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HomeMy WebLinkAboutBOCC Minutes 12-21-2004 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: December 21, 2004 Convened: 6:00 p.m. Tape: 1-5 Adjourned: 1:00a.m. Commissioners Present: Chairperson, Frannie Hutchinson, Doug Coward, Joe Smith, Paula A. Lewis, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Ed Cox, Growth Management Director, Randy Stevenson, Asst. Growth Management Director, Beth Ryder, Community Services Director, Ed Parker, Purchasing Director, Paul Phillips, Airport Director, Don West, Public Works Director, David Kelly, Planning Manager, 1. MINUTES It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held December 14, 2004; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Annual Christmas remembrances were distributed to the Board by the 4-H Clubs. B. The County Administrator read upcoming events and scheduled meetings. 3. GENERAL PUBLIC COMMENTS Mr. Bill Hammer, Reserve resident, addressed the Board regarding the future challenges the area will be facing with growth. He urged the Board to set up arrangements for transfer of development rights. Ms. Margaret Benton, Chairperson for the Martin Luther King Commemorative Committee addressed the Board regarding upcoming events celebrating Martin Luther King Day in St. Lucie County. 4. CONSENT AGENDA (1-492) It was moved by Com. Lewis, seconded by Com. Craft, to approve the Consent Agenda; with items C2 F and C2G pulled; and, upon roll call, motion carried unanimously. Com. Hutchinson had previously questioned item C3F and had discussed this issue with staff. She requested it be noted for the record that in the past, a discussion was held regarding including the Humane Society in discussions of the Master Plan. The County Administrator stated it the past, the Board had made it very clear that there were no plans to re-locate the Humane Society, but will be enhancing the site and coordinate it with the development of the property. Com. Hutchinson commented on item C2-B regarding the Budget for Indian River Drive and the 80% of the project being completed by March 24, 2005. 1 The County Engineer advised Com. Hutchinson that according to the JPA, the county would be responsible for the 20% of the project costs that occurs after March 24, 2005. 1. WARRANT LIST The Board approved Warrant List No. 12. 2. PUBLIC WORKS A. LBFH Work Authorization No. 34- The Board approved Work Authorization No. 34 with LBFH to provide surveying services for the Harmony Heights MSBU in the amount of $89,000 and authorized the Chairman to execute the Work Authorization. B. Florida Highway Administration Grant and Budget Resolution No. 04- 398 – The Board approved Budget Resolution No. 04-398 and established a budget for grant proceeds from the Federal Highway Administration in the amount of $29,356,861.08. C. Change Order No. 1 in the amount of $3,526,000.00- S. Indian River Drive Emergency Re-construction /Hurricane Frances- The Board approved Change Order No.1 in the amount of $3,526,000 for additional work to S. Indian River Drive Emergency Re-construction as a result of damage sustained from Hurricane Frances and authorized the Chairman to sign. D. Riverland Groves Mine: The Board approved 1)closure of the Riverland Groves Mine with a waiver to the reclamation requirements and 2) release of the $25,300 bond. E. 3506 Avenue R- Authorization to Commence- The Board re-affirmed its previous order of September 21, 2004 and authorized staff to proceed with the removal of this unsafe structure and to assess the costs associated with this removal against the real property on which this building is located. st F. 2004 N. 51 Street- Authorization to Commence- This item was pulled. G. 2933 Harson Way- Authorization to Commence- This item was pulled. rd H. 1823 S. 33 Street- Authorization to Commence- The Board re- affirmed its previous order of September 21, 2004 and authorized staff to proceed with the removal of this unsafe structure and assess the costs associated with this removal against the real property on which this building is located. I. 4209 Avenue D- Authorization to Commence- The Board re-affirmed its previous order of September 21, 2004 and authorized staff to proceed with the removal of this unsafe structure and assess the costs associated with this removal against the real property on which this building is located. J. 5145 N. U.S. 1 Release of property from order- The Board approved the release of the building from the order to repair or demolition of unsafe building, dated August 20, 1996, upon inspection, the building has been removed. The Board authorized the Chairman to sign the release as prepared by the County Attorney’s office. 3. COUNTY ATTORNEY 2 A. Resolution No. 04-390 Authorizing Participation by the St. Lucie County Housing Finance Authority in the Escambia County Housing Authority Single Family Mortagage Revenue Bonds Series 2005- The Board approved Resolution No. 04-390 as drafted. B. Revocable License Agreement- Fairways Golf Club, Inc. d/b/a Island Pines- Sign in median of Indian Pines Blvd.- The Board approved the after the fact Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed Fairways Golf Club, Inc., to record the document in the Public Records of St. Lucie County, Florida. C. Request to refund filing fee- Abandonment of Peterson Road- Lennar Homes, Inc.- The Board disapproved the request for a refund of the filing fees of $250.00 to Lennar Homes, Inc., the abandonment application states it is a nonrefundable fee and there is no assurance that the petition will be granted. D. Resolution No. 04-396- Extending the State of Emergency for Hurricane Frances and Resolution No. 04-397 and 04-398 for Hurricane Jeanne- The Board approved Resolution No. 04-396 and 04- 397 and authorized the Chairman to sign. E. Florida Communities Trust- Paleo Hammock Addition/FCT Project 04-044 FF4- The Board approved the Florida Communities Trust Grant Contract for Paleo Hammock Addition project and authorized the Chairman to sign and transmit the Grant Contract to Florida Communities Trust. F. Florida Communities Trust-Heathcoate Botanical Park/FCT Project 04-045-FF4- Grant Contract- The Board approved the Florida Communities Trust Grant Contract for the Hathcote Botanical Park project and authorized the Chair to sign and transmit the Grant Contract to Florida Communities Trust. G. Bear Point Mitigation Bank-Credit Purchase Agreement with John Evasius for Diamond Sands- The Board approved the proposed Bear Point Mitigation Bank Credit Purchase Agreement with John Evasius and authorized the Chairman to sign the Agreement. H. State Road 70 Okeechobee Road Widening Project- Midway Road and Peacock Road right of way- The Board approved Resolution No. 04-399, authorized the Chair to execute the Resolution and record the Resolution with the attached sketch and legal description in the Public Records of St. Lucie County, Florida. 4. PARKS AND RECREATION Approval of Ahrens Companies Change Order- The Board approved the Change Order in the amount of $11, 104.00 for replacement of an additional 37 light fixtures damaged by Hurricane Jeanne in the Adams Arena at the SLC Fairgrounds Equestrian and Events Center. 5. GROWTH MANAGEMENT A. Approve EQ # 05-270 and Budget Amendment # 05-112 for the purchase of capital software for the Growth Management’s movable filing system- The Board approved EQ # 05-270 and Budget Amendment # 05-112 to reallocate funding. 3 B. Request of James Kirby, III /West Midway Subdivision- The Board approved the final plat of West Midway S/D and authorized its final execution. C. Request of Frank S. Cuccurese, PSM for final plat approval for the project to be known as Shirard Estates Subdivision Phase 1- The Board approved the final plat of Shirard Estates S.D, Phase 1 and authorized its final execution. D. Amagal Estates Subdivision-Final Plat Review- The Board approved the final plat for the subdivision to be known as Amagal Estates and authorized staff to proceed with its final processing. E. Twisted Oak Estates II Subdivision- Final Plat Review- The Board approved the Plat for the Twisted Oak Estates II Subdivision and authorized staff to complete the final processing of this plat. 6. PURCHASING A. First Extension to Contract No. C03-09-681- with Gerelcom, Inc., for installation of premise distribution wiring.- The Board approved the first extension to Contract No. C03-09-681 and authorized the Chairman to sign the extension as prepared by the County Attorney. B. Approval of Bid Waiver and Ratification of Emergency Purchases from Hurricane Frances/Jeanne- The Board approved 1) to ratify the County Administrator’s Order effective September 3, 2004 at 5:00 p.m. and September 24, 2004 at 9:00 a.m. 2) approved the waiver of sealed bids as a result of the declared emergency 3) ratify the County Administrator’s approval of the list of emergency purchase orders and authorized the Chairman to sign contracts as prepared by the County Attorney. 7. COMMUNITY SERVICES A. Donation Acceptance- The Board accepted the donation of $1000. from Mr. & Mrs. Stanley Synkoski and approved budget Resolution 04-388 which will allow expenditure of these funds in addition to an anonymous donation of $2500. B. Approval of Budget Resolution 04-384- The Board approved Budget Resolution No. 04-384 in the amount of $52,363 and accepted the Grant Extension for the Community Services USDOJ Violence Against Women Grant. 8. AIRPORT A. AB Management Associates Consulting Agreement for SLC International Airport- The Board approved the Consulting Agreement with AB Management Associates for $26,400 to provide Federal Governmental affairs support services to facilitate other the installation of the ASR-11 radar, the proposed parallel runway and to facilitate other services that may be necessary at the Federal level. B. ASI: Insurance Reimbursement Check Endorsement- The Board approved the endorsement by Douglas Anderson, County Administrator of an insurance reimbursement for ASI, Inc., a tenant at the St. Lucie County Airport. 9. HUMAN RESOURCES 4 Human Resources/Risk Management- The Board approved the funding of $314,722.81 for Hurricane Frances and Jeanne labor and materials emergency clean-up at Tradition Stadium. 10. INVESTMENT FOR THE FUTURE A. John Brooks Dune Crossover/DEP Agreement No. CZ414- The Board approved Amendment No. 2 to DEP Agreement No CZ414 John Brooks Dune Crossover to extend the project ending date to February 28, 2005 and authorized the Chairman to sign the Amendment. B. Change Order No. 1 to Contract No. C03-817 Universal Cabling Systems, Inc./Walton Road Annex- The Board approved Change Order No. 1 to Contract No. C03-10-817 to increase the contract sum in the amount of $11,602.00 and authorized the Chairman to sign the Contract Change Order as prepared by the County Attorney. 11. ADMINISTRATION Request Board approval for Change Order Nos. 1,3,6,10,11 and 12 for repair of hurricane damage to Tradition Field, Net affect is a project cost of $92,403.- The Board approved the change order numbers which reduce the Tradition Field hurricane repair project cost by $92,403.00. 12. CENTAL SERVICES Walton Road Annex-City of Port St. Lucie- Water Distribution System/Bill of Sale and Owner’s Affidavit- The Board approved the Bill of Sale and Owner’s Affidavit for the Walton Road Annex project water distribution system and or wastewater collection system, authorized the Chair to sign the Bill of Sale. 13. GRANTS Authorize submittal of two grants- The Board approved the submittal of the grant applications to the U.S. Department of Agriculture Wetland Reserve Program for restoration of the recently acquired 316 acre Teague and the 260 acre North Harbor Branch property, which is planned to be acquired. If the County is not successful in acquiring the North Harbor Branch property, the grant application will be rescinded. REGULAR AGENDA (1-884) 5.A PUBLIC WORKS Consider Draft Ordinance 04-008 amending the St. Lucie County Land Development Code by amending Chapter 6.00.00 Vegetation Protection and Preservation to provide for a series of general amendments updating clarifying and amending the County’s Vegetation Protection and Preservation Standards and regulations and amending Section 11.05.06 Vegetation Removal Permits- This is the first of two public hearings- No action required. Second Public Hearing scheduled for January 21, 2005 at 6:00 p.m. Ms. Amy Mott, Environmental Division reviewed the issue and stated the P & Z Board voted 5-1 in favor of forwarding the Ordinance to the Board of County Commissioners. Ms. Mott reviewed the major changes of the Ordinance. Com. Craft questioned item D-2 on page 4. Ms. Mott addressed the question stated staff’s recommendation was to move the time from 2 years to 5 years where they cannot come back after they have cleared the property, and rezone or subdivide. This eliminates the convenience of removing native vegetation without going through mitigation. 5 Com. Craft stated he was inclined to recommend 5 years for the Ag. Exemption. Com. Coward concurred with 5 years. Ms. Vanessa Bassey, Environmental Lands, reviewed the surrounding counties. Okeechobee and Broward Counties the agricultural lands are exempt from tree preservation completely and no time limit. Martin and Palm Beach Counties each have a set aside requirement on agricultural lands. Martin County has a buy out. You can pay the county for the number of acres you have to preserve based on the assessed value at the time. You must preserve 10% of each common native habitat or 25% of each rare habitat. Indian River, Volusia, Orange Counties, if you clear under an exemption in Indian River County, you must stay in agricultural use for 2 years, in Volusia County, 3 years and in Orange County, 8 years . Com. Coward stated his only concern was comparable value of the property. Mr. Bob Bangert, Environmental Committee advised the Board during the process they had several meetings with developers and they worked well on this issue without weakening the code very much. Mr. Chris Kapotnik, area resident, stated he did not see where cost was criteria for vegetation preserve component. Mr. Jay Maycumber , stated he had serious concerns for preservation of the trees, vegetation and native habitat and stated developers given the choice will strip the land to maximize their value. Com. Coward stated there were two Board members in favor of the 5 year term Ag. exemption issue and asked if the balance of the Board was inclined to change the term. Com. Hutchinson stated she was in favor of the 3 year time for the reason this has been back and forth for a year and there was a lot of discussion held on this issue and this was a compromise that came from the public and she was willing to support it. Com. Lewis concurred with the 3 year term for Ag. exemptions. She stated she did not want to make someone have to hold onto the designation for 5 years if a Hurricane destroys the property. No action required, the second public hearing will be held January 21, 2005 at 6:00 p.m. or as soon thereafter. 5B. This item was pulled prior to the meeting Draft Ordinance No. 04-034 5.C GROWTH MANAGEMENT Consider the application of Joseph Miller, Inc., for a change in Future Land Use Designation from RS to RU for 191.07 acres to be transmitted to the Florida Department of Community Affairs for review under Chapter 163 Fla. Statutes. Com. Coward addressed his concerns with the upcoming land use issues due to the fact many residents are concerned with the holiday season and cannot be present. He suggested these issues be discussed after the holidays since it is for transmittal purposes. The Planning Manager stated the next transmittal will not be until an April time frame. The County is permitted 2 transmittals per year and he did not wish to utilize one for 6 these issues . He would like to reserve the two upcoming transmittals for other issues in the upcoming year. Com. Craft stated he would like to see a plan before he votes to approve or deny a land use change. Com. Smith stated he was not sure if he was comfortable putting someone through the extra effort before they know exactly what they are dealing with. They are dealing with a lot of land use changes site unseen. Com. Coward suggested asking for a more detailed PUD to go along with the land use amendment and if they like what they see they can approve them concurrently. He would like to have a comfort level before transmittal. Com. Hutchinson requested it be noted which hearings will be continued. Com. Coward stated 5C, 5D and 5F would be the continued items. He does not feel obligated to rush a project through they have not reviewed. The County Attorney suggested they be continued until the first cycle of next year (February) with a target of April for transmittal. It was moved by Com. Coward to continue items 5C and 5D to a date to coincide with the first transmittal date and that they have the PUD submitted as part of the review process to give the Board further information about the specific development proposal for each site; seconded by Com. Craft; Com. Lewis stated it was premature to ask for a plan before approving the land use change. Com. Hutchinson asked the maker and the second of the motion if they would pull their motions in order to have public comments. Mr. Joe Miller, applicant, addressed the Board on his request and stated they were requiring placing the cart before the horse when requiring a PUD before the land use change. He appreciated Com. Lewis’ comments. Com. Smith questioned if they had a plan. Mr. Miller stated they have a very preliminary plan. His intention is not to place 5 units for the acre, they are asking for five because there is not a zoning of 3.5 units to the acre. Com. Coward stated he was not requesting a developer to provide a full blown finalized plan until they receive some type of a blessing, he is looking for a preliminary PUD to come in with the land use change. Com. Craft stated before he would send anything to the State, he wanted to make sure it had his stamp of approval. Mr. Al Brodeur, Thomas Lucido & Associates stated they are on the same page and are only asking to transmit not approve. Lower density does not mean a better quality of life. Mr. Brodeur asked the Board transmit this application to the State for their review and comments. Mr. David Chaskowicz, Englewood Development Company, Philadelphia, Pa., addressed the Board and stated he flew in from Philadelphia for this hearing tonight and is disappointed with the motion which is before the Board at this time. The idea is not to approve a land development plan, but, to look at the future land use and see if it is a good idea. By placing an open ended delay on this project, we may never know what is the best use of the land is. 7 Com. Coward stated he had a problem with moving forward without sufficient information. Mr. Chaskowicz stated that maybe while they are waiting for the transmittal date, they can work with the Board and staff, take a look and see what they can come up with and possibly in the four months they can come back show the Board what they have come up with and get their direction. Ms. Susie Caron, Indrio Road, stated that by doing the transmittal it may encourage “flip/flopping “ the property. Com. Coward addressed Ms. Caron’s comments. Ms. Joy Moore, adjacent property owner, asked what would happen to her if this was approved. Mr. Jay Maycumber, Indrio Road resident, addressed the Board in opposition to the land use change. Mr. Herbert Beach, White City resident, addressed the Board and stated he was not sure how these petitions came up for transmittal before review. Mr. Greg Boggs, Thomas Lucido & Associates, addressed the Board and stated they may need to change the Land Development Code, the Comprehensive Plan land use application so that forever more everyone will know, that upon a land use amendment and a transmittal hearing they will know how to play the game. Changing the rules at this point is unfair. Com. Coward suggested clarifying the guidelines and asked them to assist in this process. Mr. George Stonebreaker, area resident, addressed the Board, and stated he felt the consulting firm was not credible. He felt there is a problem with this and they need to come up with a plan. Mr. Bill Hammer, resident of the Reserve, addressed the Board and stated clearly something is not working. He felt the dynamics of the community is being left out of the equation. Mr. Brodeur, Thomas Lucido & Associates asked the process be made a lot more clear for those concerned. Com. Hutchinson stated if they are going to be making policy changes they need to give clear direction to staff so they can relay the proper information to the public. She is uncomfortable doing so mid stream, but if it is an issue which needs to be addressed, she would be happy to entertain it at the next meeting or tonight. Com. Lewis stated it was becoming more difficult to match code to policies or policies to codes, she is not sure which. She felt they may need to make some changes to the code for example there presently does not exist anything between RS and RU . The Board may need to look at further zoning categories. The codes and policies do not match and this may be where staff is having a problem. Staff is required to look at things technically and they have done so, they have not done anything wrong. Com. Coward concurred with Com. Lewis in establishing a zoning between RS and RU. It was moved by Com. Coward, seconded by Com. Lewis, to defer a consideration of this particular application, 5C until the April transmittal hearing due to the need of additional information; and, upon roll call, motion carried unanimously. 8 5.D GROWTH MANAGEMENT (2-3471) Consider the application of Paparone Homes of Florida, Inc. for a change designation of a 229.55 acre tract from RS to RU to be submitted to the Department of Community Affairs for review under Chapter 163 Fla. Statutes Mr. Bob Raines, attorney for the petitioner Paparone Homes, advised the Board that they have filed a PUD application and also has a conceptual site plan with them for review. Com. Coward stated if they wished to go through their case and the majority of the Board wished to consider transmittal, he is prepared to go ahead with it, however, the roadway deficiencies noted earlier are from the application and he considers these major hurdles which he is prepared to get into more discussion. He would prefer they all be placed for the April transmittal and have an opportunity to review the site plan. The public has not seen the site plan and they too should have the opportunity to review it. Mr. Raines stated he believed with the detail they would be getting into tonight with the PUD he is not sure this is appropriate for a land use. The question which gets transmitted to the DCA is, “ is this an appropriate request for a land use limit”. Mr. Greg Boggs, Thomas Lucido & Associates made a presentation on the project. The site presently has 24.5% of the uplands in preservation. 15% is required in a PUD and will be maintaining 17.5% of the wetlands. They will be providing a dedicated right of way and Mr. Boggs is confident that it is a good project and this is going through staff as a preliminary PUD. Com. Smith questioned the impact this project may have to the surrounding residents. The Planning Manager stated there is very little impact to the residents of Timberlake Estates. At one time the residents of the development complained of the visual impact of the mining in the area, however there would be very little impact of this project. This project places additional traffic on Kings Highway but across the highway there is very little impact. Com. Coward stated the roadway deficiencies in this project is what stands out in the project and questioned the capacity of Kings Highway and how improvements will be funded. Mr. Raines stated they would provide some dedicated right of way and there were different ways to solve this problem. They are willing to work with staff up until the day of adoption. He hoped they had provided enough information to provide a level of comfort for transmittal. Mr. Jay Maycumber, Indrio Road stated this more of the same. It is another Emerson Estates. No one has listened to the residents from North County. Mr. Bill Hammer, Reserve resident, questioned the capacity of Kings Highway today. Ms. Diana Waite, Growth Management advised Mr. Hammer the capacity for Kings Highway is 15,600 trips. It is operating at service level B today. Mr. Hammer stated it was important that the current residents do not pay for incoming development, i.e. schools, fire response, etc. concurrency is most important. Com. Craft stated he was not convinced of the added value to this county the project would provide and motioned this item be tabled until the April transmittal date, seconded by Com. Coward, and; upon roll call, motion carried unanimously. 9 5.E GROWTH MANAGEMENT (3-1843) Consider the application of the St. Lucie County Board of County Commissioners and Barbara Guettler Debus to approve the transmittal for a change in Future Land Use Designation to the Florida Department of Community Affairs for review under Chapter 163 Fla. Statutes. It was moved by Com. Craft, seconded by Com. Lewis, to approve the application and transmittal; and, upon roll call, motion carried unanimously. 5.F GROWTH MANAGEMENT (3-2885) Consider the transmittal of the Home Dynamics Corporation request for a change in Future Land Use designation from COM and RU to RM to the Florida Department of Community Affairs for further review under Chapter 163 Florida Statutes. Staff advised the Board the previous application would allow 369 dwelling units, the new application reduces it to 318. Staff has reviewed the application and found it to be consistent with the Comprehensive Plan as well as the State plan and the regional policy plan. Mr. Jonathan Ferguson, attorney for the applicant, addressed the Board on this item. Com. Coward stated the concept of change from Commercial to Residential in this area makes more sense to him. The market also dictates the same. Mr. Bill Hammer, Reserve resident, addressed the Board in favor of the transmittal and asked the Board if a packet could be available on Friday’s for the public on these types of requests. Com. Smith asked the applicant to consider placing workforce housing in the by utilizing a mixed use of housing prices. He asked them to take a look and see what they can do so that there is not just one or the other and maybe this is an issue for density, maybe it does not need to be this dense. Mr. Ferguson stated they would the comment under consideration. Com. Hutchinson requested the water districts review and sign off on this project and work out an agreement whether it be with the homeowners association or the district as to the maintenance cleaning. Com. Hutchinson asked if they would work with staff in making the lakes deep enough and give the county an easement for drainage on Edwards Road. Mr. Ferguson stated they would look at it and take it under consideration. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, motion carried unanimously. 5.G GROWTH MANAGEMENT (3-1778) Consider the petition of Armortec Concrete Plant to allow the operation of a concrete block manufacturing facility to be known as Armortec Concrete Plant in the IH Zoning District, approve Resolution No. 04-225. It was moved by Com. Coward, seconded by Com. Smith to approve Resolution No. 04- 225; and, upon roll call, motion carried unanimously. 10 5.H GROWTH MANAGEMENT (4-366) Consider the petition of Christian Fellowship Alive Ministries, Inc., Resolution No. 04- 227 for a change in zoning from RF to RS-3 zoning district. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 04- 227; and, upon roll call, motion carried unanimously. 5.I GROWTH MANAGEMENT (3-2034) Consider staff recommendation to approve Draft Resolution No. 04-226 to allow Landscaping & Horticultural Services in the AR Zoning District and including a waiver of the required 8 foot wall between the proposed use and surrounding residential uses. Mr. Stanley Klein, petitioner, addressed the Board on this issue and advised them there will only be one truck coming into the property. Mr. Herbert Beach, White City resident advised the Board he had previously seen trucks coming in and out of the property and thought this was going to be nursery selling trees and expressed his concerns with heavy equipment coming in and out and turning the area commercial. He asked the port o lets be placed to the back of the property. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 04- 226 with the deletion of the 8 ft. wall, and no on site septic facilities be placed on the property; and, upon roll call, motion carried unanimously. 5.J GROWTH MANAGEMENT (4-0526) Consider Staff recommendation to approve Draft Resolution 04-228 approving Preliminary and Final Planned Unit Development approval and a change in zoning from AR-1 Zoning District to the PUD zoning district for the project known as Ten Mile Estates. Mr. Al Brodeur, Thomas Lucido & Associates, addressed the Board on this issue. Com. Hutchinson questioned in light of Ft. Pierce following their annexation process, the PUD and the conditions we have placed it does not insure it will be followed. The County Attorney stated it does not insure the City of Ft Pierce will follow the conditions, but if we add the conditions it will send a message to the city . The PUD will stay in force and effect if approved tonight until the city annexes the property and changes its comprehensive plan and at that point the City can change its land use and zoning of the property since it will have jurisdiction over it. It was moved by Com. Craft, seconded by Com. Coward, to approve Draft Resolution 04- 228; and, upon roll call, motion carried unanimously. 6.A GROWTH MANAGEMENT (4-0952) Waterstone/Emerson Estates- Developers response on issues. Mr. Michael Houston, Houston/Cuozzo Group addressed the issues presented. Mr. Houston stated they have a variety of changes addressing the neighboring resident’s issues. They were able to increase the berm to 6 ft and increase the fence size to 6 ft. The berm is now a more useable 40 feet. The houses in this area will be one story houses not two story as previously proposed. 11 Com. Coward questioned if the opaque berm buffer was going to provide the neighbors not seeing the development on the other side. Mr. Houston stated they would eventually fill in and it would be accomplished. Com. Coward questioned in the interim and the length of time it would take. Mr. Houston stated it would happen immediately upon construction. There will be a 12ft. berm with a 6ft. fence that’s 20 ft. this is before they begin to plant the 15-20 ft. trees that will be planted on the berm. Mr. Houston stated they have stopped clearing in this location. Ms. Susie Caron, 8500 Indrio Road resident, thanked the developer and the Board for their cooperation. She still had concerns and stated she would like to have any of homes that can be seen from the backyard removed from the plan. Mr. Jay Maycumber, 8680 Indrio Road, addressed the Board and requested the developer be required to place at least a 20 ft. minimum berm. Mr. Robert Caron, 8500 Indrio Road resident, addressed the Board and stated there are still some improvements to be made. Mr. Frank Stewart, area resident, addressed the Board and stated he appreciated everyone who has been involved in this process. Mr. Evans, developer stated he would agree to work on the other areas of the site, but would like to get started on the berm. It was moved by Com. Craft, seconded by Com. Smith, to lift the work order, however the contractors are not to work on the holidays to include Christmas Eve, Christmas Day, New Years Eve, New Years Day and are to work away from the south end of the property line; and, upon roll call, motion carried unanimously. 6.B UTILITIES (5-833) Consider staff recommendation to approve the Standard Potable Water and Wastewater Development Agreement by and between St. Lucie County and Port Richey Village Investments, LLC subject to verification of capacity by FPUA. It was moved by Com. Coward, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. 7. GROWTH MANAGEMENT (5-845) Consider staff recommendation to approve the petition of Lennar Communities for a Major Site Plan approval for the construction of a 154 unit multi-family project to be known as Silver Oaks Townhomes within the RM-5 zoning district. Mr. Gary Hunter, attorney addressed the Board and stated they have agreed to the impact fees for the Fire District and the School Board. Mr. Frank Knott, area property owner, stated he did not approve of the project and any off site improvements. Mr. George Stonebreaker, Tilton Road resident, stated the area was strictly agriculture and the project was out of place. Com. Coward stated that unfortunately the county is stuck with this zoning and have no ability to deny this petition. 12 Com. Lewis concurred with Com. Coward’s comments. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, motion carried unanimously. 8. COUNTY ATTORNEY (5-1905) Consider staff recommendation to approve the Road Contribution, Construction Agreement; Agreement for Construction and Maintenance of Pond and authorize the Chairman to sign the agreement for Prima Vista Blvd.; Lennard Road . It was moved by Com. Craft, seconded by Com. Coward, to approve staff recommendation and, upon roll call; motion carried unanimously. 9. CULTURAL AFFAIRS Cultural Affairs Council Board Vacancy- Consider staff recommendation to select one appointee from the enclosed resumes. This item was pulled. UNAGENDAD Com. Hutchinson commented on the annexation issue with the City of Ft. Pierce. The County Attorney provided the process in contesting the annexation . Com. Hutchinson requested this issue be placed on the agenda of the next Board meeting. There being no further business to be brought before the Board, the meeting was adjourned. ___________________________ Chairman ____________________________ Clerk of Circuit Court 13