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HomeMy WebLinkAboutBOCC Minutes 11-29-2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 29, 2005 Convened: 6:00 p.m. Tape: 1-3 Adjourned: 10:00 p.m. Commissioners Present: Chairman, Doug Coward, Chris Craft, Frannie Hutchinson, Paula A. Lewis, Joseph Smith Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Pete Keogh, Parks and Rec. Director, Beth Ryder, Community Services Director, Don West, Public Works Director, Gil Backenstoss, Asst. Growth Management Director, Vanessa Bassey, Environmental Resources Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held November 22, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS Mr. Paul Scholl, Ft. Pierce resident, addressed the Board and advised them of his support for the FPUA water treatment plant. He stated he did not agree with the comments made by the Planning and Zoning Board and felt they were politically motivated. Mr. Scholl advised the Board of his support for the FPL coal plant and felt the Board would regret their decision to deny the petition. th Mr. John Ferrick, 25 Street resident, addressed the Board regarding the construction on th 25 St. and asked the Board to find a way to advise the public when there will be construction on a major road. Ms. Judy Gersony addressed the Board regarding Jack Island and Kings Island and presented copies of the pictures showing the affects of work done in the area . The County Administrator stated he would contact the Mosquito Control Director about the problem. 4. CONSENT AGENDA (1-464) It was moved by Com. Smith, seconded by Com. Lewis, to approve the Consent Agenda, with item C4 pulled, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 8. 2. COUNTY ATTORNEY 1 A. Resolution No. 05-458- Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-459 Extending the State of Emergency for Hurricane Jeanne - The Board approved Resolution No. 05-458 and Resolution No. 05-459. B. Resolution No. 05-460- Extending the State of Emergency for Hurricane Wilma- The Board approved Resolution No. 05-460. C. FEMA Lease Agreement- Trailer and Mobile Home storage sites at St. Lucie County Fairgrounds and St. Lucie County International Airport- The Board approved the proposed lease agreement with the United States of America for trailer and mobile home storage sites and authorized the Chairman to sign the lease agreement and related documents subject to approval by the County Attorney as to legal form and correctness. 3. PARKS AND RECREATION Modification of Equipment Request EQ06-137, EQ 06-138, EQ06-140, and cancellation of EQ06-139- The Board approved the cancellation of EQ06-139 and the revision of EQ06-137,EQ06-138 and EQ06-140. 4. UTILITIES Staff requested approval of a Work Authorization with Masteller & Moler, Inc. for engineering and surveying services related to the design and a re-pump facility in the amount of $150,000- This item was pulled. 5. COMMUNITY SERVICES Request Board approval to purchase a Ford Taurus through Florida Sheriff Association Contract C04-12-0823RO for the Community Services Office- The Board authorized the Purchasing Department to purchase the Ford Taurus . 6. GROWTH MANAGEMENT A. Request of K & J of St. Lucie County , Inc., for final plat approval for the project to be known as Pine Summit Replat No. 1 Subdivision- The Board approved the final plat of Pine Summit Replat No. 1 and authorized its final execution. B. Consider Draft Resolution No. 05-389 granting Major Site Plan approval for the project to be known as Pine Summit Commercial for property located at the southeast corner of the intersection of S. U.S. 1 and Vista Trails – The Board approved Resolution No. 05-389. REGULAR AGENDA PUBLIC HEARINGS (Item 5-E was addressed prior to item 5A-5D. 5.A GROWTH MANAGEMENT Consider the petition of Brian and Patricia Kent to define a Class A Mobile Home as a detached single family dwelling unit to be placed on 5.08 acres of land located on the west side of Glades Cut Off Road approximately 1.2 miles north of Carlton Road- Draft Resolution No. 05-392. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve Resolution No. 05-392, and; upon roll call, motion carried unanimously. 2 5.B GROWTH MANAGEMENT Consider Draft Resolution No. 05-390 granting Preliminary Planned Unit Development approval for the project to be known as Estancia PUD – Consider staff recommendation to approve Resolution No. 05-390 with 6 limiting conditions. The Planning Manager addressed the Board on this issue and reviewed the requested changes per the last Planning and Zoning meeting. thth The applicant is dedicating additional right of way for the South 25 Street, South 27 St. and Browning road that totals 1.23 acres. The applicant decided against revising the placement of the single family homes as requested by the P & Z Board, however he did agree to provide the hardened facility and replacing the wooden fence with a concrete wall. Com. Hutchinson stated the Board had requested input from the City of Ft. Pierce in order to be aware of any concerns. Quasi-Judicial- The Board disclosed not having any contact with applicant or representatives. Com. Smith stated he concurred with the City having input and suggested this item be continued until both staff members from the City and County meet and discuss issues if any. Com. Hutchinson concurred with Com. Smith’s suggestions. Com. Craft concurred with the comments made. The Asst. County Administrator advised the Board the process that has been put in place that being the City of Ft. Pierce participation as part of the County’s DRC process and in turn the county would have representation as part of their DRC process. She does not believe the City has officially appointed someone as their representative in our DRC process. The County may have asked for input and not received a response, she will need to investigate the matter. Mr. Albert Moore, attorney for the applicant requested a copy of the conditions. Com. Coward advised the attorney he had a problem with the site plan. It was moved by Com. Hutchinson, seconded by Com. Craft, to continue this item on January 17, 2006 at 6:00 p.m. or as soon thereafter as possible, and; upon roll call, motion carried unanimously. 5.C GROWTH MANAGEMENT (2-1180) Consider Draft Resolution No. 05-355 granting approval to the application of Robert Ritten for a Change in Zoning from I To RS-4- Consider staff recommendation to approve Resolution No. 05-355. Mr. Danny Rutherford representing Mr. Ritten was present to address any questions. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 05- 355, and; upon roll call, motion carried unanimously. 3 5.D GROWTH MANAGEMENT (2-1189) Consider Draft Resolution No. 05-391 granting a Change in Zoning from RM-11 to the PUD for the project to be known as Hawk’s Reserve- Consider staff recommendation to approve Resolution No. 05-391. Quasi-Judicial- The Board disclosed having met with the applicant and neighbors. Com. Coward commented on the fact that there are property rights issues that need to be acknowledged. He also advised the Board of the fact the applicant is down zoning from the existing RM11 (11 units per acre) to 5 units per acre. Mr. Jonathan Ferguson, Ruden, McCloskey Law Firm addressed the Board’s questions. Mr. George Gentile, Gentile, Holloway, made a presentation on the current site plan and addressed the concerns raised. The Project Engineer addressed the Board on the runoff /drainage questions. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 05- 391 as amended conditions to read as follows; 1. Prior to the recording of any Final Plats of the Hawk’s Reserve Planned Unit Development, the developer, his successors or assigns, shall pay to St. Lucie County the amount of $1,127,772.00 as the Road Impact Fee assessment due for this project. The payment of this fee shall permit the development of 531 total dwelling units- 165 single family lots, 126 villa units, and 240 townhouse units. In the event that any adjustments are approved to this project that changes this unit mix, provided that the total number of units does not exceed 500, the developer, his successors or assigns, shall not be responsible for any additional Road Impact Fee payments to St. Lucie County. Should any additional units or other activities be proposed in the Hawk’s Reserve Planned Unit Development that would require the payment of additional Roads Impact Fees, the fees to be assessed shall be in accordance with all adopted St. Lucie County regulations in effect at the time approval of the additional units or activities are sought. Should the Board of County Commissioners approve a Road Impact Fee adjustment less than the agreed to payment schedule described above, the above described schedule shall apply. 2. Prior to any Final Plat approval for the project, the developer, his successor or assigns, shall enter into a Road Contribution Agreement with St. Lucie County to provide certain improvements to roadways required to address this project’s impacts on St Lucie County ‘s roadway network. The Road Contribution Agreement shall include the intersection of Kings Highway and Orange Avenue. This Road Contribution Agreement will include the details about specific cases where the applicant can recover funds. 3. Turn lanes shall be provided at the following locations: a. Westbound left turn lane and eastbound right turn lane at Orange Avenue and the Project Entrance b. Westbound left turn and southbound left turn lane at Rock Road and Orange Avenue. c. Southbound left turn lane at Rock Road and the Project Entrance. These turn lanes may be bonded with a Subdivision Improvement Agreement and a Letter of Credit. 4 4. Prior to the issuance of the first Certificate of Occupancy (CO) for the proposed project, the developer, his successors or assigns, shall construct a 6 foot wide sidewalk along the project’s frontage on Orange Avenue. 5. In conjunction with the final phase plat, the developer, his successor or assigns, shall submit a Traffic Signal warrant analysis for the intersections of Rock Road and orange Avenue and the Project Entrance and Orange Avenue. The final plat shall not be recorded until such time as the County has reviewed and approved the signal warrant study including the bonding of any necessary improvements identified by the signal warrant study. 6. Prior to the issuance of the first Building Permit for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the north 46.7 feet to 50 feet of the subject property for additional right of way for Orange Avenue. The Ultimate right of way for this section of Orange Avenue is proposed to be 160 feet. This dedication would provide for 80 feet south of the Centerline and Baseline of survey as recorded in Plat Book 22, Page 16 of the public records of St. Lucie County, Florida. To the extent permitted under the County’s Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 7. Prior to the issuance of the first Building Permit for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the west 41 feet of the subject property for additional right of way for Rock Road. To the extent permitted under the County’s Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. The developer shall also be required to pave Rock Road along the western property line to St. Lucie County standards to include a 6 foot wide sidewalk along the project’s frontage prior to the issuance of the first Certificate of Occupancy (CO). 8. The developer, his successor or assigns, shall be required to see a fourth full access point, to be located on Kings Highway, in coordination with the Florida Department of Transportation (FDOT) with St. Lucie County staff participating in those discussions. St. Lucie County reserves the right to approve the final design connection. 9. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, a permit from the South Florida Water Management District allowing impacts to the 1.8 acres wetland shall be required to be provided to the Environmental Resources Department. 10. Prior to the issuance of a St. Lucie County Vegetation Removal Permit the WRAP or UMAM evaluations of the quality of the wetland and proof of purchase of the agreed upon credits from an approved St. Lucie County mitigation bank shall be submitted to the Environmental Resources Department. 11. Prior to the issuance of the first Certificate of Occupancy all exotic plant species shall be removed, tree relocations shall be complete, and restoration planting shall be installed. 12. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, the developer shall plant live oak trees in the 100 foot buffer located on the south side of the subject property consistent with a plan to be approved by the St. Lucie County Environmental Resources Department. Said buffer shall contain a 5 foot high berm with a 6 foot concrete wall located on top of the berm. The live oak trees shall be a minimum of 12 feet in height and 3 inches DBH (Diameter at Breast Height) at time of planting. Any remaining oak trees up to 2,977 inches shall be provided to the St. Lucie County nursery. 5 This 100 foot wide buffer shall be designated as a Conservation Easement to St. Lucie County and be maintained by the Hawk’s Reserve Homeowners Association. 13. Prior to Final plat approval the developer, his successors or assigns, shall submit and have approved adequate littoral planting plans to the Environmental Resources Department. 14. The developer, his successors or assigns, shall include language within the Homeowner Association documentation that the Research and Education Park is located on property adjacent to the south and west of the subject property. The language shall disclose the nature of the uses expected in the Research and Education Park and shall be approved by the County Attorney. 15. The 16 “Live Work” units located in the northeast section of the project shall be restricted to the following uses consistent with the CN (Commerical Neighborhood ) Zoning District: a. Beauty and Barber Services; b. Real Estate Services; c. Watch and Jewelry Repair; d. Retail Sale of Books and Stationary; e. Florist Shops; and, f. Retail Sale of Newspapers and Magazines. 16. Construction access to the project shall be restricted to Orange Avenue. No access shall be allowed through Picos Road. 17. The developer, his successors or assigns, shall be required to provide a Bus Stop/Transit Stop at the entrance to the project on Orange Avenue. And; upon roll call, motion carried unanimously. 5.E. GROWTH MANAGEMENT (1-480) Consider Draft Resolution No. 05-357 granting Preliminary Planned Unit Development Approval for the project to be known as River Landing- Consider staff recommendation to approve Draft Resolution No. 05-357. Quasi-Judicial - The Board members disclosed meeting and speaking with the applicant and various property owners in the area. The Environmental Resources Director advised the Board she had worked with the applicant to try and preserve as much of the sensitive areas as possible. The applicant will be preserving 88% of the hardwood forest and from this standpoint they would exceed the requirement. Mr. Hal Jurist, developer, reviewed the project. Mr. Jason Litterick, GHO & Associates, addressed the Board’s questions on the elevation of the townhouses. Mr. Albert Moore, attorney for the applicant, reviewed the site plan and the requested changes per the last meeting. He also addressed Com. Smith’s questions on the placement of the buildings north blocking the road. Com. Coward asked the petitioner if it was true they had offered to extend the buffering on the south side. 6 The petitioner stated it was true. The County Engineer advised the Board the project should not aggravate the existing flooding further and the project does meet the codes. Ms. Arlene Goodman, White City Improvement Club addressed the Board and read the following comments from the Club as noted on the Planning and Zoning meeting minutes. The White City Improvement Club met on September8, 2005. At this meeting we voted to object to the placing of 99+ townhouses just north of Midway Road on the east side of th South 25 Street, on property adjacent to the north fork of the St. Lucie River. This property is located in the floodplain. To put town houses into this area is counter productive to St. Lucie County Comprehensive Plan and the county’s Land Development Regulations. This project will not protect the health, safety and welfare of the residents. Ms. Goodman stated as a resident she stated she did not disapprove of the look of the townhouses, however, she does feel they do not belong in an area with single family homes. Mr. Doran Russell, property owner addressed the Board in objection to the two story town homes. th Mr. John Ferrick, 25 Street resident, addressed the Board and read the attached letter from the North Fork Property Owners Association. th Ms. Patricia Ferrick, 25 St. resident, addressed the Board in opposition to the PUD for 99 townhouses. She does not have a problem with the workforce housing idea, but has a problem with 3 story structures in the area. Com. Hutchinson stated one of her concerns with the fact the developer had not included drainage concerns and also the architectural design needed to be defined. The Board requested the architectural design be noted as “Florida Cracker Style Homes”. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 05- 357 to include the architectural standards to be Florida Cracker Style, and; upon roll call, the vote was as follows: Nay: Com. Hutchinson (due to her feeling this project was not compatible to the White City area), Aye’s: Smith, Lewis, Craft, Coward, motion carried by a vote of 4 to 1. There being no further business to be brought before the Board, the meeting was adjourned. _______________________ Chairman _________________________ Clerk of Circuit Court 7