November 6, 2018 Board of County Commissioners
»
Call to Order - -Call to Order by Chair
-Roll Call by the Clerk of the Court
-Invocation
-Pledge of Allegiance
Call to Order
-Call to Order by Chair-Roll Call by the Clerk of the Court
-Invocation
-Pledge of Allegiance
»
Proclamations - -Proclamation Recognizing November 2018 as Adoption Month
-Proclamation Recognizing November 11, 2018 as Veterans Day.
-Acceptance of Proclamations
-Presentation from the Stetson Kennedy Foundation
Proclamations
-Proclamation Recognizing November 2018 as Adoption Month-Proclamation Recognizing November 11, 2018 as Veterans Day.
-Acceptance of Proclamations
-Presentation from the Stetson Kennedy Foundation
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Public Comment - Public Comment
Public Comment
Public Comment»
Consent Agenda - -Deletions to Consent Agenda
-Approval of Consent Agenda
Consent Agenda
-Deletions to Consent Agenda-Approval of Consent Agenda
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Regular Agenda - -Additions/Deletions to Regular Agenda
-Approval of Regular Agenda
Regular Agenda
-Additions/Deletions to Regular Agenda-Approval of Regular Agenda
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Item 1 - Report of Excess Fees for Fiscal Year 2017-18. In compliance with Florida Statute,
218.36, the St. Johns County Tax Collector Dennis Hollingsworth will present a report
of excess fees collected for the 2017-2018 Fiscal Year. Please note that these Excess
Fees have already been estimated as a part of the County budget process and therefore
they do not necessarily represent additional County revenue.
Item 1
Report of Excess Fees for Fiscal Year 2017-18. In compliance with Florida Statute,218.36, the St. Johns County Tax Collector Dennis Hollingsworth will present a report
of excess fees collected for the 2017-2018 Fiscal Year. Please note that these Excess
Fees have already been estimated as a part of the County budget process and therefore
they do not necessarily represent additional County revenue.
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Item 2 - Public Hearing * REZ 2018-07 Classic Car Storage. Request to rezone
approximately 8.8 acres of land from Commercial General (CG) to Commercial
Intensive (CI) to allow for a classic car storage facility; located east of US Highway 1
South, south of Wildwood Drive and north of Watson Rd. The request was heard by
the Planning and Zoning Agency on October 4, 2018 where the item was recommended
for Approval with a unanimous vote (6-0). Discussion focused on the project's
compatibility with the surrounding area, Future Land Use Map designation of Mixed
Use and the sufficient property size for the proposed zoning designation of Commercial intensive.
Item 2
Public Hearing * REZ 2018-07 Classic Car Storage. Request to rezoneapproximately 8.8 acres of land from Commercial General (CG) to Commercial
Intensive (CI) to allow for a classic car storage facility; located east of US Highway 1
South, south of Wildwood Drive and north of Watson Rd. The request was heard by
the Planning and Zoning Agency on October 4, 2018 where the item was recommended
for Approval with a unanimous vote (6-0). Discussion focused on the project's
compatibility with the surrounding area, Future Land Use Map designation of Mixed
Use and the sufficient property size for the proposed zoning designation of Commercial intensive.
»
Item 3 - NZVAR 2018-13 Flagler College Intramural Fields (Lighting) - Request for a Non-
Zoning Variance to Section 6.09.02.G to allow Outdoor Lighting illumination values
up to 4.0 Foot candles (FC) on the west property line in lieu of the 0.5 FC maximum
allowance, and to allow for illumination values up to 2.2 FC on the south property line
in lieu of the 1.0 FC maximum allowance to accommodate for the lighting of a 6 acre
Recreational Facility.
Item 3
NZVAR 2018-13 Flagler College Intramural Fields (Lighting) - Request for a Non-Zoning Variance to Section 6.09.02.G to allow Outdoor Lighting illumination values
up to 4.0 Foot candles (FC) on the west property line in lieu of the 0.5 FC maximum
allowance, and to allow for illumination values up to 2.2 FC on the south property line
in lieu of the 1.0 FC maximum allowance to accommodate for the lighting of a 6 acre
Recreational Facility.
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Items 4 & 5 - Public Hearing * VACROA 2017-05 - A Public Hearing to vacate a portion of the
right-of-way of St. Augustine South Drive, shown in Map Book 8, Page 32. The
applicant has requested the vacation of a portion of the St. Augustine South Drive
right-of-way, shown in Map Book 8, Page 32.
MAJMOD 2017-17 Absolute Development PUD. MAJMOD 2017-
17 Absolute Development PUD, request for a Major Modification to the Absolute
Planned Unit Development (PUD) (Ordinance 2004-74, as amended) to replace a
15,000 square foot Z-Best furniture rental retail store with a 6,100 square foot WAWA
convenience store and gas station; and add a small parcel of unused St. Johns County
Right-of-Way located along St. Augustine South Drive, and allow for waivers to allow
deviation from the Master Development Plan Text formatting requirement, portions of
the required perimeter buffers, setbacks, and portions of the required compatibility
buffer masonry wall.
Items 4 & 5
Public Hearing * VACROA 2017-05 - A Public Hearing to vacate a portion of theright-of-way of St. Augustine South Drive, shown in Map Book 8, Page 32. The
applicant has requested the vacation of a portion of the St. Augustine South Drive
right-of-way, shown in Map Book 8, Page 32.
MAJMOD 2017-17 Absolute Development PUD. MAJMOD 2017-
17 Absolute Development PUD, request for a Major Modification to the Absolute
Planned Unit Development (PUD) (Ordinance 2004-74, as amended) to replace a
15,000 square foot Z-Best furniture rental retail store with a 6,100 square foot WAWA
convenience store and gas station; and add a small parcel of unused St. Johns County
Right-of-Way located along St. Augustine South Drive, and allow for waivers to allow
deviation from the Master Development Plan Text formatting requirement, portions of
the required perimeter buffers, setbacks, and portions of the required compatibility
buffer masonry wall.
»
Item 6 - CONSCA 2018-05 Lightsey Road Apartments PUD School Concurrency
Proportionate Share Mitigation Agreement. The proposed Lightsey Road
Apartments School Concurrency Proportionate Share Mitigation Agreement
(Agreement) is between St. Johns County, the School District of St. Johns County,
and Crest Residential, LLC. (Applicant) to mitigate for 256 multi-family residential
dwelling units in the Lightsey Road Apartments PUD located on SR 207. The PUD was
approved by the BCC on May 5, 2009 (PUD 2005-30) for the development of 256 multifamily
units. The proportionate share mitigation of $467,470.00 or $1,826.00 per
dwelling unit is required to be paid prior to Construction Plan approval. The
Agreement also authorizes school impact fee credits in the amount of the
proportionate fair share payment. The Agreement was approved by the St. Johns
County School Board on October 9, 2018. Pursuant to the School Concurrency
Interlocal Agreement, the proposed Agreement must also be approved and executed
by the BCC.
Item 6
CONSCA 2018-05 Lightsey Road Apartments PUD School ConcurrencyProportionate Share Mitigation Agreement. The proposed Lightsey Road
Apartments School Concurrency Proportionate Share Mitigation Agreement
(Agreement) is between St. Johns County, the School District of St. Johns County,
and Crest Residential, LLC. (Applicant) to mitigate for 256 multi-family residential
dwelling units in the Lightsey Road Apartments PUD located on SR 207. The PUD was
approved by the BCC on May 5, 2009 (PUD 2005-30) for the development of 256 multifamily
units. The proportionate share mitigation of $467,470.00 or $1,826.00 per
dwelling unit is required to be paid prior to Construction Plan approval. The
Agreement also authorizes school impact fee credits in the amount of the
proportionate fair share payment. The Agreement was approved by the St. Johns
County School Board on October 9, 2018. Pursuant to the School Concurrency
Interlocal Agreement, the proposed Agreement must also be approved and executed
by the BCC.
»
Item 7 - Reconsideration of Request for Relief From Section 9.04.05.B of the Land
Development Code (Winding Oaks PUD). This is a reconsideration of an item that
sought a waiver to the 1 year limitation for filing for a rezoning after a denial. That
item was denied by the Board of County Commissioner hearing on 10/16/18 by a 3
to 2 vote. However, during that hearing the Board was incorrectly informed that the
applicant had the ability to file the application but were prevented from appearing
before the Agency for a period of one year (until May 1, 2019). The Land Development
Code prohibits the actual filing of a subsequent rezoning application for 1 year after
denial, not merely the public hearing aspect. See the attached LDC section 9.04.05
for the various applications of the 1 year limitation. A reconsideration re-opens the
question of whether to grant the 1 year limitation waiver for another vote on the merits.
A Reconsideration motion can only be made a commissioner voting on the prevailing
side (Comm. Morris, Comm. Smith, or Comm. Waldron), but may be seconded by any
Commissioner. If the reconsideration motion is granted, the Board will then proceed
to the question of whether to grant relief from Section 9.04.05.B of the Land
Development Code and allow the refilling of an application within one year of denial.
A vote to allow the refilling does not constitute approval of the PUD project itself. The
previous Agenda Item number 5, including the letter of request, is attached.
Item 7
Reconsideration of Request for Relief From Section 9.04.05.B of the LandDevelopment Code (Winding Oaks PUD). This is a reconsideration of an item that
sought a waiver to the 1 year limitation for filing for a rezoning after a denial. That
item was denied by the Board of County Commissioner hearing on 10/16/18 by a 3
to 2 vote. However, during that hearing the Board was incorrectly informed that the
applicant had the ability to file the application but were prevented from appearing
before the Agency for a period of one year (until May 1, 2019). The Land Development
Code prohibits the actual filing of a subsequent rezoning application for 1 year after
denial, not merely the public hearing aspect. See the attached LDC section 9.04.05
for the various applications of the 1 year limitation. A reconsideration re-opens the
question of whether to grant the 1 year limitation waiver for another vote on the merits.
A Reconsideration motion can only be made a commissioner voting on the prevailing
side (Comm. Morris, Comm. Smith, or Comm. Waldron), but may be seconded by any
Commissioner. If the reconsideration motion is granted, the Board will then proceed
to the question of whether to grant relief from Section 9.04.05.B of the Land
Development Code and allow the refilling of an application within one year of denial.
A vote to allow the refilling does not constitute approval of the PUD project itself. The
previous Agenda Item number 5, including the letter of request, is attached.
»
Item 9 - Consider adoption of proposed bylaws and member appointments to the Cultural
Resource Review Board. This proposed Resolution creates and adopts bylaws for
the Cultural Resource Review Board (CRRB) in accordance with the Land Development
Code amendments enacted via Ordinance 2018-51 on September 18, 2018. Please
note that the CRRB is currently a five (5) member board seeking representation from
each County Commission District (when possible) and additionally, two (2) at-large
alternates may be appointed. With the approval to adopt bylaws of the CRRB and in
order to ensure continuity, it is recommended that the CRRB be sunseted and new
members appointed in accordance with proposed bylaws. The initial terms of the new
members are to be staggered per Article II of the bylaws and it is suggested that the
newly appointed members select/draw lots at their first meeting to determine
individual terms. Those terms would be brought back on a future Consent Agenda
for ratification by the Board of County Commissioners. Appointees shall be qualified
through the demonstration of special interest, experience or education in the
preservation of the County's cultural resources and when possible, have practical and
professional experience in one or more of the following fields: archaeology,
architecture, architectural history, curation or conservation, planning, professional
engineering, real estate, history, historic preservation, or related disciplines. Please
find attached for your review and consideration a summary of the CRRB's discussion
on August 14, 2018 concerning vacancies and six (6) applications (Nick Jonihakis -
Dist 1, Janet Jordan - Dist. 5, Christine Newman - Dist. 5, Kenneth A. McClain Sr -
Dist. 2, Emily Jane Murray - Dist. 3, and Robert E. Olson - Dist. 5).
Item 9
Consider adoption of proposed bylaws and member appointments to the CulturalResource Review Board. This proposed Resolution creates and adopts bylaws for
the Cultural Resource Review Board (CRRB) in accordance with the Land Development
Code amendments enacted via Ordinance 2018-51 on September 18, 2018. Please
note that the CRRB is currently a five (5) member board seeking representation from
each County Commission District (when possible) and additionally, two (2) at-large
alternates may be appointed. With the approval to adopt bylaws of the CRRB and in
order to ensure continuity, it is recommended that the CRRB be sunseted and new
members appointed in accordance with proposed bylaws. The initial terms of the new
members are to be staggered per Article II of the bylaws and it is suggested that the
newly appointed members select/draw lots at their first meeting to determine
individual terms. Those terms would be brought back on a future Consent Agenda
for ratification by the Board of County Commissioners. Appointees shall be qualified
through the demonstration of special interest, experience or education in the
preservation of the County's cultural resources and when possible, have practical and
professional experience in one or more of the following fields: archaeology,
architecture, architectural history, curation or conservation, planning, professional
engineering, real estate, history, historic preservation, or related disciplines. Please
find attached for your review and consideration a summary of the CRRB's discussion
on August 14, 2018 concerning vacancies and six (6) applications (Nick Jonihakis -
Dist 1, Janet Jordan - Dist. 5, Christine Newman - Dist. 5, Kenneth A. McClain Sr -
Dist. 2, Emily Jane Murray - Dist. 3, and Robert E. Olson - Dist. 5).
»
Item 10 - Consider appointments to the Health & Human Services Advisory Council. There
are currently two vacancies on the Health & Human Services Advisory Council due to
expired terms. One position requires the appointment of a professional from the
disciplines in Health & Human Services. The other position is for an At-Large member
position with experience including, but not limited to such areas as business, banking
and finance, education, law enforcement, community religious leadership, consumer
and any other interested parties comprising the general public. Please find attached
for your review and consideration three applications (Dr. Tina D’Alessandro – District
4, Danny Hodges – District 2 and Shannon Nazworth – District 5) and a
recommendation letter from the HHSAC.
Item 10
Consider appointments to the Health & Human Services Advisory Council. Thereare currently two vacancies on the Health & Human Services Advisory Council due to
expired terms. One position requires the appointment of a professional from the
disciplines in Health & Human Services. The other position is for an At-Large member
position with experience including, but not limited to such areas as business, banking
and finance, education, law enforcement, community religious leadership, consumer
and any other interested parties comprising the general public. Please find attached
for your review and consideration three applications (Dr. Tina D’Alessandro – District
4, Danny Hodges – District 2 and Shannon Nazworth – District 5) and a
recommendation letter from the HHSAC.
»
Item 11 - Consider appointments to the Architectural Review Committee (ARC). Currently
there are four vacancies on the Architectural Review Committee (3 regular seats and
1 alternate). Three of these vacancies have been advertised. The fourth vacancy
recently occurred due to a resignation. Please find attached for your review and
consideration two applications (Glenn Hettinger and David Christine) and a
recommendation from the Architectural Review Committee
Item 11
Consider appointments to the Architectural Review Committee (ARC). Currentlythere are four vacancies on the Architectural Review Committee (3 regular seats and
1 alternate). Three of these vacancies have been advertised. The fourth vacancy
recently occurred due to a resignation. Please find attached for your review and
consideration two applications (Glenn Hettinger and David Christine) and a
recommendation from the Architectural Review Committee
»
Item 12 - Consider an appointment to the Industrial Development Authority. Currently
there is one (1) vacancy on the Industrial Development Authority. This vacancy is due
to the expired term of Peter Apol. This vacancy has been advertised multiple times
since June 2018. Please find attached for your review and consideration a
recommendation letter submitted on behalf of the Industrial Development Authority
and three (3) applications: Litchney, Geoffrey S. (District 5), Wadro, Charles M.
(District 4), and Westover, Ryan (District 2),
Item 12
Consider an appointment to the Industrial Development Authority. Currentlythere is one (1) vacancy on the Industrial Development Authority. This vacancy is due
to the expired term of Peter Apol. This vacancy has been advertised multiple times
since June 2018. Please find attached for your review and consideration a
recommendation letter submitted on behalf of the Industrial Development Authority
and three (3) applications: Litchney, Geoffrey S. (District 5), Wadro, Charles M.
(District 4), and Westover, Ryan (District 2),
»
Item 8 - Discussion regarding JAXUSA rebranding initiative as part of Elevate Northeast
Florida Regional Economic Development Strategy. In September, JAXUSA
Partnership unveiled their draft Elevate Northeast Florida Regional Economic
Development Strategy incorporating recommendations to improve regional
competitiveness and collaboration throughout Baker, Clay, Duval, Flagler, Nassau,
Putnam and St. Johns counties. This process was initiated in March 2018, lead by
JAXUSA, in coordination with Northeast Florida Regional Council, CareerSource
Northeast Florida, and other partners. One of the strategies proposed refers to regional
branding, and recommends that JAXUSA rebrand the region as the Jacksonville
region, rather than the Northeast Florida region when marketing the area nationally
and internationally.
Item 8
Discussion regarding JAXUSA rebranding initiative as part of Elevate NortheastFlorida Regional Economic Development Strategy. In September, JAXUSA
Partnership unveiled their draft Elevate Northeast Florida Regional Economic
Development Strategy incorporating recommendations to improve regional
competitiveness and collaboration throughout Baker, Clay, Duval, Flagler, Nassau,
Putnam and St. Johns counties. This process was initiated in March 2018, lead by
JAXUSA, in coordination with Northeast Florida Regional Council, CareerSource
Northeast Florida, and other partners. One of the strategies proposed refers to regional
branding, and recommends that JAXUSA rebrand the region as the Jacksonville
region, rather than the Northeast Florida region when marketing the area nationally
and internationally.
»
Reports - Commissioners’ Reports
County Administrator’s Report
County Attorney’s Report
Clerk of Court’s Report
Reports
Commissioners’ ReportsCounty Administrator’s Report
County Attorney’s Report
Clerk of Court’s Report
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Item 13 - First Reading of a proposed ordinance that levies and imposes an additional one
(1) percent tourist development tax, and amends the County's current Tourist
Development Plan to allocate the additional tax revenues for beach
renourishment. Section 125.0104, F.S (as amended), known as the Local Option
Tourist Development Act (Act), authorizes the County to levy and impose a tourist
development tax on the privilege of renting, leasing or letting for consideration any
living quarters or accommodations for a term of six (6) months or less. The Act also
authorizes the Board to establish and, from time to time, amend a tourist development
plan that sets forth the specific uses and allocation of tourist development tax
revenues. The County's current total tourist development tax rate is four (4) percent.
(See Ordinance Nos. 86-72, 91-44 and 09-62). Pursuant to section 125.0104(3)(n) of
the Act, the County is authorized to levy and impose an additional one (1) percent
tourist development tax. Exercising authority pursuant to this section of the Act would
increase the County's total tourist development tax rate to five (5) percent. Earlier
this year, in response to discussions regarding the post-storm conditions of local
beaches, the Tourist Development Council (TDC) approved a recommendation to the
Board that the County's tourist development tax rate be increased to five (5) percent,
and that to the greatest extent possible, the additional revenues generated by the tax
be allocated to beach renourishment. At its last regularly scheduled meeting, the
Board directed that an ordinance be prepared that would levy and impose an
additional one (1) percent tourist development tax, and allocate revenues generated
by the tax for beach renourishment. A draft of the proposed ordinance has been
prepared, and is attached hereto. This First Reading of the proposed ordinance allows
for the Board's review, discussion and further direction.
Item 13
First Reading of a proposed ordinance that levies and imposes an additional one(1) percent tourist development tax, and amends the County's current Tourist
Development Plan to allocate the additional tax revenues for beach
renourishment. Section 125.0104, F.S (as amended), known as the Local Option
Tourist Development Act (Act), authorizes the County to levy and impose a tourist
development tax on the privilege of renting, leasing or letting for consideration any
living quarters or accommodations for a term of six (6) months or less. The Act also
authorizes the Board to establish and, from time to time, amend a tourist development
plan that sets forth the specific uses and allocation of tourist development tax
revenues. The County's current total tourist development tax rate is four (4) percent.
(See Ordinance Nos. 86-72, 91-44 and 09-62). Pursuant to section 125.0104(3)(n) of
the Act, the County is authorized to levy and impose an additional one (1) percent
tourist development tax. Exercising authority pursuant to this section of the Act would
increase the County's total tourist development tax rate to five (5) percent. Earlier
this year, in response to discussions regarding the post-storm conditions of local
beaches, the Tourist Development Council (TDC) approved a recommendation to the
Board that the County's tourist development tax rate be increased to five (5) percent,
and that to the greatest extent possible, the additional revenues generated by the tax
be allocated to beach renourishment. At its last regularly scheduled meeting, the
Board directed that an ordinance be prepared that would levy and impose an
additional one (1) percent tourist development tax, and allocate revenues generated
by the tax for beach renourishment. A draft of the proposed ordinance has been
prepared, and is attached hereto. This First Reading of the proposed ordinance allows
for the Board's review, discussion and further direction.
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