POLISCOPE

The public record

ST. LUCIE COUNTY · LOCALDecisions and attributed speech publishedPartial coverage

Board of County Commissioners Regular Meeting (2024-12-03)

Tuesday, December 3, 2024 · County government meeting record

The 30-second read

Recorded outcome

New Horizons Grant Agreement

The Board of County Commissioners approved a major land use change for the Rainbow Groves development, authorized a 20-year mining permit extension for Florida Rock Industries, and updated building and mining permit regulations. The meeting also included the approval of several infrastructure projects and a new residential development on North Kings Highway.

Why it matters

These decisions authorize significant industrial expansion, new residential construction, and changes to local building and mining permit processes that will impact future development, traffic, and land use in St. Lucie County.

What happens next

Next meeting: Tuesday, December 10, 2024.

Official minutes publish outcomes and identify speakers and the topics they addressed.

Captured actions

7

Recorded outcomes

7

Source artifacts

1

What changed

Other key decisions

7 captured items have a publicly linked outcome. These 5 are the clearest resident summaries in the record.

Search all 7 meeting actions

Recorded votes

Watch the meeting The recording is not indexed to individual votes.

9 recorded votes0 split

Split votes (0)

Every recorded vote passed unanimously.

Unanimous votes (9)

Voting yes on all of these (5)

Jamie Fowleryes
Larry Leetyes
James Clasbyyes
Erin Lowryyes
Cathy Townsendyes

1. APPROVAL OF AGENDA - ADDITIONS, DELETIONS, REVISIONS

Yes
5
No
0

2. APPROVAL OF MINUTES

Yes
5
No
0

3. CONSENT AGENDA

Yes
5
No
0

4. Motion

Yes
5
No
0

5. Uses. Permitted, conditional, and accessory uses in the IL (Industrial Light) and IH (Industrial,

Yes
5
No
0

6. Motion

Yes
5
No
0

7. Motion

Yes
5
No
0

8. Motion

Yes
5
No
0

9. Motion

Yes
5
No
0

Money

People and votes

Cathy Townsend

Present at this meeting

7 recorded votes

  1. Recorded vote

    APPROVAL OF AGENDA - ADDITIONS, DELETIONS, REVISIONS A motion to approve all additions, deletions, and revisions to the agenda was made, and it passed unanimously - Voted yes; the record reports passed.

    Official record
  2. Recorded vote

    Moved by Larry Leet, seconded by Cathy Townsend — APPROVE - Voted yes; the record reports passed.

    Official record
  3. Recorded vote

    Moved by Cathy Townsend, seconded by James Clasby — APPROVE - Voted yes; the record reports passed.

    Official record
  4. Recorded vote

    A motion was made to approve staff recommendations, as discussed/amended, and upon roll call it passed unanimously - Voted yes; the record reports passed.

    Official record
  5. Recorded vote

    A motion was made to approve staff recommendations, including the following conditions: a 15 ft - Voted yes; the record reports passed.

    Official record
  6. Recorded vote

    A motion was made to approve staff recommendations, and it passed unanimously - Voted yes; the record reports passed.

    Official record
  7. Recorded vote

    A motion was made to approve staff recommendations, conditions must be met for final approval from the County Engineer before proceeding further, and it passed unanimously - Voted yes; the record reports passed.

    Official record
See all 9 roll calls with named votes

What people said

Attributed speechA separate authority lane. Speech is evidence of what a person said, never of what the board decided.
  • The official minutes identify speakers and topics, but summarize rather than quote their exact words.

Record text

No transcript is held for this meeting. Recording: Media

Showing the first 60,000 of 86,565 characters. The full document is at the source.

BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting December 3, 2024 Convened 6:00 PM Adjourned 12:06 AM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chair Jamie Fowler, District No. 4. Present Commissioner Jamie Fowler District 4, Commissioner Larry Leet District 2, Commissioner James Clasby District 1, Commissioner Erin Lowry District 3, Commissioner Cathy Townsend District 5 Also Present Dan McIntyre, County Attorney George Landry, County Administrator Mayte Santamaria, Deputy County Administrator Jason Davis, Deputy County Administrator Katherine Barbieri, Assistant County Attorney III Michael Jerrahian, County Building Official Irene Szedlmayer, Planning & Development Services Senior Planner Kori Benton, Planning & Development Services Planning Manager Edmund Bas, P.E., Assistant County Engineer Patrick Dayan, Public Works Director Benjamin Balcer, Planning & Development Services Director Daniel Zrallack, County Engineer Katrina Slay, Executive Aide to County Administration/Agenda Coordinator Sydney Halleran, Agenda Coordinator Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF AGENDA - ADDITIONS, DELETIONS, REVISIONS A motion to approve all additions, deletions, and revisions to the agenda was made, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Larry Leet

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 2 | P a g e SECONDER: Commissioner District 1 James Clasby AYES: Jamie Fowler, Larry Leet, James Clasby, Erin Lowry, Cathy Townsend NAYS: None EXCUSED: None 5. PRESENTATIONS There were no items scheduled. 6. PUBLIC COMMENT (excluding Public Hearing Items) Chair Fowler opened the meeting for public comment at this time. With no one wishing to address the Board, Chair Fowler closed public comment. 7. PROCLAMATIONS APPROVAL There were no items scheduled. 8. APPROVAL OF MINUTES A motion was made to approve all minute sets, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 5 Cathy Townsend AYES: Jamie Fowler, Larry Leet, James Clasby, Erin Lowry, Cathy Townsend NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the BOCC Regular Meeting of October 15, 2024. B. Board of County Commissioners minutes for the BOCC Informal meeting of November 12, 2024. 9. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 James Clasby AYES: Jamie Fowler, Larry Leet, James Clasby, Erin Lowry, Cathy Townsend NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists 6 - 8 Adopted by Consent Vote

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 3 | P a g e B. ADMINISTRATION 1. New Horizons of the Treasure Coast - Grant Agreement in the amount of $1,072,614.00 for Fiscal Year 2025 Staff recommended the Board approve the New Horizons of the Treasure Coast Grant Agreement and authorize the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote Commissioner Townsend pulled this item for a separate discussion. She advised that the New Horizons Board requested a commissioner to serve as an ex officio member, which was not addressed during the reorganization meeting. She suggested having an informal meeting to discuss which commissioner would be assigned to attend their next meeting. County Administrator George Landry stated that if the Board agrees, the staff will collaborate with the County Attorney and New Horizon to draft any necessary adjustments and/or additional language and present them back to the Board. 2. Award Bid No. 24-112 to Treasure Coast General Contractors for the Sunshine Kitchen Walk-in Cooler/Freezer Installation Staff recommended that the Board approve awarding BID No. 24-112 to Treasure Coast General Contractors for $186,473.90 and authorize the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote 3. American Rescue Plan - Water Quality Project Funding Reallocations for River Park - Baffle Boxes (6 - 8) - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended Board approval to reallocate the American Rescue Plan funding as listed in the Financial Impact section, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 4. American Rescue Plan - Water Quality Project Funding Reallocation to Sheraton Plaza - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended Board approval to reallocate the American Rescue Plan funding as listed in the Financial Impact section, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 5. Appointments to the Children's Services Council

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 4 | P a g e Staff recommended the Board approve the two additional applicants and direct staff to include them with the eight previously approved to submit to the Governor. Adopted by Consent Vote C. AIRPORT 1. Florida Department of Transportation (FDOT) Public Transportation Grant Agreement (PTGA) FM 451556-1 ILS (Instrument Landing System) Replacement 10R/28L - $625,000.00 Staff recommended Board acceptance of FDOT's Public Transportation Grant Agreement (PTGA) FM 451556-1 ILS Replacement, approve Resolution No. 2024-234, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote D. COUNTY ATTORNEY 1. "After the Fact" Revocable License Agreement - 762 Altura St - River Park - Unit 3 - Ryan Shoemaker - Parcel ID 3419-515-0110-000-0 Mr. Shoemaker is requesting an “After the Fact” Revocable License Agreement to keep his 6’ vinyl fence with gates along the east, west, and south sides of the property, within the County’s 6’ Drainage/Utility Easement, per the Restrictive Covenants recorded in Deed Book 226, Page 181. He understands if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at his expense. Engineering, Road & Bridge, Water Quality, and the City of Port Saint Lucie Utilities Department have reviewed the "After the Fact" Revocable License Agreement and have no objections. Staff recommended the Board approve the "After the Fact" Revocable License Agreement, authorize the Chair to sign the agreement and direct Mr. Shoemaker pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 2. Eleventh Amendment to Interlocal Agreement with City of Port St. Lucie - Traffic Control and Security - St Lucie County Sports Complex - C88-06-074 Staff recommended the Board approve the amendment to the interlocal agreement and authorize the Chair to sign the amendment. Adopted by Consent Vote 3. Appointments of the Chair and Vice-Chair on the Value Adjustment Board

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 5 | P a g e Staff recommended the Board appoint Commissioner Fowler as Chair and Commissioner Lowry as Vice-Chair. Adopted by Consent Vote 4. Ninth Amendment to Interlocal Agreement with St. Lucie County Sheriff's Office - Traffic Control and Security - C02-02-261 Staff recommended the Board approve the Ninth Amendment to the February 19, 2002, Interlocal Agreement and authorize the Chair to sign the amendment. Adopted by Consent Vote E. ENVIRONMENTAL RESOURCES 1. Work Camper Agreement - Brandon & Pearl Katz at Petravice Family Preserve Staff recommended Board approval of Work Camper Agreement with Brandon and Pearl Katz and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Work Camper Agreement - Daniel Hutchinson at Petravice Family Preserve Staff recommended Board approval of Work Camper Agreement Amendment memorializing the relocation of Daniel Hutchinson from Work Camper at Bluefield Ranch Preserve to Work Camper at the Petravice Family Preserve and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Work Camper Agreement - Alicia Castle at Richard E. Becker Preserve Staff recommended Board approval of Work Camper Agreement Amendment with Alicia Castle and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote F. PARKS, RECREATION & FACILITIES 1. Sheriff Administration Roof Restoration and Water Proofing - $1,525,873.00 Staff recommended Board approval to proceed with the roof restoration and sealing of flat roof as outlined in Garland Proposal # 25-FL-241159 via US Communities Contract MICPA Roofing and Waterproofing in the amount of $1,525,873.00 and authorize the Chair to sign the agreement as approved by the County Attorney. Adopted by Consent Vote

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 6 | P a g e 2. Bid Award No. 24-106 Fairgrounds Metal Siding Upgrade for Ticket Booth and FFA Building - $65,177.98 Staff recommended Board approval to award Bid No.24-106 to Native Roofing Solutions, LLC, in the amount of $65,177.98, and authorize the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote G. PLANNING & DEVELOPMENT SERVICES 1. Budget Amendment for Work Authorization No 12. Calvin, Giordano & Associates Inc. to complete St. Lucie County's Evaluation and Appraisal Review (EAR) Based Comprehensive Plan Amendments and Urban Service Boundary (USB) Expansion Assessment Study Staff recommended Board approval for the budget amendment for work authorization No. 12 with Calvin, Giordano, and Associates (CGA) and permission to execute documents as approved by the County Attorney. Adopted by Consent Vote H. PUBLIC SAFETY 1. NICE Systems Inc.- Contract for 911 Telephony Recorder Upgrade and Redundancy Project Staff recommended Board acceptance of Nice Systems Inc. Contract and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. NICE Systems Inc. On-Premise Maintenance Support Agreement for 911 Emergency Communications Center Staff recommended Board acceptance of NICE Systems Inc. On-Premise Maintenance Support Agreement and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Annual Maintenance Agreement for Generators at Emergency Operations Center Staff recommended approval of the renewal of the maintenance agreement with Ring Power and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 4. Approval of Certificate of Public Convenience and Necessity Renewal Applications

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 7 | P a g e Staff recommended the Board determine COPCN holders MV Transportation, Inc (Class F), Re- Assure Non-Emergency Transport (Class F), Sr. Paradise Transport (Class F) are in compliance with the terms of their certificates and Chapter 18, Article III, Life Support Services, of the County Code, approve the renewal applications, and authorize the Chair to sign the Certificate of Public Convenience and Necessity for each respective provider extending the Certificate by two (2) years. Adopted by Consent Vote 5. Extension of Temporary Certificate of Public Convenience and Necessity (COPCN) for TMC Transport, Inc. Staff recommended Board approval of the extension of TMC Transport, Inc.’s temporary Certificate of Public Convenience and Necessity to December 12, 2024. Adopted by Consent Vote I. PUBLIC UTILITIES 1. Award of BID-24-111 for the Transportation of Landfill Leachate for the St. Lucie County Solid Waste Baling & Recycling Facility on an as-needed, Emergency Basis Staff recommended Board approval to award Bid No. 24-111 to Accurate Septic Services, Inc., and permission for the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote J. PUBLIC WORKS 1. Request to Award Bid No. 25-005 for Construction of the Sheraton Plaza Stormwater Treatment Area - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended Board approval to award the contract to CK Contractors and Development LLC., in the amount of $2,401,074.90 for the construction of the Sheraton Plaza Stormwater Treatment Area; and authorization for the Chair to sign documents as approved by the County Attorney. Staff also recommended Board approval of the CEI proposal to Culpepper and Terpening, Inc. in the amount of $233,402.50 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Request to Award Bid 25-004 for the River Park Baffle Boxes Construction Project in the amount of $752,389.98 - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended Board approval to award the contract to Ferreira Construction Co. Inc. in the amount of $752,389.98 for the remaining three baffle boxes for the Water Quality Improvement

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 8 | P a g e Project in the River Park subdivision and to authorize the Chair to sign documents as approved by the County Attorney. Staff also recommended Board approval of the CEI proposal to South Florida Engineering and Consulting in the amount of $102,112.50 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Request to Award Bid No. 24-100 for Construction of the Johnston Road Bridge over C-25 (940071) Bridge Repair Project and Approval of Post Design Services - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended Board approval to Award Bid No. 24-100 to RJ Engineering Construction Corp. for the construction of the Johnston Road Bridge over C-25 (940071) Bridge Repair project in the amount of $831,293.00 and to authorize the work authorization with Kimley-Horn Inc., for post-design services in the amount of $49,270.00 and to authorize the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote K. SHERIFF'S OFFICE 1. Reimbursement for Overtime and Benefits for Hurricane Milton and Budget Amendment in the amount of $411,152.00 Staff recommended the Board approve the request for reimbursement and budget amendment in the amount of $411,152.00. Adopted by Consent Vote 2. Law Enforcement Impact Fee Request in the Amount of $2,506,118.00 - ITEM AMENDED Staff recommended Board approval of the Sheriff's Office request for an amendment to the distribution schedule for FY25 - $2,506,118.00. Adopted by Consent Vote L. TRANSIT 1. Authorization Resolution - FY25 Block Grant FDOT (Florida Department of Transportation) The State Public Transit Block Grant Program was enacted by the Florida Legislature to provide a stable source of funding for public transit. The grant funds are provided by the state and then distributed by the Florida Department of Transportation (FDOT) and can be used for capital and operating expenses. Each funding year, a new grant allocation is provided in an agreement known as a Public Transportation Grant Agreement (PTGA) for the new state fiscal year.

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 9 | P a g e Staff recommended Board approval of the FY25 FDOT Block Grant (FM #407187-4-84-01) and authorizing resolution and permission for the Chair to sign all applicable documents as approved by the County Attorney. The total project cost is $1,925,282.00. Adopted by Consent Vote 10. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Second Public Hearing - Ordinance No. 2024-038 - Land Development Code Text Amendment County Initiated Amendment of Chapter XIII, Building Regulations And Public Works Construction Manual Katherine Barbieri, Assistant County Attorney III, and Michael Jerrahian, SLC Building Official presented the proposed second public hearing on ordinance 2024-038 land development code text amendment. The amendment is to the building regulation section of the land development code, with the last major changes made in 2001. The purpose of the amendment is to update the code to meet current standards and requirements as required by the Building Commission. The Florida Building Code Chapter 1 is an administrative chapter covering general permit requirements, site inspections, permit applications, submittal documents, and required inspections. Also, it established a board of appeal for interpretations issued by the Building Official and established processes for handling unsafe structures. The Florida statute allows each authority having jurisdiction to amend the administrative chapter to fit local needs, making it more stringent than the current standards. Amendments to a local Chapter 1 are common and have been made in Indian River County, Martin County, Palm Beach County, and the City of Port St. Lucie. The draft ordinance was reviewed by the Treasure Coast Builder’s Association, the Town of St Lucie Villages Building Official, the St. Lucie County Contractor Licensing Board, and the Planning and Zoning Board with no negative feedback or objections. The amendments help differentiate between standard text, recommended text and required text from the Florida Statute. The proposed major changes: • 101.2.1 Appendices - Provisions in the appendices shall not apply unless specifically adopted. St. Lucie County has adopted Appendix “Q” in the Florida Building Code, Residential Volume: Tiny Houses. • 107.2.7 Structural information. The construction documents shall provide the information specified in Section 1603 of the Florida Building Code, Building, and include shoring details, where applicable, for new construction and alterations. Where construction includes excavation, shoring details shall include protection of the angle of repose for foundation systems of existing adjacent structures. • 110.1.2 Inspection Service - The building official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I construction; 2. For all major structural alterations; 3. Where the concrete design is based on compressive strength in excess of 3,000 pounds per square inch; 4. For pile driving;

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 10 | P a g e 5. For buildings with an area greater than 20,000 square feet; 6. For buildings more than two stories in height; or 7. For buildings and structures of unusual design or methods of construction. • 110.3 Required Inspections - The building official upon notification from the permit holder or his or her agent shall make the following inspections, or any other such inspection as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A complete survey, or special purpose survey may be required before an inspection is approved. • 110.3(13) – Swimming Pool Inspection. First inspection to be made after excavation and installation of reinforcing steel, bonding, and main drain and prior to placing of concrete. a)Steel reinforcement inspection b)Underground electric inspection c)Underground piping inspection including a pressure test. d)Underground electric inspection under deck area (including the equipotential bonding) e)Underground piping inspection under deck area f)Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any reinforcement in place g)Safety Inspection; Made prior to filling the pool with the bonding connections made, the proper drain covers installed and the final barriers installed. All barriers must also meet the required Land Development Code of St Lucie County. h)Final pool piping i)Final Electrical inspection j)Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. • 110.10 Impact of Construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property, unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner. This includes but is not limited to, the control of dust, noise, water or drainage runoffs, debris, and the storage of construction materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors, and owners of all new residential development, including additions, pools, patios, driveways, decks, or similar items, on existing properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the improvement, a certification from a licensed professional, as appropriate under Florida law, shall be submitted to the inspector in order to receive approval of the final inspection.

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 11 | P a g e • 113 Board of Appeals: • 113.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a Construction Board of Adjustment Appeals. The structure, computation, and administrative procedures of the St. Lucie County Contracting Examining Board as described in Chapter 10, Article II of the St. Lucie County Code, shall be used to serve the role of the Construction Board of Adjustments and Appeals. • 116 Unsafe Structures: • 116.1 Unsafe buildings, structures, equipment, or systems. Buildings, structures, systems, or existing equipment that are or hereafter become unsafe, insanitary, or deficient because of inadequate means of egress facilities, inadequate light, and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe. This is the second of two public hearings. Staff recommended that the Board adopt proposed Ordinance No. 2024-038 Commissioner Clasby asked if the public hearing information was brought before the Treasure Coast Builders Association or the Contractors Examiner Board for review. In response, Mr. Jerrahian confirmed yes the draft of Chapter 1 was presented to them, no comments were made, and they were in favor of the amendments. Chair Fowler opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Fowler closed the public hearing. The Board did not have any further questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Larry Leet AYES: Jamie Fowler, Larry Leet, James Clasby, Erin Lowry, Cathy Townsend NAYS: None EXCUSED: None B. PLANNING & DEVELOPMENT SERVICES

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 12 | P a g e 1. Rainbow Groves Future Land Use Map Amendment from AG-5 (Agricultural-5) to MXD (Mixed Use Development) with Associated Subarea Policies - ADOPTION HEARING - CONTINUED FROM NOVEMBER 12, 2024 MEETING Irene Szedlmayer, Senior Planner, and Kori Benton, Planning Manager of Planning and Development Services presented the continuation of the proposed Rainbow Groves Future Land Use Map Agreement adoption hearing from November 12, 2024. Since the meeting has been continued to a specific date, the public notification from November 12, 2024, applies to this meeting. The proposed site is situated on the west side of Range Line Road, approximately 1 mile south of its intersection with Glades Cut-Off Road. It lies within the Urban Service Boundary (USB) in St. Lucie County, in the south-central part of the county, about four miles north of the border it shares with Martin County. The current Future Land Use designation is Agricultural-5 (AG-5) and proposed to change to Mixed Use Development (MXD) with specific use areas. Staff provided an overview of other applications including M Ranch Mine, Palermo, Legacy, Oak Ridge Rances, and Neill Farms in the County, including a pre-application for industrial and residential development. The proposed MXD future land use includes three specific use areas: Heavy Industrial (151 acres), Light Industrial (72 acres), and Light Industrial/General Commercial (22 acres) on Range Line Road. The site is approximately 245 acres. Heavy industrial activities would be permitted in the site's interior, sharing boundaries with industrial uses to the north and east. The application received staff support due to its location on the freight network of the County, as identified in the long-range transportation plan. The Planning and Zoning Commission held a public hearing in May 2023, recommending approval of the future land use map amendment. The Board held a transmittal hearing in June 2023, and the proposed hearing is the final of three public hearings. The applicant has been in the works with their consultants, County engineers, the Florida Department of Transportation, and the City of St. Lucie to prepare a traffic impact report which has been completed. If approved, the proposed future land map amendment will be sent to the State Department of Commerce and the State Regional Planning Agencies for review, with a response expected in 30 days. Following state approval, before any development could occur the site would need to be rezoned to a Planned Non-Residential Development (PNRD) Zoning District. A preliminary development plan would be required, scrutinizing proposed uses, stormwater, landscape buffering, transportation access, etc. The final development plan would follow the preliminary development plan, with construction documents and concurrency facilities. The application must demonstrate that the level of service for nearby roadways and public facilities will be maintained. Staff advised the MXD's future land use designation recommendation for the property as opposed to moving forward with future industrial land use as it enables the County and the applicant to come to an agreement regarding specific uses, activities, standards, and policies governed. The proposed Rainbow Groves MXD Activity area policies intended for planned development are primarily designed to accommodate and promote targeted industries and employment- generating uses. The following policies shall govern: 1. All development within the Rainbow Groves Mixed Use Activity Area Plan shall: (updated 11/12/24 based on the City of Port St. Lucie input) a. Occur through the Planned Nonresidential Development Plan (PNRD) process;

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 13 | P a g e b. at the PNRD review and approval phase requires a development agreement or similar binding agreement with each local government with jurisdiction over the roadways impacted by the development; c. require that each development agreement or similar binding agreement with the local government with jurisdiction over the roadways impacted by the development identify specific performance measures and/or mitigation improvements to satisfy transportation requirements of the applicable local government; and d. require copies of PNRD applications, traffic methodology, traffic studies, site plans, and associated documentation submitted to the County shall be shared with the City of Port St. Lucie for review and coordination 2. Light Industrial/Commercial SUA – 22.10 acres. This area may provide light industrial, warehouse & commercial land uses, including flex-space buildings, which shall provide a vegetated buffer zone to properly buffer the adjacent roadway and residential use(s). Any outdoor storage (non-retail display) shall be behind primary structures and adequately separated from the adjacent roadway & residential use(s). (Allocation reduced from +/- 46 acres to 22 acres.) 3. Light Industrial SUA - 72.47 acres. . . light industrial & warehouse land uses including flex-space buildings, which shall serve as a transition to adjacent uses. A permanent and vegetated buffer zone shall be provided between the Light Industrial SUA and adjoining residential or agricultural land. The vegetated buffer zone shall be no less than 50 feet, whereas certain uses may require a wider vegetated buffer. (Allocation increased from +/- 49 acres to 72 acres.) 4. Heavy Industrial SUA – 150.67 acres. . . . light to heavy manufacturing, targeted industries, and other activities that are strategically designed, oriented, buffered, and controlled to ensure compatibility with and appropriate transition to surrounding uses. . . . shall include appropriate open space and buffers adjacent to agricultural, residential, and public uses and environmental conditions. . . . vegetated buffer zone of no less than 50 ft., certain uses may require a wider buffer. No off-site effects from undesirable noise, vibration, odor, dust, or other offensive effects shall be permitted. 5. c. Outdoor scrap, waste and land clearing, and yard trash recycling operations shall require a Conditional Use Permit. The collecting, transporting, handling, storage, or disposal of solid waste, as defined in the St. Lucie County LDC, is prohibited. 5 .f. Major Group 42 Motor Freight Transportation & Warehousing Wholesale Trade i. Development or operation of an Inland Port is prohibited. For purposes of this prohibition, an inland port means a large-scale shipping, trade, and logistics center located away from the coast, but near or directly connected to highways, rail lines, or seaports, serving as a distribution facility for products and facilitating the transshipment of sea cargo to inland destinations. ii. The intermodal transfer of inventory, materials, and finished products between trains and trucks or between trucks is permitted as an ancillary or supportive function to primary uses within the Heavy Industrial Specific Use Area. iii. A stand-alone Intermodal Transfer Facility, or logistics and distribution center, may be permitted within the MXD Heavy Industrial SUA if approved as a conditional use and subject to specific conditions regarding noise control, traffic management, and environmental mitigation. The facilities must be located near major transportation corridors with appropriate buffering from residential uses & sensitive areas. iv. The distinction between an Inland Port, which is prohibited, and an Intermodal Transfer Facility

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 14 | P a g e or logistics and distribution center that may be approved pursuant to a CUP, is primarily a matter of scale, intensity, and the number of different enterprises involved. Another important factor is the origin & destination of goods being transferred at the facility. The determination as to whether a proposed activity constitutes a prohibited Inland Port shall be final with regard to the Applicant & successor(s) in interest. 7. Transportation Concurrency. shall provide transportation improvements to serve the proposed development and provide capacity, circulation, and connectivity needs of development. Traffic generated by development which exceeds capacity as indicated in the Transportation Element of County Comp. The plan shall be mitigated by the development through a schedule of committed roadway construction projects or payments or alternative conditions, with improvement triggers as provided in PNRD conditions of approval for both St. Lucie County and the City of Port St. Lucie. 7. a. In accordance with Sec. 163.3180(5)(h)1, F.S., the County must allow for transportation concurrency requirements of the local comprehensive plan to be satisfied through a binding agreement to pay for or construct the proportionate share of required improvements to mitigate transportation impacts. 7 .b. The PNRD shall require a development agreement . . . identifying specific performance measures and/or mitigation improvements to satisfy transportation concurrency . . . St. Lucie County will not approve a final PNRD site plan for development or any phase or portion thereof of unless the plan provides for adequate assurance that transportation facilities and infrastructure will be in place and available to serve the relevant development phase and address LOS requirements. 7 .c. Any proportionate-share contribution shall be calculated based upon the number of trips from proposed development expected to reach roadways during the peak hour from phase being approved, divided by the change in peak hour maximum service volume of roadways resulting from the construction of an improvement necessary to maintain or achieve adopted LOS, multiplied by construction cost, at time of development payment, of the improvement necessary to maintain or achieve adopted LOS. 7.d. Prior to the issuance of building permits, required roadway improvements or payments, or alternative conditions shall be provided. The developer shall satisfy the construction or proportionate share payments or alternative conditions, for the improvements to the facility or facilities, prior to the issuance of building permits, which shall be a binding and legally enforceable commitment on the developer, its agents, lessees, successors, or assigns with the County to assure construction or a proportionate share payment, as allowed by law. 7.e. Traffic reports (transportation impact study) for PNRD shall be in accordance with LDC Sec. 11.02.09(A)4. which incorporates "Standardized Transportation Impact Studies Methodology and Procedures," as adopted by St. Lucie County TPO. 7. f. The PNRD shall provide at least one future transit stop on the subject site, identified in coordination with St. Lucie County Area Regional Transit, and provide for internal connectivity for pedestrian and bicycle travel. Staff provided a summary overview of the proposed policies for the Heavy Industrial Specific Use Activity Area. Prohibited uses include: • Inland Ports • Paper Mills and pulp mills

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 15 | P a g e • Manufacture of hazardous chemicals or ammunition • Petroleum refining • Natural or manufactured gas storage & distribution. • Outdoor scrap, waste & land clearing & yard trash recycling. • Outdoor stockyards – SIC codes 0211 and 4789. • Wholesale trade of Petroleum - SIC Code 517. • Solid Waste - collection, transport, handling, storage, or disposal. The conditional uses for heavy industrial specific use area manufacture of: • Paper & paperboard from recycled paper & paperboard materials • Asphalt Paving & Roofing Materials and Lubricating Oils & Greases • Small arms & ordnance • SIC Major Group 32: Stone, clay, glass & concrete products. • SIC Major Group 33: Primary Metal Industries – indoor only The Traffic Impact Report (TIR) assumes the highest intensity development with the highest trip generation. The analysis was completed for 5 years and 20 years in the future and the Rainbow Groves development will impact local roadways. The existing and planned roadway network will be deficient in 5 years and 20 years due to previously approved development. Two additional roadway segments will become deficient due to FLUMA traffic. The proposed Rainbow Grove land use amendment could result in an estimated 40,647 new daily trips, including 3,772 during the AM peak and 5,047 during the PM peak, assuming the highest intensity of development. Staff provided an overview of industrial uses located near residential areas, and advised such developments do not necessarily cause problems. Staff recommended the Board approve the adoption of the FLUMA from AG-5 to Mixed Use Development (MXD) with Rainbow Groves Specific Use Activity Areas for heavy industrial, light industrial, and light industrial/commercial uses and specific use policies. Alternatively, if the Board determines additional information or analysis is needed, direct staff and the applicant as to needed information and continue the public hearing to a certain date. Mike McCarty, McCarty & Associates representative for the applicant, addressed the Board regarding the proposed amendment application for Rainbow Groves. He reiterated key points from the staff's presentation regarding the transmittal, multiple meetings, traffic impact analysis, the Department of Commerce, and various agencies, and advised proper notice was posted on the property and certification filed with the clerk. He advised that the property had been owned by the McCarty family for nearly a century and used for agricultural purposes, specifically for the cultivation of citrus. Due to the challenges and decline in the citrus industry, it is no longer an appropriate use. The request to change the future land use designation from Agriculture to Mixed-Use Development (MXD) aims to establish the Rainbow Groves Specific Use Activity Areas for heavy industrial uses, light industrial uses, and light industrial or commercial activities. He advised the traffic analysis complies with the state requirements and no further revisions have been requested by the County’s 3 rd party traffic engineer or FDOT. He provided an overview of the Rainbow Groves aerial with FEC rail access and advised the intent is to promote and attract businesses that would benefit from the rail service. He discussed the proximity of the PGA

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 16 | P a g e Reserve and the concerns raised by the residents. He advised that the Intermodal Transfer Facility (ITF) is now a conditional use, the Inland Port is prohibited, the Heavy Industrial Uses are Limited uses permitted, and identified certain uses as conditional. In a follow-up to the November 12, 2024, meeting, a town hall meeting was held at which he was unable to speak 60 total residents were in attendance of the 5,500 residents with discussions focusing on train derailments, increase in acid rain, gas, and other fears. On November 26, 2024, a meeting was held with 4 PGA residents and the consensus was they don’t want any industrial and prefer commercial, which is not viable or realistic for the 245 acres. He mentioned heavy industrial prohibited uses presented by staff, including the surrounding properties with no objections to the project. Mr. McCarty advised that language has been provided in the sub-area policy which states they “shall” determine the specific improvements at the time of PNRD zoning/site plan approval and a developer's agreement “shall” be entered into with the City of PSL and the County. His team has maintained coordination with the City of PSL staff, TPO, FDOT, and 3 rd party traffic consultants Kittelson & Associates. They have shared the ordinance and proposed language within the sub- area policy regarding the developer agreement with the City of PSL at PNRD. McCarty advised that both the City and County are protected and have assurances that the traffic impacts will be mitigated, and specific performance shall occur at the time of PNRD. In efforts to coordinate with the City of PSL since November 12th , 2024 the applicant has e-mailed the city on November 14, 2024, to request the Developer’s Agreement. In response, the City of PSL responded and stated that they must address the City’s traffic comments before they provide an agreement. The applicant's traffic engineer has revised the Traffic Impact Analysis (TIA) and addressed outstanding comments. On November 27, 2024, the applicant met with PSL and the applicant was provided a Developer’s Agreement, and the applicant's attorney concluded that the agreement was one-sided. PSL retains the right to object and challenge the applicant's application. PSL has jurisdiction with controls on the property in perpetuity and allows PSL to seek “additional mitigation” in the future (open-ended). The applicants' legal counsel has advised them not to sign the agreement and that the sub-area policies satisfy the requirements to enter into a developer's agreement at the time of PNRD. He presented a letter of support from the EDC highlighting the potential benefits of the project for the community, including job creation and tax base growth. In conclusion, Mr. McCarty advised that the applicant has demonstrated compliance with state statutes and the County’s requirements that are in the comprehensive plan amendments. The application has been deemed in compliance and has satisfied all the specific criteria of the FLUM amendments. The County's third-party reviewer, Kimley Horn, has no further comments. FDOT and the TPO have also reviewed the latest revisions and have no additional comments. The applicant has addressed the City of PSL's concerns regarding TIA and is committed to entering into a developer's agreement at the time of PNRD rezone/site plan approval with specific performance based on the traffic impacts at that time per the sub-area policy included as part of this approval. The County staff has determined the application complies with and recommends the adoption of the Future Land Use Map Amendment (FLUMA). The applicant will be back before the Board for the approval of the PNRD and at that time any additional concern can be addressed. Shannon Martin, City of Port St. Lucie Mayor addressed the Board regarding the proposed development. She advised there have been discussions regarding the developer's agreement,

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 17 | P a g e traffic issues, and zoning concerns. She advised that no agreement has been reached despite multiple meetings and communications, including a traffic study revision on November 22, 2024. She addressed claims regarding the agreement being one-sided and mentioned the claims of annexation within the City are false and there has been no application for voluntary annexation. She clarified that the City cannot annex any property without City Council approval. The City's goal is to work together to mitigate impacts and protect residents. She advised the City is not in competition with the County but is working to address shared concerns. She expressed disappointment in the lack of communication between the applicants and deficiencies in the traffic study, particularly regarding Crosstown Parkway. She clarified that the city has no jurisdiction over the development. The City is concerned about the developer's obligation to address infrastructure impacts and insists on a formal agreement before approving any development. Ms. Martin recommended denying the current approval until the issues are resolved. Chair Fowler opened the hearing for public comment at this time. The following people addressed the Board. • Shannon Martin, City of Port St. Lucie Mayor • Mary Savage-Dunham, City of Port St. Lucie Planning & Zoning Director • Dr. Ivan Somers, PGA Representative • Mark Szabad • Ria Muriello • Lynn Marso • Michelle Huck • Jolien Caraballo, City of Port St. Lucie Vice-Mayor With no one else wishing to address the Board, Chair Fowler closed the public hearing. In response to the public comment, Mike McCarty, McCarty & Associates representative for the applicant, advised the proposal is in the land use stage and that all required data studies have been met through staff reviews through the comprehensive plan amendments. He acknowledged public concerns regarding the undone aspects of the project, specific uses, limitations, restrictions, and protections identified in the subarea policy with the MXD. He advised that more concerns can be addressed when the applicant returns to the PUD process with concurrency, improvements, or other related issues. Commissioner Clasby mentioned a meeting held with PSL Mayor Shannon Martin and staff regarding a traffic study dated November 24, indicating 52 roadways becoming efficient based on the report at the future land use stage. He asked if there were potential uses that would have less than 40,000 trips per day. In response, Mr. Benton advised that the assumptions presented in the traffic report consider the maximum build-out potential for 40,000 trips, involving over 3 million square ft. of heavy industrial, over 1 million square ft. of light industrial, and over 400,000 sq. ft. of commercial. He mentioned a proposal for rezoning or residential development would likely present uses with fewer trips, but the analysis considers the worst-case scenario to understand roadway impacts.

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 18 | P a g e Commissioner Clasby inquired about the advantage of the city having a developer agreement at the future land use stage and if it would require preparation to address the 52 roadways. In response. Mr. Benton advised the County could not weigh in on the content of the developer's agreement with the City of PSL, but the sub-area policy includes a commitment to continued coordination. Commissioner Townsend asked for clarification on the current comprehensive plan and the designation of the freight corridor between Range Line Road and Glades Cut-Off Road. In response, Mr. Benton advised the designations are within the TPO's long-range transportation plan and right-of-way protection map for future planning. The Board and staff expressed their concerns and discussed the process for rezoning and the site plan, growth, FEC corridor with rail access, comprehensive plan, developer's agreement with both the City and County, the traffic impact analysis/study, overdevelopment, conditional uses, environmental impacts, industrial uses, the anticipated tax revenue, jobs, road widening, TPO, residential concerns, impacts on the infrastructure, ordinance language, traffic, train/freight network, sub-area policy, surrounding developments, EDC, transmittal process, prohibited uses, laws, statutes, and codes involved in the decision-making process. Staff raised concerns regarding sub-area policy (5) outlining the permitted conditional uses in the Industrial Light (IL) and Industrial Heavy (IH) Zoning District and suggested modifying the ordinance language from "shall" to "may" for certain accessory uses for additional safeguards for the PNRD. Staff also raised concerns about sub-area policy (5c) regarding the clarification of "solid waste" in the ordinance to distinguish it from "recoverable materials" and allow for certain/ any recycling activities, whether indoor or outdoor, to be considered conditional uses to avoid ambiguity. Staff advised that the term "waste" is unsuitable for the ordinance. The Board and staff discussed the types of recyclable materials and the need for clear definitions to avoid confusion and ensure compliance with state statutes, as well as the need to exclude certain materials, such as biosolids and hazardous waste, from the definition of solid waste. Mayte Santamaria, the Deputy County Administrator, commented and suggested language potentially stating "recoverable materials, outdoor scrap, land clearing, and yard trash recycling operations shall require a conditional use. She explained that the definition of solid waste in the land development code mirrors the statutory definition. She advised solid waste in the land development code is defined as sludge unregulated under the federal Clean Water Act, or Clean Air Act, sludge from waste treatment works, water supply, treatment plant or air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from domestic, industrial, commercial mining, agriculture or governmental operations. Solid waste in the statute means sludge unregulated from the federal Clean Water Act or Clean Air Act sludge from the waste treatment works, water supply, treatment plant, or air pollution control facility, or garbage rubbish, refuse, special waste, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material, resulting from domestic, industrial, commercial, mining, agricultural, government

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 19 | P a g e operations. She suggested removing the standalone term "waste" from the ordinance, as it is not defined and causes confusion. Amendments to the proposed drafted ordinance Modification of the ordinance language to change "shall" to "may" for certain accessory uses in the IH district. Page 8 of 21 5. Uses. Permitted, conditional, and accessory uses in the IL (Industrial Light) and IH (Industrial, Heavy) Zoning Districts may also be permitted, conditional, and accessory uses in the Heavy Industrial and Light Industrial Specific Use Areas, subject to the following more specific prohibitions and limitations: Modification of the ordinance language to remove the stand-alone term "waste" Page 9 of 21 5.c. Outdoor scrap, land clearing, and yard trash recycling operations shall require a Conditional Use Permit. The collecting, transporting, handling, storage, or disposal of solid waste, as defined in the St. Lucie County LDC, is prohibited. The Board did not have any further questions or comments on this item. A motion was made to approve staff recommendations, as discussed/amended, and upon roll call it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Larry Leet AYES: Jamie Fowler, Larry Leet, James Clasby, Erin Lowry, Cathy Townsend NAYS: None EXCUSED: None 8:51 PM - Recess taken 9:06 PM – Meeting Reconvened 2. 4540 N. Kings Highway Planned Unit Development (PUD) Rezoning with Preliminary Development Plan - THIS ITEM IS QUASI-JUDICIAL - ATTACHMENT AMENDED This public hearing was Quasi-Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Jamie Fowler - Spoke with staff, applicant, and Dan Sorrow. Commissioner Larry Leet- Spoke with staff, developers, and Dan Sorrow. Commissioner James Clasby - Spoke with staff, applicant, and applicant development team, Tod Mowery and Cooper Osteen. Commissioner Erin Lowry - Spoke with staff, Dan Sorrow, and developers.

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 20 | P a g e Chair Cathy Townsend - Spoke with Dan Sorrow, Chip Ashby, Cooper Osteen, and staff. Irene Szedlmayer, Senior Planner, and Kori Benton, Planning & Development Services Planning Manager presented the proposed amend the Official Zoning Atlas from Agricultural Residential – 1 (AR-1) to Planned Unit Development (PUD) and approval of a Preliminary Development Plan for 38.26 acres located on North Kings Highway and south of Indrio Road. Following the requirements for public notice, a public hearing notice was published in the local newspaper, signs were displayed on the subject property, and notices were sent by mail. The site is currently in the Towns, Villages, and Countryside (TVC) future land use designation. The surrounding area includes mixed zoning, with commercial and industrial zones nearby. The property is inside the Urban Services Boundary (USB) and identified on the Transferable Development Value Map as suitable for up to 9 dwelling units per acre. The proposed density is 5.2 dwelling units per acre. The preliminary plan includes 191 dwelling units providing common open space of 47% of the site area, 1, 2, 3 & 4-bedroom units, rear-loaded garages including rear alleys, and uninterrupted sidewalks. There will be a dedication of 80 ft. along the southern part of the property for future east-west connectivity from Taylor Dairy to Koblegard Road. A small road along the strip boundary has the potential to be converted into a street in the future, depending on development. The common open space plan requires at least 35% of the total site area of 14 acres including stormwater detention areas, lakes, and pedestrian pathways that promote walkability and help meet the minimum open space requirement. The landscape plan includes pathways, trees, benches, and a linear park, enhancing the community's aesthetic and functionality. The dwelling units vary in design, including detached and attached garages, and range from one-story to two-story units. The property is in the airport overlay zone, requiring confirmation that the development will not interfere with airplane landings or takeoffs. The residents may be impacted by noise as the airport continues to grow. The conditions for approval include improvements by the Florida Department of Transportation (FDOT), acceptance of the traffic impact analysis, and confirmation of the airport overlay zone. Staff informed us that the conditions of approval have been slightly amended regarding a few items. These conditions apply to the final site plan approval. Staff recommended the approval of the rezoning and the Preliminary Development Plan subject to the following items being resolved before the final site plan: a. Written confirmation by FP&L that proposed improvements within 15-ft. wide easement are consistent with the said easement. b. Written consent by the owner of the real property identified in the legal description as owned by the Florida State Turnpike Authority by virtue of an order of taking recorded in Circuit Court. c. A Traffic Impact Report accepted by the County. d. Confirmation from St. Lucie International Airport of no conflict between the proposed development and Airport Overlay Zone. e. Landscape plan that complies with all applicable provisions of the Land Development Code, Sec. 7.09.04., regarding vehicular use area landscape buffer zones & planting of native trees on individual dwelling areas consistent with LDC 7.09.04.I. f. Provide a final tree mitigation plan consistent with LDC 6.00.05.D. g. Exact dimensions of components of street section, including travel lanes, sidewalk, landscape strip, curb & gutter & on-street parking shall be provided.

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 21 | P a g e h. The list of street names must be accepted by the County. On October 17, 2024, the Planning & Zoning Commission held a meeting and voted (4) to (2) recommending the Board approve the request. The applicant has made several changes in response to the Planning and Zoning Commission's input, including the linear/community park, changing the 14 townhome buildings into detached single-family dwellings, and reducing the number of dwelling units from 231 to 191. The proposed density has been reduced from 6.3 dwelling units per acre to 5.2 dwellings per acre. Staff recommended the Board adopt the draft Resolution amending the Zoning Atlas on this 36-acre site from AR-1 to PUD and approve the Preliminary Development Plan subject to the conditions identified in the Resolution, as such conditions were modified at the public hearing. Dan Sorrow, of Cotleur & Hearing, addressed the Board on behalf of the applicant and provided a historical overview of the property, and the applicant's background and advised the proposed item is 100% compliant with the code. He reiterated the staff's presentation regarding the dwelling units, land use, roads, site plan, density, design, open space, garages, amenities, architectural features, parking, etc. He mentioned once approved the development would be the first new urbanist traditional neighborhood development in the County. He highlighted points of interest such as the school's Lake Park Elementary and FAU Armor Branch and commercial areas Wind Dixie shopping center and Publix. He highlighted recreational facilities and advised the project meets TVC open space requirements. The development will create local jobs and feature unique architectural elements, such as detached garages and alley-loaded homes. The project is down-zoning, reducing the density from 9 to 5.2 units per acre. The project meets the TVC framework and is located within the urban service boundary. He mentioned the community the project is designed to be an ungated community with on-street parking and provides the necessary transect and flowway. The applicant supports the staff and Planning and Zoning Commission recommendations for approval. Chair Fowler opened the hearing for public comment at this time. The following people addressed the Board. • Wayne Bennett • Jim Chalmers With no one else wishing to address the Board, Chair Fowler closed the public hearing. The Board and staff expressed their concerns and discussed the open space of the site and ownership, stormwater connection/system, pedestrian connections, surrounding developments (Cabo Rio, Indrio Woods), buffering between developments, distance between single-family homes, Kings Highway road widening, TPO, Deleon Road connection, right-of-way, site plan, reduction of density, schools, rental communities, utilities, fire station, impact on local infrastructure, landscaping, and setbacks. Mr. Sorrow commented in response to the Cabo Rio site and advised the applicant has no desire to connect to the stormwater system on their side, a ditch running west of Kings Highway north and south will suffice as the outfall location. He advised that the site is a major investment and

BOCC Regular Meeting Tuesday, December 3, 2024 6:00 PM 22 | P a g e that they will maintain it properly. The project includes a management company for property landscape maintenance and rental rates of $2,000 to $3,000. Fences and landscaping will block car lights from facing garages onto neighboring properties. The property has been designated for over 20 years to be a high-density residential development. Mr. Sorrow advised of the landscape plan with a 15-ft. buffer and an 8-ft. tall fence, landscape screening to separate properties, roadway, and house setbacks to provide additional separation from the neighboring property. Mr. Clasby expressed concerns regarding the site layout regarding the number of connected units in townhomes currently at 16 (8 per floor) and suggested reducing them to 4 per floor. In response, Mr. Sorrow advised that The developer is open to adjusting the layout before the final site plan to address concerns to either three per floor or four per floor with a 15 ft. separation between the units. Commissioner Clasby also commented on the distance between the single-family homes and asked if the applicant could set a minimum distance of 15 ft. from wall to wall between the buildings. In response, Mr. Sorrow advised yes. Patrick Dayan, Public Works Director commented on the road widening and mentioned in the FDOT’s draft tentative work program a segment of Kings Highway, between St. Lucie Boulevard and Indrio Road is scheduled and funded for right-of-way acquisition starting in 2027. It will take some time to acquire the right-of-way, the canal must be relocated so the widening will be to the west where the canal is currently situated and where the southbound lanes of travel will be in the future from the south to north. The next segment phased for construction funding will be the I-95 overpass up to Commercial Circle just north of Angle Roa

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