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HomeMy WebLinkAboutBOCC Minutes 05-17-2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 17, 2005 Convened: 6:00 p.m. Tape: 1-2 Adjourned: 9:15 p.m. Commissioners Present: Chairperson, Frannie Hutchinson, Doug Coward, Paula A. Lewis, Joseph Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Mike Brillhart, Special Projects Director, Don West, Public Works Director, Ed Parker, Purchasing Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Smith, seconded by Com. Craft, to approve the minutes of the meeting held May 10, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 05-201 Proclaiming the week of May 29, 2005 through June 4, 2005 as “Hurricane Awareness Week” in St. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 05- 201, and; upon roll call, motion carried unanimously. B. An update on the Land Use Amendment Schedule was given by Michael Brillhart, Strategic and Special Projects Director. Com. Hutchinson suggested holding a workshop on the TVC to address the concerns of the public before the Public Hearing. It was the consensus of the Board to schedule a workshop on the TVC the date to be decided at the end of this meeting. C. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS (1-1761) Ms. Jean Hearn, Indrio resident, addressed her concerns with density increases. She is not asking for a moratorium, but is requesting the Board consider no increase in densities. Mr. Philip Stickles, area resident addressed the Board regarding the Carlton Road rock mine. Dickerson had applied for the permit and it was denied by the Board. The company is presently holding meetings and he is aware of their intention that they will be coming back to the Board. The County Attorney stated if they request a conditional use, the 2 year waiting period of a denial does not apply. Mr. Richard Shelner, area resident, addressed the Board regarding the dust that is lifted on Carlton Road by many trucks and vehicles. The dust makes visibility impossible and hazardous. 1 Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the noise made by motorcycles and how it’s affects on residents and small children. Ms. Arlene Goodman, White City resident, thanked the Board for their consideration in having dual meetings on the Comp Plan amendments. Com. Coward addressed the sand mine concerns and stated he would not approve the request for a sand mine on Carlton Road. It is his opinion this is an inappropriate location for the sand mine. Com. Craft stated he does not agree with the location of the sand mine request and stands firm in his opposition. The planning staff advised the Board the applicant has not brought forward a second request for submission. 4. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Smith, to approve the Consent Agenda, as amended, to include CA-1, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 33. 2. COUNTY ATTORNEY A. Resolution No. 05-205 Extending the State of Emergency for Hurricane Frances and Resolution No. 05-206 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-205 and Resolution No. 05-206. B. Revocable License Agreement- Southern Eagle Distributing Inc.,- The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed Southern Eagle Distributing Inc., to record the document in the Public Records of St. Lucie County, Florida. 3. ADMINISTRATION A. Board of County Commissioners Meeting schedule changes- The Board approved the changes to the BCC meeting schedule for 2005. B. The Board ratified Com. Smith’s appointment of Todd Bevans to serve on the Investment Committee. C. The Board ratified Com. Lewis’ appointment of Mr. McBee to the Citizens Budget Development Committee. D. The Board ratified Com. Hutchinson’s appointment of Ms. Boltersdorf to the Bicycle/Pedestrian Advisory Committee. 4. CENTRAL SERVICES Establishment of River Park Marina Grant Fund from Florida Boating Improvement Program- Resolution No. 05-189- The Board approved Resolution No. 05-189 to establish a grant fund in the amount of $150,000 to assist with the development of the River Park Marina project. 2 5. GROWTH MANAGEMENT A. Consider Draft Resolution No. 05-138 granting Major Site Plan approval for the project to be known as Sunrise Lake Estates Subdivision for property located on the west side of Sunrise Blvd., approximately ¼ mile north of West Midway Road and ¼ mile south of Weatherbee Road- The Board approved Resolution No. 05-138, B. The Board approved Draft Resolution No. 05-142 amending the legal description contained within Resolution No. 05-008 which granted Preliminary and Final Planned Development Site Plan Approval for the Project to be known as Celebration Pointe. C. The Board approved adding two new position titles, Mapping Technicians to the Growth Management Department in the FY05 Budget effective May 10, 2005. 6. PARKS AND RECREATION Purchase of a Pump for the Paradise Park Pool- The Board approved Budget Amendment No. BA05-134 and Equipment Request No. EQ05-328 to purchase the aquatic pump for the Paradise Park Pool at a cost of $4,200.00. 7. PUBLIC WORKS Change Order No. 2 in the amount of $8,045.91- The Board approved and authorized the Chairman to sign Change Order No. 2 in the amount of $8,045.91 for the Selvitz Road and NSLRWCD Canal 100 Emergency Culvert Replacement project. 8. GRANTS A. Submittal of Transportation Enhancement Grant Application- The Board authorized the submittal of the Transportation Enhancement Grant application to the Florida Department of Transportation for FY 2008/009 funds to assist in the design and construction of landscape, irrigation and lighting enhancements to the proposed Walton Road improvement project. B. Accept grant in the amount of $5,000- The Board approved accepting the grant from the Caribbean Conservation Corporation Sea Turtle Grant program to be utilized to assist the development of an educational exhibit at the St. Lucie County Marine Center and authorized the Chairman to sign the grant contract. 9. PURCHASING A. Fixed Asset Inventory- Property Record Removal - The Board approved the removal of the records from the fixed asset inventory and approved advertising for bids for the sale of two case 721 C loaders. B. Permission to advertise a request for proposals from Facilities Space Needs- The Board approved advertising for an RFP for Facilities Space Needs. C. Bid No. 05-049- River Park marina Restrooms- Bid Withdrawl- The Board approved accepting the withdrawl request, and authorized the return of 5% bid security and approved permission to re-advertise. 3 D. Fixed Asset Inventory- Property Record Removal- The Board authorized staff to remove the records from the fixed asset inventory of the Board of County Commissioners and authorized they be sold at the County auction. E. Fixed Asset Inventory- The Board approved the transfer of trucks to the St. Lucie County Health Department. 10. COMMUNITY SERVICES Permission to advertise a RFP for the administration of the Florida Community Development Block Grant program Disaster Recovery Initiative Application- The Board granted permission to advertise for a RFP for the administration of the Florida Community Development Block Grant Program Disaster Recovery Initiative application. CA-1 ADMINISTRATION The Board approved the BCC meeting schedule change for July 12, 2005 to convene at 2pm-4pm, recess and reconvene at 6pm. REGULAR AGENDA PUBLIC HEARINGS 5.A GROWTH MANAGEMENT (1-1928) First Public Hearing on Draft Ordinance No. 05-113 Research and Education Park Overlay Zone- No action necessary at this time. A second and final public hearing will take place on July 12, 2005 . Com. Coward questioned when the Master Plan would be completed. Mr. Brillhart stated it would be completed sometime in July, 2005. Com. Coward requested the Master Plan be completed before the overlay comes forward for action. He would like land use planning first and asked the Master Plan as well as the overlay issue be brought to the Board together on July 12, 2005 if in fact the Master Plan can be completed by that date. Mr. Brillhart stated he thought the Master Plan could be completed by July 12, 2005. Com. Hutchinson stated she did not see a problem with what was being done at this point and felt the overlay zone is going to be crucial and could provide some guidance. Com. Coward stated he concurred but it was the sequence and it was only his preference to sequence this better so that they could have the Master Plan completed. He felt they should have some discussions on the land use and have some planning. No action necessary- The second public hearing will be heard on July 12, 2005 at 6:00p.m. or as soon thereafter as the item may be heard. 5B. GROWTH MANAGEMENT (1-2456) Application of Kenneth Palestrant, for a Change in Zoning from the AR-1 to the CO zoning district- Consider staff recommendation to adopt Draft Resolution No. 05-141 granting approval of Kenneth Palestrant’s request for a change in zoning from the AR-1 Zoning District to the CO. Mr. Richard Snead, attorney for the petitioner, addressed the Board on this issue. Ms. Arlene Goodman, White City resident, questioned 4 buildings being placed on 2 acres. She felt it may look like a “mish mash” and would like some definition as to what 4 it would look like. She is not in opposition but would like to know what the Board would permit on the property. There does not seem to be much objection from those in the area. Mr. Patrick Angle, 4120 Christianson Road, addressed the Board and stated his opposition to the project and 4 buildings being placed on 2 acres. He also addressed the road and the traffic in the area. Com. Coward stated he had mixed feelings about this and believes this is a single family neighborhood and four buildings on the site is quite intense. The fact that they are requesting a straight zoning rather than a PNRD does not give him a comfort level. He believes it would take a PNRD for him to approve this proposal. Mr. Snead addressed Com. Coward’s comments and stated they could not do a PNRD under the time constraints of their contract to purchase the property. He has plead his clients case in good faith and they are willing to go into an agreement with the County even though they are not going with a PNRD they would in affect stipulate the site plan must be approved by the County and whatever requirements the County would have they would agree to. He felt they have gone the extra mile in good faith. Mr. Snead stated, “ in the real world a person cannot purchase property without having the approval of what they are attempting to place on the property”. Without the approval, they cannot consummate the transaction. Com. Craft stated he does not believe this is a residential area, but it is a transitional area. Mr. Snead advised Com. Craft they would agree to amend the petition and convert the petition to a PNRD, however, they do not wish to start over. Com. Coward stated the issue is how do we accommodate a proposal that negatively affect the area neighbors. He believes the PNRD allows them to address the intensity of the development on the site. The County Attorney stated the PNRD and PUD have certain requirements and require separate public hearings. There has to be a detailed site plan submitted at the same time you are approving the site plan. This would need to be advertised. Com. Lewis stated she was looking for some way to make this work. She cannot see residential development on this corner. Dr. Palestrant addressed the Board on his request and the need for the facility. He stated his intention was to place a 5,000 sq. ft. building on the southwest corner for Urgent Medical Care. He is willing to accommodate with what needs to be done with certain constraints due to the contract. The other remaining square footage will be open for professional office space. Unidentified resident, asked the Board to hold the petitioner the site plan. She believes it may be a good project, however, the rules apply to everyone. Com. Lewis stated she still held the position where she could not see residential on this corner and is aware the Land Development Code has provisions for separation between residential and non- residential uses. The petitioner has given reassurances and the fact they are going through review with staff and the fact are willing to protect some trees makes her inclined to be in support of the rezoning. It was moved by Com. Lewis, to approve the project for the reasons as so stated above, motion died for lack of second. Mr. Snead advised the Chairman he was ready to make a motion when she gets to a point. Com. Hutchinson stated she concurred with Com. Lewis due to the fact it is corridor going through a transition and it will be four laned. She also agrees that residential does not belong in this area and the Land Development Code helps alleviate the separation 5 between business and residential. She has faith in that and that staff is well aware of the Board’s concerns. Com. Craft stated, it is a transitional area and the Board needs more control over what happens. Com. Coward stated, “ anytime you have a residential use near a commercial area you need to look at it .” He agrees that this is not going to be single family homes, but he does not want to open the door for maximum commercial development on that site as per the zoning. He believes the PNRD gives them the opportunity to have limited commercial there and to look closely at the buffering. He would be in support of a PNRD but would not support a straight zoning. Mr. Snead asked if he could get a consolidation of the petitions so that they would not have to re-file and it could be republished as a PNRD at the county’s earliest opportunity. They would follow the requirements he believes are being followed with the site plan application. He would be able to go back to the seller and advise him as to what they are doing. This would bring certainty to the seller. Com. Craft stated he would support this but was not sure how they could do this. Com. Hutchinson asked for everyone to look at what would be permitted with the re- zoning, commercial office is basically what is there right now. Com. Smith questioned that if in fact the situation was, when the applicant signed on the dotted line and made the contingency that within sixty days the Board would be able to give them a zoning and if they received that zoning then they could purchase the property or was it the seller saying they would only sell it to them if they had the zoning? Mr. Snead stated the seller does not care, it is a combination of results in a contractual relationship. They want to buy the property and place a medical practice and other professional offices on the property and in order to do this they need a zoning change. He stated this was their motivation and the seller motivation was they only had a window to do it in, the window being x number of days. Com. Smith stated it amazed him in seeing the name of the seller, its representative should have known better. Mr. Snead stated he knew who he was and they worked well together. He understands the constraints they put them under and this is why he tried to achieve the goals of satisfying Com. Craft and Com. Coward due to the political boundaries. Com. Smith stated to Mr. Snead that he is not trying to satisfy two Commissioners but in fact the entire Board. Mr. Snead stated he was sorry if he felt slighted. Com. Smith stated he was not being slighted, the fact was he needed three Commissioners votes to win. Mr. Snead remarked, “no kidding”. Com. Smith stated his point was that he was not willing to support it. It was moved by Com. Smith deny this project, Mr. Snead stated they wished to withdraw the petition if he was going to have this type of hostility. He stated he is trying to achieve a goal and asked the County Attorney to advise him how to go about the re-publication. The Chairperson requested Mr. Snead not comment at this point since there was a vote on the table. 6 Com. Coward advised Mr. Snead that he had lost his support to try and work with the applicant because of his attitude toward the Board. Mr. Snead stated he has requested to withdraw the petition and not have it heard at this time, Com. Coward seconded the motion to deny made by Com. Smith, Com. Coward stated his reason being, “the intensity of commercial activity in a residential area is his primary concern and if they were to do a PNRD it would give them some comfort to look at those issues and since he was having difficulty in trying to have a meaningful conversation with Mr. Snead, he would not be supporting the application. Com. Smith concurred with Com. Coward’s comments. Com. Lewis stated that if this had been straight general commercial, she would not have supported it, however, she felt commercial office was appropriate. Mr. Snead advised the Chairperson that he had requested the petition be withdrawn before they made the vote. The County Attorney stated it is required that they have Board concurrence on the request to withdraw since it has been advertised. Com. Smith stated his motion stands, as did Com. Cowards second, upon roll call, the vote was as follows: Nay’s: Hutchinson, Lewis, Aye’s: Coward, Smith, Craft; motion to deny carried by a vote of 3 to 2. 5.C GROWTH MANAGEMENT (2-1169) Draft Resolution No. 05-139 conditional use permit to allow the operation of a Family Residential Home within a 1,000 foot radius of another such Family Residential Home in the RS-4 zoning district for property located on Anderson Avenue. It was moved by Com. Coward, seconded by Com. Craft, to approve Draft Resolution No. 05-139 subject to one limiting condition, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT Board consideration of options regarding the implementation of neighborhood planning efforts through the Growth Management Department. These options were prepared as a means to assist in managing future development in high growth areas. Staff requested direction. Com. Coward stated he did not know what type of direction to give staff except flexibility. The Asst. County Administrator stated she concurred with the flexibility remaining in place and asked the Board’s concurrence to move forward with Jenkins Road planning effort but asked the Board’s concurrency in not kicking off this effort until some time towards the end of June. They need to look at other developments in the pipeline and also look at the staffing issue. Com. Coward addressed this issue and stated they should take the lead get an outside consultant to assist and then invite Ft. Pierce to participate with the County. Com. Coward concurred with options two and three, with three taking the lead. Com. Hutchinson stated she concurred and did not want to wait for Ft. Pierce since they have their own charrette to deal with. 7 Waive two year period- Public hearing on applicant’s formal request to waive the two year waiting period requirements for the resubmitted of their denied PUD regarding the proposed Jenkins Road South PUD. Staff requesting direction from the Board. Mr. Albert Moore, attorney for the applicant addressed the Board on this issue. Mr. Jay Maycumber, addressed the Board and asked they keep the 2 year waiting period in effect for this petitioner. Mr. Craig Mundt, North Hutchinson Island, addressed the Board and questioned the fairness to the other future applicants. He stated this may set a bad precedent. Mr. Bill Hammer, Reserve resident, addressed the Board in opposition to waiving the two year waiting period and felt it would set a precedent. It was moved by Com. Lewis, seconded by Com. Smith, to approve waiving the two year waiting requirement and to return with the PUD application, after the neighborhood plan is complete, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS 6. COUNTY ATTORNEY Resolution No. 05-210- Extend Maturity Date for Improvement Revenue Note, Series 2004 (Land Acquisition) to July 1, 2005- Consider staff recommendation to approve Resolution No. 05-210 as drafted. It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 05- 210, and; upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY Resolution No. 05-222- Delegating Award of County’s State Revenue Sharing Improvement Revenue Bonds, Series 2005- Consider staff recommendation to approve Resolution No. 05-222. It was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 05- 222, and; upon roll call, motion carried unanimously. 8. COUNTY ATTORNEY Resolution No. 05-221- Delegating Award of County’s Ales Tax Refunding and Improvement Revenue Bonds, Series 2005- Consider staff recommendation to approve Resolution No. 05-221 as drafted. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 05- 221, and; upon roll call, motion carried unanimously. BOARD DISCUSSION The County Administrator addressed legislative requests i.e. a new EOC Center and other items. The County Administrator has drafted a letter to the Governor from the Board discussing each project and their funding and asking the Governor not to veto the projects. It was the consensus of the Board to move forward. 8 Com. Smith commented on a meeting he attended with the County Administrator in the City of Port St. Lucie regarding impact fees. They are looking to speak with the rest of the Board before June 20, 2005 to discuss impact fees and other topics. It was the consensus of the Board to schedule a workshop for June 6, 2005 in the afternoon with the City of Port St. Lucie regarding impact fees. Times to be advised. It was the consensus of the Board to schedule a workshop for June 13, 2005 for the Towns, Villages and Countryside discussion from 4pm-6pm. There being no further business to be brought before the Board, the meeting was adjourned. _______________________ Chairman ______________________ Clerk of Circuit Court 9