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HomeMy WebLinkAboutBOCC Minutes 03-06-2007 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 6, 2007 Convened: 3:00 p.m. Adjourned: 9:45 p.m. Commissioners Present: Chris Craft, Chairman, Paula A. Lewis, Doug Coward, Charles Grande, Joseph Smith, absent due to illness Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Robert Nix, Growth Management Director, Hank Flores, Senior Planner, Lauri Case, Utilities Director, Debra Brisson, Parks and Recreation Director, Vanessa Bessey, Environmental Resources Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Coward, seconded by Com. Grande, to approve the minutes of the meeting held on February 27, 2007, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.Resolution No. 07-083- Proclaiming the week of March 13, 2007 through March 19, 2007 as “Surveyor’s Week” in St. Lucie County- Consider staff recommendation to approve Resolution No. 07-083. It was moved by Com. Lewis, seconded by Com. Grande, to approve Resolution No. 07- 083, and; upon roll call, motion carried unanimously. Mr. Charles Arnold, Culpepper & Terpening accepted the proclamation. 3.GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce resident, addressed the Board with regards to much being removed from our port and it being used for development fill. 4.CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 22. 2.COUNTY ATTORNEY A.Resolution No. 07-304- Extension of Declaration of State of Local emergency- Indian River Drive- The Board approved the Declaration and authorized the Public Safety Director to sign the Declaration. B.Resolution No. 07-082- Extension of Open Air Burning- The Board approved Resolution No. 07-082 and authorized the Chairman to sign the Resolution. 1 C.Ordinance No. 07-010- Permission to advertise proposed Ordinance No. 07- 010 (Animal Registration) for a Public Hearing on April 3, 2007 at 6:00 p.m. - The Board approved advertising the public hearing for Ordinance No. 07-010. D.Contract for Sale and Purchase- Paradise Park Stormwater Improvement- The Board approved the Contract for Sale and Purchase from Peter Zecca for the purchase price of $116,000 and authorized the Chairman to sign and directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 3.PUBLIC WORKS A.Engineering Division- Work Authorization No. 9 (C05-04-190) for Professional Surveying Servies with LBFH, Inc., for Pulitzer Road and Orange Avenue- The Board approved Work Authorization No. 9 (C05-04- 190) for Professional Surveying Services with LBFH Inc.. for Pulitzer Road and Orange Avenue in the amount of $8,400. and authorized the Chairman to sign. B.Engineering Division –Solida Drive Culvert Replacement- The Board approved awarding the Solida Drive Culvert Replacement Project to the low bidder, Johnson Davis, Inc., in the amount of $119,298.00, establish project budget and authorized the Chairman to sign. C.Engineering division- First Amendment to Work Authorization No. 1 to the contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting engineers, for additional survey and geotechnical services for Harmony Heights Stormwater Improvements Phase 1 in the amount of $19,494.- The Board approved the First Amendment to Work Authorization No. 1 with Inwood Consulting Engineers for additional survey and geotechnical services for Harmony Heights Stormwater Improvements Phase 1 in the amount of $19,494.00 and authorized the Chairman to sign. 4.PARKS AND RECREATION – The Board approved the removal of listed capital equipment items from the County’s Fixed Asset Inventory. 5.PURCHASING A.Street Resurfacing Annual Contract- The Board approved awarding an invitation to Bid 07-029, Street Resurfacing Annual Contract to the lowest bidder, Ranger Construction Industries, Inc., for a not to exceed $1,054,186.80 and authorized the Chairman to sign the Amendment. B.Fixed Asset Inventory- Property Removal Record- The Board approved the removal of listed records from the Fixed Asset Inventory from various St. Lucie County Departments. C.Fixed Asset Inventory- Property Removal Records- The Board approved the removal of listed records from the Fixed Asset Inventory from the St. Lucie County Clerk of Courts. 6.PUBLIC SAFETY A.Purchase of a desktop computer- The Board approved the purchase of a desktop computer with standard specifications in the amount of $1,160.00 approved Budget Amendment BA07-044 and Equipment Request 07-312 and authorized the Chairman to sign. 2 B.State Homeland Security Grant Time Extension Modification- The board approved Modification # 1 to Agreement 07-DS-3W-10-66-01-248, State Homeland Security Grant Agreement. REGULAR AGENDA 5.A COUNTY ATTORNEY (0:10:29) Ordinance No. 07-009- Off Road Vehicles- Consider staff recommendation to adopt proposed Ordinance No. 07-009. Mr. Sean Webb, Ft. Pierce resident, addressed the Board and requested the county find a location for the off road vehicles. He stated his opposition to the ordinance and the $100.00 penalty. Com. Craft advised Mr. Webb county staff is presently working with the South Florida Water Management District in an attempt to find a location. It was moved by Com. Grande, seconded by com. Lewis, to approve Ordinance No. 07- 009, and; upon roll call, motion carried unanimously. 5.B GROWTH MANAGEMENT (0:12:31) Petition of Mercedes Homes for a 12 month extension of the date of expiration for the project known as Celebration Pointe PUD and major adjustment to the conditions of approval for property located at the southeast corner of the intersection of Peterson Road and South Jenkins Road. Draft Resolution No. 07-039- Consider staff recommendation to approve Draft Resolution No. 07-039. The Growth Management Director addressed the Board and reviewed the memorandum dated February 27, 2007. In item 1 if the memorandum he stated he felt this issue should be addressed by the Mercedes Home National Pollutant and Discharge Permit. In item 2 he alluded to Section 1-13.8-19 of the St. Lucie County Code and Compiled Laws which states that if permits for construction were issued prior to December 6, 2006 the permitted hours of construction are between 7:00 a.m. and Sundown. If permits for construction were issued on or after December 6, 2006, the hours of operation are between 7:00 a.m. and 6:00 p.m. on weekdays and 8:00 a.m. and 5:00 p.m. on Saturdays. Staff recommended the following condition which is consistent with other projects, be added to any 12-month extension: “The hours of operation for construction activities shall be limited to the time period from 7:00 a.m. to 5:30 p.m. Monday through Friday, 7:00 a.m. to 1:00 p.m. on Saturday and no work on Sundays. No construction shall take place on Federal Holidays. The hours of operation restrictions do not apply to sales activities. The hours of operation shall be clearly posted on the subject property in a conspicuous location for viewing by the public.” Com. Craft stated he was not interpreting the code in this manner. He felt they were able to work before 7:00 a.m. as long as they do not exceed the noise decibel chart. Com. Grande stated in reviewing the first highlighted area, his understanding is there was to be no construction activity during the hours banned. He believes the intent was not to have any work done on the construction site before 7:00 a.m. The County Administrator stated he defined work on construction site to be certain things needed could be done to maintain the site outside the hours, but not actual construction. The County Attorney alluded to the minutes of October 17, 2006, item 5-D page 8. He stated his interpretation was, “you are totally exempt if you are working within those hours from the noise ordinance and if you are working outside the hours and you generate noise, you would need a permit from the Board work outside the stated hours.” He 3 advised the Board of a standard condition approved in 2005 regarding hours of operation and this development pre-dates this condition. In current approvals this condition is stated. The County Attorney suggested placing the limited hours of operation in the Land Development Code (under building code general). At this point it is being placed as a condition. The Growth Management Director stated they have a standard condition they are recommending tonight to be placed in all the resolutions to approve PUD and site plans. This condition has certain hours and has more stringent requirements. Com. Lewis stated she recollects the issue not so much as regulating construction per say, but more a disturbing the residents issue and this more so addressed in the noise ordinance. She is comfortable with addressing this by using the noise ordinance section and does not see the need to go further. Com. Coward stated he believed the clear intent to him was to have hours of operation, but he does believe it can be interpreted differently and concurs it needs to be clarified. The Growth Management Director stated if the Board wished to restrict the hours they were in agreement with utilizing the hours stated in the noise ordinance. He also addressed items 3,4 and 5 which referenced land clearing issues, fence removal issues and drainage issues. He felt these issues were a matter of Code Enforcement and Civil procedures. The issue of height of the single family homes was addressed and he stated the developer at the time stated the homes around Peterson Road would be one story. This issue was not made part of the motion when this application was previously heard and if they wish to add it, it could be made as an additional condition. Com. Coward stated the developer clearly stated that all the homes in the northern area were to be single story homes and he believed when Com. Smith the motion he indicated “ to include all additional requests” and he believes this was included (single story home commitment made by the developer) and clearly understood by all that this was the intent. If it was needed to be made a condition, he did not have a problem with it. Com. Craft stated he viewed the video of the meeting and the developer of United Homes came to the podium and stated he did not have a problem with the one story homes request. The Growth Management Director alluded to the request of the applicant to revise condition # 3 . Staff did not support the applicant’s proposed revision to read “No two adjoining single-family homes shall have the same front architectural elevation. Staff supports maintaining the original wording of Condition # 3 so it will also apply to the new townhomes. Staff felt the word adjoining is misleading and it should be adjacent. The applicant also requested to add an eighth condition of approval to allow for the construction of Dry Models for the proposed project: Staff support adding the proposed to condition to read: 8.Pursuant to Section 11.03.01© of the St. Lucie County Land Development Code, the developer, his successors or assigns shall be allowed a building permit for up to a maximum of four residential units to be issued after approval of a Preliminary Record Plat and construction plans but before approval of a final plat. The Growth Management Director stated they support adding this condition. Com. Coward requested an update on the stop work order issued at the last meeting. Mr. Joseph Mule, Assistant Manager Code Compliance advised Com. Coward upon his visit to the site, the contractor was in violation of the noise ordinance and starting work before 7:00 a.m. 4 Ms. Cynthia Angelos, attorney for the developer (Mercedes Homes) addressed the Board and stated Mercedes Homes is one of the largest builders in the country and presently have 40 active projects under way in Florida and have not had any complaints with those projects. Ms. Angelos stated Mercedes Homes will be abiding by the noise ordinance and the conditions in the development order. She clarified the submittal had taken this long due to the back log with staff and had it been processed they would not be before the Board requesting an extension. Ms. Angleos advised the Board the developer agreed to it and would advise the contractor they are not to commence work before 7:00 a.m. as part of the development order. In speaking with the residents, Mercedes is very sensitive to the residents concerns and they are working to get the situation straightened out with the neighbors. Ms. Angelos stated there was an inconsistency in the development order and the site plan approval. Staff is recommending no two adjoining single family homes shall have the same front architectural elevation and now changed to “adjacent” the language in the condition of the site plan refers to single family units. She wished to clarify if this requirement was pursuant to the condition of the site plan and pursuant to the development order and this is what their request was, referring to single family units. Com. Grande asked in hearing staff’s recommendation, is Mercedes willing to comply with it and also for the non- single family units. Ms. Angelos stated she did not know if they had faced this issue since she thought staff understood it to be a typo and inconsistency of the two. She was not sure if her client was aware there was a request for it to pertain to multi family. She would speak with her client. The Community Development Director stated staff preferred the language in the adopted resolution and this was the reason their recommendation was against the change. He felt it would provide a better product and result and will maintain property values. Ms. Angelos requested reserving her comments on this issue until later. Ms. Angelos addressed the dust issue and stated Mercedes has hired an Environmental consultant and presently there is a huge pile of dirt at the site. It was recommended a water truck be there to keep the pile wet and use the gravel and build a silk fence to minimize the dust. She recommended the Alpha plan and recommendations also be made part of the development order. Com. Grande requested the water truck be at the site on a daily basis. Ms. Angelos stated they would add having the water truck on a daily basis. Ms. Angelos addressed the discussions held with the Langel family. She stated the single family homes will be placed on the entire northern property line as the Board desires. Also in speaking with Mr. Langel, they discussed the buffering and landscaping along Peterson Road. Mercedes has agreed to enhance the landscape plan approved and a conceptual plan was received late today. Mr. Langel had requested the buffering be done as soon as possible however, staff needs to approve it and certain permitting must take place. However, she wanted the Board to be aware it is in the works. Com. Craft questioned how soon Peterson Road would be paved. The developer advised the Board, Peterson Road would be paved within 60 days. 5 Ms. Angelos stated with regards to the fence, Mercedes has offered to replace the fence however she stated Mr. Mishoe is not pleased with their offer. The County Administrator addressed the Saturday working hours where he believed they should read 7:00 am -1 :00 p.m. The Growth Management Director stated in the Ordinance they are listed as Saturday 8:00 am to 5:00 p.m., however, staff recommendation is 7:00 a.m.-1:00 p.m. to be consistent with all developers. Com. Coward questioned the access to the South and how it has been resolved. Ms. Angelos stated Mercedes had placed a dirt pile on Mercedes property so that no one could access through Mr. Mishoe’s property. She stated there would be a permanent berm after the pile has been used. Com. Coward asked Ms. Angelos if there would be a problem with a condition being added stating there would no longer be access permitted through the Mishoe property. Ms. Angelos stated adding the condition would not be a problem. Mrs. Mishoe addressed the Board and advised them she sent e-mail a year ago and asked them to stop using her road and one year ago her fence was stolen. She does not buy the developer is sensitive to the issues concerning the surrounding residents. Mrs. Mishoe addressed the Board with reference to the agreement that the contractors were not to begin work before 7:00 a.m. and the stop work order. Mrs. Mishoe advised the Board when her fence was taken down she visited the Commission office and spoke to his Executive Aide. Com. Craft stated this was not a county issue it was a civil issue. A trespassing issue is also handled by our law enforcement not the County. Com. Coward stated he wanted it noted for the record that Mrs. Mishoe had requested assistance from his office. Mr. Mishoe requested the Board shut the job down until all the issues have been addressed. He felt his issues have not been resolved. Com. Lewis advised the Board she has received indications that Mr. Gillan from Mercedes Homes had contacted Mr. Mishoe . She believed a survey had been done to verify the boundaries. Ms. Angelos stated they offered to replace the fence or pay for it and Mr. Mishoe asked her how much additional money he was to receive in addition to the fence being replaced and Ms. Angelos questioned why they should give him more money if they were going to replace the fence. He stated if there was not going to be additional money he was not willing to talk to them and walked away. There is a letter on file indicating they were willing to replace it. Com. Craft stated the fence issue was moot. Com. Lewis also stated there had been some indications that the fence belonged to someone else, however if this was not the case she did not have any further questions. Ms. Betty Pallas, 1709 Swain Road addressed the Board and stated Mercedes Homes has been working with them for some time. She would like for them to continue to work so that they can complete the wall. She has never heard any construction noise before 7:00 a.m. and she is home all day every day . 6 Mr. Pat Langel 990 S. Jenkins Road addressed the Board and stated he would like for the berm to have vegetation that would provide coverage early not five years from now. He would like mature trees placed on the berm. Ms. Angleos stated they have an approved landscaped plan but are willing to work with Mr. Langel to enhance the plan. He would also like to dust problem addressed. Mr. Chris Langel, Jenkins Road resident addressed the Board and stated his main issue was the dust problem the other issues have been addressed. Ms. Susie Caron, 8500 Indrio Road resident, addressed the Board and the hours of operation was her main issue. She reminded the Board of the problems she and her surrounding neighbors had with the Emerson Estates project. She stated she felt the berm should be as is the one required for Emerson Estates. She recalled some of her past experience with Emerson Estates. Ms. Angelos stated Mr. Nix, Community Development Director had a good suggestion with regard to the landscaping. The Community Development Director recommended having a buffer designed by a registered landscape architect in Florida meeting specified height limits and performing standards hiding the homes 15/20 feet in height and with 90% opaque coverage year round. The berm and landscaping would be done by this architect. Ms. Angelos stated she would not be sure when this would be ready for submission since they need to have irrigation available. She advised the Board her client is amenable to the suggestion provided by the Community Development Director. Com. Craft stated he would like to see the Community Development Director work with the developer and the residents and the landscape architect and bring it back to the Board for subsequent adoption of that particular condition. Mr. Langel stated he felt it would be a good idea if the had the ability to work with the developer, the Landscape Architect and the Community Development Director and bring it back to the Board. Ms. Angelos stated they would be comfortable with 60 days. The Board stated 60 days was acceptable. Mr. David Morgan, Guettler & Sons construction wished to clear up issues, the job was shut down due to the fact there may have been movement before 7:00 a.m. not due to the noise because they did not have a meter available to measure decibels. He also advised the Board he wished everyone understand that if they are placing time restrictions they will have many independent truckers going to other jobs that start earlier and out of the area jurisdiction and the piles of dirt may around longer. He also addressed the survey and how it was done on the south property. The surveyor met with the residents all day Saturday and the berm and the pipes were put in with the direction of the residents. They placed the silk fence according to the boundary survey. The County Attorney suggested additional conditions such as: a) the water truck shall be at the site daily and used as needed and the developer shall have implemented the DEP Erosion and Sediment Control best management practices and have them on site. b) with regards to the enhanced landscaping- the developer shall provide an enhanced landscape plan and berm along Peterson Road. The plan shall be designed by a registered landscape architect. The enhanced landscaping design shall be reviewed by the neighbors and exceed the County’s landscaping code with the number of trees and height of trees and shall be agended for Board consideration within 60 days from the date of this resolution. c) no access to the project shall be permitted from the Swain Road extension. 7 d) perimeter wall – the developer shall complete the perimeter wall along the property of Swain Road 60 days from permitted date. e) construction hours: 7:00 a.m. -5:30 p.m. Monday through Friday 7:00 a.m. -1:00 p.m. Saturdays No Sundays and No Federal Holidays f) condition # 3- will remain as is per staff recommendation With regards to Resolution 07-039B a) Maximum height of 1 story for single family homes on the northern property limits b) and also condition # 8 the developer, his successors or assigns shall be allowed a building permit for up to a maximum of four residential units to be issued after approval of a Preliminary Record Plat and construction plans but before approval of a Final Plat c) and a revision to condition # 1 where the developer shall convey to St. Lucie County, in a manner and form acceptable to the County Attorney, 45 feet of additional right of way for Peterson Road along the North property line of the subject property. Twelve months from the recording of this resolution or the recording of the Road Improvement Agreement whichever occurs earlier, the developer shall construct Peterson Road to County specifications to include pedestrian and bicycle paths. Com. Coward stated he did not have a comfort level with what he has heard concerning the continued violations and would like an added condition. He would like to see an extended stop work order of up to 30 days should there be another violation. Com. Grande stated he would not suggest a specific time period but would go along with the Attorney that any infraction should cause an immediate stop work order. Com. Craft recommended there be time given to secure the project and make it safe for public travel, it would be phasing down part of the shut down. Com. Grande stated he did not have a problem with it as long as they do not continue to work while the phasing time was completed. Only the specific tasks should be worked on. Ms. Angelos requested clarification on condition # 3 as it relates to Swain Road about the private property access with regards to the canal and also she stated they would be willing to provide a monetary penalty if there was another violation. It was moved by Com. Coward, seconded by Com. Grande, to approve staff recommendation with the additions as laid out by the County Attorney; also to include the general guidelines of the Best Management Practices with sediment control; the Alpha Report as submitted by Ms. Angelos with regards to the dust; the language concerning additional infractions would cause an immediate stop work order ay which time the issue would return to the Board for additional action; and also lifting the stop work order that is currently in place; and the construction of the wall within 60 days after the permit issued the county, and; upon roll cal, motion carried unanimously. 5.C GROWTH MANAGEMENT (1:57:09) Petition of A.W. Riverlanding, LLC for a change in zoning from the RS-2 and CO zoning districts to the PUD zoning district and Final Planned Development Site Plan Approval for the project known as River Landing- PUD Draft Resolution No. 07-003- Consider staff recommendation to approve Resolution No. 07-003 subject to seventeen limiting conditions of approval. Mr. Jason Literik, representing the applicant addressed the Board and requested a continuation in order to address various conditions added. Mr. John Ferrick, area resident, addressed the Board with regards to the 17 conditions and especially the one indicating the elevation of each unit. He advised the Board of his opposition to the project. 8 Mr. Doran Russell, President, White City Improvement Club addressed the Board and advised them the Club opposed the proposed density for the project. Also as a resident, he advised the Board he had obtained counsel to represent him as he felt he was denied due process by the So. Florida Water Management District. He advised the Board he owns property to the south and the east of the project and these parcels are in a flood zone. Mr. Culverhouse, counsel for the Mr. Russell advised the Board the permit for this project may have been issued in error and this was the reason for his contact with the South Florida Water Management District . He is waiting to receive information he requested from the district. It was moved by Com. Grande, seconded by com. Lewis, to continue this public hearing on April 17, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT (2:10:25) Consider Draft Developers Agreement DVA 07-001, approving Developers Agreement between Incom Properties 31 Inc., King’s Center and St. Lucie County- Consider staff recommendation to approve the Developer’s Agreement 07-001. It was moved by Com. Coward, seconded by Com. Grande, to approve moving on to the second reading scheduled for March 2, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.E GROWTH MANAGEMENT Petition of St. Lucie Oaks commercial, LLC for a Change in Zoning from the CG and PNRD zoning districts to the PNRD zoning district and Preliminary Planned Unit Development Site Plan approval, for the project to be known as St. Lucie Oaks Commercial- PNRD and consisting of a four story 88 room hotel and approximately 16,200 square feet of restaurant /office space Draft Resolution No. 07-002- Consider staff recommendation to approve a Change in Zoning from the CG and PNRD zoning districts to the PNRD zoning districts and Preliminary Planned Unit Development Site Plan, subject to limiting conditions. Mr. Bob Burson, representing the applicant was present to answer any questions the Board may have. Ms. Pamela Hammer, Planning and Zoning Board addressed the Board and stated she had a problem with the site plan and the curb cuts, too much parking at the hotel and not enough parking for the restaurant/. Com. Craft expressed his concern with the US Highway 1 entrance. Com. Grande comments on the need for a d-cel lane. He believed the multiple use of this concern is good and is in support of the use of the parcel but felt there was not enough imagination used. He stated he would like to see this site plan come back showing better use of the land. He stated he did not have a problem with the entrance at Brazilian, and having the exit on U.S 1 but felt a d-cel lane was needed. Com. Coward stated he did not like the overall design and would like the building moved further to the east. He expressed his concerns with the traffic, the parking and stated he was not ready to approve this project as is. Com. Lewis stated she had not had a problem entering the McDonalds when it was at that location and she believes there would not be a problem. 9 Com. Craft stated he envisioned Virginia Avenue and U.S. 1 and felt there was a safety concern with the entrance location. He would also like to see more buffering on the west side of the project. He suggested the applicant take time to improve the site plan. It was moved by Com. Coward, seconded by Com. Grande to continue this item on June 5, 2007 at 6:00 p.m. or as soon thereafter as it may be hear, and; upon roll call, motion carried unanimously. 5.F COUNTY ATTORNEY Public Hearing- Petition for Abandonment of a portion of Rock Road North of I-95 to Angle Road- Resolution No. 07-022- Consider staff recommendation to continue this Public Hearing to May 1, 2007 at 6:00 p.m. or as soon thereafter as possible. It was moved by Com. Lewis, seconded by Com. Grande to continue this Public Hearing on May 1, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, 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 10