HomeMy WebLinkAboutBOCC Minutes 12-02-2008
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: December 2. 2008 Convened: 6:00 p.m.
Adjourned: 11:55 p.m.
Commissioners Present: Chairman, Paula A. Lewis, Charles Grande, Doug Coward,
Chris Craft, Chris Dzadovsky
Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County
Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County
Attorney, Beth Ryder, Community Services Director, Don West, Public Works Director,
Mark Satterlee, Growth Management Director, Peter Jones, Planning Manager, Millie
Delgado-Feliciano, Deputy Clerk
I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the November 25, 2008 meeting.
It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting
held November 25, 2008, and; upon roll call, motion carried unanimously.
IV. PROCLAMATIONS/PRESENTATIONS
There are no proclamations/presentations scheduled for December 2, 2008.
V. GENERAL PUBLIC COMMENT
Mr. John Arena, area resident, addressed the Board regarding the concrete debris at Harbor
Pointe. He stated there was some bio hazard materials placed on the property.
The County Administrator advised the Board he would be contacting the Department of
Environmental Protection in the morning. He believes the DEP approves what can be placed as
an artificial reef.
VI. CONSENT AGENDA
It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent Agenda, and;
upon roll call, motion carried unanimously.
A.WARRANTS
Approve warrant list No. 9
B.COUNTY ATTORNEY
1. Bear Point Mitigation Bank – First Amendment to Credit Reservation
Agreement with Schoolhouse Partners, LLC. – The Board approved the
proposed First Amendment to the Credit Reservation Agreement with
Schoolhouse Partners, LLC. and authorized the Chairman to sign.
2. Funding request for Mental/Substance Abuse services by New Horizons
of the Treasure Coast. Funds will support housing, treatment and
services of persons who are in the criminal justice system and mentally
disabled. The objective of this funding would be to provide alternatives
to incarceration and to shorten the time required for persons who meet
criteria to enter mental health court and other case management
services – The Board authorized the County Attorney to have final
approval once the contracts are complete. The contracts will have a
retroactive start date of October 1, 2008, in compliance with services
1
rendered since the start of the 08/09 budget year.
3. Liberty Baptist Church – Corner Clip Donation – Corner Clip between
Dunn Road and Midway Road – Resolution No. 08-365 – The Board
accepted the Warranty Deed, authorized the Chairman to sign Resolution
No. 08-365 and directed staff to record the documents in the Public
Records of St. Lucie County, Florida.
4. Conservation Easement – Romanello Estates – Resolution No. 08-367 –
The Board accepted the Conservation Easement, authorized the
Chairman to sign Resolution No. 08-367 and directed staff to record the
documents in the Public Records of St. Lucie County, Florida.
C. COMMUNITY SERVICES
1. Approval of Budget Resolution No. 08-366 to budget the funds from the
State FY07 Housing Initiative Partnership (SHIP) allocation to Housing
Assistance – Discretionary and Housing Assistance – Mandatory – The
Board approved Budget Resolution No. 08-366 to budget the funds from
the State FY07 Housing Initiative Partnership (SHIP) allocation to
Housing Assistance – Discretionary and Housing Assistance.
2. Approve Budget Resolution No. 08-369 to budget funds from the Florida
Department of Transportation – The Board approved Budget Resolution
No. 08-369 to budget funds from the Florida Department of
Transportation.
D. GRANTS
1. Submittal of a funding request in the amount of $17,000 to the non-
profit Caribbean Corporation for assistance in sea turtle education
materials – The Board authorized the submittal of a funding request in
the amount of $17,000 to the non-profit Caribbean Corporation for
assistance in sea turtle education materials.
2. Acceptance of a funding award from the United States Department of
Agriculture (USDA) Natural Resources Conservation Service (NRCS)
Emergency Watershed Protection (EWP) for an amount not to exceed
$3,484,246 to pay 75% of the cost of repairing damage caused by
Tropical Storm Fay in Taylor Creek across from C-25 spillway and in
several locations around the Verada Ditch – The Board accepted the
funding award from the United States Department of Agriculture (USDA)
Natural Resources Conservation Service (NRCS) Emergency Watershed
Protection (EWP) for an amount not to exceed $3,484,246 to pay 75% of
the cost of repairing damage caused by Tropical Storm Fay in Taylor
Creek across from C-25 spillway and in several locations around the
Verada Ditch.
3. Approve Budget Amendment BA#09-004, Equipment Request number
EQ#09-017 and the contract with Jorge Blanco Sculpture, LLC., to
construct and install a permanent sculpture at the Havert L. Fenn Center
– The Board approved Budget Amendment BA#09-004, Equipment
Request number EQ#09-017 and the contract with Jorge Blanco
Sculpture, LLC., to construct and install a permanent sculpture at the
Havert L. Fenn Center.
END OF CONSENT AGENDA
VII. PUBLIC HEARINGS
A. COUNTY ATTORNEY
th
Petition for Abandonment – Petition to abandon a portion of North 15 Street
right-of-way between Barcelona Avenue and Rosarita Avenue – Resolution No.
08-348 – Consider staff recommendation to approve Resolution No. 08-348;
instruct staff to publish the final Notice of Abandonment; approve and execute
easements in favor of Fort Pierce Utilities Authority and Bell South
Telecommunications d/b/a AT&T Florida and record Resolution No. 08-348; Proof
of Publication of the Notice of Intent to Abandon, Proof of Publication of the
Notice of Public Hearing, Proof of Publication of the Notice of Abandonment,
Easements in favor of Fort Pierce Utilities Authority and Bell South
2
Telecommunications, d/b/a AT&T of Florida, in the Public Records of St. Lucie
County.
Mr. Ronald Wright, 1211 Avenue G addressed the Board in opposition to the
abandonment. He is a property in the area and felt the abandonment would
place a burden on him when he wishes to access his property. He also
believes if they close off the dirt road, he would not be able to receive
emergency services and water in case of a fire. He advised the Board he was
not notified of this abandonment.
Staff advised the Board and Mr. Wright his property lies beyond the 300 ft.
radius where property owners would be notified.
The County Administrator advised the Board and Mr. Wright they had no
intention in combining the two ponds. The reason for the request for
abandonment is for maintenance purposes.
Mr. Ozzie Wright Jr., property owner on Barcelona, addressed the Board and
stated he does not see the need to close the road. He likes the area the way it
is today. He is not sure if the county will maintain the area.
Mr. Henry McMillan area property owner addressed the Board and requested
the road not be blocked off.
The Public Works Director advised the Board it was not essential to abandon
this right of way due to the fact they could still accomplish what was intended
as far as the drainage criteria. The county had no intention on paving the road
but thought about making it part of the pond as a green area. This is a dry
retention area and they will have to mow it on a regular basis.
Com. Craft stated due to the fact there would not be a net gain for the county
in abandoning this area, he moved for denial.
Com. Coward stated he too felt it was not necessary to obtain this area to
achieve what Public Works feels is necessary. He believes it would restrict
access to those who expressed their concerns.
Com. Dzadovsky stated he understood why this was being considered for
denial and stated Paradise Park was a project he stressed needed attention
during his campaign as well as other areas in District 1. He asked the
residents from the area to assist the county in acquiring more property in the
future for drainage purposes in order to provide relief to the residents in the
area. He stated he would continue to work hard to acquire properties for this
purpose and stated he would be supporting the recommendation for denial.
It was moved by Com. Craft, seconded by Com. Coward to deny the
abandonment request, and; upon roll call, motion carried unanimously.
B. GROWTH MANAGEMENT
Petition of the Hospice Foundation of Martin and St. Lucie, Inc. for a Conditional
Use Permit and Major Site Plan to:
?Allow Medical and Health Services and Social Services in the I
(Institutional) Zoning District.
?Allow a Major Site Plan approval for a 34,662 square foot three story
counseling service center building to be known as Treasure Coast
Hospices Counseling Service Center.
?Join the already approved Minor Site Plan known as Hospice of the
Treasure Coast and Treasure Coast Hospices Counseling Service Center
under one Conditional Use Permit.
Consider staff recommendation to adopt Draft Resolution No. 08-185 granting
Conditional Use Permit and Major Site Plan approval for the project to be known
as Hospice Service Center, subject to six (6) limiting conditions to the petition of
Hospice Foundation of Martin and St. Lucie, Inc., the proposed Conditional Use
Permit to:
?Allow Medical and Health Services and Social Services in the I
(Institutional) Zoning District.
3
?Allow a Major Site Plan approval for a 34,662 square foot three story
counseling service center building to be known as Treasure Coast
Hospices Counseling Service Center.
?Join the already approved Minor Site Plan known as Hospice of the
Treasure Coast and Treasure Coast Hospices Counseling Service Center
under one Conditional Use Permit.
Mr. Louis Benson, Ceo Hospice Foundation, addressed the Board and provided a video
about the facility.
It was moved by Com. Coward, seconded by Com. Grande, to approve the petition of
the Hospice Foundation for a Conditional Use Permit and Major Site Plan, and; upon
roll call, motion carried unanimously.
C. GROWTH MANAGEMENT
Petition of Guadamonte, Inc. represented by Francisco Martin requesting a Major
Site Plan approval for the project to be known as Martin Office Building, for
property located on the north side of St. Lucie Boulevard, approximately 500 feet
west of the intersection of Hammond Road and St. Lucie Boulevard in the CG
(Commercial General) Zoning District – Draft Resolution No. 08-177 – Consider
staff recommendation to adopt Draft Resolution No. 08-177 granting Major Site
Plan approval for the project to be known as Martin Office Building, subject to 11
limiting conditions.
Com. Craft questioned the buffer between the building and the nearest resident.
Staff stated the building would be set back a minimum of 100 feet from the residential area to
the north.
Com. Craft questioned if the building could be moved further away from the residential area.
The applicant stated they had reviewed various options and felt this would be the most suitable
location for the parking spaces and also the septic facilities.
Com. Grande stated he spoke to staff regarding the same issue. He would like in the future for
these types of issues to be considered earlier, he believes a building in the middle of a property
does not make a lot of sense in this particular case.
It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve staff
recommendation , and; upon roll call, motion carried unanimously.
D. GROWTH MANAGEMENT
Petition of Guadamonte, Inc. for a Proportionate Fair Share Agreement for the
intersection improvements to Kings Highway and St. Lucie Boulevard to support
the project to be known as Martin Office Building – Consider staff
recommendation to adopt Draft Resolution No. 08-295 that grants approval top
the Proportionate Fair Share Agreement, which complies with Condition of
Approval Number 11 of Resolution No. 08-177 regarding the cost of intersection
improvements on Kings Highway to serve the project to be known as Martin
Office Building.
It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve Resolution No.
08-295, and; upon roll call, motion carried unanimously.
E. GROWTH MANAGEMENT
Dogs & Cats Forever Request for a Conditional Use Permit for a completely
enclosed kennel on an 8.6 acre (374,616 square-feet) site northeast of the
intersection of Selvitz and Devine Road to include:
?5,820 square foot building
?2 outdoor exercise areas of 7,710 and 7,842 square feet each, for use
two (2) hours out of the day
?3.3 acres of conservation easement/buffers
Consider staff recommendation to adopt Draft Resolution No. 08-237 approving a
Conditional Use Permit to operate a completely enclosed kennel northeast of the
intersection of Selvitz Road and Devine Road with eight (8) limiting conditions.
4
Mr. Harold Melville, attorney for the petitioner was present to answer any questions the Board
may have on this item.
It was moved by Com. Craft, seconded by Com. Coward to approve Resolution No. 08-
237, and; upon roll call, motion carried unanimously.
F. GROWTH MANAGEMENT
Petition of Abdul Raoof Shadani for an amendment to the Official Zoning Atlas
to change the zoning from the RF (Religious Facility) Zoning District and the
RS-3 (Residential, Single Family – 3 du/ acre) Zoning District to the PNRD
(Planned Non-Residential Development) Zoning District and for the
Preliminary/Final PNRD Site Plan approval to be known as the “Fort Pierce
Mosque.” The 18,800 square feet of building will consist of a sanctuary, social
hall, library, classrooms, kitchen, and offices – Consider staff recommendation
to approve Draft Resolution 08-187 granting approval of an amendment to the
Official Zoning Atlas to change the zoning from the RF (Religious Facility)
Zoning District and the RS-3 (Residential, Single Family – 3 du/ acre) Zoning
District to the PNRD (Planned Non-Residential Development) Zoning District
and for the Preliminary/Final PNRD Site Plan approval with thirteen (13)
limiting conditions.
Mr. Johnathan Ferguson, attorney for the petitioner addressed the Board regarding
this item. Mr. Ferguson stated he concurred with the staff and their
recommendation. He advised the Board the PNRD zoning is not being used by the
applicant to receive any waivers from the minimum standards. The applicant will be
providing over the minimum open space requirements.
The Engineer for the project addressed the Board regarding the drainage concerns
made by the residents in the area. He advised the Board the drainage has been
processed through the South Florida Water Management District requirements and
provided information how they are improving the drainage problem and not
hindering it further.
Dr. Abdul Raoof Shadani, petitioner addressed the Board and advised them of the
daily activities at the Mosque. They will be having services 5 days a week at various
times. The busiest time will be on Friday from 1pm to 3 pm or 11am to 3 pm. At any
one given time there will not be more than 25 to 50 persons at peak time service.
During the other times the estimated amount of people will be anywhere from 2 to
12.
Mr. Ferguson advised the Board they are in agreement with all the conditions with
the exception of number 5, the hours limiting services. He has requested condition 5
be eliminated. He also advised the Board the traffic impact would be minimal.
Ms. Jane Cornett, attorney for the Estates of Lawn wood, addressed the Board and
presented their concerns as to the how this project may affect the area. She advised
the Board there would several speakers presenting their information.
Mr. Kevin Payne, President of the Homeowners Association presented the attached
comments for the Board to review. He advised the Board the homes in the area are
valued in the area of $300,000 +. He advised the Board during their homeowner’s
association meeting he noticed several non-members in attendance. During this
meeting the following concerns were noted.
1.the structure is inconsistent with the look of the area
2.the size of the structure is a concern
3.the affects on the property values of the area
4.Drainage issues. The area has a drainage problem at present
Mr. Payne stated the first 5 homes in the community abut the facility and will have a
tall concrete wall within 10 feet of their homes. There is also concern regarding the
run off from this property to the county swales and then into the area.
Mr. Dave Wilbur, 3703 Tanger Place addressed the Board and requested the Board
not approve the PNRD. He believes there will be multiple problems and the size of
the structure will have a strong visual impact on this residential area.
Mr. Kevin Henderson, Evergreen Engineering, addressed the Board and presented his
comments that were provided to Ms. Cornett.
5
Mr. Tom Johnson, Johnson & Parrish of the Treasure Coast, presented his analysis of
residential home sales that are affected by external physical conditions such as
privacy/security walls, vies that include superstructures, and properties with no view
obstruction, as computed to those that are not and identifying a value differential, if
any, due to these conditions.
Com. Coward asked what could be built there today in the RF zoning or without
having this hearing but go through staff only.
The Growth Management Director stated they could build up to a 25,000 sq. ft.
building as a minor site plan. There are no open space requirements in the set back.
Com. Coward stated they would be able to build a larger structure without Board
approval. He asked if there were any codes not being met by the present application.
The Growth Management Director stated no.
Ms. Cornett addressed the drainage issue and she was not sure if the applicant could
ever get the permits. They would need to modify the permits for Lawnwood Estates
and she was not sure if could be accomplished.
Com. Coward commented on property rights being protected and also doing
everything they can to minimize impact on the neighbors.
Mr. Bill Dannahower, Ft. Pierce resident, addressed the Board in favor of the project.
He stated all requirements have been met and felt the project would be an asset to
the community and urged the Board’s approval.
Mr. David Lamos, area resident, addressed the Board and stated he did not concur
with Com. Coward’s comments and felt he was ignoring the reports given. He felt
structure would ruin the development with such a wall and structure being
constructed and believed the application should be re-thought by the Board.
A gentleman from Jensen Beach (unintelligible name given) addressed the Board and
stated in Palm Beach residences sold around a Mosque increased in value. Those who
attend services normally look to move closer to their place of worship and purchase
many homes close to the facility. He asked those present to consider that most of
those belonging to this Mosque have been residents for many years.
Ms. Denise Torre, Promenade Way area resident, addressed the Board with her
concerns regarding the traffic impact on Bell Avenue, parking and the drainage in the
area. She believes this type of structure would be out of place in the proposed area.
Com. Coward stated he cares about the community that feels they are being affected,
but he also has to consider property rights of the individual. He advised Ms. Torre
that staff requested they go through the PNRD.
The Growth Management Director they were going to rezone the RS to RF and stated
staff recommended the project go through the PNRD process due to the fact it would
give the county more control and greater safe guards for the neighborhood otherwise
it is conceivable they could have gone through the regular site plan process and she
would not have known until they broke ground.
Ms. Torre asked if a traffic study would be done. One of her concerns is how would
you get so many people out of the area at one time during an emergency.
Com. Dzadovsky requested staff advise how parking areas are designated for these
types of projects.
The Growth Management Director stated parking for religious facilities is based only
on the size of the sanctuary. The other areas are considered ancillary.
Ms. Torre stated it is much too large for the intended use. She believes “if you build it
they will come” and this is her concern with the size as well as the many sinks and
bathrooms being proposed.
Com. Coward commented on the additional buffering the applicant is providing.
6
Dr. Shariff addressed various guest ions Ms. Torre presented. He stated the
congregation they have now has been in the area for a while. Where they are
currently no one is aware they are there at their time of worship. They have no
intention on having a full time school. There would probably be Sunday school
sessions. He was also not aware they were having 14 bathrooms. He advised those
present they need to have more facilities available for those who wash their hands
and feet before going to prayer which is at a set time.
Com. Craft questioned if the building could be shifted as to how it faces.
Dr. Shariff stated the prayer has to face a certain direction, north eastern Mecca, the
sanctuary has to face this direction.
Mr. Ferguson stated they had a discussion on this issue and stated it was not
practical due to the direction they need to face when they are praying. It is not as
simple as moving the door and having them come in from another direction. There is
no difference in the location of the main entrance to a Christian Church, a Synagogue
or a Mosque in this respect and it would out of the ordinary to have the entrance at
the back of the Mosque where prayer is taking place.
Com. Grande stated he felt he needed more information. The sanctuary is on one side
and there is no entrance from the external to the back of the sanctuary. The front
entrance is under the dome. There is a central hallway to go through and then
through an internal door to get to the sanctuary. He could understand if it was non-
traditional, but there is no relationship between the main entrance and the alter.
The Architect for the project addressed the Board’s questions. The Mosque’s he has
seen are designed generally entered from the back side with the alter in the front.
Most religious facilities are designed this way.
Mr. David Slover, Promenade Way resident, addressed the Board and stated he
disagreed with the person who stated this would increase property value. He
believes an 8 foot wall and shrubs will not hide such a large structure. He believes
the project will be detrimental to their property values.
Mr. Ed Fry, 1816 Hazelwood Drive, addressed the Board and stated he would have a
direct view of whatever structure is placed on this property. He believes a structure
this size is not compatible with the neighborhood.
Mr. Steve Tierney, Promenade Way resident addressed the Board and advised those
present he accepts the fact that this is an RF zoned area and believes the PNRD
process is a good one. His only request is that prayer not be broadcasted through
loud speakers. He believes those living next to the project should have a say as to
what type of buffering they would prefer; otherwise he has no objection to the
project.
Mr. Jack Andrews, 3535 Sunrise Blvd., addressed the Board in opposition to the re-
zoning of the area and felt this project would be detrimental to his home value. He
question the on site disposal area and stated he is not aware of an approval on this
issue.
Ms. Jean Witter, 1640 Bell Avenue addressed the Board in opposition to the project
due to the size of the structure. She also addressed the need for sidewalks in the
area.
Ms. Arlene Goodman, White City resident, addressed the Board and read comments
from the North fork Property Owners Association in opposition to the project. She
also read comments from the White City Improvement Club and their objection to the
project was due to its size and stated she would not want a project this size in her
back yard.
An area Physician, (unintelligible name) and area resident for 25 years addressed the
Board and stated he believes all concerns have been addressed and is disappointed to
hear so much disapproval for the project. He advised the Board of his family’s
involvement in the community.
Mr. Rocky Bellantone- area resident addressed the Board with his concerns about
drainage and flooding in the area. He believes the structure will increase the flood
potential for the area.
7
Ms. Hope Andrews, area resident, addressed the Board in opposition to the size and
location of the project.
Ms. Nadera Mohammed, area resident, addressed everyone present and stated there
is an open forum at the Mosque and everyone is welcomed to attend and view their
activities. She would like for everyone to know her family does a lot of charity work
and they are all part of this community.
Ms. Patricia Hammer, PGA Homeowners Association and Planning and Zoning
member addressed the Board regarding the size of the project. She stated the
Planning and Zoning Board received an incomplete, incorrect plan. She has an issue
with a wall on a two way driveway. Ms. Hammer addressed what was differently
presented to the P & Z Board. She asked the Board to look at the drainage and the
compatibility to the neighborhood. She asked they look at the hours of operation
presented to the P & Z Board. She addressed the sanctuary and what was testified
by the applicant concerning this part of the building. She also stated she cannot
imagine 50 people using a facility with a septic system at the same time. She
recommended discussing decreasing the size of the project and not re-zone the top
part that is R-3.
The Engineer stated the South Florida Water Management permit issues have been
resolved up to the mitigation request. They need a contract from the mitigation
bank. They are waiting to receive approval by the Board and will move forward to get
the reservation for the water permit.
Com. Dzadovsky stated he also had some concerns with the drainage. He stated
there is a swale that runs along Sunrise and a retention area that runs near by. He
asked if they would be willing to help with an off site improvement to help with the
drainage and move excess water that may gather in the parking area.
The Engineer stated the site has been designed so that the water falls on the site and
the typography design is that 90% of the site drains down to the existing retention
area. The have redesigned the site so that it stops that immediate discharge and
actually the rate is slowed down into the lake. They would be willing to work with
the county on a solution however there are many unknown questions to be answered.
Mr. Ferguson responded to a few of the comments made. He provided a chart to staff
indicating various church sites some having much more impact in their area with no
walls and no buffers. He pointed out an option to the Board regarding the sidewalks,
the county can receive payment in lieu of the sidewalks and they can decide how they
wish to have them placed. They do not have an opinion on this issue. It is his
position that the drainage will be improved and the south Florida design standards
will insure that it is improved.
Mr. Ferguson addressed the design and the entrance of the building. With regards to
the height of the dome and towers closest to the neighbors, the exterior of the
building can be redesigned so that they can be moved to the northeast side of the
building and further away from the closest residences. They will retain the entrance
on the southwest corner. They would agree to the condition that the sanctuary
would not exceed 7,000 sq. ft. If they wished to exceed that they would need to
come back to amend the PNRD. Also they would also agree to the condition that no
external call to prayer would be permitted. He also requested condition number 5 be
deleted for the reasons stated earlier.
Com. Craft addressed his conversation with the applicant and his discussion of a
reduction of 10% in the building being considered.
The applicant stated they would be willing to work with that recommendation.
Com. Dzadovsky addressed the landscaping provision with the buffer of the wall and
asked if they could create a sloping of the landscaping so that it could deminish the
impact of the wall.
The Engineer stated there is an opportunity to do that with a couple of feet.
Com. Craft addressed the wall and asked if it was necessary to have it at the
northeast part of the property.
Mr. Ferguson stated they were not opposed to removing the wall on the northeast
side. They will defer to the Board’s judgment. This was a request from staff.
8
Com. Craft stated they could utilize the funds for the landscaping buffer.
Staff recommended obtaining a letter to that affect from the church saying they will
not have a problem with the removal of the wall on the northeast side this way the
county would be covered.
Com. Grande stated he felt this was already covered by the applicant stating the
Board could decide one way or another.
Mr. James Moses, Health Department advised the Board there is no approval for the
septic because there has not been an application submitted. According to the plan on
paper he believes it can fit, however he cannot confirm this at this point. They
cannot get a building permit without a waste water permit. There was a problem in
the beginning and they have worked it out.
Staff stated the issue with the turning lanes need not come into play since there are
no am or pm peak times.
QUASI JUDICAL
The Board members acknowledged speaking with the applicant and attending various
meetings with the residents.
He is very comfortable that this group is looking to do something positive. He
believes denying this plan would not be the end of such a facility in this area.
There is a judgment call however as to whether the proposed amendment is
inconsistent with existing land uses or would adversely affect the property value in
the area, etc. He would like to withhold saying yes until the Board sees the new plan
with all the proposed changes.
He will be voting against this plan as it is brought to the Board due to the fact he
believes it is in conflict with various sections of the Land Development Code.
Com. Dzadovsky stated he met with various residents from the area and understood
their feelings concerning building their dream homes. However, there are laws
protecting religious facility rights and no one can discriminate against certain
religious beliefs. This project has met all criteria and requirements.
The County Attorney stated there are several federal laws needed to be taken into
consideration. He related to the Board what uses they needed to look at and not set
up special criteria because they are a religious facility. He advised the Board of what
would be considered inappropriate to consider. If the Board believes they have met
the criteria then staff’s recommendation is the Board should approve the petition.
Com. Coward stated he had met with the applicant for the record. He also stated the
specific actions to deny this project at the Planning and Zoning Hearing was of
concern to him. The prudent action would have been to modify the plan rather than
attempt to stop this project. He asked if a continuance should be considered rather
than denying this project and placing it on hold for 2 years. He believes denial of this
project would be the worst thing they could do.
The Chairman reviewed the changes to be brought back before the Board:
Wall on the northeast side removed; dome and towers moved to the northeast side,
building size reduced by 10%, administrative variance provision be removed,
sanctuary not to exceed 7,000 sq. feet.
It was moved by Com. Craft, seconded by Com. Coward to continue this item on
February 3, 2009 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll
call, motion carried unanimously.
9
END OF PUBLIC HEARINGS
VIII. COUNTY ATTORNEY
Amended and Restated Interlocal Agreement for Public School Facility Planning
Consider staff recommendation to approve the revised Amended and Restated
Interlocal Agreement for Public School Facility Planning and authorize the Chairman to
sign the Agreement.
It was moved by Com. Craft, seconded by Com. Coward, to approve the revised
amended and restated interlocal agreement for Public School Facility Planning and
authorized the Chairman to sign, and; upon roll call, motion carried unanimously.
IX. ADDITION
Newberry Fields Shopping Center- Approval of Waiver of Proportionate Fair
Share Payment by the City of Ft. Pierce- Based on Board direction at the November
25, 2008 informal meeting, staff recommends that the Board authorize the County
Attorney to file the appropriate pleadings to challenge the City’s waiver of the
proportionate fair share payment. Staff also recommends that the Board adopt
Resolution No. 08-377 initiating conflict resolution and also direct staff to work with
the State of Florida Department of Community Affairs to clarify the law regarding
concurrency and proportionate fair share payments.
The County Attorney advised the Board of his discussion with city staff.
The County Administrator reviewed the tax deferment program for targeted
industries.
It was moved by Com. Grande, seconded by Com. Coward to direct the County
Attorney to file the appropriate pleadings to challenge the City’s waiver of the
proportionate fair share payment, and; upon roll call, motion carried unanimously.
It was moved by Com. Grande, seconded by Com. Coward, to adopt Resolution No.
08-377 initiating conflict resolution and also directing staff to work with the State of
Florida Department of Community Affairs to clarify the law regarding concurrency
and proportionate fair share payments, 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 the Circuit Court
10