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HomeMy WebLinkAboutBOCC Minutes 04-20-2004 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 20,2004 Convened: 6:00 p.m. Tape: 1-3 Adjourned: 9:45 p.m. Commissioners Present: Chairperson, Paula A. Lewis, John D. Bruhn, Frannie Hutchinson, Cliff Barnes, Doug Coward (absent) Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Dennis Murphy, Community Development Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the minutes of the meeting held April 13, 2004; and upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 04-120- Congratulating Nora Porter on winning the St. Lucie County Scripps Howard Spelling Bee at the Port St. Lucie Community Center on Thursday, February 12, 2004 and wishing her success in the National Competition to be held in Washington D.C. in May, 2004. It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve Resolution No. 04-120; and, upon roll call, motion carried unanimously. B. A presentation was made by Ken Gioeli, Natural Resources Agent UF/St. Lucie County Cooperative Extension Office, congratulating the winners of the Natural Resources Photo Contest. C. Maxine Green and her group, “Granny’s Gang” made a brief presentation of their concerns. Various members of Granny’s Gang addressed the Board requesting they consider constructing sidewalks in the Angle Road area close to the schools. They also expressed their concerns with the crime in the city of Ft. Pierce (Lincoln Park area) as well as requesting a four way stop sign in front of Westwood High School. The Board stated they would look into the matter. D. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS Mr. Peter Polizatto, 6034 Indrio Road, addressed the Board and read the attached letter. The County Attorney addressed the County’s zoning laws. Mr. Phillip Stickles, Carlton Road resident, addressed the Board regarding their decision to postpone action on the mine issue until further information could be obtained. He stated his opposition to any more mines being located in the area. 1 4. CONSENT AGENDA (1-874) It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the Consent Agenda and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 31. 2. COUNTY ATTORNEY A. White City Drainage Project- Canal D- The Board approved the Contract for Sale and Purchase with Ms. Hancock and Ms. Robinson, approved the resolution and authorized the Chairman to execute Resolution No. 04-133 and instructed staff to record Resolution No. 04-133 in the Public Records of St. Lucie County, Florida. B. White City Drainage Project- Canal F- The Board approved the Contract for Sale and Purchase with Mr. Arline, authorized the Chairman to execute the agreement, directed staff to close the transaction and authorized the Chairman to execute Resolution No. 04- 135, and instructed staff to record Resolution 04-135 in the Public Records of St. Lucie County, Florida. C. Indrio North Savannas- First Amendment to Work Authorization No. 12- Boundary Surveys and Wetland Mapping- The Board approved the First Amendment to Work Authorization No. 12, and authorized the Chairman to sign the amendment. D. Release of Lien for St. Lucie County Code Enforcement order to impose fine/lien in Case No. 99120064 dated June 7, 2000- The Board authorized the Chairman to sign the Release of Lien. E. Resolution No. 04-119- Commending Kevin M. Gillette of Troop 405 for achieving the Rank of Eagle Scout- The Board approved Resolution NO. 04-119 as drafted. F. Florida Yards & Neighborhoods Program- Interlocal Agreement with Martin County, City of Stuart and the University of Florida Institute of Food and Agriculture Services, Florida Cooperative Extension Service- The Board approved the proposed Interlocal Agreement with the Florida Yards and Neighborhoods Program, and authorized the Chairman to sign the Memorandum of Understanding. 3. GROWTH MANAGEMENT Simple Success Marketing Advertising Invoices- The Board approved payment of the invoices. 4. COMMUNITY SERVICES Resolution No. 04-132- The Board adopted Resolution No. 04-132- St. Lucie County Local Housing Assistance Plan for Fiscal Years 2004-2005, 2005-2006, 2006-2007, State Housing Initiative Partnership Program. 5. PUBLIC SAFETY 2 Certificate of Public Convenience and Necessity- Permission to advertise for Public Hearing- The Board approved advertising for Public Hearing for the CON We Care, Inc. for Class B to be held at 9:00 a.m. on May 11, 2004. 6. UTILITIES A. Utility Consulting Services- The Board approved for Anthony L. Elia to provide Utility Consulting Services in connection with the North County Utility District in the amount of $65,000. B. Payment Request for FPUA- The Board approved the second Payment Request for FPUA in the amount of $1,320,000 for the North County District’s bulk interconnection and the interfund loan from the General Fund Reserves to be repaid with interest at 2%. REGULAR AGENDA (1-114) 5. COUNTY ATTORNEY A. Draft Ordinance No. 04-007- Amending the St. Lucie County Land Development Code by amending Section 11.13.01 to Provide for Clarification of Board Enforcement Responsibilities; deleting Section 11.13.03 Enforcement Procedures; and amending Section 11.13.04 other penalties and remedies to clarify the initiation of other enforcement proceedings- Consider staff recommendation to approve Ordinance No. 04-007 as drafted and authorize the Chairman to sign. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve Ordinance No. 04-007; and, upon roll call, motion carried unanimously. B. Draft Ordinance No. 04-016 Creating Section 7.10.24 Land Development Code to Establish a Height Limitation for Outside Storage of Intermodal Containers- Consider staff recommendation to determine whether a height limitation for the outside storage of Intermodal containers is appropriate and to adopt Ordinance No. 04- 016 as drafted. Staff changed their recommendation to continue this hearing for two weeks in order to answer concerns expressed from a previous meeting. Mr. Lloyd Bell, Port property owners, addressed the Board and stated this ordinance is very broad, it does not appear to be well thought out and affects everyone in the county. He asked if these are intermodel containers, what about the aircraft containers. Does this only apply to ship containers or all intermodel transportation and what do you do about the railroad. He stated he would consider any action an act of bad faith at a time when they fully expect to bring some resolution to the desires for the utilization of the port and the mega yachts. It was his understanding that he would cooperate with the county as long as the county cooperated in good faith and he would consider this a breech of good faith. Com. Barnes stated this does not apply to the Port because it is within the city limits. It was moved by Com. Barnes, seconded by Com. Bruhn, to continue this item for two weeks, May 3, 2004; and, upon roll call, motion carried unanimously. C. GROWTH MANAGEMENT- Draft Resolution No. 04-080- Request of Robert Rigel for a Conditional Use Permit and Major Site Plan approval to allow for the construction of 49,820 sq. ft. mini- warehouse/self-storage facility, and 3,750 sq. ft., of general office space to be known as Hutchinson Island Storage and Office Complex- 3 Consider staff recommendation to approve Resolution No. 04-080 as drafted. Mr. Roger Bayber, CSM Engineers, representing the petitioner, was available for questions. Mr. Charles Grande, Presidents Council, Hutchinson Island, addressed the Board in favor of the project. It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve Resolution No. 04-080; and, upon roll call, motion carried unanimously. D. Draft Resolution No. 04-077- Consider staff recommendation to approve Resolution No. 04-077 approving the Petition of Travis E. Murphy, Jr., as amended for a change in zoning from CN to CO. Mr. Howard Sercy, business partner, addressed the Board regarding his petition. Ms. Christa Storey, area resident, addressed the Board and stated staff has addressed her concerns. Wanted to confirm exhibit A map will be corrected. Staff advised her that the map would be corrected. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve Draft Resolution No. 04-077; and, upon roll call, motion carried unanimously. E. Draft Resolution No. 04-076- Consider staff recommendation to approve Resolution No. 04-076 the request of Cheryl and Mark Griffin for a Conditional Use Permit to allow landscaping and horticultural services in the AR-1 zoning district for property located at 9290 Orange Avenue. Ms. Cheryl Griffin stated she had received 2 waivers from two surrounding residents and also advised the Board that one resident decided to remain neutral. She does not wish to build a wall barrier. It was moved by Com. Barnes, seconded by Com. Bruhn, to continue this hearing on May 3, 2004 7:00 p.m. or as soon thereafter as possible; and, upon roll call, motion carried unanimously. F. Draft Resolution No. 04-082- Consider granting Final Planned Unit Development approval for the project to be known as Palm Breezes Club, Planned Unit Development and a change in zoning from the PUD zoning for property located on the north side of Orange Avenue. The Planning Manager advised the Board on condition # 4, they would like to add language that would require a transit stop be included. Mr. Butch Terpening, Culpepper and Terpening, addressed the Board and stated they have reviewed the conditions with staff and they concur and also concur with the addition of the transit stop. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve Resolution No. 04- 082 subject to the 5 conditions and the addition of language; and, upon roll call, motion carried unanimously. G. Draft Resolution No. 04-079- Consider staff recommendation to approve Resolution No. 04-079 granting the petition of Patricia Griffin Lowe for a Conditional Use permit to allow the operation of a riding 4 school as an accessory use to a residential unit on property located at 7001 Gullotti Place in the AR-1 zoning district. Ms. Patricia Griffin Lowe, petitioner, addressed the Board this issue. Mr. Jeffrey Shoenfield, property owner within 100 feet of said parcel, expressed his concerns if there would be a commercial stable, what is the limit of horses, how big a barn etc. His concern was if this would lower the value of his property. The Planning Manager, stated there were no limitations on the animals, however, a barn is not permitted. Ms. Lowe addressed Mr. Shoenfield’s questions. She stated she would not have more than her two existing animals and will not be constructing a barn and will not be boarding animals. Mr. Shoenfield withdrew his objection. Unidentified gentleman, addressed the dirt road and who will be maintaining the road if it is used for commercial purposes. Ms. Lowe addressed the egress and ingress issue. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. (1-2955) H. Consider the application of Home Dynamics Corporation requesting a change in Future Land Use Classification from COM to RU to RH for 34.5 acres located on the southwest corner of Edwards Road and South th 25 St. The Planning Manager advised the Board of the concern regarding density expressed by the P & Z Board. The applicant came back with a proposal limiting the density and staff provided a simpler solution. Mr. Mark Mathis, representing the applicant, addressed the Board on this issue. Their goal is to develop 360 units. Mr. John Ferrick, area resident, addressed the Board with his concern of placing a residential high in this area. He does not have a problem with residential urban. Mr. Charles Grande, Hutchinson Island, stated this plan came before the P & Z Board and denial to transmit was recommended. He stated if the Board was not going to follow the recommendation of the P & Z Board that the very least, he suggested with the new plan or the modifications, the applicant should be sent back to the P & Z and get a new recommendation from that Board. Ms. Pamela Hammer, P & Z Board member, addressed the Board and stated a member of the School Board stated in the proposal that children would be able to walk to school, however, one of the schools would not be in their zone and requested this be taken out from the proposal. The 15 units per acre constitutes 3 times the number of kids in our schools. She asked the Board to turn this down and send it back to the drawing board. Ms. Kim Hopkins Willis, resident of Edwards Road, addressed the Board and requested they not change her community. Mr. Jonathan Ferguson, attorney for petitioner, addressed the Board and stated and introduced into the record six letters that were mailed to the surrounding property owners. He advised the Board that they did not receive comments or calls from those residents. 5 Mr. Ferguson stated the applicant is trying to provide mixed housing needs for the area. Mr. Ferguson stated they did not disagree with the Planning Manager’s characterization that the 3 land use categories is overly complicated and would like to drop back down to th an earlier request that the 300 feet on the east of the property as it boarders 25 St., be designated RH and the remainder of the property be designated RM. This would be 8 and ¾ acres RH and remainder 26 + acres RM. This would be a maximum of 370 units, however, he does not believe they would complete 370 units. Ms. Rona Perry, White City, stated her opposition to the developing of this many units in one area. She would prefer ranchettes and would like for them to look at other means of development. Com. Barnes stated he felt this needed more work and would like some guarantees. He would like to see the developer approach the School Board and see if they could use more property and also would like to see if there are plans to restore the flood planes. He would like to see more though going into this development. He does understand that with it now being commercial, they could wind up with a huge shopping center with much more traffic and he would rather see residential development. Mr. Alejandro DelFino, representing the developer addressed Com. Barnes questions on the quality of the homes and stated the pricing of the homes would depend on the market. There will not be any rentals, these homes are to be purchased. Com. Hutchinson stated she met with the representative a couple of weeks ago. Her one concern is everything else being considered in that area is of less density and this would change the flavor of the neighborhood also the fact there are no red lights other than Sunrise and Oleander. She would have a better comfort level if she knew what they were going to contribute. Com. Barnes asked if staff had reviewed any of the previous communities built by this developer. Staff stated they had not. Mr. Ferguson stated the developer had a website the Board and staff could review. It was moved by Com. Barnes to transmit the requested 300 ft. RH and balance of 26+ acres RM; but, also along with the transmittal that staff research what this developer has done in other communities and if it not to their liking they would reserve the right to review it again and deny it; seconded by Com. Hutchinson, and; upon roll call, motion carried unanimously. (2-1119) I. (a) Consider approving the petition of Reserve Homes Ltd., through Resolution 04-081 amending the existing Development Order for the Reserve a Development of Regional Impact and; The Community Development Director reviewed the changes and amendments to the project and also their discussions with the city of Port St. Lucie regarding the “Fields of Dreams” project. A review of the request of the connecting access in the Saddlebrook Drive area was discussed and it was concluded that this access would not be paved or opened to general traffic, but would utilized for emergency access only. The second access connection, Parcel 34 (the Lakes at PGA Village) was discussed and it was the consensus that this connection would be used for an interim period of two years, acceptable for the limited use of a connection from Parcel 34 into the city of Port St. Lucie. The developer will be constructing Commerce Center Drive from the Golf Learning Center down to and across the C-24 canal connecting to Village Parkway (aka Commerce Center Drive) as it comes up from the Tradition Development. 6 The plans are, that roadway will be built within the next two years which will then allow for the construction of a new entrance point into the PGAVillage development in the city allowing for the closure of connecting point of Parcel 34 and the City of Port St. Lucie. The internal bridge will be opened to vehicular traffic. The Community Development Director read the change in language amending the Final Development Order for Parcel 34. (b) Consider approving Resolution No. 04-083 amending the Final Development order for Parcel 34 (The Lakes @ PGA Village) and; (c) Consider approving Road Impact Fee Credit Agreement 04- 002 between St. Lucie County and the Reserve Homes Ltd., In consideration for the expansion of the interstate Ii-95 and St. Lucie West/Reserve Blvd., interchange and the associated improvements to St. Lucie West/Reserve Blvd., between Reserve Commerce Center Drive and Peacock Blvd. Com. Hutchinson requested in item (a) the habitat mitigation/preservation issue be clarified. The Community Development Director stated, by agreeing to this, it does not go anywhere near approving anything in regards to the Fields of Dreams at this time and also, our environmental staff has gone through the site with the Reserve environmental staff and they are satisfied with the level of protection. Mr. John Sapo, Coltier Company, concurred with the Community Development Director’s comments. They have addressed the issues of concern, i.e. the two vehicular connections between the Reserve DRI and the PGA DRI. They have also withdrawn their request for parcel 38, which was to be 6 lots in the back section of the Reserve and have agreed not to go forward with that in the future. The Community Development Director stated that within Resolution 04-081, there will have to be some additional clean up for some of the paragraph numberings. The final will be adjusted slightly for the correct numbering of those paragraphs. Mr. Norman Oak, Kings Mill section of the PGA Village, thanked the Board for their efforts in what has been established today. He is pleased with the 2 year agreement and he asked that it be noted in the resolution that Coltier will utilize a contractor’s entrance and only use the connector road when necessary. He has also requested a 4-way stop sign be placed within Champion’s Way and Commerce Roads. Mr. Sapo stated the 4-way stop is something they would be willing to do if the County would approve it. The Community Development Director stated there was a 4 way stop sign sometime ago. It was removed because Commerce Center Drive is an arterial roadway and they cannot permit stop signs along an arterial roadway. He does not believe this could happen. Mr. Jim Lamar, Property Owners of the Reserve, stated they are withdrawing their objection to the connector road and parcel 38 as they have come to an agreement as previously stated. Mr. Bill Kannel, Reserve Homeowners Association, expressed his concerns with the following: he requested seeing the exact location of the recreation area and the Fire Department land. In the resolution where it mentions the 81 acres for the Field of Dreams Park, he requested the 81 acres be deeded to the county and not to the city. Mr. Kannel stated they were pleased with the 2 year agreement and asked for guarantees from the developer that they will route construction traffic around the neighborhood 7 whenever possible. Also, in the staff memo it stated that Village Parkway will not be completed for at least 2 years. He asked it be started as soon as possible and begin the entrance into the north parcel without waiting until 2006. They would also like a guarantee that construction traffic will be blocked from access in the old original Kings Mill neighborhood. Also a legal interpretation of paragraph B in the Champion’s Way resolution and tighten this paragraph. He asked that since Parcel 38 and Saddlebrook are not on the agenda tonight and asked the Board to seal this agreement on parcel 38 by putting it into a recordable instrument for everyone’s protection. He asked the minutes include the agreement between the Reserve and Coltier and perhaps the language on page 3 of the staff memo could be adopted as part of resolution 04-081 (see Resolution 04-081 amended findings of fact attached as Exhibit A). Mr. Kevin Maculiff, area resident, concurred with the comments concerning the 4 way stop requested. Ms. Pamela Hammer, resident of the Reserve, addressed the Board that thanked them for their efforts on the roads and the solutions brought forth. Ms. Hammer stated, that during the negotiations, the developer stated construction traffic would go around on Village Parkway as long as possible then they would have to stop to do some of the paving and this is understood. Also, in staff’s memo it stated they would open the road once it was all done down and across the bridge. This is not correct, they were to open the Village Parkway as fast as they could get it designed and built and have the entrance into the new PGA Village South/ North Parcel from Village Parkway hopefully less than two years. The construction traffic has to be prohibited from going into the “Spy Glass “ neighborhood. Dreams Park is something they know is coming, and there are conditions they can live with, however, there is one they cannot. When it comes time to take that land, they insist it must come to the County Commission, they cannot afford to have this land go to the city due to their past problems. They are also asking the 8 acres of recreation be illustrated on a map. Ms. Hammer in closing commended the developer. The County Attorney addressed the questions directed and stated that regarding parcel 38 there be language placed stating that there was an application which has been withdrawn and there was a representation that it would not be re-filed. Also, on the contractor’s entrance, it would seem appropriate to memorialize what the developer has agreed to in some fashion. The County Attorney suggested directing staff to place the appropriate language restricting construction traffic as indicated and incorporated in the resolution along with language concerning parcel 38 and also incorporate the suggested amendment to resolution 04-83. The Community Development Director stated there are some corrections in the packet given to the BCC. The east and west notations were mixed up and part of exhibit B, should be vice versa, this will be corrected. Also it needs to be noted that there are certain improvements that are required by the city of Port St. Lucie which are beyond the impact scope of the Reserve and Reserve will eligible for up to 100% credit of these improvements. The Chairperson stated she would prefer the backup be changed to numbers as opposed to letters. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve items 5I a,b,c to include the changes and amendments; and, upon roll call, motion carried unanimously. 8 6. CENTRAL SERVICES (3-138) Consider staff recommendation to approve the Selection Committee’s recommendation to move forward with the design/build expansion of the St. Lucie County Correctional Facility by Centex-Rooney/Schenkel Shultz at a cost of $ 18,995,000. Staff recommended tabling this item until April 27, 2004 until more information is obtained . It was the consensus of the Board to re-agenda this item for April 27, 2004. 7. GROWTH MANAGEMENT (3-831) Consider staff recommendation that the Board of County Commissioners authorize a formal public hearing to consider the revocation of a previously issued Conditional Use Permit authorizing the operation of an air curtain incinerating on property located on the south side of Orange Avenue. It was moved by Com. Barnes, seconded by Com. Bruhn, to authorize a public hearing be scheduled with a date to be advised; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. __________________________ Chairman __________________________ Clerk of Circuit Court 9