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HomeMy WebLinkAboutBOCC Minutes 03-21-2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 21, 2006 Convened: 6:00 p.m. Tape: 1-3 Adjourned: 11:43 p.m. Commissioners Present: Chairman, Doug Coward, Chris Craft, Joseph Smith, Paula A. Lewis, Frannie Hutchinson Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Robert Nix, Growth Management Director, Hank Flores, Planning Manager, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES (1-024) It was moved by Com. Hutchinson, seconded by Com. Craft, to approve the minutes of the meeting held March 14, 2006, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.Resolution No. 06-098- Proclaiming March 25, 2006 through March 26, 2006 as “Wings ‘N Wheels Air, Military and Vehicle Show Weekend” in St. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 06- 098, and; upon roll call motion carried unanimously. 3.GENERAL PUBLIC COMMENTS Mr. Bill McKinney, Queens Cove, resident, addressed the Board regarding the need for crosswalks and turning lanes on A-1-A. He advised the Board that he was informed of a inspection report that was completed in 2005 and was not able to receive a copy. He asked for the Board’s assistance. Mr. & Mrs. Richard Allison, Jackson Way residents addressed the Board regarding the noise and the dust from the hurricane repair work on the impoundments in their area. Mr. Craig Mundt, Hutchinson Island resident, advised the Board he had contacted the Mosquito Control Department regarding the Allison’s issue and he was informed that this work would be completed by the end of the month. Mr. John Arena, Ft. Pierce addressed the Board regarding the wells and the sprinkler systems that decrease the water levels in the county. Mr. Craig Mundt, Hutchinson Island resident addressed the Board regarding the water main break in the area and the fact the residents were not able to be informed of the water boil requirement over the weekend and asked the media be given ample time to advise those affected. Mr. Ed McIntosh, Nettles Island representative addressed the Board regarding the tax base on the island and the difficulty the residents and non residents are having in being able to afford the new property taxes. He requested the Board roll back the millage rate to offset capital growth in the county. Mr. McIntosh submitted letters from the residents and also a proposal sent to the legislature as well as examples of the increase in taxable values of their properties. 1 4.CONSENT AGENDA (1-003) It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the Consent Agenda with item C4-A pulled, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 24. 2.COUNTY ATTORNEY Resolution No. 06-099 extending the State of Emergency for Hurricane Wilma- The Board approved Resolution No. 06-099 and authorized the Chairman to sign. 3.PUBLIC WORKS A.Engineering Division- Gray Twig MSBU and final payment in the amount of $67,239.20 to be made to Felix Associates LLC- The Board accepted the Grey Twig MSBU and final payment in the amount of $67,239.20 and authorized the Chairman to sign. B.Engineering Division- The Board approved Amendment No. 4 to Work Authorization No. 8 to the Agreement with Culpepper and Terpening, Inc., in the amount of $18,310.00. 4.PURCHASING A.This item was pulled B.Work Authorization No. 8 to Contract No. C03-02-269 with Kimley Horn & Associates for the planning and engineering services associated with the permitting and construction of two softball fields and one baseball field and associated facilities at the Lawnwood Recreation Complex- The Board approved Work Authorization No. 8 to Contract No. C03-02-269 with Kimley Horn & Associates for the total amount of $74,300.00 and authorized the Chairman to sign the Amendment as prepared by the County Attorney. C.Approval of Hurricane Related Purchases- The Board approved the list of hurricane related purchases. 5.GRANTS Authorize the submittal of a grant application to the FIND for $258,300 to be utilized for design, engineering, and permitting of South Causeway Park shoreline restoration and park improvements, also the Board is requested to approve Resolution No. 06-100 which is necessary to complete the application- The Board authorized the submittal of the grant application and approved Resolution No. 06-100. 6.AIRPORT Request for authorization to demolish two derelict buildings at the St. Lucie County International Airport- The Board authorized the expenditure from the Airport Department Operating Budget for Grounds Maintenance in the amount of $12,999.00 and authorized LEB Demolition (Contract No. C02-09-637) to demolish the buildings at 4281 Taylor Dairy Road and 4300 Taylor Dairy Road at the St. Lucie County International Airport. REGULAR AGENDA PUBLIC HEARINGS 2 5.A GROWTH MANAGEMENT (1-121) Consider Draft Resolution No. 06-009 granting a Change in zoning from the RS-3 zoning district to the PUD zoning district (Whispering Oaks) and Preliminary and Final Planned Unit Development Site Plan approval for the project located on the east side of South Jenkins Road- Consider staff recommendation to approve Resolution No. 06-009 subject to 15 limiting conditions. The Board was advised the City of Ft. Pierce had requested this item be continued . th The Board expressed their concerns with the City ‘s request at the 11 hour. Com. Coward addressed the last minute request made by the City and stated he felt the City had ample time to review this item since the information was sent to them approximately 3 months prior to today’s meeting. He felt they should not hold up a developer who has gone through a lengthy process and stated he was not inclined to postpone this issue further. However, he would honor the Board’s decision to continue if they request to do so. Mr. Jonathan Ferguson, attorney for the applicant addressed the Board and asked the decision on continuance be held off until they made their presentation. It was the consensus of the Board to hear the applicant’s presentation. The Board members advised those present of their contact with the applicant and the homeowners in the area.-Quasi Judicial Ms. Julia Scheuchek, representing the applicant and introducing the site plan addressed the Board regarding the changes requested by the Planning and Zoning Board and the residents. Mr. John Schmidt, Landscape Architect representing the applicant reviewed the landscape and vegetation plan for the project. Mr. Ferguson addressed the hours of operation and asked if the was to be a requirement that he would prefer it be handled in a countywide manner through the Land Development Code for all contractors and asked it not be included as part of the PUD. He requested there be no restrictions on single family lots i.e. one or two stories. He also addressed the chain link fence and the idea the black color will disappear after the vegetation is planted. Mr. Tom Gladwyn, area resident, addressed the Board and stated the P & Z Board asked the developer to move the townshouses and they did, close to his area. He suggested moving the units to the area of the lake. Mr. Dan Robertson, Vista Court resident addressed the Board and asked a privacy wall be provided and stated he would not have a problem working the applicant. Mr. Chris Langel and Betty Langel area resident addressed the Board and stated they believe the City of Ft. Pierce had some valid points and they should be given the opportunity to review this application. The question as to whether a school had bee proposed for the area was asked and the fact the Board should consider the traffic issue when this school is completed. Com. Smith stated the affirmative a school had been planned for the area. The Planning Manager stated the school construction was to begin in June or July. Com. Craft stated they cannot anticipate trips that are not already on the road. 3 Mr. Pat Langel, Jenkins Road, addressed the Board regarding the road study and asked when the roads would actually be built.. Com. Coward addressed Mr. Langel’s questions regarding the road and meeting concurrency. He stated he cannot venture a date for the roadways since they would be pooling the resources from other future developments in the surrounding areas. They are asking for contributions to assist with long term traffic impacts as well. Mr. Ray Perez, adjacent property owner, addressed the Board and asked his property be restored where the Australian Pines were removed, before they are permitted to start the project. He stated if 2 story homes are to be built, he would like to see a wall. Com. Coward asked Mr. Perez, if he would be inclined to let the developer to do more wide spread vegetation on the eastern property line to improve the buffer. Mr. Perez said “yes”. Ms. Allana Robertson, area resident, addressed the Board and stated the developer stated they would not place two story homes near her property. She expressed her concerns with her property line and what they may do to her property. She would prefer not having the developer working all day on Saturday and stated 6:00 a.m. is too early to begin working in the area. Mr. Ferguson addressed the residents concerns. He stated moving the lake may be a problem. Mr. Mike Scora, PH Building Group, Engineer for project, addressed the Board regarding the movement of the lake. Com. Coward requested the possibility of moving the lake and the units be considered by the time this plan comes back to the Board. He is most concerned about multi family up against single family homes. This is one of his biggest issues. Com. Hutchinson expressed her concern with moving the lake and if the residents understand that by moving the lake, it is more open space and cannot be landscaped to same degree in thickness. Com. Coward stated he was asking the configuration of the units be changed not the quantity. Com. Coward asked for a consensus on the lake reconfiguration. Com. Smith asked if they can take one building away and reconfigure that last building on the south to another orientation. Com. Coward stated this was a good suggestion. Com. Craft stated this was a good idea. Mr. Ferguson stated you will 6-8 units looking into the neighbors. You may lose some privacy and this is why they were placed this way on the north side. Com. Coward stated there are three Board members who agree that the existing plan in that area is not going to work, and we will need to work out increasing the buffer one way or another relocate the building or look at a more aggressive idea of relocating the lake. Mr. Ferguson stated regarding the Vista View the idea with a fence you do not stop the drainage in the area but will assist in the drainage. They will either put a wall or a fence whatever the Board directs, however the wall cannot be placed on the property line it would need to be offset per Code. 4 Mr. Ferguson stated regarding the one /two story issue is an issue of fairness and they feel two story buildings are not incompatible with one story buildings. Com. Coward stated if they wanted to have two stories they would need to push it back from the property line. Com. Craft alluded to another project where the residents were asking for the same thing and they did not limit that property and this has a greater set back than that project did. Com. Coward stated he sees this as a different issue, one was a RS3 zoning and one is a PUD and there is a difference is lot sizes. Com. Craft stated we can ask the applicant to build one story but do not have the ability to force them to do so. Com. Coward disagreed. The County Attorney stated the Board does not have an obligation to approve the site plan as it is (PUD) the Board has more flexibility in a PUD to attach conditions and issues such as compatibility. Mr. Ferguson stated all the properties on New Vista have the are RS-3 and have a 15 ft. rear yard set back and there is no restriction on them going two story but he understands Com. Coward’s concerns. Com. Coward asked if a 25 ft. setback on a 2 story structure sufficient. The Growth Management Director stated in the RS-3 the lots are larger even though they have the 15 ft. setbacks requirements in this case the lots are smaller. Com. Smith suggested deed restrictions on those 10 or 15 homes to be one story. Mr. Ferguson sated he is getting the impression they will have some time after this meeting to meet and come back with proposals. Com. Lewis asked if there was more than one resident who wanted a wall. No one came forward. Mr. Ferguson stated upon consultation with the applicant, he stated the applicant is willing to commit to limit the 18 single family lots, the 5 lost that are adjoining the New Vista property and 13 lots adjoining Mr. Perez’s property to single story for those lots and will commit to reconfiguring the multi family in the Sheet 3 are to increase the buffer to 200 feet to address the concerns and looking for direction on the fence issue on the north side and will move the fence along the Langels’s 30 feet in from the property line and direction on the hours of operation. Com. Coward also clarified also the additional buffering for Mr. Perez should he require it. Mr. Ferguson concurred. Com. Hutchinson also requested the replanting for Mr. Perez be completed before any building commences. The Ferguson stated he does not have a problem with this request however an agreement has not been agreed upon with Mr. Perez at this point. Com. Hutchinson stated she wanted the replanting completed before any building. Mr. Ferguson concurred. 5 Com. Smith proposed the hours of operation be Monday-Friday 7am-6pm and Saturday 8am-4pm. Com. Coward suggested granting preliminary approval tonight based on the changes made tonight . Com. Smith stated he was not comfortable with not being able to recognize what he is looking at as far as the elevation question and until he can get comfortable with this issue he is not prepared to move forward with this issue. Com. Coward stated he felt the developer has made significant concessions tonight and would like to at least reach an agreement in concept. He believes it is unfair to receive a letter from the City at the last minute after 3 months and felt it was not fair to stop an applicant who has been in the process since August, 2004 . If they did preliminary approval and in fact this project exceeds their codes and receive input from the City prior to final approval, there where he is leading tonight. Com. Hutchinson stated the Board has worked diligently tonight with the applicant as well as the public to get the best product possible. The City of Ft .Pierce issues are a lot broader than what this applicant should be responsible to discuss a policy issue on. Their concerns are very vague and various issues the density on how it will affect traffic issue is not mentioned in the City’s letter. Com. Leis stated she would be voting in favor noting Ft. Pierce was firs notified of this project September 16, 2004 and this is what had weighed in her decision Mr. Ferguson reiterated his understanding of the changes to be: The rezoning to PUDR, the preliminary site plan based on what was presented with the changes that were discussed tonight to be reflected in a final site plan and also they had requested a Certificate of Occupancy with right to continue and this would be approved tonight as well. The only ting not approved tonight is a final site plan which will come back at a later date. Com. Lewis questioned the hours of operations. Com. Coward asked staff to hammer that out before the final. The Growth Management Director stated he believed they should not be signing off on a Certificate of Occupancy until the plan is actually is approved. The County Attorney concurred. Com. Coward noted this was not part of the original motion. The Applicant concurred. It was moved by Com. Hutchinson, seconded by Com. Lewis to move forward with a preliminary approval with all the concessions mentioned to come back with the final, and; upon roll call, the vote was as follows: Nay: Craft, Smith; Aye’s: Lewis, Hutchinson, Coward, motion carried by a vote of 3 to 2. 5.B GROWTH MANAGEMENT (3-120) Consider Resolution No. 06-051 granting Paparone Homes of Florida Inc. Final Planned Unit Development Site Plan approval for the Residential project known as Sunnyland Farms PUD and a change in zoning from AG-1 to the PUD zoning district. Com. Coward questioned if they would be able to add the language as presented by Ms. Mott regarding the native habitat preservation needed of 34.36 acres and should be placed as a conservation easement and if there would be ample space available for the school. 6 Ms. Bassey, Environmental Resources Division, stated without an exact boundary survey of where the school will be she cannot say whether or not it will only impact 0.85 acres. Mr. Bob Raines, attorney for the applicant, addressed the Board on this project and stated they are in agreement with staff. He also stated it was not until later the school board came and requested a site after they had their site plan already laid out and had been through a number of processes and review. They agreed that in some point in time they would be willing to grant 10 acres of a portion of the property but they do not know where the 10 acres will be. Mr. Raines requested the term on page 7 of the Resolution and “ upland habitat” be eliminated and the next sentence, line 48 be stricken. Staff did not recommend striking that line. Com. Coward suggested identify the habitat most valuable on the west side say its going to be preserved and allow the School Board to work with the applicant on the remaining area which one they want. Identify the 34.36 acres in stone and say those are not to be impacted and not available to the School Board. Mr. Raines stated maybe they should go back to the original language . Com. Coward stated they would add language saying they encourage the School Board to have some type of environmental friendly design and would county towards the minimum standards. Staff stated this was how it was written. The Growth Management Director recommended the changes are simple: There is excess open space on the property and if the school site comes from the open space it will meet the standards per staff. He recommended on page 7 line 42 of the resolution “the site will be donated not withstanding the fact that such a donation would result in a reduction of open space and upland habitat acres , he suggested eliminating the phrase “and upland habitat “ from the sentence and this should cover it. Mr. Raines asked the word “Sunnyland “be placed on line 48 in the sentence. The Board members advised those present they had contact with the applicant.- Quasi Judicial. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve staff recommendation with the exception number 6 of conditions that we strike, on line 42 “and upland habitat “ and line 48 that we add “Sunnyland “ between these and site” and; upon roll call, motion carried unanimously. 5.C COUNTY ATTORNEY (31141) Petition for Abandonment- Abandon 55 feet of a deeded portion of right of way known as th South 7 Street- Resolution No. 06-101- Consider staff recommendation to continue this Public Hearing to April 18, 2006 at 6:00 p.m. or as soon thereafter as possible. It was moved by Com. Smith, seconded by Com. Lewis, to continue this public hearing for April 18, 2006 at 6:00 p.m. or as soon thereafter as possible, and; upon roll call, motion carried unanimously. 5.D COUNTY ATTORNEY (3-1191) Ordinance No. 06-012 Stop Gap Ordinance - This is the first of two public hearings. No action required at this time. Com. Hutchinson requested it be known she objected. 7 5.E COUNTY ATTORNEY (3-1235) Ordinance No, 06-011 Deleting Property Described from Ordinance No. 2005-016 (Stop Gap) Ordinance- This is the first of two public hearings, not action is required at this time. Com. Coward stated he would not vote until the applicant can show the plan is consistent with the TVC Plan. Mr. Brillhart, Special Projects Manger stated he sent a copy of the request and site plan to the Treasure Coast Regional Planning Council. As of this date he is not sure if the particular items of concerns had been addressed. Mr. Dennis Murphy, Culpepper and Terpening addressed the Board and stated he was asking for the ability to come forward in the future to present the plan. It was the consensus of the Board to move forward for the second hearing. The County Attorney would like the plan in advance to send a copy to the Regional Planning Council. 6. ADMINISTRATION (3-1576) Department of Homeland Security National Bio and Agro Defense Facility: Notice of Request for Expression of Interest for Sites for the NBAF - Staff is requesting authorization to issue an expression of interest as a potential site for the NBAF. It was moved by Com. Smith, seconded by Com. Craft, to approve staff’s request, and; upon roll call, motion carried unanimously. 7.COUNTY ATTORNEY (3-1120) Sunnyland Farms PUD – Road Contribution and Construction Agreement- Consider staff recommendation to approve the Agreement and authorize the Chairman to sign the agreement. It was moved by Com. Craft, seconded by Com. Smith, to approve staff recommendation, and; upon roll call, motion carried unanimously. 8.STRATEGY & SPECIAL PROJECTS (3-1645) Petition by D.R. Horton Inc., requesting a waiver to the requirements of Stop Gap Ordinance No. 2005-016 - Staff recognizes the efforts that the applicant has made in revising its first conceptual plan in order to promote consistency with the settlement patterns of the TVC Element. Staff recommends that a waiver be granted for this specific request with the following condition: applicant must schedule a site plan review coordination meeting between the Treasure Coast Regional Planning Council and County Growth Management staff prior to submittal of a formal development application to the County. 8 It was moved by Com. Craft, seconded by Com. Smith to approve the waiver with the condition, 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 Circuit Court 9