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HomeMy WebLinkAboutVII-B RWPMAGENDA REQUEST ITEM NO. VII-B 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 Department Senior Planner SUBJECT: Right-of-Way Protection Map 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: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X ) County Surveyor ( X ) . Daniel S. McIntyre Ron Harris County Engineer ( X ) ERD ( ) Michael Powley Karen Smith Originating Dept. ( X ) OMB ( ) Mark Satterlee Marie Gouin Purchasing ( ) Melissa Simberlund ? Planning and Development Services Department M E M O R A N D U M TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager FROM: Britton De Witt, Senior Planner 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: Board of County Commissioners ROW Map LDC Text Amendment October 12, 2010 Page 2 Adopted Roads Being Added to Map Change Koblegard Rd add to map, extend south of Indrio Rd New E-W Tobias Rd new TVC Area road New E-W Sebastian Rd new TVC Area road Johnston Rd widen to 4 lanes, intersect w/Emerson Ave, extend to St. Lucie Blvd Seminole Rd connect Seminole Rd, north of Indrio Rd Indrio Rd-Emerson Ave to US1 reduce from 4 lanes to 2 lanes West of I-95 from County line to Indrio Rd new TVC Area road New North Fly-Over (connects with Shinn Rd ext) new TVC Area road Shinn Rd-northern ext from Indrio Rd to Turnpike widen from 2 lanes to 4 lanes Indrio Rd from I-95 to Shinn Rd (north ext) widen from 2 lanes to 4 lanes New South Fly-Over new TVC Area road New E-W "A" Rd new TVC Area road Connector from E-W "A" Rd south to Johnston Rd new TVC Area road Proposed Changes to Map Change Kings Hwy widen from 4 lanes to 6 lanes Taylor Dairy Rd add to map, 2 lanes Emerson Ave/Johnston Rd connect Emerson Ave to Johnston Rd, 2 2 lane Keen Rd reduce from 4 lanes to 2 lanes Angle Rd, west of Kings Hwy widen from 2 lanes to 4 lanes McNeil Road remove McNeil Rd extension from Orange Ave to Okeechobee Rd Graham Road remove Graham Rd extension from Jenkins Rd to Hartman Rd Jenkins Rd widen from 2 lanes to 4 lanes Selvitz Rd remove Selvitz Rd from Kirby Loop Rd to Edwards Rd Selvitz Rd widen from 2 lanes to 4 lanes Sunrise Blvd add Sunrise Blvd to map, 2 lanes Lennard Rd extension reduce from 4 lanes to 2 lanes Shinn Rd/Range Line Rd connect Shinn Rd to Range Line Rd, 4 lanes Range Line Rd widen from 2 lanes to 4 lanes C-24 Canal Road remove C-24 Canal Rd from Shinn Rd to Carlton Rd The right-of-way protection areas pertaining to the Towns Villages and Countryside (TVC) are included. The TVC roadways have already been adopted into the Comprehensive Plan for right-of-way protection and are just being incorporated into this graphic. The Jenkins Road Area Plan identifies right-of-way dedication requirements found in Section 4.12.12, which is referenced on the proposed RWPM. Table 7-15 in the draft ordinance is being updated to add eight lane arterials and their minimum right-of-way width of 200 feet. Previous Action: On September 16, 2010, the Planning and Zoning Commission reviewed this proposed text amendment to the LDC and unanimously recommended that it be approved. 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. 1 ORDINANCE NO. 10-036 2 Text Amendment to the Land Development Code 3 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. 5 LUCIE COUNTY, FLORIDA, TO UPDATE THE RIGHT-OF-WAY PROTECTION 6 MAP AND AMEND THE TEXT OF THE LAND DEVELOPMENT CODE TO 7 INCLUDE THE MAP IN SECTION 7.05.03; PROVIDING FINDINGS; PROVIDING 8 FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; 9 PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE 10 FLORIDA DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; 11 AND PROVIDING FOR ADOPTION. 12 13 WHEREAS, the Board of County Commissioners has made the following determinations: 14 15 1. This Board is authorized by Section 125.01(1)(h), Florida Statutes to establish, 16 coordinate and enforce zoning and such business regulations as are necessary for the 17 protection of the public; and, 18 19 2. This Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions 20 necessary for the exercise of its powers and to prescribe fines and penalties for the 21 violations of ordinances in accordance with law. 22 23 3. On August 1, 1990 the Board of County Commissioners of St. Lucie County Florida 24 adopted the St. Lucie County Land Development Code. 25 26 4. On September 16, 2010, the Planning and Zoning Commission held a public hearing 27 on the proposed ordinance after publishing notice in the St. Lucie News Tribune at 28 least 10 days prior to the hearing and recommended that the proposed ordinance be 29 approved. 30 31 5. On October 19, 2010, this Board held its first public hearing on the proposed 32 ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on 33 October 6, 2010. 34 35 6. On _________, 2010, this Board held its second public hearing on the proposed 36 ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on 37 ________, 2010. 38 39 7. The proposed amendment to the St. Lucie County Land Development Code is 40 consistent with the general purpose, goals, objectives and standards of the St. Lucie Lucie 41 County Comprehensive Plan and is in the best interest of the health, safety and public 42 welfare of the citizens of St. Lucie County, Florida. 43 44 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie 45 County, Florida: 46 47 A. The specific amendment to the St. Lucie County Land Development Code to read as 48 follows in underline format: Ordinance No. 10-036 File No.: TLDC 720104076 Page 2 7.05.03. Rights-of-Way Determinations 1 and Dedications, Improvements 2 3 “Rights-of-Way Protection Map” (See Exhibit A) 4 5 TABLE 7-15: ROADWAY TYPE MINIMUM RIGHT-OF-WAY WIDTH Arterial (8 lane) 200 Arterial (6 lane) 200 Arterial/Collector (4 lane) 160 Arterial/Collector (2 lane) 80 Local Road (w/swale drainage) 70 Local Road (w/closed drainage--curb and gutter) 60 All distances expressed in feet. Actual dimensions to be site determined and may be greater or less than expressed minimums given site conditions and specific roadway design requirements. Additional right-of-way will be at the request of the County Engineer or his/her designee. The Board of County Commissioners may modify standard right-of-way widths for Planned Unit Development if the intent of the ordinance is being upheld. 6 7 B. CONFLICTING PROVISIONS 8 9 Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie 10 County, County Ordinances and County Resolutions, or parts thereof, in conflict with this 11 Ordinance are hereby superseded by this Ordinance to the extent of such conflict. 12 13 C. SEVERABILITY 14 15 If any portion of this Ordinance is for any reason held or declared to be unconstitutional, 16 inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If 17 this Ordinance or any provisions thereof shall be held to be inapplicable to any person, 18 property, or circumstances, such holding shall not affect its applicability to any other person, 19 property or circumstance. 20 21 D. APPLICABILITY OF ORDINANCE 22 23 This Ordinance shall be applicable in the unincorporated area of St. Lucie County. 24 25 E. FILING WITH THE DEPARTMENT OF STATE 26 27 The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the 28 Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 29 30 F. EFFECTIVE DATE 31 32 This ordinance shall take effect upon filing with the Department of State . Ordinance No. 10-036 File No.: TLDC 720104076 Page 3 1 G. ADOPTION 2 3 After motion and second, the vote on this Ordinance was as follows: 4 5 Charles Grande, Chairman XXX 6 7 Doug Coward, Vice-Chair XXX 8 9 Chris Dzadovsky, Commissioner XXX 10 11 Chris Craft, Commissioner XXX 12 13 Paula Lewis, Commissioner XXX 14 15 16 PASSED AND DULY ADOPTED this ___________ day, 2010. 17 18 ATTEST: BOARD OF COUNTY COMMISSIONERS 19 ST. LUCIE COUNTY, FLORIDA 20 21 22 23 _________________________ BY:_______________________________ 24 Deputy Clerk Chairman 25 26 APPROVED AS TO FORM AND 27 CORRECTNESS: 28 29 30 31 __________________________________ 32 County Attorney 1 St. Lucie County 2 Planning and Zoning Commission/Local Planning Agency Roger Poitras Annex, Commission Chambers, 3rd 3 Floor 4 September 16, 2010 Meeting 5 6:00 p.m. 6 In the event of a conflict between these written minutes and a compact disc recording, 7 the compact disc shall control. 8 9 I. CALL TO ORDER 10 Chairman Mundt called the meeting to order at 6:04 p.m. 11 A. Pledge of Allegiance 12 B. Roll Call 13 Craig Mundt ......................................Chairman 14 Pamela Hammer ...............................Commission Member 15 Edward Lounds .................................Commission Member 16 Susan Caron.....................................Commission Member 17 Brad Culverhouse ............................Commission Member 18 Tod Mowery .....................................Commission Member 19 20 Members Absent 21 Britt Reynolds ..................................Vice-Chairman 22 Barry Schrader .................. ..............Commission Member 23 Stephanie Morgan ............................Commission Member 24 Kathryn Hensley ..............................Ex-Officio Member 25 26 Staff Present 27 Heather Young .................................Assistant County Attorney 28 Kara Wood........................................Planning Manager 29 Michael Brillhart ................................B siness and Concurrency Manager 30 Ron Harris ........................................County Surveyor 31 Britton DeWitt ...................................Senior Planner 32 Diana Waite ......................................Senior Planner 33 Michelle Hylton .................................Recording Secretary 34 35 C. Announcements 36 None. DRAFT Page 2 of 8 Planning and Zoning Commission September 16, 2010 Minutes 37 D. Disclosure 38 Mrs. Hammer stated she had correspondence with the applicant and agents for PGA America. 39 Mr. Mundt stated he met with staff about all of the agenda items 40 41 II. MINUTES 42 Review the minutes from the August 19, 2010 meeting for approval. 43 Mr. Lounds moved to approve the minutes as written. 44 Ms. Caron seconded. The motion carried 6-0. 45 III. PUBLIC HEARINGS 46 A. Chapter 5 LDC Revisions 47 Petition of St. Lucie County to amend Chapter 5 of the Land Development Code of St. 48 Lucie County. Staff comments and presentation by Michael Brillhart. 49 Mr. Brillhart stated he is still in the process of obtaining information from the Institute of Traffic 50 Engineers so they are requesting a continuation to the November meeting. 51 Chairman Mundt opened the public hearing. 52 No one spoke. 53 Chairman Mundt closed the public hearing. 54 Mrs. Hammer made the motion to continue to November 18. 55 Mr. Culverhouse seconded. The motion carried 6-0 56 B. PGA Village FLUMA: Ordinance No. 10-035 57 Petition of PGA Village for a Small Scale Future Land Use Map Amendment from RS 58 (Residential Suburban – 2 du/acre) to COM (Commercial). Staff comments and 59 presentation by Britton DeWitt. 60 Ms. Young asked Mrs. Hammer whether there would be any financial gain to her or the PGA 61 Village Board of Directors. Mrs. Hammer stated that the PGA was not a member of the PGA 62 Village homeowners’ association and any impact would affect all property owners in PGA 63 Village. Based upon Mrs. Hammers’ comments, Ms. Young stated there did not appear to be 64 a conflict for Mrs. Hammer on the petition 65 Mrs. Hammer disclosed that she is not a member of PGA of America. DRAFT Page 3 of 8 Planning and Zoning Commission September 16, 2010 Minutes Mrs. DeWitt 66 presented the petition. 67 Greg Boggs, of Lucido and Associates, representing the applicant, stated this would be a 68 phased project and the land use amendment is the first phase. He stated that in the future they 69 would submit a development application that would include a club expansion and lodge to 70 make an all inclusive resort environment. Mr. Boggs stated the team is here to answer any 71 questions. 72 The Commission discussed what would be allowed under the current approval, and about the 73 impact on existing hotels in the area. 74 Chairman Mundt opened the public hearing. 75 George Henderson, a PGA Village resident, spoke in favor of the petition, citing the financial 76 benefits of the proposed lodge and PGA America’s positive impact on the area so far. 77 Tom Can, a member of PGA and a PGA Village resident, stated he believes there is an over 78 abundance of places to stay in the area. He stated though he is a member and all for the PGA, 79 he is reluctant to support the hotel at this time. 80 Peter Perry, a PGA Village resident, spoke in favor of the petition. He stated PGA is a vital 81 business partner to the county, and he believes any development by them will be a positive 82 enhancement and contribute to long-term values. 83 Gene Antuna, a member of PGA, and a PGA Village resident, spoke in favor of the petition. He 84 stated he moved here because of PGA, and he believes supporting this is the best for them 85 and us. 86 David Gallup, a PGA Village resident, spoke in opposition to the petition, and stated he think it 87 would negatively affect the other hotels in the area. 88 Chairman Mundt closed the public hearing. 89 Mr. Mowery asked if the request was only for a small-scale amendment because he saw a 90 reference to an accompanying major adjustment to the PNRD petition. 91 Mrs. DeWitt stated in the pre-application letter there was talk of doing the adjustment at the 92 same time, but the applicant will not come forward until after approval of the land use 93 amendment. 94 Dennis Murphy, of Culpepper and Terpening, representing the applicant, stated they had 95 originally intended to submit both applications at the same time, but they decided to do the 96 plan amendment first, and then bring the major adjustment afterwards. DRAFT Page 4 of 8 Planning and Zoning Commission September 16, 2010 Minutes Mr. Culverhouse disclosed he was senior counsel and chairman 97 of the bankruptcy practice 98 division of Sachs Sax Caplan, who represented Associations within PGA Village. 99 Mr. Lounds stated he finds it rewarding that PGA would like to bring a benefit to St. Lucie 100 County during this economic situation. He believes corporate America will bring their sales 101 force and customers to the resort and the other area hotels will get the overflow. Mr. Lounds 102 stated he thinks it will stimulate the county’s economy. 103 Mrs. Hammer asked why the amendment area was 9.9 instead of 10 acres. 104 Mr. Murphy stated commercial land use amendments less than 10 acres may be approved at 105 the local level, rather than the state level, though the same standards of review need to be 106 met. Mr. Murphy stated lodging is not allowed in the RS-3 land use so they have to change to 107 Commercial. 108 Mrs. Hammer stated her concern that the land land use change will open up the possibility of 109 commercial uses other than the lodge. Ms. Hammer also stated concerns regarding the height 110 of the proposed lodge, and a flooding issue in the area. 111 Mr. Murphy stated though other uses could be applied, they would have to provide a specific 112 list of activities that will take place on the property when they go through the PNRD approval 113 process and the ultimate control will rest on the Board of County Commissioners. He stated 114 they are not in a position to commit to any height at this time because it is a design issue that 115 will be addressed as part of the PNRD. 116 Bob Baldassari, General Manager and PGA Professional at PGA Village, stated PGA brings a 117 lot of credibility and prestige to St. Lucie County, and they are not going anywhere. Mr. 118 Baldassari stated PGA has an ownership stake at the Hilton Garden Inn and would not want to 119 take away from that business. He stated the lodging component is years away. Mr. Baldassari 120 stated they are looking at ways to solve the flooding issue. 121 Mrs. Hammer stated she is disappointed there is no commitment to a height restriction, and 122 there was nothing in writing that this would strictly be a hotel. 123 Ms. Caron stated her concern they are being asked to trust PGA and in prior experience has 124 been let down by applicants that changed their plans after preliminary approval. 125 Mr. Murphy stated PGA of America has represented consistently during its tenure in St. Lucie 126 County that they will do a first class job in whatever they do. He stated he could not state a 127 specific height number because they have not finished the designs. 128 The Commission continued to discuss what may be approved with the petition, and their level 129 of comfort with it. DRAFT Page 5 of 8 Planning and Zoning Commission September 16, 2010 Minutes Ms. Young stated the petition is a future land use amendment and 130 it is not appropriate to 131 attach conditions to that approval or denial, if it is approved it will come back as an amendment 132 to the PNRD and at that time you will have more specific things to suggest. 133 Mr. Mundt stated the PNRD gives us the opportunity to shape a project to the benefit of 134 everyone. He stated he had not heard an objection from any hotels, or the Treasure Coast 135 Regional Planning Council. Mr. Mundt stated he has attended Tourist Development Council 136 meetings and PGA attends and is supportive of tourism in the area. Mr. Mundt stated staff 137 supports it, and it will go to the BOCC who have the community’s interest at heart. He stated 138 he will support this. 139 Mrs. Hammer asked if the land use change is approved, and the applicant came back with a 140 PNRD application for an industrial use, would that be approved. 141 Ms. Young stated it would not be automatic, but it allows them to apply for those uses. 142 Mr. Mowery stated this is part of a DRI and there are certain intensities that are provided for 143 and if they are exceeded it would need to go through an NOPC process, which is difficult. 144 Mr. Lounds made the motion: 145 After considering the testimony presented during the public hearing, including 146 staff comments, I hereby move that the Planning And Zoning Commission of St. 147 Lucie County recommend that the St. Lucie County Board of County 148 Commissioners approve the petition of PGA Reserve Inc., for a small-scale 149 amendment to the Future Land Use Map from RS (Residential Suburban – 2 150 Du/Acre) to COM (Commercial) because I think it will enhance the economy, 151 enhance the surrounding property, and I think it brings a lot of ingenuity to the 152 area. 153 Mr. Culverhouse seconded. The motion carried 5-1 with Mrs. Hammer dissenting. 154 (Mrs. Hammer left the Commission) 155 C. ROW Protection Map in LDC: Ordinance No. 10-036 156 Petition of St. Lucie County for a Text Amendment to the Land Development Code to 157 include the Right – of – Way Protection Map in Section 7.05.03. Staff comments and 158 presentation by Britton De Witt. 159 Mrs. DeWitt presented the draft map and proposed amendment. DRAFT Page 6 of 8 Planning and Zoning Commission September 16, 2010 Minutes The Commission discussed why some of the changes were made 160 to the map, and why it 161 would be moved from the Comp Plan to the Land Development Code with the assistance of 162 Mr. Harris. 163 Mr. Culverhouse asked whether specific roads were acquired yet. 164 Mr. Harris stated some of the proposed rights of way are developer driven, so the map will give 165 the County the legal right to request the right of way from the developer for impact fee credits 166 and or cash. 167 Mr. Mowery asked whether staff was comfortable with the fact that every time a change is 168 made to this map once it is in the LDC it will have to come before the Commission. 169 Mrs. DeWitt stated the amendments to the Comprehensive Plan are a more onerous process 170 than the amendments to the Code. 171 Mr. Harris stated in order to give us the legal right to exact the right of way from the developer; 172 it needs to have Board and Local Planning Agency review. 173 Ms. Young stated that is correct, by having it be formally adopted, it gives us protection, and it 174 makes it easier for developers to look at what is around their property. 175 Chairman Mundt opened the public hearing. 176 No one spoke. 177 Chairman Mundt closed the public hearing. 178 Mr. Lounds made the motion: 179 After considering the testimony presented during the public hearing, including 180 staff comments, I hereby move that the Planning and Zoning Commission of St. 181 Lucie County recommend that the St. Lucie County Board of County 182 Commissioners approve the text amendment to the Land Development Code to 183 include the updated Right-of-Way Protection Map because I think it provides us 184 with a consistent view of future land developments in St. Lucie County. 185 Ms. Caron seconded. The motion carried 5-0. 186 D. Solar Energy Ordinance: Ordinance No. 10-034 187 Petition of St. Lucie County to amend Chapters 2, 3, 4, 7 and 8 of and Land Development 188 Code relating to Solar Energy. Staff comments and presentation by Diana Waite. DRAFT Page 7 of 8 Planning and Zoning Commission September 16, 2010 Minutes The Commission discussed the types of solar usage covered in the 189 ordinance, and incentives 190 that may be offered to encourage solar use. 191 Chairman Mundt opened the public hearing. 192 No one spoke. 193 Chairman Mundt closed the public hearing. 194 Mr. Lounds made the motion to recommend approval of Ordinance 10-034. 195 Mr. Mowery seconded. The motion carried 5-0. 196 E. Eminent Domain Waivers Ordinance: Ordinance No. 10-033 197 Petition of St. Lucie County to amend the St. Lucie County Land Development Code to 198 provide for Eminent Domain Waivers by amending Section 2.00.00 “Definitions” to 199 include definitions of Acquiring Authority and Eminent Domain Waiver; further 200 amending Chapter 10 to add Section 10.03 “Eminent Domain Wavier” to provide for a 201 waiver where Eminent Domain action renders a site non-conforming; amending Board 202 of Adjustment power to include these waivers; providing for conflicting provisions; 203 providing for applicability; providing for severability; providing for filing with the 204 Department of State; providing an effective date; providing for adoption and providing 205 for codification. Staff comments and presentation by the County Attorney’s Office. 206 Ms. Smith presented the ordinance. 207 The Commission discussed how the property owners’ rights would be affected under this 208 ordinance. 209 Mr. Culverhouse suggested adding limiting language to the ordinance stating it would not be 210 introduced into evidence in any trial on the issue of severance damages. 211 Mr. Mowery suggested since there is no time constraint, the item be continued to review the 212 cases Mr. Culverhouse cited. 213 The Commission further discussed how the property owners’ rights would be affected under 214 the ordinance. 215 Mr. Mundt stated based on the comments we will send this back for further discussion, and he 216 would like Mr. Culverhouse to meet with the County Attorney’s office about it. 217 Chairman Mundt opened the public hearing. 218 No one spoke. DRAFT Page 8 of 8 Planning and Zoning Commission September 16, 2010 Minutes 219 Chairman Mundt closed the public hearing. 220 Mr. Lounds made the motion to continue the Ordinance to November 18, 2010 at 6:00 221 PM or as soon thereafter as possible. 222 Mr. Mowery seconded. The motion carried 5-0. 223 OTHER BUSINESS 224 Ms. Young stated Mrs. Hammer has been provided with a conflict memorandum for 225 Hardscapes from the last meeting, and we will provide copies of that to the Commission. 226 Mr. Lounds thanked staff for an interesting evening. 227 Mr. Mundt asked the Commission if they would like to combine November and December’s 228 items in the November meeting. The Commission concurred. 229 IV. ADJOURN 230 There being no further business, the meeting adjourned at 8:55. BY GEORGE ANDREASSI george.andreassi@scripps.com STUART — Martin County wants to look into developing a program to encourageenergyefficiency and solar power development along the lines of an initiative undertaken by St. Lucie County. TheMartinCountyCommissionvotedunanimously Tuesday to ask county officials to put together a strategy for developing solar power capabilities and improving the energy efficiency of homes and businesses. “It’s a phenomenal opportunity,” said Commissioner Patrick Hayes. “I don’t think we can act fast enough on this. This is an opportunity as a society we cannot afford to pass up on.” Commissioner Sarah Heard agreed. “This is fascinating stuff,” Heard said. “We should have been pursuing it long, long ago.” St. Lucie County Commissioner Doug Coward led a contingent of energy efficiency and solar energy expertswho outlinedapilot program underway in St. Lucie County. St. Lucie County is working with the U.S. Department of Energy’s Oak Ridge National Laboratory to create a sustainable communities demonstration project that includes energy conservation, energy efficiency, renewable energy and green building technologies among other things. Four banks have pledged up to $20 million to the program, which will make loans to homeowners to help them pay for improvements that save energy. The power of the sun should be harnessed to produce energy in the Sunshine State, Coward and the other experts said. One way to do that relatively easily is by installing solar thermal hot water heaters in houses and businesses, the experts said. Replacing old appliances, particularly air conditioners, with new energy efficient models also can help conserve power. A more advanced and expensive initiative is installing solar photo voltaic panels to generate energy, the experts said. The Indiantown Non-Profit Housing Inc. has 21 workers who have made improvements to 438houses inMartin, St. Lucie, Indian River andPalmBeachcounties to improve their energy efficiency as well as make themmore resistant to hurricanes, hurricanes, said Donna Carman, the group’s executive director. Tom Cooper, an architect, said he built a house in Jensen Beach with a variety of energy conservation features and has shown it to more than 300 people. “It’s not rocket science,” Cooper said. “It’s a very simple thing to pursue.” Martin taking cue fromSt. Lucie on energy efficiency initiative NOW is the Perfect Time to BUY your Home ! BY ELLIOTT JONES elliott.jones@scripps.com MARTIN COUNTY — A 37-year-old Hobe Sound resident is charged with DUI manslaughter in the death of a 44-year-oldmotorcyclisthe struckand ranoverMarch14 onStateRoadA1A, officials said. Michael Lookebill, of the 6300 block of Southeast Lockerby Place, is charged with manslaughter and two counts of DUI with property damage. On Tuesday he was in the Martin County Jail under a $26,000 bail. Killed in the accident was Charles Patrick Barry, of Hobe Sound. Barry was riding a 2004 Harley-Davidson north on S.R. A1A about 10:35 p.m. when he signaled to turn, near Osprey Street, in a no passing zone, court records show. Barry turned left as Lookebill was passing and the truck hit the back of the motorcycle, throwing Barry onto the roadway and in the path of the truck. Florida Highway Patrol reports show Lookebill’s blood alcohol level exceeded the allowable limit of 0.08 percent and he was also cited for speeding, said Assistant State Attorney Christopher Gaston. If convicted of DUI manslaughter, Lookebill could face up to 15 years in prison. Man chargedwithDUImanslaughter Lookebill PORT ST. LUCIE City celebrating LatinHeritageMonth Port St. Lucie is celebrating Latin Heritage Month in style at After 5 LIVE! from5:30 to 9 p.m. Friday. Thismonth’s outdoorAfter 5LIVE! eventwill feature the salsa,meringue, bolero and swingmusic performed by LaNuevaHerencia Latina Orchestra of Port St. Lucie. The event also will feature a classic car and motorcycle show, a great variety of food vendors, arts and crafts vendors, fun for the kids and so much more. Admission and parking are free. After 5 LIVE! takes place inVillage Square, locateddirectlyinfront of the Port St. Lucie Civic Center, 9221 S.E. Civic Center Place, on the southeast corner of U.S. 1 andWalton Road. ST. LUCIE COUNTY Hours cut atHurston, Port St.Lucie libraries Because of the drop intax revenues and reductions in staff, two St. Lucie County branch libraries will become “Express Service” branches with reduced operating hours, starting Oct. 13. ThePort St.LucieBranchLibrary and Zora Neale Hurston Branch Library will focus on basic library services such as providing Internet access and Wi-Fi, along with access to books, DVDs, CDs and children’s materials. Each library will now be open two days a week instead of five. The last day of full service hours for both libraries will be Saturday. The Port St. Lucie Branch, at 180 S.W. Prima Vista Blvd. will be open Wednesdays from10 a.m. to 6 p.m. and Fridays from9 a.m. to 5 p.m. The Zora Neale Hurston Branch, at 3008 Avenue D, Fort Pierce, will be open Thursdays from noon to 8 p.m. and Saturdays from 9 a.m. to 5 p.m. Formore information, visit:http://library.stlucieco.gov. Fromstaff reports BY ERIC WEISS AND JEROME BURDI Sun Sentinel A new policy bans onduty Florida Highway Patrol troopers from using hand-heldcellphoneswhile driving, ameasure aimedat keeping the roadways safe using officers as an example, authorities said. The ban went into effect Monday for the state’s 1,650 troopers. The Department of Highway Safety and Motor Vehicles considers the policy proactive since Florida has no prohibition againstholding a cellphone while talking and driving. Eight other states, including California and New York, have such bans. “Don’t wait on a law to tellyoutodo somethingyou knowyoushould be doing,” said David Westberry, spokesman for the DMV, which oversees state troopers, “When you get behind thewheel, pay attention.” Troopers may use their cell phones only with a hands-free device. “Members must be able to maintain both hands on the steering wheel while the vehicle is in motion,” the policy states. The The policy also requires troopers to pull over when using aGPSdevice or touse it in voice-activatedmode. Law enforcement agencies around the country have adopted similar bans. Westberry said troopers spend most of their day behind the wheel and should be alert. “This is their office, this is where they do business,” he said. “Certainly they have the ability to handle that responsibility, but they (should not) be distracted.” It is difficult to track the number of trooper-involved crashescausedbycellphone distractions, Westberry said, because the cause of thedistractionisnot always noted on tickets.Westberry saidhewasunaware of any trooper-involved fatalities in Florida caused by cellphone distractions. Banning cell phone use without ahands-free device is a good idea, said Richard Mangan, a criminal justice professor at Florida Atlantic University. “You’re trying to respond to an emergency call, if you’re using the cell phone there’s diversion in terms of where attention lies,” Mangan said. FHP bans its troopers fromtalking on hand-held cell phoneswhile driving BY BARBARA HIJEK Sun Sentinel ChrisGoodenof FortWaltonBeach sayshe realized too late thathe shredded a Florida Lottery ticket worth $14.5 million. He went back through his shredder butwas able to find only four pieces of what he believes is the winning ticket, and those pieces show three of the six numbers from the Sept. 22 drawing, reports the Northwest Florida DailyNews. He says he played numbers on the back of his fortune cookie note from lunch that day at the Tokyo Express Chinese Restaurant. Twopeoplecorrectlychosetheright numbers for the $29million drawing, according to the Florida Lottery. One ticket was sold at the Shell Station at the corner of Racetrack Road and Beal Parkway. The other was a quick pick sold in Aventura. Florida Lottery uses a forensics lab to help people with problem tickets claimtheirprizes, according to aFlorida Lottery spokesperson. Gooden said he bought gas and a number of lottery tickets at the Shell Station on Sept. 20.He He said he put the ticket in his truck, which he sold the next day. He saidwhen he realized he mighthave thewinning ticket,hewas worried he’d left it in the truck. After searching the truck, he realized he’d brought in a stack of papers from the vehicle and shredded some of them, including the lottery ticket. Gooden even went back and found a few pieces of the ticket in the teeth of the shredder. The rest went to the landfill Sept. 28 with the household trash. Gooden told the Northwest Florida Daily News he went to the landfill, but officials wouldn’t allow himto search for the fragments. “My heart just sunk,” he said. “I just sat there feeling real stupid.” Man claims he shreddedwinning lottery ticket Fourbankshavepledgedupto$20 milliontotheprogram,whichwillmake loans tohomeowners tohelpthempay for improvements that save energy. SL • WEDNESDAY, OCTOBER 6, 2010 • SCRIPPS TREASURE COAST NEWSPAPERS • B3 adinfo="2465450|46 board news|15612364|7.000|2.000|N|0" NOTICE OF PUBLIC MEETING The St. Lucie Transportation Planning Organization (St. Lucie TPO) announces a public meeting to which all interested persons are invited. Date and Time: Wednesday, October 6, 2010, 2:00pm Location: Port St. Lucie City Council Chambers 121 SW Port St. Lucie Boulevard Port St. Lucie, Florida Nature of Meeting Amendment to the FY 2010/11 – FY 2014/15 Transportation Improvement Program (TIP): Notification of an approved amendment to the TIP to incorporate the FY 2010/11 Roll-Forward Report. Resolution No. 10-02: A resolution approving the Public Transportation Joint Participation Agreement with the Florida Department of Transportation for Federal Transit Administration Section 5303 Metropolitan Planning Grants. Appointment to the Bicycle-Pedestrian Advisory Committee (BPAC): Appointment of a Resident Bicycling Representative to the BPAC. TPO Employee Policies and Procedures: Adoption of the employee policies and procedures contained in the St. Lucie County Employee Handbook as the TPO Employee Policies and Procedures. Congestion Management Process (CMP) Major Update: Approval of the scope of services for the CMP Major Update. US-1 Corridor Intersections Pedestrian Safety Study: Approval of the scope of services for the US-1 Corridor Intersections Pedestrian Safety Study. Draft Interlocal Agreement for the Treasure Coast Regional Transit Organization (TCRTO): Review and discussion of the Draft Interlocal Agreement for the TCRTO. 2011 Legislative Priorities: Discussion of the St. Lucie TPO 2011 Legislative Priorities. NOTE: Anyone with a disability requiring accommodation to access this facility should contact Dan Lutzke, St. Lucie County Risk Manager, at 772-462-1546 or TDD 772-462-1428 at least 48 hours prior to the meeting. Anyone with a disability requiring transit accommodation to attend this meeting should contact Community Transit at 772-464-7433 (Fort Pierce) or 772-879-1287 (Port St. Lucie) at least 48 hours prior to the meeting. The St. Lucie TPO satisfies the requirements of various non-discrimination laws and regulations including Title VI of the Civil Rights Act of 1964. Public participation is solicited without regard to race, color, national origin, age, sex, religion, disability or family status. Persons wishing to express their concerns about Title VI should contact the St. Lucie TPO at 772-462-1593. Items not included on the agenda may also be heard in consideration of the best interests of the public’s health, safety, welfare, and as necessary to protect every person’s right of access. If any person decides to appeal any decision made by the St. Lucie TPO with respect to any matter considered at this meeting, that person shall need a record of the proceedings, and for such a purpose, that person may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is to be based. Crèole: Si ou ta rinmin recevoua information sa en crèole si l bous plait rèlè 772-462-1777. Español: Si usted desea recibir esta informaciòn en español, por favor llame al 772-462-1777. 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Telephone: 772-462-1593 Facsimile: 772-462-2549 Transportation Planning for Fort Pierce, Port St. Lucie, St. Lucie Village and St. Lucie County adinfo="2468869|46 rwpm|15612365|10.000|2.000|N|0" ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA October 19, 2010 NOTICE OF LAND DEVELOPMENT CODE TEXT CHANGE The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following by ordinance: ORDINANCE NO. 10-036 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO UPDATE THE RIGHT-OF-WAY PROTECTION MAP AND AMENDTHE TEXT OF THE LAND DEVELOPMENT CODE TO INCLUDE THE MAP IN SECTION 7.05.03; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE;AND PROVIDING FOR ADOPTION. APPLICANT: Board of County Commissioners, St. Lucie County FILE NUMBER:TLDC 720104076 This is the first of two public hearings on this item that will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on October 19, 2010, beginning at 6:00 P.M. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department -Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call 772/462-2822 or TDD 772/462-1428 if you have any questions or require additional information. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Risk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/CHARLES GRANDE, CHAIRMAN PUBLISH DATE: October 6, 2010 a di nf o= " 24 66 5 57 |3 5/d iv ro ce an d fa m il |1 0 02 94 48 | 2. 00 0| 2 .0 00 | N| 0" DIVORCE & FAMILY LAW LAW OFFICES OF ERIC G. OLSEN 1333 NE Jensen Beach Boulevard • Jensen Beach EGOLAW.com 772-225-3393 BUSINESS LITIGATION LEGAL MALPRACTICE Publication Date: 10/06/2010 Ad Number: 2468869 Insertion Number: Size: 2 x 10 Color Type: B&W Client Name: Advertiser: SLC GROWTH MANAGEMENT Section/Page/Zone: Local/B03/St Lucie News Tribune Description: 46 rwpm This E-Sheet(R) is provided as conclusive evidence that the ad appeared in Treasure Coast News/Press-Tribune on the date and page indicated. You may not create derivative works, or in any way exploit or repurpose any content. AGENDA REQUEST ITEM NO. III-C DATE: 09/16/10 REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( X ) QUASI-JD ( ) CONSENT ( ) TO: Planning and Zoning Commission PRESENTED BY: Britton De Witt SUBMITTED BY: Planning and Development Services Department Senior Planner SUBJECT: Right-of-Way Protection Map BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Recommend adoption of the text amendment to the LDC to include the Right-of-Way Protection Map in Section 7.05.03 (Ordinance No. 10-036). Coordination/Signatures County Attorney ( X ) County Surveyor ( X ) . Daniel S. McIntyre Ron Harris County Engineer ( X ) ERD ( ) Michael Powley Karen Smith Originating Dept. ( X ) Mark Satterlee Planning and Development Services Department M E M O R A N D U M TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager FROM: Britton De Witt, Senior Planner Planning Division DATE: September 16, 2010 SUBJECT: Adoption of Right-of-Way Protection Map into Land Development Code. ITEM NO.: III-C 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 present in the Comprehensive Plan and updates to the data would be more efficient if located in the Land Development Code. 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 the proposed roadway updates highlighted in yellow, and following is a table listing each update: ROW Map Text Amendment September 2, 2010 Page 2 Adopted Roads Being Added to Map Change Koblegard Rd add to map, extend south of Indrio Rd New E-W Tobias Rd new TVC Area road New E-W Sebastian Rd new TVC Area road Johnston Rd widen to 4 lanes, intersect w/Emerson Ave, extend to St. Lucie Blvd Seminole Rd connect Seminole Rd, north of Indrio Rd Indrio Rd-Emerson Ave to US1 reduce from 4 lanes to 2 lanes West of I-95 from County line to Indrio Rd new TVC Area road New North Fly-Over (connects with Shinn Rd ext) new TVC Area road Shinn Rd-northern ext from Indrio Rd to Turnpike widen from 2 lanes to 4 lanes Indrio Rd from I-95 to Shinn Rd (north ext) widen from 2 lanes to 4 lanes New South Fly-Over new TVC Area road New E-W "A" Rd new TVC Area road Connector from E-W "A" Rd south to Johnston Rd new TVC Area road Proposed Changes to Map Change Kings Hwy widen from 4 lanes to 6 lanes Taylor Dairy Rd add to map, 2 lanes Emerson Ave/Johnston Rd connect Emerson Ave to Johnston Rd, 2 lane Keen Rd reduce from 4 lanes lanes to 2 lanes Angle Rd, west of Kings Hwy widen from 2 lanes to 4 lanes McNeil Road remove McNeil Rd extension from Orange Ave to Okeechobee Rd Graham Road remove Graham Rd extension from Jenkins Rd to Hartman Rd Graham Road remove Graham Rd extension from Kings Hwy to Rock Rd Jenkins Rd widen from 2 lanes to 4 lanes Selvitz Rd remove Selvitz Rd from Kirby Loop Rd to Edwards Rd Selvitz Rd widen from 2 lanes to 4 lanes Sunrise Blvd add Sunrise Blvd to map, 2 lanes Lennard Rd extension reduce from 4 lanes to 2 lanes Shinn Rd/Range Line Rd connect Shinn Rd to Range Line Rd, 4 lanes Range Line Rd widen from 2 lanes to 4 lanes remove C-24 Canal Rd from Shinn Rd to Carlton Rd The right-of-way protection areas pertaining to the Towns Villages and Countryside (TVC) are included. The TVC roadways have already been adopted into the Comprehensive Plan for right-of-way protection and are just being incorporated into this graphic. The Jenkins Road Area Plan identifies right-of-way dedication requirements found in Section 4.12.12, which is referenced on the proposed RWPM. Table 7-15 in the draft ordinance is being updated to add eight lane arterials and their minimum right-of-way width of 200 feet. Previous Action: None. Recommendation: Staff recommends that the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners for the text amendment to the LDC to include the Right-of-Way Protection Map in Section 7.05.03 (Ordinance No. 10-036). ROW Map Text Amendment September 2, 2010 Page 3 Suggested motion to recommend approval/denial of this request: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE TO INCLUDE THE UPDATED RIGHT-OF-WAY PROTECTION MAP BECAUSE…. [CITE REASON(S) WHY – PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPROVAL OF THE TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE TO INCLUDE THE UPDATED RIGHT-OF-WAY PROTECTION MAP BECAUSE…. [CITE REASON(S) WHY – PLEASE BE SPECIFIC] 1 ORDINANCE NO. 10-036 2 Text Amendment to the Land Development Code 3 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. 5 LUCIE COUNTY, FLORIDA, TO UPDATE THE RIGHT-OF-WAY PROTECTION 6 MAP AND TO APPROVE AMENDING THE TEXT OF THE LAND DEVELOPMENT 7 CODE TO INCLUDE THE MAP IN SECTION 7.05.03; PROVIDING FINDINGS; 8 PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR 9 SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING 10 WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR AN 11 EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. 12 13 WHEREAS, the Board of County Commissioners has made the following determinations: 14 15 1. This Board is authorized by Section 125.01(1)(h), Florida Statutes to establish, 16 coordinate and enforce zoning and such business regulations as are necessary for the 17 protection of the public; and, 18 19 2. This Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions 20 necessary for the exercise of its powers and to prescribe fines and penalties for the 21 violations of ordinances in accordance with law. 22 23 3. On August 1, 1990 the Board of County Commissioners of St. Lucie County Florida 24 adopted the St. Lucie County Land Development Code. 25 26 4. On September 16, 2010, the Planning and Zoning Commission held a public hearing 27 on the proposed ordinance after publishing notice in the St. Lucie News Tribune at 28 least 10 days prior to the hearing and recommended that the proposed ordinance be 29 approved/denied. 30 31 5. On _________, 2010, this Board held its first public hearing on the proposed 32 ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on 33 ________, 2010. 34 35 6. On _________, 2010, this Board held its second public hearing on the proposed 36 ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on 37 ________, 2010. 38 39 7. The proposed amendment to the St. Lucie County Land Development Code is 40 consistent with the general purpose, goals, objectives and standards of the St. Lucie 41 County Comprehensive Plan and are in the best interest of the health, safety and 42 public welfare of the citizens of St. Lucie County, Florida. 43 44 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie 45 County, Florida: 46 47 A. The specific amendment to the St. Lucie County Land Development Code to read as 48 follows in underline format: Ordinance No. 10-036 File No.: TLDC 720104076 Page 2 7.05.03. Rights-of-Way Determinations and De 1 dications, Improvements 2 3 “Rights-of-Way Protection Map” (See Exhibit A) 4 5 TABLE 7-15: ROADWAY TYPE MINIMUM RIGHT-OF-WAY WIDTH Arterial (8 lane) 200 Arterial (6 lane) 200 Arterial/Collector (4 lane) 160 Arterial/Collector (2 lane) 80 Local Road (w/swale drainage) 70 Local Road (w/closed drainage--curb and gutter) 60 All distances expressed in feet. Actual dimensions to be site determined and may be greater or less than expressed minimums given site conditions and specific roadway design requirements. Additional right-of-way will be at the request of the County Engineer or his/her designee. The Board of County Commissioners may modify standard right-of-way widths for Planned Unit Development if the intent of the ordinance is being upheld. 6 7 B. CONFLICTING PROVISIONS 8 9 Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie 10 County, County Ordinances and County Resolutions, or parts thereof, in conflict with this 11 Ordinance are hereby superseded by this Ordinance to the extent of such conflict. 12 13 C. SEVERABILITY 14 15 If any portion of this Ordinance is for any reason held or declared to be unconstitutional, 16 inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If 17 this Ordinance or any provisions thereof shall be held to be inapplicable to any person, 18 property, or circumstances, such holding shall not affect its applicability to any other person, 19 property or circumstance. 20 21 D. APPLICABILITY OF ORDINANCE 22 23 This Ordinance shall be applicable in the unincorporated area of St. Lucie County. 24 25 E. FILING WITH THE DEPARTMENT OF STATE 26 27 The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the 28 Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 29 30 F. EFFECTIVE DATE 31 32 This ordinance shall take effect upon filing with the Department of Stat e. Ordinance No. 10-036 File No.: TLDC 720104076 Page 3 1 G. ADOPTION 2 3 After motion and second, the vote on this Ordinance was as follows: 4 5 Charles Grande, Chairman XXX 6 7 Doug Coward, Vice-Chair XXX 8 9 Chris Dzadovsky, Commissioner XXX 10 11 Chris Craft, Commissioner XXX 12 13 Paula Lewis, Commissioner XXX 14 15 16 PASSED AND DULY ADOPTED this ___________ day, 2010. 17 18 ATTEST: BOARD OF COUNTY COMMISSIONERS 19 ST. LUCIE COUNTY, FLORIDA 20 21 22 23 _________________________ BY:_______________________________ 24 Deputy Clerk Chairman 25 26 APPROVED AS TO FORM AND 27 CORRECTNESS: 28 29 30 31 __________________________________ 32 County Attorney 7.05.03. Rights-of-Way Determinations and Dedications, Improvements. A. St. Lucie County Thoroughfare Network Right-of-Way Protection Plan. 1. Findings. Action must be taken to plan, designate, and develop transportation corridors within St. Lucie County for the following reasons: a. Traffic congestion and overcrowding on the State Highway System and County Road System constitute a serious and growing problem, which impedes the development of an effective County-wide transportation system, results in increased incidents of traffic accidents, personal injury, and property damage or loss, impedes sound economic growth, impairs effective growth management, discourages tourism, increases maintenance costs, shortens the effective life of transportation facilities, delays public evacuation for natural storms and emergencies, impairs national defense and disaster response readiness, delays response time for emergency vehicles, significantly increases public infrastructure needs and associated costs related to the provisions of police, fire, accident, medical, and hospital services, impairs air quality and otherwise is injurious to the public health, safety, and welfare. b. The designation and protection of transportation corridors and the planning and development of transportation facilities within transportation corridors will substantially assist in allowing St. Lucie County to mitigate traffic congestion and overcrowding on the State Highway System and County Road System, and aid in the development of an effective uncongested and adequately maintained County-wide transportation system. c. Transportation corridors cannot be developed without timely identification, preservation, and protection through regulation, or acquisition of property necessary to accommodate existing and planned transportation facilities within the State Highway System and County Road System. d. Protecting, preserving, and timely acquiring property for the development of transportation facilities within the transportation corridors will also prevent the creation of the health, safety and welfare problems and liabilities described above from burdening the County with increasing public revenue requirements, will substantially aid the sound planning for growth, assist the provision of transportation facilities concurrent with the impact of development, expedite the provision of an adequate State Highway system and County Highway System for the residents of the County, alleviate traffic problems, and substantially enhance the elimination of traffic hazards and the improvements of traffic facilities. e. The St. Lucie County Comprehensive Plan in Policies 1.1.7.3 and 2.1.3.1 directs that appropriate measures should be taken in order to protect the level of service standards on all public roadways within the unincorporated county which include the State Highway System and County Road System. The Comprehensive Plan also directs that land development adjacent to roads where there is substantial right-of-way requirements pursuant to County specifications should provide for dedication of sufficient additional right-of-way to bring the adjacent right-of-way up to minimum County standards. 2. General. The St. Lucie County Thoroughfare Network Right-of-Way Protection Plan shall identify existing and future transportation corridors and transportation facilities, and shall serve as the implementing Section of the Transportation Element of the St. Lucie County Comprehensive Plan. 3. Purpose. The purpose of the Thoroughfare Network Right-of-Way Protection Plan is: a. To identify the rights-of-way needed for both County and Inter-County Road Systems in conjunction with the State Highway System to ensure county and regional continuity of the transportation system for St. Lucie County. b. To encourage municipalities within St. Lucie County to adopt similar Thoroughfare Network Right-of-Way Protection Plans that are consistent with the County's Thoroughfare Network Right-of-Way Protection Plan. c. To utilize as many existing rights-of-way as is reasonably possible, and to anticipate future needs in areas where rights-of-way do not exist. d. To establish right-of-way widths for future transportation facilities. e. To establish and encourage harmonious, orderly and progressive development of the County Road system and State Highway System in St. Lucie County, that would assure safer and more efficient traffic circulation. f. To adequately plan for the future transportation needs of St. Lucie County and its citizens. B. Review of the Thoroughfare Network Right-of-Way Protection Plan. The Thoroughfare Network Right-of-Way Protection Plan shall be reviewed by each of the following the Growth Management Director, Public Works Director, St. Lucie Metropolitan Planning Organization, and the St. Lucie County Board of County Commissioners at least one (1) time every two (2) years to assess the necessity for continuing the protection of the transportation corridors and the necessity for retaining the property acquired for the transportation corridor. 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. Any additions or deletions from this plan shall be accompanied by the appropriate amendments to the Transportation Element of the St. Lucie County Comprehensive Plan. C. Minimum Right-of-Way and Typical Section Requirements. The following minimum right-of-way widths (Table 7-15) shall be used in considering land dedication needs for roadways identified on the Thoroughfare Network Right-of-Way Protection Plan. TABLE 7-15 ROADWAY TYPE MINIMUM RIGHT-OF-WAY WIDTH Arterial (8 lane) 200 Arterial (6 lane) 200 Arterial/Collector (4 lane) 160 Arterial/Collector (2 lane) 80 Local Road (w/swale drainage) 70 Local Road (w/closed drainage--curb and gutter) 60 All distances expressed in feet. Actual dimensions to be site determined and may be greater or less than expressed minimums given site conditions and specific roadway design requirements. Additional right-of-way will be at the request of the County Engineer or his/her designee. The Board of County Commissioners may modify standard right-of-way widths for Planned Unit Development if the intent of the ordinance is being upheld. PORT ST. LUCIE 9/11 tribute, exhibit coming toCivicCenter The City of Port St. Luciewill have a 9/11 Memorial Tribute that will include the opening of an exhibition in the Civic Center Art Gallery. The tributewill beginwith a ceremony at 8:30 a.m. Sept. 11 in the Civic Center’s Village Square. The art exhibit will remain open for twoweeks. The ceremony will include several speakers who were involved with the aftermath and cleanup at ground zero, including an agentwith theU.S. Department of Homeland Security anda retiredmember of theNewYork Police Department Counter-Terrorism Bureau. Anyone who suffered a personal loss onSept. 11, 2001,because of the terrorist attacks are invited to be seated in a designated area in VillageSquare, tohonor their lovedones. Admission and parking are free. The Port St. Lucie Civic Center is at 9221 S.E. Civic Center Place. TREASURE COAST Contest seeks best videos fromhigh school football State Farm Insurance Companies is kicking off Friday Night Feats, a national high school football video contest to find the biggest moments of the season. Players, parents, and fans can win up to $17,500 for their high school. Eligible fans, coaches, players and communitymembers cansubmit videos to the State Farm Friday Night Feats contest page,FridayNightFeats. com, fromthroughNov. 24. Videoswill be submitted and voted on by the public during two time periods or “halves.” The first half ends Oct. 7 and the second is Oct. 8 through Nov. 24. Viewers will determine 26 finalist nominees from each half by voting on the Friday Night Feats page. The 52 finalist nominees will each receive a prize of $2,500 for their respective school. Apanel of qualifiedjudgeswillnarrowthe field downto the top 10 videos based on the “wow” factor, athleticism, impact of the play and creativity of the video, which will include a title and brief description of the play. Voting for first and second place and the grand prize winner will be Dec. 2 until Dec. 10. The winners will be announced onDec. 13.Cashprizes for the topvideos are $15,000 for the grand prize, $10,000 for first place and $5,000 for second place. TREASURE COAST Child safety program to ramp up awareness Never LeaveAChildUnattended is carrying out the largest public awareness campaign in the organization’s 17-year history. AsLaborDayweekend approaches, thecampaignis featuringanewposter design and even greater involvement by community organizations. The program alerts parents and other caregivers to the dangers of leaving children unsupervised, even for just a fewminutes. “It’s especially important, now that the busy Labor Day weekend is approaching, that parents and caregivers be alert to the dangers children can face while we’re all enjoying our pools, cookouts and other end-ofsummer activities,” saidAmyKryak, co-founder of the campaign with her husband, Port St. Lucie Police Capt. Don Kryak. The 2010NeverLeaveAChildUnattended campaignalso includes public service advertisements in area newspapers, and on local radio and television stations. For more information or to request programmaterials, contact:neverleaveachildunattended.org, or call (772) 878-8878. PORT ST. LUCIE Watercraft rentals available atHillmoorLakePark Port St. Lucie and Up the Creek with a Paddle have formed a partnership to offer swan boat, paddle boat and kayak rental services on weekends, starting Saturday at Hillmoor Lake Park on theWoodstork Trail. Hourly and daily rates are available, and charter services and party rentals canbe arranged.Reservations are recommended. For more information, contact Up the Creek with a Paddle at (772) 323-7773 or upthecreekfl@hotmail.com. TREASURE COAST FPLoffers resources, grants to local schools Florida Power & Light Co. offers local schools access to funding and science programs about energy, solar power and conservation. Teachers can apply for grants for renewable energy education classroomprojects.Schoolsalsocansubmit requests for free assembly presentations by FPL’s popular educational characters,CaptainConservationand ProfessorWhys. Renewable Energy TeacherGrants are awarded in increments of $500 or $1,000. Applications are available at FPL.com/community/learning/solarschools.shtml.Deadline to apply isOct. 15 andwinnerswill announced by Dec. 1. A broad range of energy and solar educational tools, activities and projects for all grade levels are available. Teachers can access FPL’s free solar curriculum at FPL.com/community/learning/solar chools. shtml.To request a presentationfrom FPL’s school assembly program, visit theProfessorWhysorCaptainConservation link at FPL.com/education. Fromstaff reports Labor Day is Monday, Sept. 6. SCHOOLS St. Lucie County Public Schools: Closed Sept. 6 Okeechobee Public Schools: Closed Sept. 6 IRSC: Closed Sept. 6 FAU: Closed Sept. 6 GARBAGE PICKUP Fort Pierce Department of Solid Waste: No pickup Sept. 6. Waste Pro: Regular service Sept. 6 St. Lucie County Landfill: Closed Sept. 6. Waste Management of Okeechobee: Regular pickup Sept. 6; landfill closed. POST OFFICE No delivery Sept. 6. PUBLIC TRANSPORTATION St. Lucie County Community Transit: No service Sept. 6 Treasure Coast Connector: No service Sept. 6 ST. LUCIE NEWS TRIBUNE Business offices closed Sept. 6. BANKS All financial institutions contacted will be closed Sept. 6; contact your financial institution for specific hours. PHARMACIES All pharmacies contacted will be open Sept. 6; contact your pharmacy for specific hours. GROCERY STORES All groceries contacted will be open Sept. 6; contact your grocery for specific hours. MALLS Indian River Mall: Open regular hours Sept. 6 Treasure Coast Square mall: Open regular hours Sept. 6 LIBRARIES St. Lucie County public libraries: Closed Sept. 6 Okeechobee County public libraries: Closed Sept. 6 GOVERNMENT St. Lucie County: Closed Sept. 6. Supervisor of Elections: Closed Sept. 6. St. Lucie County Tax Collector: Closed Sept. 6. City of Port St. Lucie: Closed Sept. 6. City of Fort Pierce: Closed Sept. 6. Okeechobee County: Closed Sept. 6. City of Okeechobee: Closed Sept. 6. COURTS St. Lucie County Courthouse: Closed Sept. 6. Federal Courthouse, Fort Pierce: Closed Sept. 6. Okeechobee County Courthouse: Closed Sept. 6. LAW ENFORCEMENT ADMINISTRATIVE OFFICES St. Lucie County Sheriff’s Office: Closed Sept. 6. Fort Pierce Police: Closed Sept. 6. Port St. Lucie Police: Closed Sept. 6. ST. LUCIE AND OKEECHOBEE COUNTY LABOR DAY CLOSINGS SL • FRIDAY, SEPTEMBER 3, 2010 • SCRIPPS TREASURE COAST NEWSPAPERS • B3 adi nfo="24 56623|54 |15618 416|2.0 00|2.0 00|N|0" La Casa Check Cashing Service WE CASH CHECKS! 772-204-2775 1054 Port St Lucie Blvd Bridge Plaza near Lefty’s behind McDonalds adinfo="2456578|46 rwpm|15612365|10.000|2.000|N|0" ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA September 16, 2010 NOTICE OF PROPOSED LAND DEVELOPMENT CODE TEXT CHANGE The St. Lucie County Planning and Zoning Commission is scheduled to review and make recommendations regarding the following item petitioned for adoption by the Board of County Commissioners of St. Lucie County, Florida, by Ordinance. ORDINANCE NO. 10-036 An Ordinance of the Board of of County commissioners of St. Lucie County, Florida, to update the right-of-way protection map and to approve amending the text of the land development code to include the map in section 7.05.03; providing findings; providing for conflicting provisions; providing for severability; providing for applicability; providing for filing with the florida department of state; providing for an effective date; and providing for adoption. APPLICANT: St. Lucie County The Planning and Zoning Commission PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on September 16, 2010 beginning at 6:00 P.M. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission should be received by the Planning and Development Services Department -Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call 772/462-2822 or TDD 772/462-1428 if you have any questions or require additional information. The St. Lucie County Planning and Zoning Commission has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approval or disapproval, any applications within their area of responsibility. The proceedings of the Planning and Zoning Commission are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/CRAIG MUNDT, CHAIRMAN PUBLISH DATE: September 3, 2010 adinfo="2455622|110/hip implant reca|10016762|10.000|3.000|N|0" The Johnson Law Firm ...providing access to justice for the injured injured CALL NOW! TOLL FREE Claims handled nationwide. Local meetings with lawyers are available nationwide by appointment only. Principal office in Fort Worth, TX. Phone answered 24/7/365 Call now! 1-888-309-9198 The recent recall and/or suspension of sales of these hip replacements is the result of the high failure rates reported by doctors to the FDA. Patients who have been implanted with either of these defective hip implant devices may be entitled to medical monitoring and money damages. 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LUCIE COUNTY LAND DEVELOPMENT CODE REGARDING SOLAR ENERGY BY AMENDING SECTION 2.00.00; BY AMENDING SECTION 3.01.03 ZONING DISTRICTS; BY AMENDING SECTION 4.03.03 LIMITATIONS ON LAND USE APPLICATIONS AND 4.03.05 RESEARCH AND EDUCATION PARK OVERLAY ZONE USE LIMITATIONS; BY CREATING SECTION 7.10.28 SOLAR ENERGY SUPPLEMENTAL STANDARDS; BY AMENDING SECTION 8.00.03 PARTICULAR PERMITTED ACCESSORY STRUCTURE AND USES IN RESIDENTIAL, AGRICULTURAL, AND PLANNED UNIT DEVELOPMENTS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE. APPLICANT: St. Lucie County LOCATION OF AFFECTED PROPERTY: Unincorporated St. Lucie County The Planning and Zoning Commission/Local Planning Agency PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Thursday, September 16, 2010 beginning at 6:00 P.M. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission/Local Planning Agency should be received by the Planning and Development Services Department -Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call 772/462-2822 or TDD 772/462-1428 if you have any questions or require additional information. The St. Lucie County Planning and Zoning Commission/Local Planning Agency has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approval or disapproval, any applications within their area of responsibility. The proceedings of the Planning and Zoning Commission/Local Planning Agency are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Planning and Zoning Commission/Local Planning Agency with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Risk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822 or T.D.D. (772) 462-1428. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/CRAIG MUNDT, CHAIRMAN PUBLISH DATE: September 3, 2010 Publication Date: 09/03/2010 Ad Number: 2456578 Insertion Number: Size: 2 x 10 Color Type: B&W Client Name: Advertiser: SLC GROWTH MANAGEMENT Section/Page/Zone: Local/B03/St Lucie News Tribune Description: 46 rwpm This E-Sheet(R) is provided as conclusive evidence that the ad appeared in Treasure Coast News/Press-Tribune on the date and page indicated. You may not create derivative works, or in any way exploit or repurpose any content.