HomeMy WebLinkAboutBOCC Minutes 08-17-2004
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: August 17, 2004 Convened: 6:00 p.m.
Tape: 1-4 Adjourned: 11:10 p.m.
Commissioners Present: Chairperson, Paula A. Lewis, John D. Bruhn, Cliff Barnes,
Doug Coward, Frannie Hutchinson
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director,
David Kelly, Planning Manager, Becky Padrick, MSBU Coordinator, Millie Delgado-
Feliciano, Deputy Clerk
1. MINUTES (1-024)
It was moved by Com. Coward, seconded by Com. Bruhn, to approve the minutes of the
meeting held August 10, 2004.
2. PROCLAMATION/PRESENTATIONS
A. The County Administrator read upcoming events.
3. GENERAL PUBLIC COMMENTS (1-055)
Mr. Bill Hearn, Indrio Road resident, addressed the Board regarding Ordinance No. 04-
021 and asked the Board to deny the request to change the Ordinance for the purpose of
an ATV Park.
Com. Barnes stated the proposed change was to not specifically for the purpose of an
ATV Park.
Mr. Corwin Body, Lakewood Park resident, addressed the Board and stated the airport
property was not in his opinion a good site for a motor sport park due to the homeland
security issue. He asked the Board to consider a site in the Fairgrounds.
Mr. Bob Bangert, Holiday Pines resident, addressed the agenda and the Growth
Management Department and staff recommendations.
Mr. Craig Munt, North Hutchinson Island, addressed the Port and Policy # 2.1.2 and
2.3.2.
Mr. Charles Grande, Hutchinson Island resident, commented on the Port and the Berths
and did not agree with the permit application made by Mr. Michael Ravelo.
Ms. Susie Caron, Indrio Road resident, addressed the Board regarding Emerson Estates
and its non-conformity to the surrounding land use.
Mr. Maycumber, area resident, addressed the Board on Emerson Estates and also felt the
development does not conform with the area. He asked which comp plan was presently
being utilized.
The Planning Manager advised the Board that they are presently utilizing the new comp
plan.
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4. CONSENT AGENDA
It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the Consent
Agenda with item C3C pulled; and, upon roll call, motion carried unanimously.
1. WARRANT LIST
The Board approved Warrant List No. 48.
2. GROWTH MANAGEMENT
Request acceptance and approval of RFP # 04-073for Advertising Services for the
Tourist Development Division in fiscal year 2004-2005- The Board approved allocating
$21,600 from the Tourism Development Professional Services budget and entered into a
contract with Simple Success Marketing to perform these services- RFP# 04-073.
3. GRANTS
A. Community Services- Submission of the FY04/05 application to the
State of Florida Department of Community Affairs for the Community
Services Block Grant Allocation and Resolution No. 04-244- The
Board approved the submission of the grant application and Resolution
No. 04-244 authorized accepting the grant and authorized the
Chairman to sign all documents necessary to execute the application
and accept the grant.
B. Community Services- Amendment No. 1 to the Urban Transit Grant
Joint Participation Agreement- Contract No. AN992- The Board
authorized the Chairman to sign Amendment No. 1 to the Urban
Transit Grant Joint Participation Agreement Contract No. AN992.
C. Community Services- Emergency Shelter grant to the Department of
Children and Families Office - This item was pulled.
4. COUNTY ATTORNEY
A. Silver Lake- BJS Properties- Parcel I.D. No. 2427-701-0000-010/2-
The Board denied the counteroffer due to the fact that the counteroffer
significantly exceeds the value determined in Mr. Fuller’s appraisal.
B. Petition for Abandonment- Drainage and Utility Easements located on
south side of Lot 9 Block 173A Request Permission to Advertise-
Notice of Public Hearing- The Board approved scheduling a public
hearing to be held on September 7, 2004 at 6:00 p.m. or as soon
thereafter as possible.
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C. Historic Resources Survey- 5 Amendment to May 7, 2002
Agreement with Janus Research, Inc.- The Board approved the
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proposed 5 Amendment to the May 7, 2002 agreement and
authorized the Chairman to execute the amendment.
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D. South 25 St. Roadway Widening- Midway Road to Edwards Road-
Temporary Easement Barbara A. Wax- The Board approved the
Purchase Agreement with Barbara A. Wax in the amount of
$14,200.00 as shown on the attached sketch and legal description,
authorized the Chairman to execute the Purchase Agreement and
directed staff to close the transaction and record the documents in the
Public Records of St. Lucie County, Florida.
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E. South 25 St. Roadway Widening- Midway Road to Edwards Road-
Temporary Easement- John K. and Mary Ann James- The Board
approved the Purchase Agreement with Mr. & Mrs. James in the
amount of $12,500.00 as shown on the attached sketch and legal
description authorized the Chairman to execute the Purchase
Agreement an directed staff to close the transaction and record the
documents in the Public Records of St. Lucie County.
F. North County Charette Master Plan- The Board approved the
Interlocal Agreement and authorized the Chairman to sign the
Agreement.
4. COUNTY EXTENSION
Request to establish a Growth Management Agent Position funded 50% by each of the
University of Florida and St. Lucie County using funds available- The Board approved
the request to establish this position.
5. ADMINISTRATION
A. Board of County Commission Meeting schedule changes for
November 2004- The Board approved the changes to the November
2004 meeting schedule.
B. Commission/County Administrator Travel- The Board approved kin
or out of state travel for the County Administrator and many member
of the Board during the FY04-05 fiscal year.
C. Housing Finance Appointment- The Board ratified Com. Cowards’
appointment of Ms. Jill Olen to the Housing Finance Authority.
D. Housing Finance Appointment- The Board ratified Com. Barnes’
appointment of Ms. Trisha Pollard to the Housing Finance Authority.
6. PUBLIC WORKS
Engineering Division- Amendment No. 8 to the Consultant Agreement with Inwood
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Consulting Engineers for the 25 St. Widening Project - The Board approved
Amendment No. 8 to the Consultant Agreement with Inwood Consulting Engineers in the
amount of $50,000 and authorized the Chairman to sign. This will not affect the bidding
of this project.
7. CENTRAL SERVICES
New Clerk of Court Building- Air Conditioning- The Board approved the use of the
services of Edlund Dritenbas Binkley Architects/Continuing Contract # C01-01-266
through a Work Authorization as prepared by the County Attorney, in the amount of
$110,000.00 for phase 1 of the Chiller Plant Facility and authorized the Chair to sign the
Work Authorization. The Board also approved not exceeding $140,000.00 to lay chill
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water pipe along 2 Street and piggyback said work.
REGULAR AGENDA/PUBLIC HEARINGS
Please note regular agenda items 5- G,H,I were taken out of original sequence. Note tape
numeration.
5.A PUBLIC WORKS (2-1690)
Engineering Division Green Acres MSBU Initial Public Hearing Potable Water
Improvements FPUA- Consider staff recommendation to adopt Resolution No. 04-208
creating the Green Acres MSBU; approve the preparation of an Interlocal Agreement
with the City of Ft. Pierce and the Fort Pierce Utilities Authority; and authorize the
County Engineer to proceed with the engineering and design of the project.
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During this discussion, various affected residents questioned which entity would be
servicing the area due to annexation concerns.
It was determined by the County Attorney that those affected are in the FPUA service
area and are subject to annexation by the City of Ft. Pierce.
Ms. Jean Brennan, Green Acres resident, questioned the provider of the service.
Mr. Sam Lawler, area resident questioned the cost and the annexation and stated his
opposition to the project.
Ms. Kathleen Pierson questioned the assessment on the empty lots.
Ms. Pierson was advised that the properties would need to be contiguous to the assessed
parcel in order not be affected.
The MSBU Coordinator addressed the residents concerns and advised the Board that 52%
of the residents were in favor of the project.
It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve Resolution No.
04-208; and, upon roll call, motion carried unanimously.
5.B COUNTY ATTORNEY (2-3098)
Ordinance No. 04-027- Amending Section 1-20-17 of Division 1 of Article II of Chapter
1-20 Code of Ordinances of St. Lucie County, Florida, by Prohibiting Parking on Juanita
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Avenue (both sides) from its intersection with North 25 St. (SR 615) West a distance of
approximately 440 feet. Consider staff recommendation to adopt Ordinance No. 04-027
as drafted.
Ms. Arlene Goodman, White City resident, addressed the Board and asked the process for
prohibited parking.
Ms. Goodman was directed to meet with staff to obtain the information.
It was moved by Com. Bruhn, seconded by Com. Coward, to approve Ordinance No. 04-
027; and, upon roll call, motion carried unanimously.
5.C COUNTY ATTORNEY (2-3225)
Ordinance No. 04-028- Amending Section 1-20-17 of Division 1 of Article II of Chapter
1-20 Code of Ordinances of St. Lucie County, Florida by Prohibiting Parking on Old
Dixie Highway (both sides) from its intersection with Naco Road South a Distance of
approximately 1,056 feet and by Prohibiting Parking on Naco Road (south side) from its
intersection with Old Dixie Highway West a distance of approximately 1,056 feet.
Consider staff recommendation to adopt Ordinance No. 04-028 as drafted.
It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve Ordinance No.
04-028; and, upon roll call, motion carried unanimously.
5.D (2-3291)
Resolution No. 04-099 - Consider staff recommendation to approve Resolution No. 04-
099 granting approval to the Conditional Use Permit petition of Joseph Lopez, to allow
for the operation of a Landscape and Lawn Maintenance facility to be known as Lopez
Landscaping and Maintenance in the AR-1 zoning district.
Mr. Al Broder, Thomas Lucido & Associates, representing Mr. Lopez, addressed the
Board.
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Mr. Billy Johnson, area property owner, addressed the Board and questioned if heavy
equipment i.e. dump trucks and trailers would be placed on the property. He expressed
his concerns with the use of the property and if it was to be utilized as an agricultural
business or industrial business.
Mr. Bill Hearn, Indrio Road resident and member of the Planning and Zoning Board,
advised the Board that he was the lone vote in opposition to this petition. He stated his
opposition was due to the fact he felt it was in appropriate for the area.
Mr. Herbert Beach, White City resident, addressed the Board in opposition to the
petition.
Ms. Susie Caron, Indrio Road resident questioned the tonnage size of the equipment and
stated this would be something the Board could utilize to decide.
It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve Resolution No.
04-099; and, upon roll call, motion carried unanimously.
5.E GROWTH MANAGEMENT (3-073)
Resolution No. 04-095- Consider staff recommendation to approve Draft Resolution No.
04-095 approving the petitioners request for change in zoning from AR-1 zoning district
to PUD zoning district and Preliminary and Final PUD approval for a 27 lot single family
residential project to be known as Lone Pine, subject to the limiting conditions as
contained therein.
Mr. Greg Boggs, Thomas Lucido & Associates, representing the petitioner, addressed the
Board.
Mr. Joseph Dagman, Citrus Avenue resident, addressed the Board and stated no one on
his block was invited to the meeting held at the White City Improvement Club. He
advised the Board that he owned 4.5 feet of the ditch.
Mr. Herbert Beach, White City resident advised the Board the White City Improvement
Club is not stating a position on this issue. The facility was used for the community to
meet and be informed on this petition. He advised the Board that he was in favor of the
project.
Mr. Mike Long, area resident addressed the Board in opposition to the project and stated
the substandard road could not afford the traffic impact this project would cause. The
Planning and Zoning Board concurred with those who attended the meeting in opposition
to the project.
Mr. Herbert Beach advised the Board that he personally delivered flyers to 50 homes in
the area advising them of the informal meeting being held.
Mr. Stan Hill, Flood Road resident, addressed the Board in favor of the project.
Mr. Warren Bared, Mallard Court resident, addressed the Board in favor of the project
and thanked the developer for bending over backwards to please the residents. The
homes being developed are comparable to the area.
Mr. Dagman, area resident asked who owns the drainage ditch.
Mr. Boggs advised the Board it is being used as a public drainage easement, a utility
easement. He stated according to the records, it does not indicate any encroachment or
where the 4 feet is stipulated.
The Road and Bridge Manager concurred with Mr. Boggs.
Mr. Mark Keen, Elm Avenue resident, addressed the Board in favor of the project.
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Ms. Pamela Hammer, Reserve resident, advised the Board that the P & Z Board turned
the project down 7-0. Expressed concerns with houses being on septic tanks.
Ms. Hammer requested the Board send this back to the P & Z due to the fact it had many
changes and the Board had denied the request.
Ms. Arlene Goodman, Oleander Avenue resident, addressed the Board in support of the
project.
Com. Barnes commented on the septic tank mounds and how the vegetation was to be
preserved with all the fill being placed around the area.
Ms. Kay Long, Citrus Avenue resident, stated in her opinion, the flyers were given to
those residents who are in favor and not those who are opposed.
A representative from LBF&H addressed the elevation questions .
Mr. Billy Johnson, area property owner, addressed the Board and advised them this
project would be in flood zone A.
The following Board members disclosed discussions with the applicant:
Com. Hutchinson and Com. Lewis.
Mr. Kevin Broley Oceans 4 President, addressed the Board’s questions provided pictures
of the homes they are planning to build.
Com. Barnes stated this development will have septic mounds in flood zone A, barely a
one lane road to service it, no tree will survive and this is not special, this is a cow
pasture with 2 or 3 feet of fill with a road down the middle, houses on either side, if this
was not required to be filled, and with no septic tanks, he would consider granting and
increasing density, but, this is an area of the county where there is no infrastructure. It
will set a president and will not be voting for it.
Com. Coward stated they could not ask for more from a developer. He is providing
sidewalks on site, has an environmentally sensitive design, has worked with the area
residents. He felt this would upgrade his investment if it was something being done in
his area. He is in favor of this project. Not to say that the issues of the road and drainage
are not legitimate and do not need to be addressed, but this is an excellent example of the
type of development he would recommend.
Com. Hutchinson requested the deed restrictions be filed with the county.
It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 04-
095; and, upon roll call, the vote was as follows; Nay: Barnes; Aye’s: Hutchinson,
Bruhn, Coward, Lewis; motion carried by a vote of 4 to 1.
5.F GROWTH MANAGEMENT (4-041)
Consider staff recommendation to approve Draft Resolution No. 04-100 granting a
Change in Zoning from I zoning district to CG zoning district for property located on the
north side of Weatherbee Road, approximately 500 feet west of South US. Highway 1.
Mr. Jonathan Ferguson, attorney for the petitioner, addressed the Board on this issue.
Mr. Herbert Beach, White City resident, addressed the Board in opposition to this change
in zoning.
Mr. Mark Keen, area resident, addressed the Board in opposition to this re-zoning and
asked the Board to keep Weatherbee residential.
Ms. Arlene Goodman, White City resident, addressed the Board in opposition to the re-
zoning.
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Com. Barnes stated he believed approval of this rezoning would be setting a president.
Com. Coward stated he did not believe this rezoning was setting a president since this is
compatible with the commercial land use and the decision can be made at the local level.
It was moved by Com. Bruhn, seconded by Com. Coward, to approve Resolution No. 04-
100 and, upon roll call, the vote was as follows: Nay: Barnes, Aye’s: Bruhn, Hutchinson,
Coward, Lewis; motion carried by a vote of 4 to 1.
5.G GROWTH MANAGEMENT (1-1162)
Resolution No. 04-096- Consider staff recommendation to approve the Resolution
approving the petitioner request for change in zoning from RS-4 zoning district to PUD
zoning district and Preliminary PUD approval for a 73 lot single family residential
project to be known as Oakland Estates, PUD subject to the limiting conditions contained
therein.
Mr. Harold Melville, attorney for the petitioner addressed the Board.
A continuance was requested by the attorney due to the fact that he has not had time to
review and become more familiar with the issue. He would also like the time so that
meetings with the local residents and the petitioner can be scheduled to address concerns.
It was moved by Com. Coward, seconded by Com. Bruhn, to continue this public hearing
on September 21, 2004 at 6:00 p.m. or as soon thereafter as possible; and, upon roll call,
motion carried unanimously.
5.H GROWTH MANAGEMENT (1-1268)
Resolution No. 04-094- Consider staff recommendation to approve Draft Resolution No.
04-094 for a change in zoning from the PUD zoning district to the RM-5 zoning district
for Lennar Homes, Inc.,.
Mr. Greg Boggs Thomas Lucido & Associates, addressed the Board on the issue.
A continuance was requested by the applicant. He would like the opportunity to meet
with the residents to show the plans for the development.
Mr. George Stonebreaker, area resident addressed the traffic on Lennard Road and stated
he did not trust the petitioners’ promises.
Mr. Frank Knot, area resident, stated the Board has the same issues as the Planning and
Zoning Board and does not agree with RM-5 designation since many residents have
property consisting of many acres.
Ms. Lauretta Galetti, Galetti Place resident stated the area is an equestrian area and
disagrees with a RM 5 zoning.
Com. Coward stated they should go through the process of a PUD and cannot understand
why they do not want to go through the process since it gives the county certainty.
Mr. Boggs stated a developers agreement would serve the same purpose and given the
sites natural characteristics the available upland and the wetlands, the fact that the
Lennard development program, the lot size and their townhouse development program,
conforms to a straight zoning classification and a previous Board approved an RM-5 and
the Comprehensive Plan supports 5.
Com. Coward stated the P & Z recommended denial which means they had concerns,
this petition going back to them would be appropriate.
Com. Bruhn stated his concerns with the developers agreement and stated the builder
should have a PUD.
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Mr. Waldman, Lennar Homes addressed the uncertainty of Lennard Road.
Com. Barnes stated we are considering tonight to continue this issue not make a decision.
Com. Coward stated he was not attempting to stop the project, he was attempting to make
it go through a path of least resistance.
Com. Bruhn asked if the agreement could be amended by a future Board.
The County Attorney stated yes, and advised the Board that they would need to go back
through the process in order to amend the agreement.
Com. Barnes stated if they deny the continuance, and turn down the re-zoning, the
developer could when the Board changes in November and if the new Board may want to
see more density in the area, the developer could come back with a PUD with more
density and if they received 3 votes, they would get approved.
Staff stated this was correct.
Com. Hutchinson requested the County Attorney go more in depth about the length of
time (10 years) a developers’ agreement would be in force.
The County Attorney stated the 10 year period is set by state law, but there is the ability
to extend the agreement one time.
Com. Bruhn suggested a majority vote on this item and expressed his concerns with a
developers agreement and would like something more concrete if they do not wish to go
through the PUD.
Com. Coward stated he did not have a problem continuing this item, however, if it moves
forward as an RM-5 he will not be voting in favor .
Com. Hutchinson stated it was the decision of the applicant on how he wished to present
this, whether it be through a PUD process or straight re-zoning with the Board
considering a developers agreement. It is their money and their risk and their choice.
She believes that a developers agreement can be tightened and the fact that some of the
residents were not here tonight she would not vote to resolve this issue tonight and would
agree to continue the Public Hearing.
It was moved by Com. Barnes, seconded by Com. Hutchinson to continue this public
hearing on November 9, 2004 at 6:00 p.m. or as soon thereafter as possible; and, upon
roll call, the vote was as follows: Nay: Bruhn; Aye’s: Coward, Hutchinson, Barnes,
Lewis; motion to continue carried by a vote of 4 to 1.
Mr. Herbert Beach, White City resident, addressed the Board in opposition to the project
and stated they would be endangering the PUD concept.
Mr. Charles Grande, P & Z Board member addressed the Board and stated the reason for
the Boards vote. He stated the reasons the applicant gave were the reasons why a PUD
should be required.
Mr. Maycumber, North County resident, addressed the Board and stated the County is
placing the residents in the same position he is in with Emerson Estates.
Mr. Jeri Stonebreaker, area resident, stated she has been fighting the Lennard Road
project for years and she requested her property’s zoning be changed to Ag so that she
could have animals. She is in opposition to this project.
Ms. Susie Caron, Indrio Road resident, addressed the Board and stated it was a
concurrency issue. She stated a PUD is black and white and does not agree with a
developers’ agreement.
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Mr. Bill Hearn, Indrio Road resident, addressed the Board and stated the property is
perfect for a PUD and cannot understand why the applicant is so reluctant.
Mr. Greg Boggs, Thomas Lucido & Associates addressed Mr. Hearn’s comments.
Com. Barnes stated if you look at the map, the surrounding areas are zoned RM 5. He
stated the construction of Lennard Road should cease until a Master Plan is developed.
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Mr. John Ferrick, 25 St., resident gave a history of the area.
Staff was directed to come back with possible land use planning of the area.
5.I GROWTH MANAGEMENT (2-1529)
Consider Draft Resolution No. 04-093 granting a change in zoning from AG-1 to RS-4
zoning district for property located on the west side of Keen Road.
Mr. Dan Harrell, attorney for the petitioner, addressed the Board and requested a
continuance due to the fact he has just received the tree survey and would like to have
time to review it .
It was requested that the applicant show how the units will fit with the lake.
It was moved by Com.Hutchinson, seconded by Com.Bruhn, to continue this hearing on
September 7, 2004 at 6:00 p.m. or as soon thereafter as possible; 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 Courts
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