the issues like road construction, road maintenance and whatever. In the past, you guys have said that tax money is definitely needed in our County, I feel this is the first step to that and the jobs in the event settle bring. Let's be honest, you don't need a college degree for this, you can hire somebody right out of the high school and they could make a career out of this. There's also shuttle programs with a lot of major resorts and stuff like that they can transfer to destinations like the Treasure Coast Sports Council. They have their tournaments throughout the year, and they could even do something in conjunction with this resort and they can even transfer board to the Mets Stadium and even to the Sunrise Theater. I've lived in this County for almost 28 years, I'm 30 years old and I've heard for like the last 12+ years since I graduated high school these things take time. Well I say times up, action needs to start now! Let's move this forward, we can't go backward any longer, our economy is improving and we need to improve with it instead of sitting on the sidelines and letting anybody else take what we need! Thank you for letting me speak tonight. Mark Bryant, 2700 N. A1A, F.P. - Some 20 years ago my wife and I moved here from Key Biscayne, Florida. We have a home and 2700 N. A1A, which is adjoining the Ruffin property. We came here because it was quiet and came here to get out of Miami and Dade County and we have loved it and we still love it. In fact, we love it so much that for 20 years, we have flown here every six weeks for a week, brought our children here, stayed here in the summer time, and I'm here to tell you to Mr. Chairman, I'm not opposed to this project. Where my opposition is to the size of the project. At the Planning and Zoning meeting the chairman made a comment stating "I want to do this and I'm voting for it, but I can tell you right now that I'm not going to vote for anything greater than 200 rooms." When we lived there, first it was a Holiday Inn and then it was the Radisson and we were over there and it had 135-150 rooms, we believe, and I have a vested interest in this community. I have a great investment in this community, I want to see you do this, but what I'd really like for you to do is get with Planning and Zoning get with these lawyers and see if we can't work out something where were not talking about 36 per acre. Because Britton, I've met with Britton personally, she showed a 191Page Regular Meeting Tuesday, January 6, 2015 6:00 PM photograph earlier if you saw it and went out into the ocean that is their property by law, but also their allowed to build higher and higher, based upon property that's out in the water. And so as a result of that, you're talking about a huge project - anybody that's ever been in business knows this, what if it goes down the tubes? Because I can tell you the Radisson didn't do very well and just because Mr. Ruffin thinks that he can turn this thing around here doesn't mean that he's going to one of put up with something that might go down the tubes. One of his counsel at the Planning and Zoning meeting, says well if things go bad. We can just tear down one of the buildings. Well I don't really think that's got to happen. So if that were to happen, if things do go bad, then the problem is going to be what are you going to do when you got 36 per acre, and everybody else has 9 per acre or 16 per acre, and you've got double that and you've got double the sewage problems. And something I hadn't even thought of the school problems, the traffic problems, this morning I was on the bridge and I counted 57 cars coming my way after I've had to stop on that bridge. And if that were to happen, and we don't have the new bridge in apparently 2019/2020 what are we going to do in the meantime, because this project is not going to take years to complete once you make your decision. Any how the decision I'm asking you to make Mr. Chairman and members of the Commission is that you order the Planning and Zoning to come back, meet with the attorneys for Mr. Ruffin and come up with something that will have a better feel for because I know the public out here has no concept of what we're talking about because they haven't told us. In fact, I think what Mr. Ruffin going to do is turn this thing around. After he gets his past and he's going to flip it to somebody else to build it because he's about 80 years old. He's not going want to do this forever. So anyhow, what I asked you to do is to talk to the lawyers and see if you can get them to tell you what their plan is and if this isn't something you can do within about 200 units on that piece of property and everybody be happy. It's not that anybody in here as opposed to the project they are opposed to the size of the project. Commissioner Dzadovsky confirmed how density has been calculated on previous sites and how this project's density is being calculated. Planning Manager stated the density on all of the developments on the beach in that area were calculated on their gross acreage which is from the mean high water line, which is the high tide water line, all the way to A1A. This is the same way we calculate any intensity on any parcel in the County. Commissioner Dzadovsky responded to Mr. Bryant (2)'s question of "what is the plan" stating this hearing is not about the plan, it is about the text amendment to create the resort zoning. He wants to make sure the public is clear about that, we are not approving a site plan today, we will have "multiple bites of the apple" going forward back into Planning and Zoning back to us in public hearings. All of those opportunities will come again, so we need to make it clear this is not about a site plan tonight and that's why it's not being presented. There will be another opportunity to have that discussion on the road. 201Page Regular Meeting Tuesday, January 6, 2015 6:00 PM Steven Boyle, 4000 N. A1A, F.P. - I've been in Florida for many more years than I would like to admit, so I'm not a snowbird and I don't think that anyone in this audience tonight has spoken against having a first-class hotel where the Radisson stood. That would bring the jobs facilities for some of these very large groups, but were messing this thing up by trying to build it in connection with a timeshare condominium. Those dwelling spaces would be best used in the co -hotel. Now let me tell you one thing that maybe not a lot of people are familiar with, design of a timeshare condominium the units, and this makes dwellings and units very complicated, most timeshare dwellings are divided into two parts, they call them lockout units. A lockout unit is a hall where you enter in there is two doors. When the owner has a single rental he opens the third door in the interior, so that the person has the use of the two bedrooms the sitting room in the kitchen. If the owner wants to use it doubly he locks the center door and then they have basically two units, one is a one bedroom with a kitchen and a sitting room and the other unit that can be created just with the flip of a switch or a lock is a more standard motel unit with a bed, a mini refrigerator and naturally somebody slips in a microwave. So now we have two units for every dwelling and that's one of the hidden booby -traps that we may be walking into. Commissioner Dzadovsky asked staff if this text amendment considers this as an option. Planning Manager stated the text amendment requires that every unit, every room in the hotel will look exactly like a hotel room. This is not a timeshare where can be changed or there can be individual decorating styles. Each room will be operated as a separate room, per this text amendment. This text amendment allows for the use of the condo hotel financing concept which is just a financing concept, but the text amendment itself, the regulations themselves require that these hotel rooms will operate as hotel rooms, no matter what, even if the owners in there. Mr. Murphy followed up with a statement regarding some terminology used by the industry that there design team has relayed to them, which they've understood the industry counts it by "keys". They don't necessarily count it by rooms they count it by the number of keys, so it would be the key to the room/plastic card. And that's how they measure it. The terminology is the same and as Leslie said this is not a timeshare in that kind of concept, these are hotel rooms and it's basically the number of keys for that particular facility will be whatever the equivalent unit density is. Sam Yates, 2853 Yates Road, F.P. - Counting my grandchildren, the Yates family, my family has been in St. Lucie County for seven generations. It is said in St. Lucie County that you can't throw a rock in the County without hitting Yates and I often cautioned people, be careful because Yates have been known to throw a rock back. I've heard some good comments tonight throughout the audience, and I'm very happy that when there have been misconceptions among certain audience members that they have been cleared up. For the last few weeks I've traversed the County all parts of the county, not just North Island and to a person. The majority of people I have encountered have been favorable for this project, and I echo those sentiments. Today I attended a meeting of 211 Page Regular Meeting Tuesday, January 6, 2015 6:00 PM the Economic Development Council of St. Lucie County, their annual meeting, St. Lucie County is on the cusp of change we have the opportunity to do something fantastic on North Hutchinson Island, and other portions of the county. This is our opportunity to make the change that is going to last another six generations and we can look back and say remember when. I look back and remember when in the 1980's we had a group of developers wanting to build adjacent to where the old hotel used to stand. They wanted to build an 18 story condominium tower. It was thought that it was going to ruin St. Lucie County. I spoke in support of it because I believe we always need to open the doors to our County, so that other people can share that old Florida charm that is, St. Lucie County. Ironically today, many of those that spoke, saying they should have the opportunity to come here are now saying, not in my backyard. I urge you to think of "the what can", not the "what is" as you make a decision as you move this forward. Greg Simmons, 2403 N. Atlantic Blvd, F.P. - Mr. Yates, I appreciate the letter emailed me. I'm here to speak on this unit and thank you for all the folks who used to come in and shop; I had a business on North Beach, North Jetty Surf Shop for 15 1/2 years, I live down in that neighborhood and I liked the hotel. I know the hotel struggled at times and through some different name changes, it had a restaurant and like all businesses it struggled, it was busy year round, but the hotel was a real asset. I think it's too big. Personally I think it's too big. If I was Mr. Ruffin, I'd go for the most to, wouldn't you go for the most? I mean, that's normal, you asked for the most. By the way I got cleared up on the Sunshine Law, I called Ms. Hutchinson today and asked her what time this meeting was and we would get to speak and I thought the first two parts were about the units and the density and the third part was about the hotel and everybody else was speaking about the hotel. I think the hotel will be an asset. I just think we ought to down size it and make it fit the neighborhood, that 150-160 rooms whatever it was, I don't know how many rooms it was that would probably be feasible and would probably work. Y'all got to consider that, there are residence and the traffic can sometimes be pretty intense. Just a couple things I'd like to say, the events would be nice because we used to have people bring their boats that would sport fish, it was nice to see boat traffic and people fishing people going on vacation and a place to eat, but I don't know if you can do it with 400. 1 don't know if you could support it, because there is an off- season things do get slow people don't come here year-round. We have more people than we used to, but I just think it's too big for the neighborhood maybe just change the size. Applicant for the project, Lee Dobbins provided a presentation helped define the word condominium and condo hotel and the different types of condominiums that exist and the reason for the creation of the zoning type. Mr. Murphy then addressed the issue of density, as a rule of general application to the County as a whole, these regulations have been crafted with that thought in mind, the comments tonight have been specific to the North Hutchinson property that there are provisions in the CR Zoning District proposal that are very specific and very direct and they talk about compatibility with the surrounding area. They intend to develop the property for a resort hotel use and they intend to include as a part of that element of 221Page Regular Meeting Tuesday, January 6, 2015 6:00 PM condominium ownership for those hotel units. He stated they are unable to say how many units there is going to be because they have not gotten to that part of the process, yet, that's what comes in the next stages where they actually come in and start to lay it out. They are keenly aware of the necessity to maintain neighborhood compatibility and everything that goes along with that. There is language specifically included in the draft documents that addresses and empowers this Board. If they feel the numbers that "ABC Developer" brings in aren't appropriate for that area they have the ability to come in and knock it down. Another item that came up. Is everyone is looking at the gross number that's been tagged on this 36 units to the acre, all that is a ceiling number for development density, just like any other zoning restriction in the County. You still have to make it fit. Whether you're putting in a multifamily development of a single-family development and hotel under standard zoning district. You still have to come in meet and comply with all County development codes. The CR zoning district does not grant relief to any other design code in the County standard toolbox: building spacing, parking - all on site by code requirement, landscaping the enabling regulations were reviewing tonight. I believe we're opening up an opportunity for properties in the County to come in and take advantage of and develop and enhance the community as a whole. Commissioner Dzadovsky stated this would be a good time to have the discussion on length of stay because if that is going to be part of the text amendment he is clearly not in support of 353 days of stay in a condo hotel, that provision has to go away. It then becomes a condominium and we've totally lost the ability for a hotel and he stated he would not move forward with this if that provision stays in the amendment. He encouraged his colleagues to support them in this as well. Mr. Dobbins stated they could go back and talk with staff about it. They were trying to provide an alternative by providing three different categories. Planning and Development Director agrees to go back with the Developer and Mr. Murphy. He also noted that DOT is working on design plans for the replacement drawbridge and provided a recap on the rest of the major issues that were brought forward in the comment session. Commissioner Johnson asked Mr. Murphy to address the parking issue. Mr. Murphy stated the parking was very straightforward it spelled out in the regulations for the Land Development Code, then provided detailed information on where that information is located and how the developer must adhere to it. Mr. Dobbins also commented on the matter. Commissioner Dzadovsky spoke on the market driven part of this concern, noting market drives much of what we have. He provided details on areas in the south, summarizing by stating that this location in St. Lucie County is probably the only location for something of this type based on the fact that they've already removed 2200 acres, conservation and preservation land on it North Beach area. Those lands will never be 231Page Regular Meeting Tuesday, January 6, 2015 6:00 PM developed. He's appreciative of what's come forward and is really appreciative of the community's input because the community is vitally important to the process. He then asked staff for the elements of review they consider for specific site plan matters. Staff answered as follows: transportation, parking, landscaping, open space, building height, the intensity the access points and all of the site specific elements, and the drainage. The Board's provision is to either approve or deny any specific plan. Staff then explained the process that has to occur once a plan is submitted. Commissioner Dzadovsky reiterated this text amendment is County -wide and not site - specific. He does not want to limit us for commercial resort component for density in areas that might be more acceptable for greater densities. Commissioner Mallory noted, we are dealing with three separate items, and although the Items are titled "Ruffin Properties", they are not site specific, with the exception of the last item, they've been combined for overall discussion. Commissioner Hutchinson wanted to make several things clear to the public and have them on record for the next meeting they were as follows: -Countywide applicable code change and that's how we have to look at the first hearing. -On the 5 acre requirement, she wants to make sure that she heard staff correctly that there is not another area that could be reproduced upon. Staff clarified by quoting policy 1.1.5.3. -Parking has already existing in the code. -No existing height, setbacks required, drainage, or parking requirements that exists today are being changed with this proposed amendment. Staff recommended Board approval to transmit the proposed text amendment to the Comprehensive Plan to the State Department of Economic Opportunity and surrounding jurisdictions for review and comment. RESULT: 1ST READING APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Frannie Hutchinson, District No. 4 AYES: Kim Johnson, Chris Dzadovsky, Frannie Hutchinson, Tod Mowery ABSENT: Paula A. Lewis 3. Proposed Text Amendment to the Land Development Code - 1st Public Hearing Commercial Resort, Ruffin Properties, LLC Staff stated this public hearing is an amendment to the text of the Land Development Code which contains the overall regulatory framework for establishing a new Commercial Resort zoning district. The proposed changes are as follows: -New zoning district: Commercial Resort (CR) -Define: "Resort," "Condominium Hotel Unit" and "Hotel/Motel" -Add CR the PNRD (Planned Non-residential Development) process -Add CR to the Lot Size and Dimensional Requirements table, to include the standard 241Page Regular Meeting Tuesday, January 6, 2015 6:00 PM hotel unit density of 36 per acre -Amending Section 7.05.05, Use of Residential Property for Access, adding discretionary use approval of streets fronted by residential through the PNRD process -Creating supplemental standards for Condominium Hotels -Add CR district Sign regulations -Amending the Table 11-1, Zoning District/Land Use Compatibility Chart to include the new CR zoning district -Previous: 90 days/year -New: Sliding Scale -75%+ Occupancy - No more than 56 days per calendar year, or more than 14 days per quarter -50-74% Occupancy - No more than 30 consecutive days, and no more than 90 total days in any calendar year -Under 50% - No more than 30 consecutive days, but there is no limit on the total number of days per calendar year (max allowed stay of 353 days/year) Staff explained the changes listed above which include new definitions for the terms "Resort;" "Condominium Hotel Unit" and "Hotel/Motels." CR zoning district would be added to the Planned Development Zoning District section and to the Table which identifies Lot Size and Dimensional Requirements, which allows the standard hotel unit density of 36 hotel units per acre. So hotels permitted under a Commercial General zoned district currently are permitted a maximum density of 36 units per acre and this 36 unit number is being carried through to the proposed Commercial Resort zoning district. Staff noted sign regulations were created and the Zoning District Land Use Compatibility Chart has been updated for consistency with the Comprehensive Plan. Detailed supplemental Standards are created for the CR Zoning District, which contained 5 subsections and included an owner stay restriction. Following the Planning and Zoning hearing, the applicant submitted an amendment to the proposal which changes the proposed owners stay regulations. Limiting the condo owner's length of stay was important to the Planning and Zoning Board (P & Z) mostly for the purpose of maintaining the resort character and for ensuring adequate room availability to support tourism. The P & Z's recommendation for approval is for an owner stay of limitation 90 days within a calendar year. Following the hearing, the applicant felt the condo hotels would be more marketable with the newly proposed sliding scale. Staff feels the last bullet on the sliding scale "allowing an unlimited amount of days stay, but just no more than a 30 day consecutive stay" would no longer be in keeping with the proposed character of the commercial resort zoning district. Staff went on to discuss the complexity of the proposed item and noted staff does not support the last bulleted item for the above stated reasons. She noted the applicant will be speaking to this item as well. 25 1 P a g Regular Meeting Tuesday, January 6, 2015 6:00 PM Commissioner Hutchinson asked staff if this was a proper time to discuss change the amount of days listed in the proposed amendment, reducing the last bulleted item. Planning Manager responded noting it has been a collaborative effort, noting they feel good about the text amendment itself establishing a toolbox, the framework on which someone can build a resort. However, staff is not in support of this particular sliding scale because it's just too long, it's too close to a residential type of use. Staff would support at or below six months. Commissioner Mowery requested a deletion of the word "wholly" in the ordinance under "Section F, Density" "...Board of County Commissioners may condition the approval of any site plan for any Resort with more stringent or restrictive site density standards if it is shown to the satisfaction of the Board of County Commissioners that the proposed site density will be wholly incompatible with the surrounding land uses..." Staff requested permission to schedule the second and final public hearing for the proposed text amendment to the Land Development Code for the purpose of including the proposed CR (Commercial Resort) Zoning District and its associated framework. RESULT: 1ST READING APPROVED 4. 1st Public Hearing - Future Land Use Map Amendment (from Residential Medium to Commercial) Ruffin Properties, LLC Staff spoke on the site specific amendments which are the Future Land Use Map Amendment and concurrent rezoning for a 12-acre parcel located on North Hutchinson Island known as the former Radisson Site. Item IXA 4. is a proposed Large-scale Future Land Use Map Amendment which requested a change from RM or Residential Medium at 9 dwelling units per acre to Commercial. Staff stated the Map Amendment is proposed with a concurrent rezoning, however the proposed rezoning only requires one public hearing at a later date so it was not advertised for tonight's meeting but was being presented here so staff could offer a complete picture of what was being proposed. The proposal is a change in zoning from Hutchinson Island Residential District (HIRD) to the newly proposed CR (Commercial Resort) zoning district. Maps of the location with details were provided for clarification sake. Staff provided detailed information on the zoning designations currently in the area and what changes are being proposed with the amendment. Staff noted when the proposed Future Land Use Map Amendment was reviewed concurrently with the associated text amendments it is in compliance with the Comprehensive Plan and the Land Development Code. The proposed change meets Policy 1.1.5.3 requiring the property within the same or greater type of land -use classification. She noted this is a very important policy that all proposals must be able to 26 1 Regular Meeting Tuesday, January 6, 2015 6:00 PM meet and it's intended to prevent spot zoning. There are other parcels on the Island that may meet the proposed dimensional requirements for commercial resort, such as the minimum 5 acres, but those properties do not meet the distance requirements necessary in order to request a commercial future land designation needed in order to process a rezoning to commercial resort. Those parcels are about a mile or more away from existing commercial land -use so currently there are no undeveloped 5+ acre parcels of land within a quarter of a mile of commercial land -use that would allow for additional resort development further up the Island. The proposed future land use map amendment and also Policy 1.1.5.4 requires available utilities; these are provided by St. Lucie County Utilities. Staff then reviewed the proposed rezoning, which was not advertised and does not require a vote, but will be presented at the next public hearing for this group of items: -Item No. IXA 4.: Future Land Use Map Amendment from RM (Residential Medium - 9 du/acre) to COM (Commercial) -Concurrent RZ: Amendment to the Official Zoning Atlas from HIRD (Hutchinson Island Residential District) to CR (Commercial Resort) Staff provided an analysis of the proposed FLUMA and Rezoning as well as clarified, from a planning standpoint, the differences between the terms residential density, hotel intensity and clustering density/intensity. Staff summarized stating when reviewing concurrently, the proposed Comprehensive Plan and Land Development Code text amendments are internally consistent with one another. Together, the proposed edits diversify the local tourism draw by providing for regulations that support the development of a high quality, context sensitive, fully amenitized resort, which furthers Comprehensive Plan Goal 10.4 that call for expanding the tourism sector of St. Lucie County. Mr. Dennis Murphy introduced himself as the applicant's representative on North Hutchinson Island and explained they are seeking to change the land use designation from RM to Commercial, the first of a multi -step process necessary to eventually have the property developed in a resort use. He noted they are fully and wholly cognizant of the concerns expressed about site density and site intensity. When we moved the process to land development, hopefully we will be in a position to address all the concerns raised here and have a product that everyone will be proud of on the Island. Commissioner Dzadovsky asked Mr. Murphy what the property's previous zoning classification was and he responded it was originally residential then changed to R4E in the 1970's. Discussion took place between and he asked if it would have been designated as commercial and he confirmed that. 27 1 P a g Regular Meeting Tuesday, January 6, 2015 6:00 PM Commissioner Mowery asked for clarification on that and Mr. Murphy provided background history. Planning and Development Director noted they would clarify all the zoning questions before it comes back to the Board. PUBLIC COMMENT: Elizabeth Kay Gibson, 3200 N A1A, Apt. 801, Sea Palms, N. Hutchinson Island, F.P. - I have a petition created by the Board of Sea Palms Condominium Association, and in general it's opposing the density, the general feeling is we would like to see a hotel. Part of the wording of the petition. Reflects our misunderstanding of the zoning so if you'll forgive us on that. My husband who is a bit older than I am remembers that following World War 11 North Hutchinson Island from the Inlet, north to the County line was a potential wilderness, consisting of what the Navy left behind, but little else. Circa 1950, serious consideration was actually given to taking out the North Bridge and not replacing it, which of course did not happen. Over the ensuing years as development slowly starting occurring on the Island through the foresight and with the funding of the state. The County and a combination of preservationist groups, seven major recreational preserves were created on the St. Lucie County of North Hutchinson Island, ensuring that all residents and visitors of St. Lucie County would have unfettered permanent access to the 7 miles of beach between the dune line in the water extending in length from the inlets North Jetty to the County line, as well as access to Islands and tributaries of the Indian River Lagoon. To augment these hundreds of acres of public open space St. Lucie County has exercised a wise restraint in its zoning of North Hutchinson Island by establishing dwelling densities that are compatible with existing neighborhoods in the public purpose of the park complexes. This has resulted in a settled and compatible mixture of single and multi -family housing serving middle and upper middle income individuals, mostly of retirement age, who provide a healthy tax base and a modest demand on government services such as the school system. In short, the actions of previous boards of County commissioners have created for all citizens of St. Lucie County, a crown jewel in the way it has regulated and enabled North Hutchinson Island to develop. Now before you is a request to bring to North Hutchinson, what could be a radical zoning change. The guidelines being considered, could result in an overcrowded residential increase on portions of the Island, and a total downgrading of character for a place that to date has been well and carefully planned by the state of Florida and by St. Lucie County. A place that provides an environmental experience making the Island, uniquely valuable not only for its residents, but for the general population of St. Lucie County. My questions, at what point will environmental issues be considered and how will they be addressed. Jeri Bullock, Tiara Towers, 3120 N. A1A, Unit 1505, North Hutchinson Island, F.P. - Thank you for this opportunity to express my thoughts that will affect all of St. Lucie County and North Hutchinson Island in particular if approved. First I would like to submit to you petition signed by residence at Sierra Towers expressing his support of some residents for the rezoning and the opposition of others. We were able to collect 64 signatures, 17 in support of the rezoning and 47 opposed to the rezoning. Over all, it would appear that the residents are not opposed to having a redo of the Ruffin site in im Regular Meeting Tuesday, January 6, 2015 6:00 PM proportion similar to the original Radisson Hotel, which had about 155 units. Those who support the rezoning are anticipating a project which would bring benefits to the Island of a quality restaurant and lodging for visiting guests plus general economic benefits to the County. Those opposing the rezoning of the parcel appear to be concerned about the long-term effect that these proposed increases in maximum allowed density might have on the present quiet nature of North Hutchinson Island that they have come to love, those being increased people, traffic, beach use and noise. My husband Peter Bullock and I have looked at the St. Lucie County Property Appraiser's website to identify the number of parcels of land of 5 acres or more on North Hutchinson Island in St. Lucie County that are currently privately owned but not yet built out. We find that there are 12 parcel owners, representing 183 acres that could, conceivably, apply to be rezoned CR is the zoning things were approved. There are approximately 4000 units currently on the Island. Just 12 developers could build out an additional 6592 dwelling units on the Island increasing the residential units by 165%. The Ruffin property, with the possible 430 units, is just the first property that is asking for a rezoning, which is why I'm speaking at this point of the meeting tonight. Once we allow them to do it without further restrictions, we are opening that door for those other parcels to say "me too." As you the board consider how to handle a. These rezoning requests before you tonight; b. Future applications to build the resort hotel, we ask you to keep in mind where you will draw a red line to say enough build out on North Hutchinson Island in order to preserve most of the quiet residential ambience that exists on the Island and to maintain sufficient and easy access to the Islands public beaches and parks, beaches, all for all the residents of St. Lucie County. Commissioner Dzadovsky asked Ms. Bullock if her petition was presented to the residents about the rezoning or was it more related to density. She stated it was a big circle and you couldn't object to one without objecting to the other and after discussion, she did state that the petition was presented related to density. Commissioner Mowery noted, we need it to be clear that this is not about the zoning. This is only about the Future Land Usage Map Amendment, Commissioner Dzadovsky thanked the Commissioner for that clarification and reminder that the other sections were, where we were dealing with the Comprehensive Plan Text Amendment and the Land Development Code. Planning Manager clarified and reiterated there are no other parcels, besides the Ruffin parcel, on North Beach at this time that meet the standards to consider to be changed to a commercial designation. Ms. Bullock noted it would be more helpful if that were more clearly expressed in the documentation. Commissioner Dzadovsky noted that is why they are referring to Policy 1.1.5.3. Doug Davis, 2201 Atlantic Beach Blvd., F.P. - I've resided in St. Lucie County since 1957. I've been on the beach since 1986, so I'm very familiar with the area and I love it and that's why we are there. I think the key thing I wanted to say is the issue of diversity over on the beach. We are heavily residential and with the condominium structure, I'm very 29 1 P a g Regular Meeting Tuesday, January 6, 2015 6:00 PM glad to see that we are going to consider a Future Land Use Amendment that allows us to go to a commercial component that will bring us the things that we lack. We lack pretty much everything on North Beach. We do have Sharkies, which has been mentioned, were glad for that. But to bring back things such as restaurants and shops in the component of being able to have meeting space and those types of things that I see that this would bring. We need the diversity into our neighborhood. So I see the bar being set high with the terminology resort destination type of place. I think it would be something we are not used to seeing here in St. Lucie County. That's just me, I'm not sure what this is going to bring and what this projects going to bring, that's my hope. I know when I've asked, I do know Lee Dobbins, Lee Dobbins and I have spoken, and he mentioned a previous applicant that had purchased the property and had plans and thoughts for it, the standard was very high and he suggested I drive to a Vero resort and spa. I went there had a dinner and walked through the facility, it was phenomenal. And I said "if we had something like this, I would be wowed. St. Lucie County would have a gem something we lack, something we need." I see that as a plus, and I really think the key thing is diversity, bringing things into are community that we lack on North Hutchinson Island. Ann Desetas, 2700 N. A1A Aquanique, F.P. - I have been a resident of this County for more than 14 years at this address and I have heard a lot tonight about density, which is a big problem for me and I've also heard a lot about "oh trust me, just because we have 36 units per acre on the mainland that doesn't mean we'll put 36 units per acre on the Island". It seems a whole lot more logical to me to either exclude the barrier Islands from the 36 units per acre or to say it must be 36 units per "buildable" acre. Mr. Dobbins provided the Commissioners with letters of support for the project. Commissioner Mowery asked County Attorney for clarification on how they make recommendations to the DEO. County Attorney noted it would appropriate to vote to approve the transmittal of the proposed FLUMA to the State Department of Economic Opportunity and surrounding jurisdictions for review and comment as Staff recommended and note there will be a 2nd Public Hearing where they will review the State comments where public will be welcomed. At that time a vote "for or against" the change will take place. Commissioners moved to transmit to DEO. 301Page Regular Meeting Tuesday, January 6, 2015 6:00 PM RESULT: 1ST READING APPROVED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1 AYES: Kim Johnson, Chris Dzadovsky, Frannie Hutchinson, Tod Mowery ABSENT: Paula A. Lewis X. REGULAR AGENDA There are no items scheduled. XI. ANNOUNCEMENTS 1. The Board of County Commissioners will hold an Informal Meeting on January 13, 2015 at 9 am in Conference Room #3. 2. County offices will be closed on Monday, January 19, 2015 to observe Martin Luther King Jr. 3. The Board of County Commissioners will hold a Regular Board meeting on January 20, 2015 at 9:00 a.m. in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. XII. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. r Paula A. Lewis, District No. 3, Chair 1/6/2015 IF Joseph E. Smith Clerk of Circuit Court 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. 31 1