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HomeMy WebLinkAbout10-19-2010 Signed Agendas AGENDA REQUEST ITEM NO. VI-B-1 DATE: October 19, 2010 REGULAR [ PUBLIC HEARING Leg. [)Quasi-JD [ CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: "After the Fact" Revocable License Agreement Leonard and Marilyn Walinski 2608 Gray Twig Lane BACKGROUND: FUNDS AVAILABLE See Attached Memorandum N/A PREVIOUS ACTION: August 4, 1981 - Resolution No. 81-72 the Board of County Commissioners abandoned 19 ft. of the 25 ft. Drainage and Utility Easement in Twelve Oaks Subdivision. RECOMMENDATION: Staff recommends the Board approve the ``After the Fact" Revocable License Agreement, authorize the Chairman to sign the "After the Fact'' Revocable License Agreement and direct Mr. & Mrs. Walinski to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [;~ APPROVED [ )OTHER Approved 5.0 CONCURRENCE: [ ]DENIED aye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney: 4~r. ~Or+- Daniel Mclntyre [x] Originating Dept: J ~'!`~" JoAnn Riley [xJ Road and Bridge:pylj ~ Don Pauley [x] Public Works: ~ Don W t [x] Engineering: ~~~ Mike Powley [ ]Purchasing: PROPERTY ACQUISITION DIVISION 1VLEIVIORANDUIVI TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 19, 2010 SUBJECT: "After the Fact" Revocable License Agreement Leonard and Marilyn Walinski 2608 Gray Twig Lane BACKGROUND: Leonard and Marilyn Walinski contacted Property Acquisitions for a License Agreement to replace wood panels on their fence in Twelve Oaks Subdivision. The fence is located within the County's 6 foot Drainage and Utility Easement at the rear of their property. During our review we learned a License Agreement was not on file for the initial fence. We have included the entire fence in an "After the Fact" Revocable License Agreement. Staff has approved their request for the "After the Fact" License Agreement with the understanding if the encroachment causes any flooding or needs to be removed they must move it immediately at their expense. RECOMMENDATION: Staff recommends the Board approve the "After the Fact" Revocable License Agreement, authorize the Chairman to sign the "After the Fact" Revocable License Agreement and direct Mr. and Mrs. Walinski to record the Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, Ann Riley Property Acquisition Manager AGENDA REQUEST ~~~ COUNTY F L O R l D A TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. DATE: October 19, 2010 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre County Attorney SUBJECT: Interlocal Agreement with the City of Port St. Lucie - Verodn Ditch Outfall Pipe BACKGROUND: See attached memorandum FUNDS AVAILABLE: Funds are available in Stormwater MSTU, Contracted Services, Account No. 102001-3725-534000-300 PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: ~ APPROVED [ J DENIED [ J OTHER: Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator ~~~~w a~a ~~obi: County Attorney: Management b Budget Purchasing: Daniel S. McIntyre / Origirating Dept. Public Works Dir: N • County Eng.: Do West Mike Powtey Finance: (Check for copy only, if applicable) Eff. 5/96 -~' ~~ ~- ' - = INTER-OFFICE MEMORANDUM ~ ~ ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 10-1328 DATE: October 7, 2010 SUBJECT: Interlocal Agreement with the City of Port St. Lucie - Verndn Ditch Outfall Pipe Project BACKGROUND The Vernda Ditch has experienced erosion at the outfall pipe near 879/891 Goodrich Street. The County maintains Veradn Ditch and the City of Port St. Lucie owns the outfall pipe. Attached to this memorandum is a draft interlocal agreement which, if approved, would allow the City to contract with a contractor to complete the required repairs to the outfall pipe and the Vernda Ditch in acceptance with the County's construction standards for the original repair project. The City will administer the Contract and cover any cost overruns. The County's portion of the cost for repair is $12,167.09. RECOMMENDATION/CONCLUSION Stuff recommends that the Board approve the Interlocnl Agreement and authorize the Chairman to sign the Agreement. submitted,, ~~r-/1~ Daniel 5. County A DSM/caf Attachment C4UN7Y F L O R I D A' AGENDA REQUEST PUBLIC HEARING LEG. QUASI-JD CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ken J. Mascara SUBMITTED BY: St. Lucie County Sheriff's Office, Administration Sheriff _ 'f SUBJECT: Authorization to accept the Florida Department of Law Enforcement (FDLE) 2011 Edward Byrne Memorial Justice Assistance Grant (2011-JAGC-STLU-1-B2-148). BACKGROUND: The Florida Department of Law Enforcement (FDLE) has awarded the St. Lucie County Sheriff's Office the 2011 Edward Byrne Memorial Justice Assistance Grant (2011-JAGC-STLU-1-B2-148). Upon acceptance, this $68,718.00 grant will be used to implement the "Planning, Evaluation, and Technology Improvement Program" which will provide In-Car video surveillance cameras for law enforcement vehicles for the purpose of more secure evidence gathering. JAG funds shall be utilized for the purpose of reducing crime and improving public safety. No matching funds are required. FUNDS AVAILABLE: 107169-2110-331233-200: FDLE Edward Byrne Memorial (JAG) Grant PREVIOUS ACTION: June 1, 2010 - BOCC approved permission to participate in grant. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution No. 10-262 and authorize the acceptance of the Florida Department of Law Enforcement (FDLE) Edward Byrne Memorial Justice Assistance Grant in the amount of $68,718.00. COMMISSION ACTION: REGULAR CONCURRENCE: (`~) APPROVED ( ) DENIED ( ) OTHER aye W. Outlaw, M A Approved 5.0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) ~ „~.,. ps'r+ Budget Analyst Dan McIntyre Marie ouin H.~..•.-~`to~•y Sophia Holt Originating Dept. ( ) (Name) ITEM NO. VI- C DATE: 10/19/10 ERD ( ) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissione FROM: Ken J. Mascara, Sheriff St. Lucie County Sheriff ministration DATE: Tuesday, October 19, 2010 SUBJECT: Authorization to accept the Florida Department of Law Enforcement (FDLE) 2011 Edward Byrne Memorial Justice Assistance Grant (2011-JAGC-STLU-1-62-148). ITEM NO. VI - C Backctround: The Florida Department of Law Enforcement (FDLE) has awarded the St. Lucie County Sheriffs Office the 2011 Edward Byrne Memorial Justice Assistance Grant (2011-JAGC-STLU-1-62-148). Upon acceptance, this $68,718.00 grant will be used to implement the "Planning, Evaluation, and Technology Improvement Program" which will provide In-Car video surveillance cameras for law enforcement vehicles for the purpose of more secure evidence gathering. JAG funds shall be utilized for the purpose of reducing crime and improving public safety. No matching funds are required. Recommendation Staff recommends that the Board of County Commissioners approve Budget Resolution No. 10-262 and authorize the acceptance of the Florida Department of Law Enforcement (FDLE) Edward Byrne Memorial Justice Assistance Grant in the amount of $68,718.00. ITEM NO. VI - D ~~~~~~ _. COUNTY F L ~ R lI D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Utilities Department Permission to Advertise Public Hearing See attached memorandum. FUNDS AVAILABLE: N/A DATE: 10/19/2010 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) PRESENTED BY: Laurie Waldie Utility Director PREVIOUS ACTION: July 24, 2007 - BOCC approved rate structure for SHI District. RECOMMENDATION: Board approval to advertise and provide notice to customers for a Public Hearing on November 9, 2010 to amend certain rates, fees and charges for the St. Lucie County South Hutchinson Island District Wastewater Utility. COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: ye W. Outlaw, MPA County Administrator Coordination/Signatures 4 County Attorney (X) ~ ` ~ OMB Director ( ) ~~, Budget Analyst Dan McIntyre Originating Dept. (X) r~ ~~ {- ` Other ( ) Laurie Waldie ~~~ `__. COUNTY F L O R I D A TO: Board of County Commissioners FROM: Laurie Waldie, Utility Director -~f=_%~ DATE: October 19, 2010 Utility Department MEMORANDUM SUBJECT: Permission to Advertise Public Hearing ITEM NO. VI - D Background: Staff is requesting approval to advertise and send notice to customers for a public hearing for the purpose of amending certain rates, fees and charges for the St. Lucie County (SLC) South Hutchinson Island District Wastewater Utility. Once approval to advertise and provide notice to customers is granted, a notice will be mailed to all existing SLC South Hutchinson Island District Wastewater Utility customers and advertised in a local newspaper at least 10 days prior to the public hearing. The proposed rates, fees and charges will also be made available to the Board and the public. The proposed adjustments update the SLC South Hutchinson Island district miscellaneous charges to be consistent with the rest of the Utility, or in the SLC Water and Sewer District, as calculated per the recent rate study and as adopted for the SLC Water and Sewer District on June 1, 2010. The customer account charge is proposed to increase $0.10 ep r bill per month from $2.30 to $2.40. The monthly SHI wastewater rate will not change but remain at $30.23 per EDU. Recommendation Board approval to advertise and provide notice to customers for a Public Hearing on November 9, 2010 to amend certain rates, fees and charges for the St. Lucie County South Hutchinson Island District Wastewater Utility. ~, max.",: ,~ ~:~-~ :.~ ITEM NO. VI-E 1 DATE: 10/19/10 +~ ~ . AGENDA REQUEST REGULAR ( ) '~ PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Resolution No. 10-279, policy related to the County's emergency reserves and fund balance reserves BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-9910-599301-800 Emergency Reserves 001-9910-599302-800 Fund Balance Policy PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Resolution No. 10-279, establishing a policy for the County's emergency reserves and fund balance reserves, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ~) APPROVED ( ) DENIED ( ) OTHER Approved 5.0 County Attorney (X ) CONCURRENCE: e W. Outlaw, PA County Administrator Coordination/Signatures OMB Budget Analyst Dan McIntyre Other ( ) Other (Name) (X) L_ .. Jennifer Hill (Name) TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: October 19, 2010 SUBJECT: Resolution No. 10-279, policy related to the County's emergency reserves and fund balance reserves ITEM NO. VI-E Background: During the fiscal year 2011 budget process, the Board made changes to the County's emergency reserve calculation and kept the Fund Balance Reserve calculation the same. These reserve policies are: • Emergency Reserves -The Board will maintain a designated emergency reserve of 5% of the total operating budget excluding funds that have a minimum of 10% or $2 million in reserves (whichever is greater). By majority vote, the Board may use all or a portion of this designated Emergency Reserve, however, the use is normally reserved for natural or manmade disasters. Fund Balance Reserve -The Board will maintain a fund balance reserve in the general fund equal to 5% of the general fund operating budget. By a majority vote, the Board may use all or a portion of this fund balance reserve to address unanticipated revenue shortfalls or any unforeseen expenditures not necessarily resulting from a natural disaster. For fiscal year 2011, the reserves are fully funded at these levels. The emergency reserve budget is $10,699,726 and the fund balance reserve budget is $3,647,551. Recommendation: Board approval of Resolution No. 10-279, establishing a policy for the County's emergency reserves and fund balance reserves, and authorization for the Chairman to sign documents as approved by the County Attorney. ~ g ~ ~~ F L O R l D R AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning and Development Services Department ITEM NO. VII-A DATE: 10/19/10 REGULAR PUBLIC HEARING (X ) LEG. (X ) QUASI-JD ( ) CONSENT ( ) PRESENTED BY: Britton De Witt Senior Planner ~,{~ SUBJECT: Future Land Use Map Amendment -PGA Village BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the PGA Village Small Scale Future Land Use Map Amendment (Ordinance No. 10-035). COMMISSION ACTION: CONCURRENCE: (~) APPROVED ( ) DENIED ( ) OTHER A roved 5.0 aye W. Out aw, M A pP County Administrator Motan to include the notice for the Coordination/Signatures PNRD Hearing be mailed to everyone in the PGA Village. County Attorney (X) County Surveyor ( ) . Daniel S. McIntyre Ron Harris County Engineer ( ) ERD (X) ~~ ~ ~~ Michael Powley ~~ren Smith Originating Dept. (X) OMB ( ) Mark Satterlee Marie Gouin Purchasing ( ) Melissa Simberlund f ~. «,F. .,.w .. - Hearing Date: Tuesday October 19th, 2010 Applicant PGA Reserve Inc., 951 SW Country Club Dr Port St. Lucie, FL 34986 Agent Brian Nolan Lucido & Associates 100 Avenue A, Suite 2A Ft. Pierce, FL 34950 File Number FLUMA 720104078 Properhr Location 1920 Perfect Dr Port St. Lucie, FL Future Land Use From RS (Residential Subur- ban - 2 du/acre) to COM (Commercial) Zo -n_g PNRD (Planned Non- Residential Neighborhood) Staff Britton De Witt Senior Planner wilsonb@stlucieco.org (772) 462-1582 FG u'n/ ~% ~~ -, ~` ~~ i ~ ZG e'a ~g,c J nnN 'N Agenda Item No. VII - A PGA Village Small Scale Future Land Use Map Amendment T4 ---il ' _ ~OF ~ RS `~~ ~~ ~ - p U °~ - ~~ - ;F __ _ ~ - - /~ `- T ~ ~ - -' ~~ f` V p,~+ f coon a~ ~~F~C RESERVE BLVD e 3 COM ~ COM ~ c - ~ ~_~-- C, ,- , C4 \ :~: --~s lu ccxs~ ,~5 _ GS ~st~-~ N ® $Ub~ Ct f0 f[ SL Luee Caunly FuWre Lentl Uee Port St. Lucie FYtllre LaM Uae le P Pe Y coM - cemrnarnal cc - xrera. Co^.knercul R;Resdenl.a15uburban (2 tlu'acj I-InsMixional, Privatefl Public Ciry of Port $t. Lucie Rec - Raseerrtal core c«,r:e Project Description PGA Reserve Inc. is petitioning for a change in the Future Land Use of a 9.9 acre parcel from RS (Residential Sub- urban- 2 du/acre) to COM (Commercial). Background The purpose of the amendment, as stated by the applicant, is to allow ex- pansion of the existing PGA Golf club- house complex and new lodging facility to serve the PGA golf facilities located in the Reserve Development of Re- gional Impact (DRI). The PGA golf clubhouse complex is authorized under the Final Development Order of the Reserve DRI for approximately 90,000 square feet of overall non-residential commercial/office use. The clubhouse is proposed for expansion by approxi- mately 15,000 square feet. This leaves 65,000 square feet of undeveloped r: F ~~z~ . 8 ~., ;, commercial square footage (based upon the approved PNRD master plans for the clubhouse complex) that can be used for either commercial or converted use purposes as outlined in Condition No. 51 of Resolution No. 09-016. Notice Repuirements Public hearing notice in accordance with Section 11.00.03 of the Land De- velopment Code was placed in the St. Lucie News Tribune, letters were sent to property owners within 500 feet of the subject property and a sign was placed on the property. Previous Action On September 19, 2010, the Planning and Zoning Commission voted 5 to 1 to recommend approval of the proposed Future Land Use Map Amendment. Staff Recommendation Board approval of the PGA Village Small Scale Future Land Use Map Amendment (Ordinance No. 10-035). ITEM NO. VII-B I CI ~ ~ ~ O t..i NT Y ~ ~. ,~ R ~I~~- PUBLIC HEARING (X ) LEG. (X ) QUASI-JD ( ) CONSENT ( ) ( ) APPROVED ( ) DENIED (~ OTHER No Action required at this time. Faye .Outlaw, MPA County Administrator DATE: 10/19/10 REGULAR PRESENTED BY: Britton De Witt Senior Planner BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board review of a text amendment to the Land Development Code to include the Right-of-Way Protection Map in Section 7.05.03 (Ordinance No. 10-036) and authorization to schedule the second public hearing. COMMISSION ACTION: CONCURRENCE: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning and Development Services Department SUBJECT: Right-of-Way Protection Map Coordination/Signatures County Attorney (X ) Daniel S. McIntyre County Engineer (X) ~Y! Michael Po'w"'ley Originating Dept. (X) ~-Z~"w Mark Satterlee Purchasing ( ) Melissa Simberlund County Surveyor (X) /'CfffT Ron Harris ERD ( ) Karen Smith OMB ( ) Marie Gouin Planning and Development Services ~ ~ ~ ,,~ Department i • ~ - MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning 8~ Development Services Director Kara Wood, Planning Manager j~1 FROM: Britton De Witt, Senior Planne T~_ Planning Division DATE: October 19, 2010 SUBJECT: Right-of-Way Protection Map ITEM NO.: VII-B Background: Proposed changes to the Comprehensive Plan, based on recommendations from the Evaluation and Appraisal Report (EAR) adopted in October 2008, were presented to the Board of County Commissioners on June 1, 2010. One of the proposed changes to the Comprehensive Plan was to relocate the Right-of- Way Protection Map (RWPM) into Section 7.05.03 of the Land Development Code (LDC), "Rights-of-Way Determinations and Dedication, Improvements." The Department of Community Affairs does not require this map to be in the Comprehensive Plan and updates to the data would be more efficient if located in the LDC. The Schedule of Capital Improvements located in the Capital Improvements Element of the Comprehensive Plan is based on anticipated needs identified on the RWPM. The LDC requires the Thoroughfare Network Right-of-Way Protection Plan,' of which the RWPM is a part, to be reviewed and updated every two years. Before adopting the RWPM into the LDC, the map was reviewed by the Development Review Committee, including the Planning and Development Services Director, the County Engineer, the County Surveyor and the St. Lucie Transportation Planning Organization. The goal of the review is to assess the transportation corridors and the necessity for retaining property acquired for the transportation network. If a transportation corridor is determined to be no longer necessary, the transportation corridor shall be removed from the Plan. If a new transportation corridor is determined to be needed, the transportation corridor shall be added to the Plan. Attached as Exhibit A is a draft updated Right-of-Way Protection Map with the proposed roadway updates highlighted in yellow, and following is a table listing each update: '~ ITEM NO. VII-C r~. . C Q tt NT Y `'' F ! © R I D A AGENDA REQUEST DATE: 10/19/10 REGULAR ( ) PUBLIC HEARING (X ) LEG. (X ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton De Witt SUBMITTED BY: Planning and Development Services Senior Planner Department SUBJECT: Ordinance 10-020 Evaluation and Appraisal Report-Based Amen ments to the Comprehensive Plan BACKGROUND: See attached memorandum. APPROVED ( ) DENIED ( OTHER A roved 5.0 ay W. Outlaw, MP pp County Administrator FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the Evaluation and Appraisal Report-Based Amendments to the Comprehensive Plan (Ordinance No. 10-020). COMMISSION ACTION: CONCURRENCE: Motion to continue to Tuesday, Coordination/Signatures October 26, 2010 at 9:00 a.m. or as soon thereafter as possible. County Attorney (X) ~!,/~. Daniel S. McIntyre County Engineer ( ) Michael Powtey Originating Dept. (X) ~_Zx~ Mark Satterlee Purchasing ( ) County Surveyor ( ) Ron Harris ERD (X) ' ren Smith OMB ( ) Marie Gouin Melissa Simberlund Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning 8~ Development Services Director Kara Wood, Planning Manager FROM: Britton De Witt, Senior Ptanne Planning Division DATE: October 19, 2010 SUBJECT: Evaluation and Appraisal Report-Based Amendments of the Comprehensive Plan ITEM NO.: VII-C Background: This is the final adoption hearing (second reading) by the Board of County Commissioners for the Evaluation and Appraisal Report-based amendments to the Comprehensive Plan. After the first reading, staff incorporated changes as directed by the Board and it was then reviewed by the Florida Department of Community Affairs (DCA). The enclosed DCA-issued Objections, Recommendations and Comments (ORC) report gave direction for further changes that have been incorporated into the document. Enclosed are supplemental pages to the previously issued Evaluation and Appraisal Report-based amendments binder. The following memo by Calvin, Giordano & Associates itemizes each objection by DCA and what changes were made in response to the ORC report. In general, DCA wanted more information on programs and land use practices that the County will complete now, and in the future to reduce greenhouse gas emissions. The following additional information on current County programs and strategies was emphasized in the EAR-based Amendments and related ORC Response memorandum including: • Urban Service Area • TVC Element • Preservation of Agriculture • Jenkins Road Area Special District • Green Jobs and Innovation Corridor • Project Energy Programs including: o Solar and Energy Loan Fund o Green Building Standards o Certified Green Local Government o Green District Future strategies to reduce energy consumption were also emphasized in the EAR-based Amendments and related ORC Response memorandum including: • Transfer of Development Rights Program • Mobility Fees ~` ITEM NO. VII-D _ _ ~ _ J - - DATE: 10/19/10 • ~ , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI-JD (X ) CONSENT ( ) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Waite 1~7 Planning and Development Services Senior Planner Ordinance 10-034 -Solar Energy Ordinance See attached memorandum. N/A September 16, 2010 -Planning and Zoning Commission recommended the Board approve this request by a vote of 6-0. RECOMMENDATION: Board review of the Solar Energy Ordinance and approval to schedule the second required public hearing for November 9, 2010 at 6 pm, or as soon thereafter as possible. COMMISSION ACTION: APPROVED ( ) ( ) OTHER - Approved 5.0 CONCURRENCE: DENIED Faye W. Outlaw, M A County Administrator Coordination/Signatures County Attorney (X) 1ty ¢,~. psNt County Surveyor Daniel S. McIntyre l+~ "?a-~.- t "7 County Engineer (X) ~ Y ~~ 1 ERD Michael Powley Originating Dept. (X) OMB rk Satterlee Purchasing ( ) Melissa Simberlund (X) ~~~ Ron Harris (X) ren Smith Marie Gouin '~, C o u wT y F L O R I D A Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners ,, ~ THROUGH: Mark Satterlee, AICP, Planning and Development Services Directrnr( Kara Wood, Planning Manager i'~1 FROM: Diana Waite, AICP, Senior Planner DATE: October 19, 2010 SUBJECT: Ordinance 10-034 -Solar Energy Ordinance ITEM NO. VII-D Background: The subject ordinance is intended to eliminate potential obstacles to the installation of solar equipment for the individual homeowner or business, and to facilitate the development of utility grade commercial solar facilities in the County's rural areas. The ordinance amends Chapter 2, Definitions, Chapter 3, Zoning District regulations, Chapter 4, Research and Education Park Overlay Zone uses, Chapter 8, Accessory Uses and provides supplemental standards in Chapter 7 to guide the location and installation of both types of uses to ensure compatibility with surrounding land uses. The definition of each type of solar use is: Solar Generation Station: An energy generation facility comprised of one or more freestanding, grouncTmounted-devices t a cap ure soar energy and-conve i o e ec nca energy or use m locations other than where it is generated. Solar generation stations typically utilize photovoltaic solar cells, but can also be combinations of light reflectors, concentrators, and heat exchangers. A solar generation station is also known as a solar plant, solar generation plant, solar farm, solar power plant, or solar thermal power plant. Solar Energy System: Any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for use in the heating or cooling of a structure or building, the heating or pumping of water, or the generation of electricity. A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include, but are not limited to, serving as a structural member of part of the roof of a building or structure and serving as a window or wall. A solar energy system may be mounted on the building or on the ground and is not the principal use of the property. The proposed draft ordinance accomplishments the following: • Recognizes solar panels as accessory uses in all zoning districts; • Exempts roof-installed solar panels from the building height limitations;